These sales conditions are deemed to be known and accepted by both sellers and buyers. Ruislé Quality Trot Sale (hereinafter: “RQTS”) is not liable for malfunctions or the inability to display information on screens or access the RQTS websites due to the user’s internet provider, network problems, unsuitable equipment, or other circumstances beyond the control of RQTS.
Furthermore, RQTS is not liable for telecommunication errors or the inability to access the website https://ruislequalitytrotsale.com due to maintenance or updates.
1. General
1.1 VZW Ruislé Peirdekoers (“Auction House”), company number BE0825.536.115, organizes hybrid horse auctions, where bidding can take place both live at the event and online via the website. These auction terms (“Terms”) apply to all buyers and sellers participating in auctions organized by the Auction House.
1.2 In these Terms, “Seller” means the owner or an authorized representative offering a horse for sale. “Buyer” is the person who purchases a horse, either for themselves or on behalf of a third party.
1.3 Unless otherwise provided by applicable law, these Terms govern the relationship between the Auction House, the Buyer, and the Seller.
2. Relationship between the Parties
2.1 The Auction House acts as an intermediary in the transaction between Seller and Buyer. The contractual relationship exists exclusively between the Buyer and the Seller.
2.2 The Auction House is not responsible for information provided by the Buyer or Seller, including but not limited to personal data or information about the horse.
2.3 The handling of the transaction, including payment and delivery, is the sole responsibility of the Buyer and Seller, in accordance with these Terms.
2.4 Complaints regarding the transaction must be directed by the Buyer directly to the Seller.
2.5 Disputes arising from the sale must be resolved exclusively between the Buyer and the Seller.
2.6 The Auction House is not liable for injuries or health problems in horses during the auction, even if caused by other horses.
2.7 The Auction House disclaims all responsibility for defects in horses present at the auction location.
2.8 The Auction House is not liable for any loss resulting from the cancellation or interruption of the auction.
3. Obligations of the Seller
3.1 Horses must be entered before the deadline set by the Auction House. The Seller is obliged to report any errors or omissions in the catalog in writing to RQTS before the sale, so that these can be announced to the public from the rostrum and included in the official report.
3.2 The Auction House reserves the right to make a selection from the entered horses.
3.3 An entry fee and sales commission apply as published by the Auction House:
- Option 1: €750 entry fee + 5% commission (excl. VAT) on the sale price.
- Option 2: €1,500 entry fee without commission (excl. VAT).
3.4 Late withdrawal may incur cancellation costs. Withdrawing a horse after participation has been confirmed and made public is considered late. The cost is €2,000 (excl. VAT).
3.5 In the event of illness, the cancellation fee is waived upon presentation of a valid veterinary certificate. The entry fees remain due.
3.6 For any horse that has been accepted and included in the catalog but is not presented, the seller must pay RQTS a minimum amount of €2,000 (in addition to the entry fees), unless a veterinary certificate (presented on the day of the sale) confirms the absolute impossibility of presentation (death, accident, or serious illness). This amount is automatically due if the horse appears in another sales catalog during the same period of the year. In the event of a private sale before the auction or within a period of 30 days after the auction, this amount of €2,000 is also due.
3.7 Horses for sale must arrive no later than 14:00 (2:00 PM) on the day of the sale so that buyers can examine them. Sellers are required to provide a stable employee, paid by them and under their responsibility, for up to 4 horses offered. For each additional group of four horses, an extra employee must be provided.
3.8 The seller must be personally present or represented at the time of the sale of their horses to make all necessary decisions, particularly in the case of an improper (false) bid.
3.9 Entry fees are only refunded in the event of the horse’s death.
3.10 Late payment of entry fees may lead to exclusion from the auction.
3.11 The Seller is responsible for the accuracy of all information provided.
3.12 Title transfer documents must be submitted two weeks before the auction.
3.13 Veterinary documents must be provided both physically and digitally. These include RX images of 4x fetlocks LM, 2x carpi LM, 4x hocks LM/PLDMO, and 2x stifles LM. The Auction House organizes a veterinary and photo day; info follows upon registration.
