TERMS & CONDITIONS for SCI World Class Sport Horses EMBRYO, HORSES, AUCTIONS and GENERAL SALES
These Auction Terms are divided into:
I GENERAL CONDITIONS
II CONDITIONS – BUYER
III CONDITIONS – SELLER
Definitions
In these Terms and Conditions of the Auction and General Sales, the following terms are used in the following sense, unless expressly stated otherwise
The Seller: SCI World Class Sport Horses (The Seller and SCI World Class Sport Horses will be used interchangeably in this document)
The Buyer: The natural or legal person who wins the auction by placing the highest final bid and has been awarded the auctioned Embryo or Horse; or the natural or legal person who purchases an Embryo or Horse from the Seller’s website. (The words Buyer and Purchaser will be used interchangeably in this document).
Participant: A person, legal entity or partnership participating in the Auction as a Bidder and/or as a Buyer
Embryo: The Embryos offered by SCI World Class Sport Horses at its Auctions or for sale on the Seller’s website
Implanted Embryo: An Embryo that is implanted in a surrogate mare
Horse: A Horse of any age offered by SCI World Class Sport Horses at its Auctions or for sale on the Seller’s website
Buy Now Button: This button on the website allows a natural or legal person to immediately purchase the presented item (Embryo, Horse or otherwise) without having to participate in the Auction. The Buy Now Button will be active before and during the Auction and will de-activate when a Buy Now purchase has been made (for that particular item).
Auction: The auctions organized and facilitated by SCI World Class Sport Horses whereby SCI World Class Sport Horses offers and sells Embryos and Horses in public to the highest bidder
At Bid: Refers to the current highest price that a bidder is willing to pay for the Embryo or Horse being auctioned, during the Auction
Allotment: Refers to the process or act of assigning or distributing the item(s) being auctioned to the winning bidder(s)
Award: The confirmation from SCI World Class Sport Horses that the bid of the Buyer is accepted as the highest bid and that the Embryo or Horse on which the Buyer has bid is awarded and sold to the Buyer. This confirmation will be recorded in writing by SCI World Class Sport Horses in the Purchase Agreement
Settlement Amount: The currency amount bid by a Bidder/Buyer at an Auction for an Embryo or Horse and accepted by the Seller; this amount is the basis of which the Embryo or Horse is awarded to the Buyer
Purchase Agreement: The written record of the agreement created by the purchase of an Embryo or Horse auctioned or sold by SCI World Class Sport Horses, either through an Auction or a Buy Now option.
Purchase Price: The Settlement Amount plus other charges (if applicable), plus the VAT applicable at that time
Delivery Receipt: The written confirmation by the Buyer and the Seller that the Embryo or Horse auctioned or sold by the Seller has been purchased by the Buyer from the Seller and/or has been delivered to the Buyer
I GENERAL TERMS AND CONDITIONS
- General
1.1 SCI World Class Sport Horses is our commercial name for the private company “Free Bird One Limited” with limited liability, registered in the Companies Registry HK under number 76292974, hereinafter referred to as SCI World Class Sport Horses.
1.2 SCI World Class Sport Horses organizes and facilitates Auctions and on-line Sales. Auctions can take place both physically on location and online through the auction website of SCI World Class Sport Horses – https://sciworldclass.com/subasta/
1.3 These Terms and Conditions apply to the legal relations between SCI World Class Sport Horses and each Participant in an Auction or on-line Sale, as well as to all Purchase Agreements concluded during the Auction or on-line Sale, and agreements resulting from it. Applicability of other (general) conditions is excluded.
1.4 These Terms and Conditions can be viewed on the website and are always brought to the attention of the Participants in the Auction before the start of an Auction.
1.5 These General Terms and Conditions shall apply exclusively; SCI World Class Sport Horses does not recognize any conflicting conditions, or conditions deviating from our General Terms and Conditions unless we have explicitly confirmed their validity in writing.
1.6 SCI World Class Sport Horses reserves ownership and copyrights to any and all images, videos, drawings, descriptions, brands, logos and other documents that have been used by us for the Auction or on-line Sale. Before revealing them to third parties, the Buyer, the bidder or any other third party needs our express written consent.
