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Terms & Conditions La Grande Finale

7. In the event of double bids, both on location and online, and any disputes at the time of the Auction, DG will decide.

8. Inc. ETN that has a clone in the pedigree will be listed on the Destiny page.

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Article 4. Method of auctioning and conclusion of purchase agreement

1. The Animals are sold as Lot by auction, in the state in which they are at the time of the auction.

2. The bidding takes place on location by auction and takes place openly in a clearly visible manner, as a rule by raising a hand or finger OR by digitally entering a bid. Each Bidder is deemed to be bidding for himself and is up to him or her bid, which is deemed to be unconditional and irrevocable. Bidder bids at his own expense and risk. If one The Bidder is mandated by a joint venture of buyers or a legal entity, this must be done when registering the Bidder to be listed for the Auction to DG. Bidder is held to his or her bid until a higher bid is accepted.

3. The Lot will be allocated to the highest Bidder. From the moment of Assignment, the Purchase Agreement comes between the Buyer and Seller is established on the terms and conditions set out in the model attached as Annex 1.

4. As soon as possible - at the time or after the Auction - DG will present the Purchase Agreement with the Lots won to the Buyer. signature, which immediately, but at the latest within five (5) working days, the signed Purchase Agreement DG must return, exclusively to record the conclusion of the Purchase Agreement. Return it unsigned of the Purchase Agreement by the Buyer does not affect the conclusion of the Purchase Agreement.

5. The Purchase Agreement is concluded directly and exclusively between the Seller and the Buyer. DG invoices Buyer, but furthermore only has the role of intermediary by facilitating the Auction (both on location and online).

Article 5. Payment and Delivery

1. After Allocation of a Lot, DG will draw up an invoice and the Buyer must pay the Purchase Price, plus 10% Auction Costs and VAT, to DG to a bank account to be designated by it within seven (7) days after purchase at the auction. In default remain of the Buyer due to late payment, DG has a right of retention on the Lot.

2. After it has been received from the Buyer, DG pays the Purchase Price less the Auction amount owed by the Buyer to DG costs to the Seller.

3. If there is a transfer of a Lot to another Member State of the European Union, DG may, at the request of the Buyer, draw up an invoice on which the VAT zero rate is stated. The Buyer undertakes to meet the conditions for a legally valid intra-Community transaction and the Seller undertakes to cooperate in this. The Buyer is held to demonstrate within five (5) working days after the conclusion of the Purchase Agreement that this purchase involved a legal valid community transaction. If it turns out that application of the reported VAT zero rate is not possible after all, the Buyer is obliged to pay the VAT owed immediately to DG. The Buyer indemnifies DG against all damage resulting from the failure meet the conditions of a legally valid intra-Community transaction.

4. In case the Buyer resides in a third country (not being a member state of the European Union), a VAT zero rate will be charged.

5. Ownership of an Animal does not transfer to the Buyer until after it has fulfilled all its financial obligations under the Purchase Agreement.

6. Each Lot is delivered to the Buyer on the day of the auction or the days after the Auction and is fully for the account of the Buyer from that moment on and risk of the Buyer, even if the physical movement of the Lot only takes place in the future. Physical displacement of Destiny of the Auction location is only permitted if the full invoice amount has been paid. DG is not liable for the consequences of it failure to comply with the provisions contained in this Article.

Article 6. Default

1. If the Buyer is of the opinion that the Animal does not comply with the Purchase Agreement after the actual delivery, he must inform the Seller of this within three (3) days after it has been determined that the Animal does not comply with the Purchase Agreement, but in any case within one (1) month after the actual delivery, by means of a registered letter to be sent to the Seller. The buyer must send a copy of this letter to DG. The Buyer may withdraw after one (1) month after the actual delivery can no longer rely on the fact that the Animal does not comply with the Purchase Agreement.

Article 7. Liability

1. DG excludes, to the fullest extent permitted by law, any liability to the Buyer, the Seller and third parties and in in particular, but not limited to the following cases: a. the state of health of the Animals to be auctioned; b. when an Animal listed in the Auction Catalog is ultimately not offered for auction; and c. consequential damage, such as damage in the form of loss of profit or in any other form.

2. DG is not liable for errors in the Auction Catalogue. The Buyer is responsible for the correctness of these check data.

3. In the case of heifer calves, the Seller is liable for a period of two (2) years after the sale that the heifer calf is not twin pregnancy is of the opposite sex (detectable by blood test) or is infertile.

4. Animals that are sold are not insured. Johnes, Salmonella or Neospora disease insurance, or life insurance may be concluded at the Buyer’s expense. Seller can assist with this upon request.

The complete terms and conditions can be read at www.diamondgenetics.nl

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