he Organizer of the “Winter Arabian Horse Auction 2023” held on the February 18th, 2023 at the Horse Stud in Michałów is Stadnina Koni Michałów sp. z o.o. (Michałów Stud limited liability company) with its seat in Michałów – hereinafter referred to as the "Organizer" or "SKM".
These Auction Terms (Sale Conditions) apply exclusively to the “Winter Arabian Horse Auction 2023” held on the February 18th, 2023 at the Horse Stud in Michałów – hereinafter referred to jointly as the "Auction".
Participation in the Auction (Bidding)
1. Both individual persons and legal (corporate buyers) as well as other organizational units with legal capacity may participate on equal terms.
2. In order to participate in the Bidding one must (fulfill jointly):
1) pay a bid bond in the amount of EUR 500.00 (say: five hundred euros) to the following account:
Account No. (IBAN): PL 20 1050 1416 1000 0023 3025 9546
SWIFT (BIC): INGBPLPW
no later than on the February 17th 2023, before the start of the Auction,
the Organizer must physically dispose of the bid bond on its bank account;
2) provide contact details and email address, for which link to the Auction
shall be sent and technical instruction of participating in Auction;
3. The bid bond payment allows one to participate in the bidding of each horse or other object. By paying the bid bond, the Bidder accepts Auction Terms and Conditions and makes a commitment to comply with them.
4. The bid bond, in the absence of prerequisites for its retention, is treated as an integral part of the sale price for one horse or one breeding only.
5. The bid bond will be returned immediately (within 7 days) after the Auction ends, if the purchase is not effective and there are no reason to detain it. The return of the bid bond shall be made in accordance with the method of its payment (via bank transfer). The costs of the operation are covered by the Bidder.
6. The Organizer of the Auction has the right to exclude from the Auction a participant who, over the last 5 years, has failed to pay and collect a horse or an object put up for any auction held in the territory of the Republic of Poland.
7. In justified cases, the Organizer reserves the right not to allow a given person to participate in the auction without giving a reason.
8. The auction takes place in via:
1) Personal participation
a) Each Participant will be assigned an individual identification number before the auction. Prior to the start of the auction at the Organizer's registration desk, the Participant taking part in the auction in person will receive a plate with this number. The Participant uses the above-mentioned plate during the auction in order to accept subsequent bids and is obliged to show it whenever the Auctioneer calls.
b) At the registration stand, the Participant confirms his/her identity with a valid document with a photo at each request of an employee of Michałów Stud making the registration.
c) Directly after the end of the auction, the Participant is obliged to return the plate referred to in section 1 above.
d) The auction participant is responsible for the consequences of using the bidding plate received from the Organizer by a third party.
e) If the Participant makes a purchase, the Organizer, at the request of the Participant, will issue a written confirmation of the concluded contracts.
2) Telephone bidding
a) Auction participants may participate in the auction by telephone (telephone bidding).
b) A participant in a telephone auction should contact the Company no later than 12 hours before the date of the auction in order to book a telephone line.
c) A person who wishes to participate in a telephone auction is obliged to indicate the numbers of the Auction Objects that he/she intends to bid on and the telephone number to be called by an employee of Michałów Stud during the auction.
d) The Company is not responsible for the inability to participate in the telephone auction due to difficulties in connecting to the number provided by the Participant.
e) Telephone bidding may be recorded, and placing an order is tantamount to agreeing to the recording of a telephone conversation. The organizer reserves the right to archive the conversations.
f) The Company provides the opportunity to participate in the telephone auction in English.
3) Real-time online system with live horse presentation.
a) The Organizer provides the possibility of bidding in real time via the Internet together with the Participants gathered in the Auction Hall.
b) The condition for participating in the auction in the manner described in section 3 above is that the Participant registers on the www.onebid.pl website.
c) The Auction Organizer is not responsible for any problems, difficulties, and in particular the inability to bid due to difficulties or technical failure on the part of the Participant or the operator of the Internet connection used by the Participant.
The beginning of the Auction is planned by the Organizer on February 18, 2023 at 1.30 pm. The Organizer reserves the right to change the start time of the Auction and inform the Auction participants about it.