1.7 The Buyer is aware and expressly agrees that the services available on the website are limited to making it technically possible to follow the auction via the Internet and to participate in the auction as a bidder. SCI World Class Sport Horses has no and assumes no responsibility for the services of the Internet for the organisation and running of the Auction via its website. The bidder/Buyer cannot make any claim whatsoever against SCI World Class Sport Horses for any technical, electrical or other glitch or failure or breakdown of the website during the Auction, or any delay in the functioning of the website during the Auction.
1.8 SCI World Class Sport Horses makes every effort to secure its systems against loss of data and/or any form of unlawful use and takes appropriate technical and organisational measures for this purpose. In the Buyers dealings with SCI World Class Sport Horses Auction or on-line Sales, the Buyer is obliged to adequately secure the computer and/or any other device they use to access the Auction or on-line Sales website, and to protect it as is customary against viruses or other unlawful programs or files that may be spread via the Internet.
1.9 The Seller will provide the Bidder with the opportunity to view the surrogate mares prior to the Auction.
1.10 Force Majeure – In these General Terms and Conditions, force majeure is pursuant to article 6:75 of the Dutch Civil Code, which includes, in addition to the contents of the law and jurisprudence: all external causes and their consequences, whether anticipated or not, that are beyond SCI World Class Sport Horses’ control, yet render SCI World Class Sport Horses or a third party engaged by SCI World Class Sport Horses unable to fulfill its (or their) obligations or making the fulfillment of the Contract so impossibly onerous and/or disproportionately costly that fulfillment of the Contract cannot reasonably be expected of SCI World Class Sport Horses.
These include, but are not limited to: a) strikes in the company of third parties that are involved in the performance of the Contract; b) instructions or requests by a government agency and/or a local authority and/or any natural person authorized to act on behalf of such an authority; c) changes in the law and/or regulations as a result of which SCI World Class Sport Horses is not (any longer) able to meet its obligations, or that make the fulfillment of the Contract impossibly onerous and/or disproportionately costly; d) the outbreak of infectious diseases; e) pandemics and/or epidemics, as well as any (government) measures taken in response; f) extreme weather conditions; g) the circumstance that SCI World Class Sport Horses does not, not timely or not correctly receive a deliverable from a third party that it requires for its own delivery as a result of force majeure on the part of this third party.
SCI World Class Sport Horses may suspend its obligations arising from the Contract during the period that the force majeure continues. Should the force majeure situation surpass a period of one (1) month, SCI World Class Sport Horses shall be entitled to terminate the Contract in writing.
1.11 Privacy Statement – SCI World Class Sport Horses shall use the Personal Data of the Participant in accordance with the provisions of the Privacy Policy on its Auction and on-line Sales website. The Participant should always consult the latest changes to the Privacy Policy when visiting the Auction and on-line Sales Website. The Participant agrees that its Personal Data entered upon Registration or application may be used for inclusion in a prospectus. The Participant provides SCI World Class Sport Horses with unconditional permission to use this Personal Data for, among other things, the prospectus.
1.12 If one or more of the provisions contained in the auction Terms and Conditions are or become invalid, the remaining provisions shall remain in force. In that case, a new provision shall replace the invalid provision (if applicable), which shall correspond as closely as possible with the former invalid provision in terms of content, scope and purpose.
- Auction
2.1 An Auction takes place on a date and time determined by SCI World Class Sport Horses. SCI World Class Sport Horses determines the course of events prior to and during the Auction. It has the authority not to auction one or more Embryos or Horses, not to acknowledge a bid and declare it invalid, to suspend, resume, extend or cancel the Auction or to take other necessary measures, all according to its findings.
2.2 SCI World Class Sport Horses attempts to compose the contents of its (digital) catalogs as carefully as possible and to give, with the information thus presented, details of the Embryo or Horse that is offered for Auction; however, while striving to provide all necessary information, cannot guarantee that the information is complete. No rights can therefore be derived from the contents of these catalogs.
2.3 SCI World Class Sport Horses determines the order of the Embryos or Horses that will be auctioned off.
2.4 The participation in an auction is only permitted for natural persons of legal adult age who have unlimited capacity to conduct business, and have registered with SCI World Class Sport Horses.