3.14 The Auction House may refuse horses in poor health or condition.
3.15 Horses may only be transferred to the Buyer upon presentation of a valid release note, signed by both Buyer and Seller.
3.16 The Auction House checks neither the identity nor the creditworthiness of bidders.
3.17 Complaints against the Auction House must be submitted on the day of the auction to the notary or bailiff (sworn official) present.
3.18 The Auction House maintains control over the presentation of the horses.
3.19 Sellers will be paid no later than 35 days after the sale, provided that full payment has been received from the Buyer.
3.20 Sellers may buy back their horse upon payment of a buy-back fee. Unless otherwise agreed (in writing), the following conditions apply:
- Registration at €750 (excl. VAT): 5% of the sale price.
- Registration at €1,500 (excl. VAT): 0%.
3.21 The seller of an offered horse may indicate that they wish to allow a 10% commission to a recognized public trainer or agent. The 10% commission for the recognized public trainer or agent will be paid by the auction organization to the respective trainer/agent and charged to the seller. This applies provided that the recognized public trainer or agent is present on the day of the sale and their name is mentioned on the purchase form submitted to the buyer for signature immediately after the knockdown.
4. Relationship between Buyer and Seller
4.1 The Seller is solely responsible for the description of the horse.
4.2 Complaints must be directed directly to the Seller.
4.3 Complaints regarding hidden defects affecting the horse’s usability as a trotter must be submitted within 30 days. 4.4 Complaints regarding anabolic steroids must be reported within 60 days, provided a sample was taken on the auction day.
4.5 In the event of a return, transport and additional costs are at the expense of the Buyer.
4.6 In the event of unresolved disputes, the Auction House may refund payments to the Buyer.
4.7 Sellers retain ownership rights until full payment (see also Article 11).
4.8 Disputes between Buyer and Seller must be resolved mutually.
5. Condition of the Horses
5.1 Horses are sold in the condition they are in at the time of sale. The Buyer is responsible for their own inspection.
5.2 Inspection possibilities may be limited by external circumstances.
5.3 A veterinary certificate and RX images must be provided in both original and copy for horses older than 1 year and younger than 3 years. See also point 3.13.
5.4 Veterinary certificates are advisory and do not replace the Buyer’s duty of inspection.
5.5 Latest updates may be communicated via the auctioneer, board, or online.
5.6 Horses must be vaccinated against influenza (A2) and tetanus, as indicated in the passport.
5.7 Veterinary checks on-site are possible. 5.8 The Auction House is not responsible for printing or technical errors.
6. Auction Procedure
6.1 If it is established that two or more bidders have simultaneously placed an identical bid on the same horse, either verbally or by a sign, and they claim the horse at the same time after the knockdown, the horse involved will be immediately re-offered at the price of the last bid. All attendees will be allowed to bid again. The horse will then be assigned to the highest and last bidder.
6.2 The horse may not be entered in nor participate in any race as long as the full payment of the purchase price, commissions, and VAT has not been met. The horse’s stabling location, as well as any change to this location, must be reported to RQTS in advance.
6.3 In the event of default by a buyer (refusal to sign the purchase receipt, leaving the location, etc.), RQTS will offer the horse for sale again, without any price difference being recoverable from RQTS.
6.4 Auction dates and times are determined by the Auction House. 6.5 Bids are made in euros (EUR) with a fixed minimum bid. The auction proceeds according to catalog order. 6.6 Bidding increments are determined as follows:
- From €1,000 to €5,000: increments of €250
- From €5,000 to €10,000: increments of €500
- From €10,000: increments of €1,000 The auctioneer may increase or decrease bidding increments at their discretion.
6.7 Online bidders must register (free of charge). No prior registration is required for live bidding.
6.8 Winning bids are binding unless declared invalid. If invalid, the penultimate bidder is bound by their bid.
6.9 In the event of technical errors or disputes, the Auction House may re-offer the horse. The auction may be moved or canceled in case of force majeure.