4) The Organizer allows for the possibility of sending an offer for a specific Auction Object by e-mail to the address
[email protected] by 13.00.
9. The bidding will be conducted in the manner indicated in these Auction Terms and Conditions, with the system customarily adopted at horse sales auctions. The bidding will be conducted in Euro. The minimum increment amount is: EUR 1000.00 (in words: one thousand euro), however, the Organizer has the right to change the increment amount during the Auction by the Auctioneer, then the increment amount announced by the Auctioneer is binding for Auction participants and it cannot be reduced without the Auctioneer's consent.
10. Each horse and other object has a minimum (reserve) price set by the owner and may be sold to the buyer for the highest bid price, not lower than the minimum (reserve) price, unless otherwise announced (the owner's consent to the offered price). Reaching the minimum price is announced by the Auctioneer after the end of a given bidding (a given Lot) or during it during the presentation of a horse or other object.
11. The purchase price, which is the highest bid announced by the Auctioneer, is the final net price, non-negotiable and will be increased by VAT at the applicable rate (8 percent). VAT will be refunded to buyers who:
1) have a VAT registration number in the European Union and confirm the intra-Community delivery of the collected horses,
or
2) present export documents confirming the export of purchased horses outside the territory of the European Union, necessary for the sale to be treated as export, provided that the export customs procedure will begin in Poland and be closed within 2 (two) months from the date of full payment for purchased horses.
12. At the moment of nailing, a sales contract is concluded. The price being lowered by the auctioneer is tantamount to an irrevocable conclusion of the sales contract.
13. An offer submitted during the Auction ceases to be binding when another participant in the auction (bidder) has submitted a more favorable offer.
14. The Auctioneer has the right to refuse to accept any bid or cancel any bid without giving any reason.
15. In the event of any dispute between two or more bidders, an additional bidding is carried out, i.e. the bidding is carried out starting from the highest bid level reached before the dispute occurred, or such a dispute will be settled in a different way by the Auctioneer.
16. The Organizer reserves the right to withdraw one or more horses from the Auction before its commencement or during its duration without giving any reason, and also allows the possibility of re-bidding a horse for which the contract of sale was not concluded during the first auction (e.g. minimum/reserve price).
Bidding and sale of horses
17. Each horse offered for sale has a confirmed pedigree, has a passport and is registered in the Polish Stud Book of Purebred Arabian Horses. Each horse offered at the Auction has current flu vaccinations.
18. Each horse offered at the Auction has been subjected to a veterinary examination of general health - at the buyer's request, a veterinarian will submit a relevant certificate.
19. Each mare described as "in foal" has a breeding certificate and a written veterinarian's statement confirming pregnancy with the date of the examination.
20. Each male horse described inconsistently with the facts, i.e. as a "stallion" in the case of a one-sided or two-sided interior, is subject to return, unless it has been indicated in the description.
21. Each "weaving" horse, "wandering around the stall" is subject to return, unless these conditions have been indicated in the description.
22. It is reserved that the buyer has the right to return the purchased horses due to the reasons listed in section 19-20 narows, provided that: within 7 (seven) days from the date of handing over the horse, the Organizer receives a written request from the buyer with a request to inspect the purchased horse with one of the above narows or to state that the horse has not been properly described in accordance with these terms.
23. Any horse whose blood test results exclude the possibility of export shipment shall be returned.
Buyer’s duties
24. The buyer of each horse is obligated to:
1) provide accurate personal data of the purchaser;
2) signing the contract sent by the Organizer via e-mail after winning the auction (after winning), in the case of a customer participating in the Auction in person, to sign the contract immediately after winning the auction;
3) pay the total contract value, deducting the bid bond amount, by unconditional money order to seller’s bank account indicated in Sale contract (or Lease contract), shortly after winning the bid: (i) within 7 (seven) days counting from the date of the sale (only domestic buyers); (ii) within 7 (seven) days from the date of obtaining the results of veterinary tests enabling the horse to be sent abroad (only foreign buyers). The extension of the payment deadline could be done exclusively on the basis of the irrevocable, unconditional bank guarantee payable at the first request of the Seller (the Exhibitor), presented by the Buyer;
4) undertake to cover all the expenses connected with maintenance of the horses purchased after the Auction, including stabling costs as well as the export shipment including costs of veterinary tests, forwarding expenses, custom clearance, costs of shipping the blood or serum samples to the laboratories performing the test etc.;
5) pick up each horse purchased during the Auction at his own expense, on the day and at the place specified by the Seller.