2.5 Natural authorised representatives of a legal entity must be mentioned by name.
2.6 Each user can only register once. The registration cannot be transferred.
2.7 Registered users receive a password. Every user is obliged to keep the password confidential.
2.8 Participants who wish to bid and/or buy during an Auction, have to register as such in the manner indicated by SCI World Class Sport Horses. SCI World Class Sport Horses has the right to refuse any person access to and/or (further) participation in and/or registration for the Auction, or to impose (further) conditions, without having to state any reasons.
2.9 By registering, Participants unconditionally agree and accept the conditions and procedures of SCI World Class Sport Horses Auction and the listing of their data in the SCI World Class Sport Horses Auction catalogs. SCI World Class Sport Horses uses personal data in conformity with the privacy policy on its website.
2.10 Furthermore, by participating in an SCI World Class Sport Horses Auction, the bidder/buyer declares that he or she is authorised to perform legal acts and enter into a Purchase Agreement regarding the Embryo or Horse concerned. The bidder/buyer is obliged to ensure that all information provided to SCI World Class Sport Horses Auction at the time of registration is filled in completely, correctly and truthfully, and the bidder/buyer vouches for the correctness and completeness of the information provided by him.
2.11 An online Auction closes on a date and time indicated in advance. The duration of the online Auction is indicated on the auction website.
2.12 The bid increments for Online auctions are at least 500 Euros per bid, unless otherwise indicated.
2.13 The Bidder bids at his own expense and risk and is bound by his bid until a higher bid is accepted. The Bidder cannot rely on bidding errors, typos, or mistakes when placing a bid. In the event of an Online Auction, the Bidder will accept any special circumstances that can be part of an Online Auction, including technical errors which prevent timely bidding. SCI World Class Sport Horses Auction shall never be liable towards the Bidder for damage resulting from the provisions in this paragraph.
2.14 In the event that a bid is placed on an Embryo of Horse within the final five (5) minutes prior to the Online Auction’s closing time, the closing time will be extended by three (3) minutes (after each new bid). The final closing will be three (3) minutes after the final bid.
2.15 If, in the opinion of SCI World Class Sport Horses, there are reasonable grounds for doing so, SCI World Class Sport Horses is entitled not to recognize a bid.
2.16 A physical Auction is conducted by an auctioneer appointed by SCI World Class Sport Horses under the supervision of a notary appointed by SCI World Class Sport Horses.
2.17 SCI World Class Sport Horses Embryos and Horses offered at the Auction are sold in Euros, with a minimum opening bid shown prior to or at the beginning of the Auction, unless otherwise indicated by SCI World Class Sport Horses.
2.18 The Allotment will be assigned to the highest bidder at the end of the Auction. The final invoice amount for the Buyer is calculated as follows: allotment price (highest bid) + applicable VAT. SCI World Class Sport Horses does not charge a commission fee. By submitting a bid, the bidder undertakes to pay the total amount after the Allotment.
2.19 Allotment does not equal title ownership. Allotment means the Buyer takes on the responsibility and costs of the Horse, or the vitrified Embryo, or the implanted Embryo plus surrogate mare. The legal transfer of ownership only occurs when any amounts due are paid in full to SCI World Class Sport Horses and receipt of such is acknowledged by SCI World Class Sport Horses. The Buyer indemnifies SCI World Class Sport Horses against any third-party claims in this regard.
- Auction and On-Line Sale / Award
3.1 A bidder/Buyer will be bound to his/her bid until a possible higher bid follows. If no higher bid follows, the Embryo or Horse will be awarded to the bidder/Buyer by SCI World Class Sport Horses for the amount of this highest bid.
3.2 Once the Auction for a particular Embryo or Horse ends or an on-line purchase is made, a Purchase Agreement is established between the Buyer and SCI World Class Sport Horses. SCI World Class Sport Horses records the Allotment in writing in the Purchase Agreement and sends it to the Buyer. In the event a frozen semen straw is purchased, the Buyer will be obligated to sign a “no ICSI” Contract/Agreement, and will be obligated to return the signed “no ICSI” Contract/Agreement within 24 hours of receiving it. The Buyer will also receive an invoice, on which the Purchase Price is stated.
