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GENERAL TERMS AND CONDITIONS – BALTIC HORSE AUCTION

These General Terms and Conditions as stipulated in Part A, and the General Provisions of Parts B, C, D and E of the General Auction Conditions (hereinafter jointly also referred to as: “General Provisions”), apply to all legal relationships with Baltic Horse Sales LLC, registered and based in Riga, Latvia, company ID 40103356700 (hereafter referred to as BHS) which facilitates the auction and the auction services, including (but not limited to) all Provisions and Agreements, as further specified in these General Terms and Conditions. By participating in the auction organized by BHS, the participants declare in their transactions with one another, and the bidder declares in its transactions with BHS, that they are bound to comply with these General terms and conditions of the auction and are bound by the resulting legal consequences for a participant. Each participant shall be deemed to have taken cognizance of and accepted these General terms and conditions without reservation. Each bidder shall be deemed to have taken knowledge of and accepted these General terms and conditions of the Auction. Consequently, the following Generalterms and conditions of the Auction are automatically applicable from the moment a bid is made.

  • PART A – General Terms and Conditions for Online Auction
  • PART B – Additional Provisions for Sellers
  • PART C – Additional Provisions for Bidders/Buyers
  • PART D – Additional Provisions Horses and Foals
  • PART E – Additional Provisions Embryo and Semen
  1. DEFINITIONS  ​​

BHS

Baltic Horse Sales Limited Liability Company, registered in Riga, Latvia under company registration ID 40103356700, in case that this Company facilitates the Auction and the Auction Service;

Auction

the Online Auction for the sale of one or more Horses organized and facilitated by BHS via its dedicated website (online auctioning platform), in which BHS offers its Auction Service to the Participants;

Auction Website

the auction website on which Baltic Horse Sales LLC offers its Auction service; 

General Auction Conditions 

these General terms and conditions for online auctions organized and facilitated by BHS; 

Auction Service

the service offered by BHS in which BHS is brokering a purchase agreement between seller and buyer by facilitating an online auction;

Auction Costs 

Auction fee applicable to all lots sold via BHS online auction, being the percentage by which the Auction Amount is increased, as listed by the BHS on its list of rates for the relevant Auction, payable by the Buyer; 

Service Commission 

the commission payable by the Seller, being a percentage of the Auction Amount, as listed by BHS in its list of rates for the relevant Auction; 

Registration

the definitive registration of the Participant in the Online Auction, in the capacity of a Bidder or Seller;

Registration Fee

the registration fee payable by the Seller to BHS following a definitive Horse or Lot acceptance to the Online Auction as listed by BHS in its list of rates for the relevant Auction; 

Participant

a participant in the Auction, in the capacity of Bidder, Buyer or Seller; 

Seller

the natural person or legal entity that commissioned BHS to sell one or more horses via an auction, on behalf of and at the expense of the seller. 

Bidder

the natural person or legal entity that registers or has registered on the auction website of BHS in order to participate in the auction organised by BHS.

Buyer 

the bidder who has been awarded the purchase

Bid

the amount offered by the bidder in the auction for a lot, plus the taxes and costs (including but not limited to the auction costs). 

Auction Award

the express declaration to the bidder by BHS in the name of the seller that the lot for which the bidder placed a bid is awarded to the bidder, who becomes buyer of the lot. 

Purchase Price 

the amount owed by the Buyer for the Horse offered at Auction, consisting of the Auction Amount and Auction Costs, payable to BHS, to be increased with the applicable VAT; 

Purchase Agreement Statement 

the purchase agreement statement sent or issued by BHS (on behalf of the Seller) to the Bidder/Buyer, to be completed and signed by the Bidder/Buyer; 

Purchase Agreement 

the purchase agreement between seller and buyer that is formed as a result of the awarding of the lot to the highest bidder;

Auction Category

general classification of the Horse/-s offered via the Online Auction depending on the breeding direction and purpose of usage (showjumping, dressage, recreational, breeding etc)

Buyback 

the sale of a Horse and/or Embryo in which the Buyer is also the Seller of the Horse and/or Embryo offered at Auction; 

Service Agreement

the agreement for services between BHS and the Seller in regard to the Auction Service; 

Delivery Contract

the Contract completed and signed by the Buyer and the Seller, which shows that the Buyer has taken possession of the Horse;

Lot

a horse, a foal, an embryo, or a semen straw being auctioned on the BHS auction website;

Horse

In the following general and special terms and conditions of auction, by horse or horses is understood each adult horse, foal or embryo. The horse offered at the auction site, described as well as possible on the basis of information and images. This information is used solely to give an impression about the qualities of the horse, without pretending to be complete/correct and without giving any guarantees;

Foal

the foal offered at the auction site, described as well as possible on the basis of information and images. This information is used solely to give an impression about the qualities of the foal, without pretending to be complete/correct and without giving any guarantees.

