In addition to the guarantee concerning latent defects, the Fences Guarantee offers two additional guarantees to buyers of horses featuring in the current catalogue:
A mortality guarantee :
The Fences offers to the buyer a mortality guarantee for two months from the auction of the auction price including sales expenses. Said guarantee taken out through an insurance company under their terms, currently through Gras Savoye – Hipcover, will be presented to the buyer when the accompanying documents of the horse have been collected
A mediation insuring recovery of the unfit horse for three months :
In the event of a defect affecting a substantial quality of the purchased horse for a sporting use, the Fences Guarantee undertakes to successfully conclude a mediation between the buyer and the seller for THREE MONTHS from the auction.
The buyer may only avail of said guarantee under the following conditions:
– having paid the full amount of the auction of the horse,
– having sent to the Fences Guarantee and the seller by registered mail with acknowledgement of receipt a veterinary certificate stating the existence of defects affecting a substantial quality of the horse,
– accepting to return the horse within 15 days of receiving the complaint to the Fences Guarantee,
– accepting that the horse be the subject of possible treatments in agreement with the seller. Transport and livery expenses shall remain the responsibility of the buyer,
– it does not concern a visible defect, known to the buyer in particular through consulting the veterinary file made available to it by the Fences
Guarantee prior to auction, a defect, accident, natural weariness or an illness occurring after the sale and the use of the horse is normal.
Once treatment has been administered, and within a maximum timeframe of 60 days from the complaint being made, the horse is either fit again and returned with a fitness certificate to the buyer, or unfit and the buyer is reimbursed the amount stated on its purchasing invoice within the limit of ONE HUNDRED THOUSAND EUROS (€100,000). The guarantee is restricted to the return of the price mentioned on the purchasing invoice with the exclusion of all expenses or reparation for any other damage. Transport and livery expenses remain the buyer’s responsibility.
Should the buyer contest the horse’s fitness, parties shall agree to each appoint an expert, the experts jointly designating a third expert, and the matter shall be settled by common conclusion.
The seller may, in the event of a defect prior to the sale and unknown to the buyer concerning the substantial quality rendering the horse unfit, take back its horse at is own cost. He will receive an indemnity as agreed on the suscribe settlement.
Buyers not wishing to avail of said conventional mediation guarantee may, by withdrawing expressly therefrom, benefit from a reduction of sales expenses of 1.50% (excluding VAT).
Said conventional mediation guarantee is distinct and shall not replace those guarantees due by the seller in particular with regard to the conformity of the asset sold, stipulated in articles L 212-1 and following of the Consumption Code, to article 1603 of the Civil Code concerning the conforming delivery and to article 1648 of the Civil Code covering the guarantee concerning latent defects. Said guarantee is restrictively listed above.
Under no circumstances may the legal action concerning a seller’s guarantee be brought against Fences, said guarantee shall not replace the seller who owes its guarantees to the buyer. Any legal action with regard to the sale must be taken against the seller whose name shall be communicated by Fences to the buyer upon the first request. Under no circumstances may said action implicate Fences who may not be held liable.