3.3 All offered Embryos and Horses are auctioned and sold in the state and condition in which they are at the time of Allotment or sale. SCI World Class Sport Horses does not accept any liability for the value of the auctioned or sold Embryos or Horses.
3.4 An Embryo can also be auctioned or sold together with a surrogate mother and will be described as an Implanted Embryo. In such cases, the price of the Embryo will be increased by the price for the surrogate mother. The price for the surrogate mother may be for the sale or lease of the surrogate mother, and will vary on a case-by-case basis (further details are noted in section 5.7 of these Terms & Conditions). The Auction or on-line Sale description will state whether the surrogate mother will be a sale or a lease.The total Buyer’s costs will therefore consist of the Settlement Amount for the Embryo plus the remuneration for the surrogate mother, and the Auction Costs (if any) plus VAT, and will have to be paid as described in these Terms and Conditions.
- Purchase Price and VAT
4.1 Purchase/sale of an Embryo or Horse is subject to VAT. Prior to an Auction, it will be made known for each Embryo or Horse whether a margin scheme applies. The VAT rate will be as applicable in the Netherlands, unless stated otherwise. VAT rates are subject to change. VAT is calculated on the Settlement Amount and is then part of the Purchase Price.
4.2 If an auctioned or sold Embryo or Horse is delivered and transferred outside the Netherlands to another country at the request of the Buyer, and if the Buyer has requested that the zero rate of VAT be applied to the invoice, the Buyer is liable if it appears that the application of the zero rate of VAT was not justified. In that case the Buyer is obliged to pay the amount that would have been due if the Embryo or Horse had been delivered and transferred in the Netherlands.
4.3 SCI World Class Sport Horses is entitled to claim from the Buyer in advance the payment of the VAT rate applicable in the Netherlands. The Buyer is obliged to pay this promptly, even if the Buyer believes that the zero VAT rate applies. Only after the sold Embryo or Horse has been delivered outside the Netherlands to another country and the Buyer has proven that the conditions for application of the VAT zero rate are met, SCI World Class Sport Horses will refund the undue amount to Buyer.
4.4 The Buyer indemnifies SCI World Class Sport Horses against all claims in this respect as well as for any resulting damage and costs.
4.5 The Buyer is only authorized to pay SCI World Class Sport Horses or its affiliates (SCI World Class Sport Horses will publish the name of any authorized affiliates on their invoice). If the Buyer pays the Purchase Price to someone other than SCI World Class Sport Horses (or its authorized affiliates, as stated above), then the Buyer has failed to meet its payment obligation. In that case, the transfer of ownership of the Embryo or Horse will not be made to the Buyer.
- Delivery / Acceptance
5.1 Delivery or acceptance only takes place after the full monetary amount owed by the Buyer has been received by SCI World Class Sport Horses. The risk of the Embryo or Horse is transferred to the Buyer at the time of Allotment.
5.2 In the case of a Horse that was purchased either through an Auction or an on-line Sale, the Buyer is obligated to make the full payment of the Purchase Price and pick up the Horse or arrange shipping of the Horse within seven (7) days of the Allotment. Transfer of ownership only occurs once all payments due are received in full by SCI World Class Sport Horses. If the Horse is not picked up within seven (7) days after Allotment, a charge will occur for the care of the Horse in the amount of 25 Euros per day (plus applicable VAT). Although reasonable care will be taken for the care of the Horse, SCI World Class Sport Horses will not be liable for damage after the Auction or Sale. If the Buyer would like to place insurance coverage on the purchased Horse and requires assistance to do so, SCI World Class Sport Horses can assist with this process for a small fee. Please ask us.