Semen

the frozen semen (number of straws offered at the auction site, described as well as possible on the basis of information and images. This information is used solely to give an impression about the qualities of the frozen semen, without pretending to be complete/correct and without giving any guarantees.

Embryo

a (frozen) embryo or an embryo implanted in a surrogate mare; 

Surrogate mare

the surrogate mare in whose uterus the young embryo was transplanted via embryo transplant that was removed from the uterus of the donor mare. The embryo further develops in this surrogate mare and after birth is raised by this surrogate mare.

Personal Data 

the (personal) data which have to be provided to BHS in order to register as a Participant in an Online Auction and which can be traced back to a specific person; 

2. GENERAL PROVISIONS

2.1. The Online BALTIC HORSE Auction is organised by Baltic Horse Sales LLC (hereafter referred to as BHS), registered and based in Riga, Latvia (company ID 40103356700).

2.2. BHS acts solely and expressly as an intermediary between Sellers and Buyers, and offers Horses and Embryos via its website www.baltichorse.auction on behalf of and for the account of third parties.

2.3. These Terms and Conditions are announced prior to the start of the auction by including them in the auction catalogue or placing them on the Auction website. All Participants of the auction will, by participating in the Auction, agree upon these Terms and Conditions being applicable during the auction and any agreement resulting from the Auction.

2.4. By registering and participating in this online Auction, Participants – in their capacity of Bidders, Buyers and Sellers – confirm their knowledge and acceptance of the current Terms and Conditions.

2.5. These General Auction Conditions apply to all Contracts as well as all legal relationships between the BHS and Participant, including but not limited to the Auction and the Auction Service. Certain (specific) parts of these General Auction Conditions further apply to the Purchase Agreement and, therefore, to the arrangements between Buyer and Seller to the extent that the provisions apply to the rights and obligations between Bidder/Buyer and Seller. The foregoing expressly does not make the BHS a party to the Purchase Agreement. 

2.6. Upon concluding the Contract and/or using the Auction service, the Participant is deemed to have accepted the applicability of these General Auction Conditions. By participating in the Auction and/or by using the Auction Service, the Participant agrees to the applicability of the present General Auction Conditions in relation to both the BHS (as the facilitating party) as well as in relation to the Seller. 

3.     REGISTRATION FOR PARTICIPATION 

3.1. To participate in the auction organized by BHS, the Bidder must register before the start of the Auction in the manner prescribed by BHS on the auction website. All Bidders must register via the website www.baltichorse.auction/register before being able to participate in the Online Auction. Such registration shall be considered as unconditional acceptance of the current Auction Conditions. 

3.2. By participating in the Auction, the Bidder declares to be authorized to execute legal transactions, and the Bidder declares himself/herself to be competent to conclude a Purchase Agreement with respect to the relevant lot. 

3.3. BHS reserves the right to refuse or unilaterally terminate registration and participation in the Auction at any time. 

3.4. On first demand of BHS, the Bidder must furnish proper proof of identity, in the absence of which the Bidder is not allowed to participate in the Auction. The Bidder is obliged to ensure that all of the information to be provided by the Bidder to BHS upon registration has been filled in completely, correctly and truthfully, and the Bidder guarantees the correctness and completeness of the information he or she furnished. Should this information change at any time, the Bidder is obliged to notify BHS immediately of this/these change(s). 

3.5. The user name and password used by the Participant for the Auction are strictly personal and may not be transferred by the Participant to third parties. If the Participant suspects that someone else knows his/her password, the Participant must immediately notify BHS of this. The Participant is liable for and bound to all transactions that take place at the Auction and which result from the use of his/her password and/or user name, also in the case of abuse if the buyer has been careless with his/her user name and password. BHS is not liable for the damages caused to the Participant by third parties due to the Participant’s negligence to protect his/herpersonal account information (user name, password).