6) It is unacceptable for the Buyer to behave in particular by impersonating any person or entity or falsely stating or otherwise distorting its connections with a person or entity, disrupting or stopping another Participant from participating in the Auction;
25. If the Buyer would fail to fulfill any of the conditions specified in item 24:
1) he loses the bid bond without the feasibility of its return or any negotiation;
2) he loses the right to the horse as though he would resign from the purchase;
3) the Organizer reserves the right to publicize the data of such a Buyer, to which the Buyer agrees.
26. Each horse and the offspring foaled after the Auction out of the mare described as "in foal" may be sold once again. In any case, the sale might occur right away or later on during a public auction or direct sale;
27. The title of possession concerning either the horse being purchased or the offspring being foaled after the Auction of the mares described as “in foal” would not be transferred to the Buyer unless he should pay the total amount of money being due including all the remaining expenses connected with the present conditions of the Auction Terms or other dues to the Seller and / or the Organizer.
28. Any risk connected with the horses being purchased and the offspring being foaled after the Auction is being transferred to the Buyer with “the fall of hammer” during the Auction (i.e. time of announcement of the purchase by the Auctioneer).
29. If the Buyer would refuse to pay the money due for any horse within time being stated in these Auction Terms and Conditions, either the Seller or the Organizer has the right to demand the payment from the Buyer, as well as to find and use all legal terms to obtain such payment. In addition, the Organizer reserves the right to publicize the data of such a Buyer, to which the Buyer agrees.
30. Picking up the horse being purchased from the place of the Auction would be possible only in case of immediate payment of the total contract value by confirmed money transfer.
31. Right after the Auction is finished, all the horses being sold should be shipped back to the stables of the Seller in order to be maintained there at the Buyer’s risk and the expense of the Seller (owner) up to 14 (say: fourteen) days after the Sale. Further stabling is possible at the Buyer’s expense of 12 EUR, per day.
32. Other solutions regarding the transport or the maintenance of horses after the time being stated in item 31 may be settled directly between the Buyer and the Sellers on the basis of separate agreements (in particular, this applies to mares, which the foaling date precludes collection on the required date).
Notice for the Buyers
33. All horses and other objects are sold on the terms of the Auction specified by the Organizer in these provisions. All statements and corrections regarding data in the catalog announced during the Auction remain in force and therefore all buyers are required to be present in person, through a representative or online presence at the beginning of the bidding of a given horse or other object in order to know all messages regarding this horse or object.
Responsibility for the horses
34. All persons are present at the ground of the event throughout the entire time at their own risk. The Organizes of the Auction shall not be held responsible or liable for any loss or damage, which could happen to any persons during the whole event.
35. The Organizer is not responsible for any horse entrusted for the duration of the Auction, nor for any damage caused to the horses and for any injuries they will suffer while arriving at the Auction area.
36. The owner of the horse is responsible or liable for the damage to the horse as a result of any disease, accident or any other cause, from the moment of entering the ground of the Auction and during the whole stay unless the particular horse would be sold which should result in transferring the risk concerning the horse to the Buyer with “the fall of hammer”.
37. The Organizer reserves the right to inspect a particular horse or all the horses entering and/or stabled at the ground of the event and to forbid the entrance or to decide to isolate any horse for sale due to any reason. The Organizer will not bear any responsibility in connection with the inspection, withdrawal or isolation of a given horse.
Final Provisions
38. These Terms and Conditions of Auction are governed by the applicable laws of Poland. In case of any dispute the Polish courts shall have an exclusive jurisdiction. The court with jurisdiction over all disputes related to the Auction is the court competent for the seat of the Organizer.
39. The Organizer reserves the right to introduce amendments or changes to the Auction Terms and Conditions not later than 3 (three) days before the planned date of the Auction.