5.3 In the case of a vitrified Embryo, the Buyer is obligated to make the full payment of the Purchase Price and pick up the vitrified embryo or arrange shipping of the Embryo within seven (7) days of the Allotment. Transfer of ownership only occurs once all payments due are received in full by SCI World Class Sport Horses. The vitrified Embryo will be stored at the SCI World Class Sport Horses facility until pick up occurs. If the vitrified Embryo is not picked up within seven (7) days after Allotment, a charge will occur for the storage of the Embryo in the amount of 10 Euros per day (plus applicable VAT). If the Buyer would like to store the Embryo long-term with SCI World Class Sport Horses, then arrangements can be made (and current storage fees will be discussed at that time). The Buyer is obligated to inform SCI World Class Sport Horses of their intention to do so, in writing and a mutual agreement will be made. Although reasonable care will be taken for the storage of the Embryo, SCI World Class Sport Horses will not be liable for damage arising prior to, during or after the Auction.
5.4 The Buyer must transport the Embryo in their own container. In the event that the Buyer requires the use of an SCI World Class Sport Horses container, they will be charged 150 Euros for the use of the container and will be required to pay a reimbursable deposit in the amount of 1000 Euros. Once the container is returned to SCI World Class Sport Horses in the same condition, then 850 Euros from the deposit will be refunded.
5.5 The delivery of the purchased vitrified Embryo or Horse will be confirmed in writing by means of the Delivery Receipt, which will be signed by the Buyer and returned to SCI World Class Sport Horses.
5.6 If the Buyer for any reason whatsoever does not take delivery of the vitrified Embryo or Horse, the Buyer will be in default towards SCI World Class Sport Horses and is obliged to compensate SCI World Class Sport Horses for damages, without prejudice to SCI World Class Sport Horses other rights. In this case, the Buyer is obliged to pay all related costs, including any shipping and the storage of the Embryo or shipping and care of the Horse.
5.7 In the case of an Implanted Embryo, the Buyer has three (3) options to choose from and must declare in writing to SCI World Class Sport Horses which option they choose within three (3) calendar days of receiving the Allotment (Please note: the surrogate mares Christie Z SCI, Aerobics Z SCI and Maxima Royalty SCI are ONLY eligible for Option B) – these three (3) mares cannot do Option A) or C):
Option A) If the Buyer chooses to relocate the surrogate mare to a facility of their choice, then the following terms and conditions apply:
- The Buyer must provide a deposit of 3500 Euros for the lease of the surrogate mare. This amount plus any applicable VAT will be added to the Purchase Price and will show on the invoice.
- Once payment has been received in full (for the Purchase Price of the Implanted Embryo and the lease cost of the surrogate mare) by SCI World Class Sport Horses, the Buyer will assume all responsibility and costs for the surrogate mare and embryo, the foaling of the embryo and thereafter.
- The Buyer must declare where the surrogate mare will be relocated to, as well as indicate the name of the veterinarian that will oversee her care. If the surrogate mare is to be relocated at any time during the lease period, the Buyer is obligated to provide, in writing, the name and address of the new facility to SCI World Class Sport Horses.
- The surrogate mare must not be relocated within 60 days from the due date. This is to ensure a continued healthy and stable pregnancy.
- The surrogate mare will have insurance coverage in the amount of 8500 Euros. In the event of the death of the surrogate mare, the insurance payout will be paid to SCI World Class Sport Horses. The pro-rated (from the time of Allotment until the foal is weaned) insurance premium cost will be added to the Purchase Price and will show on the invoice to the Buyer.
- The implanted Embryo is insured until 48 hours after birth.
- If the Buyer wishes to have insurance coverage on the foal beyond the 48 hours, then it will be the Buyers responsibility to place insurance on the foal at their own expense. This insurance coverage must be pre-arranged to ensure no lapse in insurance coverage.
- SCI World Class Sport Horses can assist with arranging the insurance coverage for the foal for a small fee. Please ask us.
- The Buyer will be responsible to pay for the shipping, health papers and processing fees (and any other related expenses) to transport the surrogate mare anywhere in Europe, as well as the same expenses to transport the mare back to our SCI World Class Sport Horses facility in the Netherlands after the foal has been weaned.
- The Buyer will be responsible for all the vaccines, nutrition and general health of the mare, including but not limited to, regular farrier attendance, etc. to ensure a healthy mare and foal. SCI World Class Sport Horses will provide to the Buyer, in writing, all the necessary information to ensure that the Buyer can fulfill this clause.