3.6. The Bidder/Buyer is aware and explicitly agrees that the Auction Services available via the Auction Website are limited to making it technically possible to follow the Auction via the internet and to participate in the auction as a Bidder. BHS does not accept any responsibility for the organisation and the course of the Auction via its Website (for example and without limitation: the breakdown of the website during the auction or the delay in the functioning of the website during the auction). BHS 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 to this end. In its dealings with BHS the Participant is obliged to adequately secure the computer and/or any other device which it uses to gain access to the Auction Website, and as usual to protect it against viruses or other unlawful programmes or files which may be spread via the internet. The auction website may contain links to other websites of third parties. BHS has no influence on (the information on) such websites.

4.     AUCTION EXECUTION

4.1. Via the auction organized by BHS, the Seller places a Horse, Foal, Frozen Semen or Embryo for sale. BHS acts as Auction Service. BHS organizes and facilitates the Auction merely as an intermediary and without being or becoming party to the Purchase Agreements (to be) concluded. 

4.2. The organization, preparation and implementation of the auction is determined solely by BHS. This means among other things that BHS determines the course of events prior to and during the Auction, and has the authority not to auction or to change (the composition of) one or more lots, to not recognize a bid and declare it invalid, and suspend, resume, extend or cancel the auction and/or take other measures it deems necessary.

4.3. BHS determines the dates and times when the Auction occurs.

4.4. The duration of an auction is indicated on the Auction Website. This does not prejudice the right of BHS to cancel, terminate (early), suspend or extend an Auction at any time. Thus among others, BHS can exercise its right to extend the auction in the situation that the auction is not accessible to all bidders due to technical problem(s). However, BHS is not obliged to do so.

4.5. A bidder is required to follow the instructions and directions given by or in the name of BHS in the context of an auction. A bidder accepts the extraordinary circumstances that can arise during an Internet auction and the (technical) imperfections that may exist. BHS cannot be held liable in any way for such occurrences. If a bid is made in the last 5 minutes before the closure of the auction, the auction will be extended by 5 minutes.

4.6. During the Auction, the Horses shown on the Auction Website will be presented via photo/video. BHS is not the owner of any of the Lots and has no direct or indirect interest in the selected Lots. BHS will only offer a platform for potential Buyers to buy Horses/Embryos directly from the owners of the concerned lots.

4.7. The Lots will be sold during the auction by bidding in EURO, unless otherwise stated. 

4.8. The Lots offered at Auction will be auctioned off/sold by the Seller (without further inspection), without claim or compensation, in the state in which they are at the time of the Award, without liability on the part of BHS regarding the value, condition or state/quality of the auctioned Lots.

4.9. If a Participant places a Bid, he/she expressly agrees to pay for the Lot, should the Participant become the highest Bidder. It is not possible to withdraw the Bid. The online bids are directly binding.

4.10.       All Bidders will be held to their Bids until a higher bid has been received. If the BHS awards a Bid to a Buyer, the relevant Buyer is obliged to pay the amount due as defined in Article 5. In case of doubt concerning the validity of the bid, the previous bid can be accepted again, after which bidding can resume. In the event of any disputes arising with or during the bidding process, the decision of the BHS Auction Committee shall be binding. 

4.11.       By placing a Bid online, the Bidder agrees to the resulting Purchase Agreement between Buyer and Sellershould the Bidder be awarded with the Auction Award, and agrees that all transactions shall be governed by thecurrent Terms and conditions.

5.     DESCRIPTION OF LOTS

5.1. In the description of a Lot on its Auction Website, BHS depends on the information about the lot provided by a Seller or third parties. BHS is not liable for possible printing errors and/or material mistakes in the online auction catalogue. No assurance can be given with any mention of the sex of an embryo. Special auction terms can be supplemented with a specific lot, they are considered known and accepted, when a bid is made for this particular lot.

5.2. The Horses offered in the Auction are identified by origin, sex, color and year of birth, as stated on the website www.baltichorse.auction  

5.3.  Of the adult sport horses that will be sold through the auction, a radiographic test conducted at least 12 months prior to the auction will be asked. A standard clinical (sport horses) examination will be asked in a period of 45 days prior to the auction.

5.4. The available veterinary findings can, if available (in time), be provided upon the request of potential Buyers or viewed in the online catalogue prior to the Auction, and a more detailed explanation can be provided by the Auction veterinarians or BHS Auction Committee.

5.5. BHS do not accept any liability for any damage or loss caused to the Buyer due to the health condition of the horse. BHS has carried out reasonable procedures to obtain the health data of the Horse and has made this information available to the potential Buyers. All available information regarding horse health condition is published on the Website prior to the auction. Buyer has satisfactory level of expertise to analyse the data available and Buyer takes full responsibility for the purchase decisions made.

