Pride of Poland 2020, Summer Sale 2020
Terms and Conditions of the Auction

The Organizer of the “Pride of Poland” auction held on the August 9th, 2020 and the “Summer Sale” auction held on August 10th, 2020 at the Horse Stud in Janów  Podlaski (Wygoda 3, 21-505 Janów Podlaski) is the Polish Jockey Club with its seat in Warsaw (Puławska Street 266, 02-684 Warsaw) – hereinafter referred to as the “Organizer” or “PKWK“.

These Auction Terms (Sale Conditions or Lease Conditions) apply both to the “Pride of Poland” auction held on the August 9th, 2020 and the “Summer Sale” auction held on the August 10th, 2020 at the Horse Stud in Janów Podlaski – 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 in the bidding without any restrictions.
  1. In order to participate in the Bidding one must (fulfill jointly):
    1. register by completing the official registration form in order to receive an individual plate with the Bidder’s number;
    2. pay a bid bond in the amount of EUR 2,000.00 (say: two thousand euros) or PLN 8,500 (say: eight thousand five hundred zlotys) to the following account:

payment in EUR – Account No. (IBAN): PL 80 1130 1017 0020 1235 1420 0009 SWIFT (BIC): GOSKPLPW

payment in PLN – Account No. (IBAN):  10 1130 1017 0020 1235 1420 0008

or at the Auction Office located at the Horse Stud in Janów Podlaski between 7-9 August 2020, at least 3 (three) hours before the start of the Auction (the Organizer must physically dispose of the bid bond before the start of the Auction);

    1. provide accurate personal details and present an ID or documents confirming the legal status (in particular an extract from the relevant official register and appropriate power of attorney if necessary);
    2. express consent (by signing the relevant statement) for the Polish Jockey Club to process the personal data of the Bidder in order to participate in the Auction;
    3. make a statement to confirm the Bidder is familiar with the Auction Terms and Conditions and accept them. Acceptance of the Auction Terms and Conditions shall be, at the same time, deemed acceptance of the Sale Agreement or Lease Agreement template and the provisions of the Sale Agreement or Lease Agreement template.

ATTENTION !

Payment of the bid bond, authorizes the Bidder to purchase a maximum of 2 (two) seats during the Auction, i.e. for the Bidder and for 1 (one) accompanying person. Booking seats takes place exclusively via e-mail. Application should be made to the following e-mail address: reservation@pkwk.org with providing personal data/company data and/or represented stud.

In the event of an epidemiological threat of COVID-19 during the Auction, the Organizer reserves the right to limit the number of the Bidders in accordance with applicable sanitary and epidemiological guidelines. In the event of such a restriction, the order of applications will decide on participation in the Auction. It is recommended to pay bid bond in advance (as soon as possible) to guarantee participation in the Auction.,

  1. The Organizer shall provide an opportunity to participate in the Bidding via means of direct remote communication. To participate in the Bidding via means of direct remote communication (i.e. by phone), the Bidders must (fulfill jointly):
    1. send the registration form to participate in the telephone Bidding along with the scan of the document, which confirms the identity of the given Bidder, to the Organizer’s email address: zgloszenia@pkwk.org at least 14 days before the Auction date. The Organizer may agree to provide the form in a different way, e.g. by post or by courier;
    2. pay a bid bond in the amount of EUR 2,000.00 (say: two thousand euros) or PLN 8,500 (say: eight thousand five hundred zlotys) to the following account:

payment in EUR – Account No. (IBAN): PL 80 1130 1017 0020 1235 1420 0009 SWIFT (BIC): GOSKPLPW

payment in PLN – Account No. (IBAN): 10 1130 1017 0020 1235 1420 0008

at least 10 days before the Auction date;

    1. make a payment in the amount of EUR 100,00 (in words: one hundred) or PLN 500,00 (in words: five hundred) in order to cover the costs of international telephone calls to the following account:

payment in EUR – Account No. (IBAN): PL 80 1130 1017 0020 1235 1420 0009 SWIFT (BIC): GOSKPLPW

payment in PLN – Account No. (IBAN): 10 1130 1017 0020 1235 1420 0008

at least 14 days before the Auction date;