- The Buyer will be responsible for the birthing of the foal, and any care, veterinary or otherwise for the foal and the surrogate mare before, during and after birthing.
- In the event that the surrogate mare is returned to SCI World Class Sport Horses in poor condition, then funds will be deducted from the deposit (including applicable veterinary fees and/or any other fees) to restore the mare to good health.
- The Buyer must provide the surrogate mare with the compulsory vaccination of Rhinopneumonia which has to occur on the 5th, 7th and 9th months of pregnancy, and must provide to SCI World Class Sport Horses written evidence that this has been done.
- When the surrogate mare has been returned to the SCI World Class Sport Horses facility, the deposit of 3500 euros (less any expenses that occur to restore the surrogate mare to good health, if needed) will be refunded to the Buyer.
Option B) If the surrogate mare stays with SCI World Class Sport Horses until the foal is weaned then the following Terms & Conditions apply:
- a monthly boarding/pension cost will be charged to the Buyer (including any veterinary bills that arise for the care of the mare and in relation to the pregnancy and the birth and thereafter, as well as farrier costs) for the surrogate mare and unborn foal, and then for the mare and the live foal after birth until weaning. The price of the boarding/pension may vary – please contact us for details.
- In the event the Buyer fails to pay the monthly boarding/pension cost, farrier cost or any other expenses related to the pregnancy, birthing and after care of the foal (ie. veterinary) within ten (10) days of receiving the invoice, a 25% interest fee will be applied to all unpaid expenses. The foal will not be released to the Buyer until all overdue expenses have been paid in full.
- The Buyer will be responsible for the shipping (and all associated costs) of the weaned foal to its end destination.
- The surrogate mare will have insurance coverage in the amount of 8500 Euros. In the event of the death of the surrogate mare, the insurance payout will be paid to SCI World Class Sport Horses. The pro-rated (from the time of Allotment until the foal is weaned) insurance premium cost will be added to the Purchase Price and will show on the invoice to the Buyer.
- The implanted Embryo is insured until 48 hours after birth.
- If the Buyer wishes to have insurance coverage on the foal beyond the 48 hours, then it will be the Buyers responsibility to place insurance on the foal at their own expense. This insurance coverage must be pre-arranged to ensure no lapse in insurance coverage.
- SCI World Class Sport Horses can assist with arranging the insurance coverage for the surrogate mare and the foal for a small fee. Please ask us.
Option C) If the Buyer would like to purchase the surrogate mare, the following Terms & Conditions will apply:
- The Buyer will pay to SCI World Class Sport Horses 8500 Euros plus applicable VAT within seven (7) calendar days of receiving the invoice.
- The Buyer will be responsible for the shipping of the surrogate mare to its end destination, along with any and all associated costs and fees for the shipping.
- Once full payment has been received by SCI World Class Sport Horses, the Buyer will assume all responsibility and costs for the surrogate mare and embryo, the foaling of the embryo and thereafter.
- The Buyer will arrange to pick up the surrogate mare within seven (7) calendar days of the Seller receiving the payment in full. The Seller will let the Buyer know in writing when the payment has been received in full.
- The surrogate mare has insurance coverage in the amount of 8500 Euros, which will end once the full payment has been received. It will be the Buyers responsibility to place insurance on the surrogate mare if they so desire, and at their own expense. This should be pre-arranged to ensure no lapse in insurance coverage.
- The implanted Embryo is insured until 48 hours after birth. The cost for this insurance coverage will be added to the Purchase Price and will show on the invoice to the Buyer.
- If the Buyer wishes to have insurance coverage on the foal beyond the 48 hours, then it will be the Buyers responsibility to place insurance on the foal at their own expense. This insurance coverage must be pre-arranged to ensure no lapse in insurance coverage.
- SCI World Class Sport Horses can assist with arranging the insurance coverage for the surrogate mare and the foal for a small fee. Please ask us.
5.8 All implanted embryos are insured up to 48 hours after birth. Additional insurance can be purchased beyond the first 48 hours at the Buyers expense and must be pre-arranged to ensure no lapse in insurance coverage. The Seller can assist with arranging insurance coverage for the foal for a small fee. Please ask us.
