General terms and conditions

Menhammar OnlineSales 2020

This a translation of the Swedish legal document, “Allmänna villkor – Menhammar OnlineSales 2020”. The Swedish version is the legal document and this translation is intended for information only

Auctioneer: Menhammar Stuteri AB
Financial Administration: ASVT/Trottex AB

General information

The auction is open for yearlings selected for Menhammar OnlineSales. Sales are conducted on the Internet (www.menhammaronlinesales.se), auction days being July 3 to July 5 2020. The auction opens for bids via the Internet page (web page) at 19:00 CET on July 3 and closes with a live transmission on July 5 with the first horse (lot) going up for sale at 19:00 CET. The horses are sold in the order that they appear in the catalogue (by catalogue number).
The closing day live transmission auction is led by an auctioneer, but all bids are made on the auction Internet page. Bid approvals and countdown is also shown via the Internet page of the auction. In cases where the auctioneer deems it relevant or necessary, there may be 15 seconds added at the end of a sale, for eventual new bids. If no new bids are made, the sale is then closed and the horse (lot) is sold to the last bidder. If a new bid is made, a new bidding period of 15 seconds will be added.

Bidding

The minimum starting bid is 50 000 SEK (Swedish crowns/kronor). The minimum permitted bidding intervall (bid increase) for bidders is 10 000 SEK per bid. VAT (value added tax, Swedish moms) applies. The highest bid is the last bid made within the allotted time, that exceeds the previous bid with a minimum of 10 000 SEK. If two or more bidders make the same bid, the first of these bids made counts as the leading bidder. The auctioneer determines which bid was made first. Only bids made on the Internet using Menhammar OnlineSales service count as valid bids. Which bid is regarded as the last and valid bid before the time expires is determined by the auctioneer.
There is a legally binding purchase between the seller and the bidder with the highest bid, that is  confirmed by the auctioneer. The auctioneer informs the buyer (the holder of the highest bid) that a legally binding purchase has been made. This notification will be made by e-mail or by regular post. The seller and buyer each get to keep a confirmation of sale, to be signed and sent back to the other counterpart, where the identity of the parties involved in the transaction, the price to be paid and the date of purchase are clearly stated.

Sellers responsibility

The seller is responsible for the information provided for each horse, and the seller is responsible for the horse itself until the sale is confirmed by the auctioneer’s hammer. After which, all responsibility is passed on to the buyer. The seller is responsible for the delivery of the horse and is prohibited from selling the horse whilst the auction continues or after the purchase agreement has been signed. The seller confirms that personal details provided (name, postal adress och and telephone number) are provided on the Internet page.

Condition of the horses (lots)

The horses are “sold as they stand”. The regulations of paragraph 19 ( § 19) of the Swedish sales law (“Köplagen”) do not apply. A defect in a horse can only be claimed on the grounds, and within the time space, that is specifically provided here below under “The buyer and seller conditions, the condition of the horses and complaints”. A veterinary inspection report not more than 7 days old on auction day and X-ray certificate (fetlocks and hocks) will be in the possession of the auctioneer latest one day before the first day of the auction. These documents, and in applicable cases an operations journal, will be published on the web page of the auction.
The horses should be vaccinated against horse flu according to Swedish Trottings (Svensk Travsport) rules (vaccination A, B and C). The horses should also be vaccinated against lockjaw/tetanus. These vaccinations should be noted in the horse passports.