  1.  
    1. indicate selected horses (or a horse) in the dedicated registration form for participation in the telephone Auction, which he/she intends to bid and the telephone number at which Organizer’s employee will connect with the Bidder before the Auction of given/selected horses (or a horse). The conversation via phone will be conducted in English. The Organizer is not responsible for the inability to participate in the telephone Auction in case of any problems with getting the connection using the telephone number provided by the Bidder (in case of problems, the Organizer will make at least three attempts to connect with the Bidder, each of which shall be recorded). The Organizer reserves that said telephone conversations will be recorded and archived, to which the Bidder agrees in the abovementioned form. In the event of not agreeing to the recording, the Organizer has the right to refuse the Bidder to participate in the Auction by the phone;
    2. express consent (by signing the relevant statement) for the Polish Jockey Club to process the personal data of the Bidder in order to participate in the Auction;
    3. make a statement to confirm the Bidder is familiar with the Auction Terms and Conditions and accepts them. Acceptance of the Auction Terms and Conditions shall be, at the same time, deemed acceptance of the Sale Agreement or Lease Agreement template and the provisions of the Sale Agreement or Lease Agreement template.
  1. The bid bond payment allows one to participate in the bidding of each horse. By paying the bid bond, the Bidder accepts Auction Terms and Conditions and makes a commitment to comply with them. The Bidders are obligated to sign the Auction Terms and Conditions and the statement about their acceptance.
  1. The bid bond, in the absence of prerequisites for its retention, is treated as an integral part of the sale price or lease price for one horse only.
  1. The bid bond will be returned immediately (within 7 days) after the Auction ends, if the purchase (or lease) 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 or cash). The costs of the operation are covered by the Bidder.
  1. The bid bond payment entitles one to purchase (or lease) only one horse. Each next purchase (or lease) may require an additional guarantees for the benefit of the Organizer. Any return of the bid bond will be made on the same terms as stated in item 6 above.
  1. The Auction takes place in the public bidding system and its commencement is planned by the Organizer at 15.00 on the 9th August 2020 and at 12.00 on 10th August 2020. The Organizer reserves the right to change the start time of the Auction and will inform the auction participants about it no later than 2 (two) hours before the planned start of the Auction.

 

Bidding and sale of horses

  1. The bidding will be conducted according to the Auction Terms and Conditions, in the usual way commonly practiced at horse auctions. The bidding will be in EURO. The minimum bidding increment is to be: EUR 1000.00 (say: one thousand euros) for the Auction “Pride of Poland” and EUR 500.00 (say: five hundred euros) for the Auction “Summer Sale”, however the Organizer has a right to change the bidder’s increment during the Auction by Auctioneer, then the bid increment announced by the Auctioneer is binding for all the Bidders and may not be reduced without the express consent of the Auctioneer.
  1. It is necessary to bid using the plate provided by the Organizer during registering the Bidders in the Auction Office or by phone in accordance with the rules described in item 3 above. Offers submitted in a different way will not be deemed valid. The Organizer reserves the right to change the aforementioned scope and conduct the Auction by using auction cards (electronic system). In the event of a change, each Bidder will be instructed on how to use the auction card during registration in the Auction Office by the staff designated by the Organizer.
  1. Each horse has a minimum (reserve) price set by the owner and may be sold (leased) to the Bidder, at the price not lower than the minimum (reserve) price, unless otherwise stated (the owner’s consent to the final offered price shall be required). The minimum price is announced by the Auctioneer after the auction (i.e. after each Lot) or during the Auction when the horse is presented.
  1. The purchase price (or lease price), being the highest bid announced by the Auctioneer, is the final net price, non-negotiable, which will be increased by VAT at the applicable rate (8 per cent or 23 per cent). The amount of VAT will be reimbursed to the Bidders (customers) who:
    1. possess a European Union VAT registration number and will confirm the intra-Community delivery of the collected horses,

or

    1. will submit exportation documents, confirming exportation of the purchased horses out of territory of the European Union, under the condition, that the customs will have origin in Poland and will be completed within 3 (say: three) months from the date of making full payment for the purchased horse or horses.
  1. The sale agreement (or lease agreement) is concluded at the moment of “the fall of hammer”. The fall of hammer is equivalent to the irrevocable conclusion of a sale contract (or lease contract).
  1. The offer submitted during the Auction is no longer binding if another auction participant (Bidder) has submitted a more advantageous offer, unless the Bidder who submitted the best offer refuses to conclude the contract submitted by the Organizer shortly after winning the bid. In such a case the offer submitted by the Bidder preceding the most favorable offer is still valid. The Bidder is obligated to sign the Agreement submitted by the Organizer, under pain of losing the bid bond and further consequences referred to items 27 and 28.
  1. The Auctioneer reserves the right to refrain from accepting any bid or to make the particular bidding null and void without giving reason therefore.
  1. If any dispute arises between two or more Bidders, the horse in dispute shall be immediately put up for advance bidding starting from the highest level reached before the dispute arose or the dispute will be settled by the Auctioneer.
  1. The Organizer reserves the right to withdraw any lot or lots from the Auction before or during the bidding without giving any reason therefore, and the Organizer may allow the re-auction of the unsold horse (or unleased horse) (e.g. if minimum / reserve price has not been reached).
  1. The course of the Auction shall be supervised by notary designated to be present during the entire Auction.