5.6. BHS has thus tried to offer healthy sport horses at the auction, that are suitable for sport in terms of health. Despite the precautions, BHS cannot ensure that all horses to be auctioned are clinically and radiographically healthy at the time of delivery. 

5.7. The name “sport horses” is applied to Auction Category mainly in connection with suitability for sport, and it does not apply to the categories of breeding mares, pregnant mares, recreation horses and Lots sold  without inspection or with remarks on radiographic or clinical inspection or with stable vices.

5.8. BHS cannot be held liable by buyers for claims based on non-conformity of the horse to be auctioned (or any other claim based on this factual background), when it comes to the health of the horse, the performances of the horse and/or the purpose of use of the horses. If examinations or information are not available for publication, no guarantees can be derived from them. Please view the reports and any possible comments before the auction starts.

5.9. BHS has tried to compile the available information about the lots as accurately as possible. The information is aimed at giving the best possible impression of the horses, but without pretending to be complete. BHS is not responsible for the accuracy of the information on the Auction Website and in the online Auction catalog.

5.10.       By clicking the bid confirmation the Bidder confirms that he/she is aware of the information about the Lot and the availability or possible lack of information/inspections/reports at the time of the Auction. The Buyer thus buys a horse in the condition in which it is at the moment of clicking on the confirmation of the bid.

5.11.       Baltic Horse Sales LLC or Baltic Horse Auction online platform cannot be held liable for damages to persons or goods, which arise before, during or after the Auction, except for damages that result from intent or gross negligence of Baltic Horse Sales LLC and the persons in charge of the BHS.

6.     THE BID

6.1. A bid must be placed in the manner described by BHS on the Auction Website. The Auction takes place 'by bidding'. 

6.2. A Bid by the Bidder is deemed to be an offer to the Seller. The Bidder is bound to a bid; it is considered irrevocable and unconditional. Each Bidder who places a Bid shall be deemed to be Bidding for himself or herself, and is personally bound to BHS and (after awarding) to the seller for his/her obligations to BHS and the Seller. This applies even if the person placing the Bid declares to be acting on behalf of a third party.

6.3. If multiple persons declare that they are placing or have placed a Bid jointly, they are jointly and severally liable for the resulting obligations to BHS and (after awarding) to a Seller. 

6.4. BHS and the Seller are entitled to participate in the Auction and to bid in the name of third parties on the Lot(s) offered by Seller via Auction.

7.     PAYMENT OBLIGATIONS OF THE BIDDER/BUYER

7.1. The sale is made in accordance with the law of Republic of Latvia by means of acceptance of the Bid by the Seller, and after payment of the Purchase Price.

7.2. A Purchase Agreement will be concluded between Buyer and Seller as a result of the Award, without BHS being party to that Purchase Agreement. 

7.3. The Purchase Price due by the Buyer shall be calculated as follows:

Final highest bid for the lot + VAT
[The VAT% is indicated per lot]

+ Plus Auction costs fee of 10% on the final bid + VAT
[21% VAT to Baltic Horse Sales LLC]

    = Amount to be paid
[The final VAT charged depends on the VAT system of the Buyer, Seller/lot and country of export]

7.4. Once the Seller has accepted the Bid, the Buyer will immediately receive an e-mail stating the final Purchase Price including Auction Costs, and a following invoice for the final Purchase Price shall be sent to the Buyer, payable to BHS. The Buyer must thus settle the invoice and pay the Purchase Price no later than the due date indicated in the invoice.

7.5. The invoice is payable in Euros via bank transfer to BHS who, by virtue of the assignment that is part of the Auction Service, is authorized to take receipt of the Purchase Price on behalf of the Seller. Payment of the Purchase price by the Buyer should occur without discount or setoff. The Purchase price includes VAT. 

7.6. Buyer may only discharge Seller by payment to the BHS as described in Article 7.4. Buyer is not authorized to pay to anyone other than the BHS. If the Buyer pays the Purchase Price to someone other than BHS, Buyer has failed to meet its payment obligation. In that case, the transfer of ownership of the Horse and/or Embryo will not be made to Buyer.