5.9 The foal can be weaned between five (5) and six (6) months (we recommend six (6) months for the health of the foal). The Buyer must inform the Seller in writing of their chosen time frame for weaning at least one month prior to weaning. If the foal is at the SCI World Class Sport Horses facility, the Buyer must pick up the foal within seven (7) calendar days after the foal has been weaned. SCI World Class Sport Horses can assist with arranging for the necessary health papers for a small fee. The health papers are at the Buyers expense.
5.10 In the event that the Buyer has leased the surrogate mare and has the surrogate mare at their own facility, after weaning the surrogate mare must immediately be returned by the Buyer to the Seller at an agreed upon location and at the expense of the Buyer.
5.11 Any transfer of the surrogate mare or foal will be arranged in mutual consultation between the Buyer and the Seller.
5.12 The Buyer must exercise caution when taking delivery of the surrogate mare or weaned foal, and the Seller will provide the necessary information regarding the surrogate mare or weaned foal to the Buyer. The Buyer will follow the instructions provided carefully and unconditionally. The Buyer is liable for damage caused during the pick up and delivery of the surrogate mare or weaned foal and will indemnify SCI World Class Sport Horses against claims of third parties in this respect.
- Transfer of Ownership
6.1 The ownership of the sold Embryo or Horse is transferred to the Buyer once all conditions for a legally valid transfer are fulfilled, and when the entire Purchase Price and any other amounts owed by the Buyer have been received by SCI World Class Sport Horses (or their declared affiliate on the invoice).
- Liability
7.1 SCI World Class Sport Horses and its team (including owners, employees, and representatives) are not responsible or liable for damage, direct or indirect, on any account, of whatever nature and extent, caused by or resulting from:
– information provided by them,
– default of third party (parties), including Participant(s),
– the inability, for whatever reason, to transfer the auctioned or sold Embryos or Horses,
– circumstances prior to, during and/or after the Auction and caused by or to persons, goods and/or Horses/Embryos,
– the gross negligence, willful misconduct, or fraud of any third party (including suppliers, service providers, or anyone else not under our direct control),
– the Participants/Buyers own actions or decisions, including misuse of our products/services,
– events beyond our reasonable control, such as natural disasters, cyberattacks, or government actions,
– any indirect or unexpected losses, including lost profits, missed business opportunities, reputational damage, or lost data, even if we were warned such losses might happen,
– things beyond their direct control, to the fullest extent allowed by law
7.2 Any liability of SCI World Class Sport Horses on whatever account and of whatever nature, is at all times limited to a maximum amount equal to 1000 Euros. Any claim for compensation expires two (2) days after ownership transfer.
7.3 SCI World Class Sport Horses acknowledges that to the best of their knowledge, the Embryo is free from hidden defects at the time of sale.
7.4 SCI World Class Sport Horses is not liable for the future performance of the Embryo or Horse in any way whatsoever.
7.5 In the case of an Embryo auction or sale, the seller does not guarantee successful implantation, pregnancy, or live birth unless explicitly stated in the auction or sale conditions.
7.6 Participants take part in the Auction at their own expense and risk. No insurances are taken out by SCI World Class Sport Horses on behalf of Participants and/or auctioned or to-be auctioned vitrified Embryos.
7.7 SCI World Class Sport Horses shall not be liable towards a Participant for any damage caused by the Participant itself.
7.8 SCI World Class Sport Horses shall never be liable for any defect in the Embryo. For example, SCI World Class Sport Horses shall never be liable for any lost profit, lost income, lost turnover, lost savings, or any other loss suffered by the Participant/Buyer, nor for any damage excluded elsewhere in these General Auction Terms and Conditions.
7.9 The Participant indemnifies SCI World Class Sport Horses against any claims by a third party (or parties), including but not limited to, other Participants, for any damage, irrespective of its nature and scope.
- Applicable law and disputes
8.1 The legal relationship between SCI World Class Sport Horses and the Participants in the Auction, as well as the legal relationship between SCI World Class Sport Horses and the Buyer, is governed by Dutch law, excluding the Vienna Sales Convention.