Conditions between auctioneer, Trottex and the seller

By the seller provided copies of veterinary and X-ray certificates are published on the Internet. Together with other adequate and relevant information regarding the horse (lot). The seller shall provide film and photo footage of the horse (lot) being auctioned. These shall be shown on the Internet page.
The seller is responsible for all information, that is provided for each horse. Filled forms regarding change of ownership should be made available to the auctioneer, latest a week before the auction. The seller is responsible for a veterinary certificate (not more than 7 days old) and an X-ray certificate being made available the day before the date of auction.
An X-ray inspection (radiodiagnosis) should have been performed with the aim of showing bone/cartilage changes at least for the following regions: 1) Fetlock joint both front (dorsal-proximal P1); 2) Outer and inner support in fetlock joints hindquarters (lateroplantart and medioplantart P1); 3) Tibias middle (TIR) and inner (media) malleolen in hocks, both hindquarters. Such an inspection entails 8 – 12 images depending on modus operandi.
The auctioneer entrusts Trottex for the administration of invoicing of funds of purchase and changes of ownership.
The sellers rights regarding the rights to purchase funds, according to this agreement, are hereby transferred to Trottex. In cases of a dispute the seller will therefore request/demand that the payment be made to Trottex, not to the seller. If a  complaint/dispute is reported to Trottex, Trottex at the request of the buyer reserves the right to withhold the funds of the purchase until the dispute is resolved.
The seller is responsible towards Trottex for not providing the sold horse (lot), until supplied with the proof of ownership by the buyer.
In the event of the seller coming to an agreement with the buyer on a grace period outside of the framework of the stipulated terms, Trottex will invoice the seller for costs invoked on Trottex by the buyer. Such as, but not limited to, purchasing brokerage.
The seller will in this case be responsible for invoicing and acquiring the purchasing funds from the buyer.  The seller is aware of the fact that Trottex does not validate the buyers ability to pay, during the bidding process.
The seller approves of 10 days of credit to the buyer. The credit risk here is on the seller.
Settlement to the seller takes place 65 days after sale in cases where tests have been taken for analysis of anabolic steroids. Otherwise settlement to the seller is made 30 days after the sale of a horse.

Terms between buyer and seller, horse condition, and complaints

Since the buyer will not have had the possibility to inspect the horse in all cases before a purchase, the buyer reserves the right to point out defects that could have been discovered during a normal inspection, and that would adventure the ability of the horse to perform properly in races or in breeding.
The seller is responsible for the costs of the horse, until it is in the custody of the buyer.
The risk responsibility for the horse is transferred to the buyer, when the auctioneer’s hammer confirms the sale. The seller has no responsibility to provide the horse to the buyer, unless and until Trottex has been paid in full.
The buyer should conduct a veterinary inspection/X-ray within 14 days of acquiring the horse, in the case of acquisition being made within 14 days of purchase.
In other cases, within 28 days of purchase.
If delivery of the horse is made later than 14 days from the date of purchase and this is due to the seller, 14 days after the date of purchase is applicable.
If a veterinary inspection reveals defects that have not been described or pointed out on the certificate provided, or if the buyer otherwise finds defects or faults, a written complaint must be made to Trottex within the same time frame.
All rights to file a complaint regarding defects or faults – even hidden defects – are forfeited if the buyer does not file a complaint in this way and within this stipulated time frame. Excepting only cases, where the seller has acted deceptively.
Regardless of the above stipulated time frames, the buyer has the right to an extended time frame for complaints if a purchased horse is tested positive for use of anabolic steroids. This requires that the buyer has conducted a test for analysis latest 14 days from the date of the auction and submitted a written complaint latest 74 days after the date of the auction.

An eventual dispute is contested directly between the buyer and the seller.

The seller is not responsible for harm caused to other animals or humans through infectious disease, that the purchased horse (lot) had at the time of delivery, and that the seller had not noticed (or should have noticed through careful inspection) at the time of delivery.
If the horse is returned to the seller the transport is to be paid for by the buyer.
Other costs that have been accumulated after the delivery of the horse, like training costs, stable costs etc etc until the horse is returned, are paid for by the buyer.
Information and veterinary certificates provided are only advisory for the buyer, and does not free the buyer from the responsibility of inspection.
Terms and conditions of payment between Trottex and the buyer
Payment shall be made to Trottex according to invoice, with 10 days of credit. Delayed payment will entail a 16 per cent interest rate, beginning from the specified date of payment. Ownership of the horse shifts to the buyer when full payment has been made.The buyer should acquire insurance for the horse valid from the time of purchase (when confirmed by the auctioneer’s hammer). If the horse has not been paid for latest 7 days after date of payment specified on the invoice Trottex reserves the right to impose the following measures: 1) Cancel the sale. If the sale is cancelled, the buyer is obliged to pay damages equivalent of 10 %  of the price of purchase, the minimum level being 20 000 SEK, 2) To process this claim, with Trottex representing the seller with the right to demand full compensation from the buyer for the cost of processing the claim.