7.7. If a Buyer fails to comply with obligation to settle the Purchase Price within due dates, BHS shall be entitled to notrecognize the Auction Award, and to declare the bidding invalidate, after which the Lot can be allocated to the second highest Bidder and/or alternatively the Lot can be made available for auction again, with the appropriate mentioning of the frivolous bid. The Buyer shall in this event be considered to be in legal default and shall be liable to compensate BHS for any damage incurred, without prejudice to any other rights that BHS may have. These damages consist out of the commission fee (10% + VAT) on the highest bid + the difference between the amount of the original bid and the ultimately realized amount +  the amount of an all-in registration fee (+ VAT). The amount of damages is directly claimable.

7.8. After receiving all full payments on BHS account, BHS will exchange the contact details of the Buyer and Seller and vice versa to arrange the transfer of the Horses, passports and invoices or private sales agreements.

7.9. No horses/passports may be transferred to the Buyer or transporter or other third parties until BHS has confirmed in writing that the full payment has been verified on BHS account (not based on screen shots or payment statements).

7.10.       The amount due by the Seller and the Seller Conditions shall be agreed upon in a Service Agreement.

7.11.       BHS is entitled to gather information on the financial situation of a specific Bidder/Buyer and Participant to the auction, and may decide to make a separate agreement with the relevant Bidder/Buyer, based on the information obtained, and/or to ask for a collateral such as a bank guarantee, a letter of credit or any other collateral.

8.     RELEASE AND TRANSFER OF OWNERSHIP

8.1. Any risks related to the purchased Lot shall be transferred to the Buyer immediately after the Auction Award has been confirmed, and any responsibility and liability, as well as all risk factors are transferred to the respective Buyer. The Buyer shall indemnify BHS and Seller from any claims brought by third parties.

8.2. The Buyer is obliged to take possession of the purchased Lot at the place and time as specified by BHS/Seller, within 10 days after the auction, on presentation of a valid proof of identity. Surrogate mare and embryos must be no later than 30 days after awarding picked up by Buyer.

8.3. Delivery of the purchased Lot takes place by means of its release. Release consists of collection/reception of the purchased Lot by the Buyer or a transport company appointed by the Buyer. All associated risks transfer to the Buyer from the moment of pick-up of the Lot by the Buyer or a transport company appointed by him/her. The pick-up takes place subject to the suspensive condition that the full purchase price, the Auction Costs and the possible other amounts owed by the Buyer have been paid. 

8.4. If the Buyer refuses the pick-up or fails to provide the information or instructions needed for the pick-up, the horses will be maintained by BHS at the risk and expense of the Buyer. In this case, the Buyer is required to pay to BHS all additional costs, including in any case stable and transport costs, in which case the horses shall only be made available for pick-up if and when the Buyer has also fully paid these costs.

8.5. Ownership of the purchased Lot passes to the Buyer at the time of release as defined in Article 8.3. of these Terms and Conditions, but not before the Buyer has settled all full purchase amounts and debts and any other amounts due to BHS resulting from non-compliance.

8.6. The costs for transport and possible associated costs such as health certificates, Traces, blood tests or quarantine are at the expense of the Buyer.  

9.     SHORTCOMINGS

9.1. If a Buyer finds that the Horse purchased does not conform to the contract description after actual delivery, the Buyer shall not be entitled to any recourse if the Seller has not been informed thereof by registered letter within three weeks after the Delivery as described in Article 9.3. of these Terms and Conditions (with a copy to Baltic Horse Sales LLC). 

9.2. The Seller warrants, unless notified of such prior to the sale, that the Horse purchased by the Buyer does not suffer from any stable vices such as sucking air, systematic weaving or cribbing for a period of 2 x 24 hours after actual delivery to the Buyer.

9.3. If a veterinarian, registered as an inspection veterinarian for horses or a horse veterinarian should state in writing that one of the stable vices listed in Article 10.2. was established in his/ her expert opinion prior to the date of actual delivery, the Buyer shall be entitled to terminate the Purchase Agreement with all resulting consequences. The Buyer will, in that case, return the Horse as quickly as possible to the Seller. Until the actual delivery of the horse, the Buyer will behave as a good guardian over the horse. Seller will accept the horse and shall within 7 days after the delivery of the horse, pay back the Auction Price, excluding the Auction Costs to the Buyer. Seller is not liable for compensation of any further damages of the Seller. 

9.4. BHS  is not liable for any damages refraining from the termination of the Purchase Agreement. The termination of the purchase agreement does not affect the mediation agreement between BHS  and the Buyer, and BHS is still entitled to receive the Auction commission fee in full amount according to Article 8.3 of these Terms and Conditions.

