Terms

General
1	a.	These general terms and conditions of sale apply to all sales and sales intermediary agreements entered into by Peter Robben, conducting trade under the name "Horse Care International", doing business in Heijen, Kamperweg 5, hereinafter to be referred to as "H.C.I.", with a third party, hereinafter to be referred to as "buyer".
	b.	If parties wish to deviate from these terms and conditions, this should explicitly be done in writing.
	c.	All offers made by H.C.I. are free of engagement.
	d.	Unless H.C.I. has explicitly stated to the buyer that he will act only as intermediary and also mentions to the buyer the name of the owner of the horse(s), H.C.I. is considered to act on its own account and at its own risk.
Agreement
2	a.	The agreement will be established as soon as the acceptance of the offer is received by H.C.I.
	b.	Unless a price in another currency has been explicitly agreed between parties, the price will be in Euro currency.
	c.	The agreed price will be including VAT.
	d.	The purchase price is to be paid in cash at delivery. If payment takes place by bank, H.C.I. will only be obliged to deliver at the moment that the agreed purchase price will be credited to the bank account given by H.C.I.
Transfer of ownership and risk
3	a.	The ownership of the horse(s) will be transferred to the buyer at the time from the moment on which the purchase/sales agreement is established.
	b.	From the moment on which the purchase/sales agreement is established, the buyer will be fully responsible for the horse(s) he bought.
	c.	If the buyer agrees with H.C.I. that H.C.I. will take care of the transport, whether or not for a fee, the buyer will also be fully responsible during the transport.
	d.	As long as the buyer has not paid the full amount of the purchase price with the possible extra costs or given security for this, H.C.I. explicitly reserves the ownership of what was sold. In that case, the ownership will only be transferred to the buyer as soon as the buyer has fulfilled all his obligations towards H.C.I.
Liability
4	a.	H.C.I. just accepts liability for the damage suffered by the buyer that results from an accountable failure to comply with the agreement or from a wrongful act, if and to the extent that this liability is covered by the insurance up to the amount of the payment made by the insurance.
	b.	In the case that the insurer of H.C.I. does not pay for whatever reason or the damage is not covered by the insurance taken out by H.C.I., the liability of H.C.I. will be limited to an amount equal to 20 % of the purchase amount with a maximum of € 2.200.- (in words: two thousand euro).
	c.	In contravention to the above, H.C.I. does not accept any liability with respect to afterwards detected ailments of a horse that was at the time of purchase by order of the buyer declared fit by a veterinarian appointed by the buyer. d. H.C.I. is not liable if the ailment is caused by force majeure.
Force majeure
5		In the sense of this article, force majeure means circumstances that preclude compliance with the agreement and that cannot be imputed to H.C.I..
Examination
5	a.	The buyer has the right to have the horse(s) examined both clinically and with X-rays by a veterinarian of his choice and at his expenses.
	b.	If a buyer wishes to have an examination as mentioned under 5a. take place, H.C.I. can take care of the transport of the horse(s) to the examination clinic. The transport costs will be at the buyer's expense, irrespective of the result of the examination.
	c.	H.C.I. has the right to have a horse that was declared unfit by a veterinarian appointed by the buyer re-examined by the University Veterinarian Clinic in Utrecht within fourteen days after H.C.I. was informed about this. If the horse is declared fit by the clinic mentioned, the buyer is obliged to buy the horse and to pay to H.C.I. the purchase amount increased by possible costs.
	d.	If H.C.I. wishes to have carried out an examination as mentioned under 5c, the costs will be paid by H.C.I. in the case that the horse is declared unfit and by the buyer if the horse is declared fit.
Claim
6	a.	Within a month after which the buyer could reasonably have detected an ailment, H.C.I is to be informed in writing on this, enclosing a copy of the report of the expert called in by the buyer.
	b.	After expiration of the term mentioned under 6a, all liabilities of H.C.I. hence lapse.
	c.	If the buyer decides not to have the horse(s) examined at the time of purchasing or has only a limited examination take place for reasons of his own, the buyer is from that moment considered to be able to know about a possibly afterwards detected ailment.
Payment
7	a.	If the buyer does not fulfil his obligations with respect to payment towards H.C.I. and does not respond after serving notice with a one week term as well, H.C.I. is authorized to consider the purchase agreement as being annulled without judicial intervention. In this case the buyer is responsible for the losses suffered by H.C.I., being among other things loss of profit, transport costs and costs of serving notice.
	b.	If H.C.I. takes extrajudicial measures if the buyer does not fulfil his obligations, the costs, based on the rates of the Dutch Bar, will come at the expenses of the buyer.
Applicable law
8	a.	This agreement falls under Dutch Law.