 

Description and health

  1. Each horse offered for sale shall have a confirmed pedigree and is registered in the Polish Arabian Horse Stud Book. Each horse offered at the Auction shall have current vaccinations against influenza.
  1. Each horse offered at the Auction shall have undergone veterinary examination of general health – at the purchaser’s request, the veterinarian will submit a relevant certificate.
  1. Each mare being described as “in foal” shall have a breeding certificate and a veterinary surgeon statement in written form confirming pregnancy with the date of examination. The certificate along with its copy shall be made available to be seen in the Auction Office. If the Organizer does not obtain the breeding certificate of the mare before the bidding starts, the Organizer reserves the right to announce that the breeding certificate has not been presented, but the mare was bred.
  1. Each horse described in the actual state, i.e. as a “stallion” in the case of rigs or crypt-orchids (the term rig or crypt-orchid applies to male horses in which one or both testes do not descend into the scrotum from the abdomen at the usual time), is subject to return, unless indicated in the description.
  1. Each horse, which is “weaver”, “boxwalker” is subject to return, unless these vices have been marked in the description.
  1. The purchaser reserves the right to return the purchased horses due to the vices listed in paragraph 23 provided that: within 7 (say: seven) days from the date of delivery of the horse, the Organizer will receive a written motion from the purchaser with a request to inspect the purchased horse with which one of the above vices is found or to find that the horse has not been properly described in accordance with these conditions.
  1. Every horse, in which blood test results exclude the possibility of export shipping, shall be returned.

 

Buyer’s duties (or lessee)                                          

  1. The buyer (or lessee) of each horse is obligated to:
    1. provide accurate personal data and present ID or registration data confirming running a business (i.e. actual excerpt from economic register);
    2. sign the contract submitted by the Organizer right after winning the bidding or obtaining the right to purchase – the sale contract/lease contract template at the Bidder’s request will be submitted to him/her at the Auction office or send via e-mail;
    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 5 (five) days counting from the date of the sale (only domestic buyers); (ii) within 5 (five) 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.
  1. If the Buyer would fail to fulfill any of the conditions specified in item 26:
    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/lease;
    3. 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;
    4. the Organizer reserves the right to publicize the data of such a Buyer, to which the Buyer agrees.
  1. 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.
  1. 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).
  1. 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.
  1. 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.
  1. 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.
  1. Other solutions regarding the transport or the maintenance of horses after the time being stated in item 32 may be settled directly between the Buyer and the Sellers on the basis of separate agreements. 

Insurance

  1. Immediate full mortality insurance coverage is effective upon the fall of the hammer, for the total purchase price. The insurance arranged by the Organizer will remain in effect until the Buyer signs the contract or until midnight of the first business day after the sale, whichever occurs first, by which time it is the obligation of the new owner to arrange permanent insurance if desired. 

Notice for the Buyers

  1. It is highly recommended for each Buyer (or Lessee) to inspect the horses carefully before the purchase. Each horse is sold as it stands and there is no term implied in any sale that any horse is of satisfactory quality or is fit for training or any particular purpose.
  1. The examination of the horses can be made in the stable from 9.00 on the day of the Auction (each Auction), to 1 (one) hour before the start of the Auction.
  1. All the horses are being sold (or lease) under the Auction Terms and Conditions stated by the Organizer. All statements and corrections regarding the data in the catalogue announced during the Auction are in force and due to that all the Buyers (Lessees) are obliged to be present at the beginning of the bidding of a particular horse in order to learn all announcements concerning this horse.

 

Responsibility for the horses 

  1. 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.
  1. The Organizer is not responsible or liable for any horse, neither for any damages nor for any bruises, which could occur during stabling the horses at the ground.
  1. 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”.
  1. 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 

  1. 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.
  1. 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.