9.5. Lots without guarantee include the sale without guarantee of Horses without inspection or with remarks on radiographic or clinical inspection or with stable vices, which has been clearly stated in the Lot description in the online Auction catalogue, and thus no shortcomings’ claims may be derived after purchasing such Lots.

10.  LIMITATIONS OF LIABILITY AND DISPUTES

10.1. Any liability on the part of BHS is excluded. 

10.2. To the extent that this would be judged differently in law, the liability of BHS is limited to a maximum of the net invoice amount of the Auction Costs’ fees that BHS receives within the framework of the services it performed.

10.3. If it is established in law or otherwise that BHS is liable towards the Participant for damage suffered in connection with the Agreement and/or the Auction (service), or arising from a wrongful act, or on any other basis, this liability, including any payment obligation shall be limited to a total as regulated in these provisions: 

10.3.1. BHS shall not be liable towards the Participant for damage as a result of the provision of incorrect or incomplete information, regardless of the nature and/or the scope of the damage and the information involved and regardless of the origin of said information. 

10.3.2. BHS shall not be liable for damage arising prior to, during and/or after the Auction caused by or to persons and/or by or to items of property and/or by or to Horses, Foals, Embryos and Semen. 

10.3.3. BHS shall not be liable for direct or indirect damage of whatever nature and scope resulting from a failure in the performance of an obligation by a third party (or parties), including but not limited to, failure in the proper fulfillment of obligations of Buyer and/or Seller or a third party involved by Buyer and/or Seller, and/or resulting from any acts and/or omission by the Participant. 

10.3.4. BHS shall not be liable towards Participant for any damage caused by Participant itself. 

10.3.5. BHS shall never be liable for any damage suffered as a result of the transfer of a Horse, Foal, Embryo and Semen not being free and unencumbered. 

10.3.6. BHS shall never be liable for any defect in the Horse, Foal, Embryo and Semen.

10.3.7. BHS shall never be liable for any lost profit, lost income, lost turnover, lost savings, or any other loss suffered by the Participant, nor for any damage excluded elsewhere in these General Terms and Conditions.

10.4. The brokering and intervention of BHS and the sale take place in accordance with Latvian law. 

10.5. All disputes have to be declared in writing within 5 working days to the Auction Committee of BHS.

10.6. Participant is aware and agrees by participating in the Auction that BHS does not take out insurance on behalf of the Seller and/or Buyer of the Horse, Foal and/or Embryo in question. Given that the Buyer and the Seller participate in the Auction entirely at their own expense and risk, BHS advises them to take out this insurance themselves.

10.7. The Auction Committee shall - in case a dispute arises between the Seller and the Buyer in connection with the Auction - make every effort to resolve this dispute between them through mediation. Should one of the parties be of the opinion that no solution has been reached, then the court of Republic of Latvia is exclusively competent. All relationship between the Seller and the Buyer shall be governed by the law of Republic of Latvia.

10.8. Seller indemnifies the BHS against any claims by a third party (or parties) arising from any incorrect and/or incomplete information issued by or on behalf of Seller for the purpose of the Auction. 

10.9. Participant indemnifies BHS 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. 

10.10. All disputes arising out of this auction and their consequences are governed exclusively by the law of the Republic of Latvia. 

10.11. In the event of a dispute, only the text written in the Latvian language will apply.

11.  FORCE MAJEURE

11.1.       In these General Terms and Conditions, force majeure includes, in addition to the contents of the law and jurisprudence: all external causes and their consequences, whether anticipated or not, that are beyond BHScontrol, yet render BHS or a third party engaged by BHS 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 BHS. These include, but are not limited to: 

11.1.1.   strikes in the company of BHS or the company of third parties that are involved in the performance of the Contract; 

11.1.2.   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; 

11.1.3.   changes in the law and/or regulations as a result of which BHS is not (any longer) able to meet its obligations, or that make that fulfillment of the Contract cannot reasonably be expected of BHS as this would be impossibly onerous and/or disproportionately costly; 

11.1.4.   the outbreak of infectious diseases; 

11.1.5.   pandemics and/or epidemics, as well as any (government), measures taken in response;

11.1.6.   extreme weather conditions; 

11.1.7.   the circumstance that BHS 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. 

11.1.8.  BHS 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 1 month, both BHS and Participant shall be entitled to terminate the Contract in writing. 

12.  OTHER PROVISIONS

12.1. BHS retains the right to modify these Terms and Conditions of the Auction. In the case of modifications, the new Terms and Conditions of the Auction take effect at the next auction.


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