6.10 Buyers pay the bid amount + 6% commission (excl. VAT).
7. Payment
7.1 Every person who bids is deemed to bid for themselves, and the buyer whose name is mentioned in the official report is personally responsible for their purchase. If the buyer declares to act on behalf of a third party, they must have a written power of attorney from this person and expressly commit themselves as a joint and several guarantor for the full amount of the purchase. The buyer mentioned in the report remains responsible for the purchase in the event of default by their principal. If the buyer does not have an explicit mandate, RQTS may consider the person acting as a silent agent as a co-debtor.
7.2 The Buyer pays the Auction House, which subsequently pays the Seller. Payment = sale price + (potential) VAT + 6% commission + VAT on commission if applicable.
7.3 Upon receipt of the invoice, the buyer has 48 hours to transfer the full invoice amount. Payment must be made via bank transfer.
7.4 In case of non-payment, RQTS will notify the buyer by registered letter with acknowledgment of receipt:
- that they have eight full days to pay for their purchase;
- that after the expiry of this period, an interest of 0.75% per month will be charged, retroactively from the first day of the sale, on the total invoice amount;
- that RQTS reserves the right to hand over the file to its lawyer for collection. All costs and fees incurred by RQTS for the collection of the debt shall be borne by the debtor and shall amount to at least 10% of the amount to be collected. 7.5 In case of non-payment, the Auction House may cancel the sale or take collection measures. The commission remains due, even in the case of non-payment.
8. Delivery
8.1 Responsibility and risk transfer to the Buyer immediately after the knockdown (see Article 10). However, delivery of the horse only takes place after payment and upon presentation of the release note (see 3.15).
8.2 Sedatives may be administered if necessary for transport.
9. Foreign Buyers (VAT Calculation)
9.1 Buyer is Belgian and subject to VAT: VAT on the full sale amount (deductible).
9.2 Buyer is subject to VAT in another EU country and delivers the horse to an EU country: VAT exemption (mandatory export certificate/intra-community supply).
9.3 Buyer is subject to VAT in another EU country and the horse remains in Belgium: VAT will be invoiced.
9.4 Buyer is not subject to VAT in Belgium nor in another EU country: VAT will be invoiced, not deductible.
9.5 Horse is exported outside the EU: VAT exemption upon presentation of customs document (DAU no. 3) and RQTS mentioned as exporter.
10. Transfer of Risk and Liability
10.1 The risk transfers from seller to buyer immediately after the knockdown (the fall of the hammer). Until that moment, the risks (accidents, illnesses, damage to or by the animal) remain at the expense of the seller.
10.2 RQTS cannot be held liable for accidents, illnesses, or any damage suffered by the animals or caused by them to third parties, both inside and outside the buildings.
10.3 Every potential buyer consults the possible medical file and has any additional veterinary examinations carried out under their own responsibility before bidding.
10.4 In the event of an accident caused to or by a horse examined by a potential buyer or their veterinarian, they are solely liable, and the seller and buyer undertake not to seek liability from RQTS.
10.5 Loading and unloading, and all similar actions, are performed at the expense and risk of the seller. Immediately after the knockdown, the buyer takes over these risks from the seller. The fact that RQTS, on behalf of the owner (seller or buyer), takes on the unloading, presentation, or loading does not imply any change to the above conditions. Buyers and sellers always remain free to perform these actions themselves under their own responsibility.
11. Retention of Title
11.1 Seller retains legal ownership of the delivered horses until full payment of the price and associated costs has been met.
11.2 Until full payment of the price and associated costs, the buyer may not dispose of the horse through sale, pledge, mortgage, loan, or any other form of alienation. Every agent undertakes to make the existence of this clause known to their principal.
11.3 Despite this retention of title clause, the buyer bears all risks (death, accident, illness) from the knockdown as determined in Article 10. From the knockdown, they also bear all maintenance costs, including care, boarding, veterinary costs, training, and transport.
11.4 In case of non-payment of the price and associated costs, the horse can be taken back without formalities, wherever it is located, including with a public or private trainer, if RQTS deems it necessary. The costs for care, boarding, training, and collection remain at the expense of the buyer. The sale itself is dissolved by operation of law, without a court decision being required.
11.5 All horses (sold or not) may no longer occupy the auction grounds after the end of the auction.
12. Applicable Law
These Terms are governed by Belgian law. All disputes belong exclusively to the jurisdiction of the Belgian courts.