8.2 If a dispute arises during the auction regarding how it is being conducted, SCI World Class Sport Horses has the authority to make a final decision and may continue the auction as needed (including placing bids). If SCI World Class Sport Horses chooses to involve a civil-law notary or another authorized person to resolve the dispute, their decision will be final and binding for all parties.
8.3 Disputes, other than those that are subject to the judgment of SCI World Class Sport Horses or the civil-law notary, will be settled by the competent judge of the Central Netherlands Court. The handling of the case will be in the Dutch language.
8.4 In accordance with the EU Directive 2013/11/EU – ADR Directive, SCI World Class Sport Horses informs you that they are neither willing nor obliged to take part in proceedings to resolve disputes before a consumer arbitration body.
- Miscellaneous
9.1 SCI World Class Sport Horses is entitled to change these Terms and Conditions unilaterally. In case of changes, the new Terms and Conditions apply at the time of posting the updated version.
9.2 If a provision in these Terms and Conditions is or becomes null and void or invalid, the validity of the other provisions is not affected. In such a case, the provision will be replaced by a new one (if applicable), which shall correspond as closely as possible with the former invalid provision in terms of content, scope and purpose.
9.3 In the event of discrepancies between translations of these Terms and Conditions and the Dutch text of the Terms and Conditions, the English text prevails.
II CONDITIONS – BUYER
- Bidding / Buying
10.1 Each Participant who registers as a bidder and/or Buyer, receives a strictly personal username and password which enables access to the bidding system. The bidder is responsible for what takes place at an online Auction and results from use of his/her data, username and password.
10.2 Bids are placed digitally. The bidding steps are indicated per Auction. The highest bid per Embryo or Horse is indicated on the auction site of SCI World Class Sport Horses.
10.3 Every bid made is an irrevocable and unconditional offer to the Seller. Bidders are considered to bid for themselves, and they are personally bound towards SCI World Class Sport Horses for the obligations resulting from his/her bid, regardless of whether the bidder states to act on behalf of a third party.
10.4 The bidder bids at his/her own expense and risk and is bound to his/her bid until a higher bid is accepted. The bidder cannot rely on bidding errors, typing errors, other mistakes or technical problems when placing a bid in an Auction.
10.5 A bidder with the second highest bid is obligated to maintain his/her bid for 14 calendar days after the close of the Auction in case the highest bid is declared invalid or otherwise not fulfilled.
- Buyer’s Obligations
11.1 Pursuant to an Award and as a result of a Sales Agreement, the Buyer is obliged to pay the Purchase Price. Payment of the Purchase price must be made to SCI World Class Sport Horses by transferring the amount, without any discount, settlement or suspension, to the bank account number made known by SCI World Class Sport Horses, within five (5) calendar days after the date of the Allotment.
11.2 If the Buyer does not pay the Purchase Price or does not pay it on time, then the Buyer is in default and SCI World Class Sport Horses is entitled to resell the auctioned and sold Embryo or Horse immediately, without auction. The bid of the original Buyer is no longer valid. In the event of a resale, the Buyer is not entitled to any profit or additional proceeds. On the contrary, the Buyer is obliged to reimburse SCI World Class Sport Horses for any lesser proceeds.
11.3 In that case, the Buyer has no right to compensation or damages, but is obliged to pay the damage and costs suffered by SCI World Class Sport Horses, fixed at 10% of the Settlement Amount. If SCI World Class Sport Horses is forced to take collection measures against the Buyer, the Buyer is liable for the involved (extra) judicial costs with a minimum of € 1.000,- excluding any VAT. Any right of the Buyer to set off or suspend payments is excluded/invalid.
11.4 The Bidder/Buyer is liable for all damages caused by him/her or in his/her sphere of risk and indemnifies SCI World Class Sport Horses against claims from third parties in this respect, including but not limited to other Participants, regardless of the nature and extent.
III TERMS AND CONDITIONS OF THE SELLER
- Warranties
12.1 The Seller guarantees that they are the sole owners of the Embryos or Horses for sale in the Auction, and that the Embryos or Horses are free from any liens or encumbrances.
Version 03/2025