Right of ownership reservation

The seller reserves the right to withhold or take back a sold horse until the full payment has been made. This right shifts to Trottex where Trottex has approved or provided credit, until the buyer has made full payment. The horse will not be provided until full payment has been made.

Foreign buyers

An export fee applies to foreign buyers, choosing to export a purchased horse. The export fee is paid to Swedish Trotting (ST). For foreign buyers exporting the horse within a month from the date of auction, and having declared to Trottex that the horse is to be exported, the value added tax, VAT (Swedish moms) will be refunded when the export certificate has been made available to Trottex. This is under the condition that the export certificate is provided not later than 30 days after the date of auction. And also under the condition that Swedish law permits VAT-free (“momsfri”) exports.

Law and jurisdiction

Swedish law shall apply in the transaction between the auctioneer and the seller and the buyer, as well as between seller and buyer. Laws regarding international purchases do not apply. Legal disputes will be settled in Swedish civil courts.

GDPR and handling of personal details

Menhammar Stuteri AB (Menhammar Farms) is responsible for personal details of buyers and customers.
Menhammar Stuteri AB has the following contact details:
Postal address: Menhammar Stuteri AB, Box 17120, 104 62 Stockholm
E-mail to contact a relevant person for data protection issues: [email protected]
Telephone: +46 8-772 05 00
During auction and sales, Menhammar Stuteri AB will process personal details necessary to conduct the auction and fullfill the agreement that arises through auction and sales, according to article 6 st. 1b of the European Parliaments and Councils regulation (EU) 2016/679 of  27 April 2016. Regarding protection for physical persons during processing of personal details and regarding the free flow of such details and the repeal of directive 95/46/EG (general  data protection regulation).
For marketing of campaigns, offers, new products or services,  Menhammar Stuteri AB will process personal details. This processing is necessary for Menhammar Stuteri AB:s justified interest to market itself directly, according to article 6st 1f of the European Parliaments and Councils regulation (EU) 2016/679 of  27 April 2016 of protection of physical persons. Regarding the processing of personal details and the free flow of such details and the repeal of directive 95/46/EG (general data protection regulation).
The registered customer has the right to revoke consent at any time, without this affecting the legality of the processing on the basis of the consent, before it was revoked.
Consent for direct marketing can be revoked by a notice to this effect to [email protected].
Automated decisions can be made about marketing being made to customers that are registered. Keeping of personal records is a necessary measure when entering an agreement about auction purchase or sale, with Menhammar Stuteri AB.
If such personal details are not forwarded Menhammar Stuteri AB has the right to refuse acceptance of information due to non-inclusion of personal details, and to deny registration for an auction purchase or sale.
Personal details can be transferred between Menhammar Stuteri AB and other companies in the same corporate group. During such a transfer, personal details can be transferred to a third country outside of the EES-area. During transfer to a third country outside the EES-area, there is a regulation from the European Commission that the country needs an adequate security level and/or relevant or suitable precautions in the  form of binding corporate regulations and/or standard agreement clauses. A copy of  suitable precautions can be accessed via a written request to  [email protected]
Personal details in bookkeeping will be stored for seven (7) years according to chapter 7, paragraph 2 (7 kap. 2 §) of the Swedish bookkeeping law, “bokföringslagen” (1999:1078). Editing of incorrect or for bookkeeping non-necessary personal details, is done every two years. The registered buyer/customer whose personal details are processed by Menhammar Stuteri AB has the right to demand access to adjustments or the deleting of personal details, or limitations of process connected to the registered buyer, or protest against processing of details. And also the right to data portability according to article 20 of the European Parliaments and  Councils regulation (EU) 2016/679 of the 27 April 2016 regarding protection for physical  persons with regards to processing of personal details and about the  free flow of such details and of the repeal of directive 95/46/EG (general data protection regulation).
The  registered buyer has the right of complaint to the responsible authority, Datainspektionen.

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