2.4[eiseres] heeft vóór de veiling kennis genomen van de algemene voorwaarden van Washington Events. Onder “General’ zijn drie bepalingen opgenomen. In de eerste staat dat Washington Events de Equine Elite veiling organiseert, en de tweede en derde luiden:
- 2:
These conditions of auction apply primarily to the relationship between Washington events bv and the bidder/purchaser. (…)
- 3:
Participation in the auction will be seen as acceptance of the conditions of auction (…).
Onder het kopje “The auction” is onder meer bepaald:
- 4: The horses will be sold outright, without proceedings or recompense, in the state in which they were allotted.
- 7: Registered horses will be, at bidding, sold. (…)
- 8: Immediately after allotment, the bidder/purchaser shall (…) sign a written agreement of sale.
Onder het kopje “Stall vices and indefencies” is bepaald:
- 26: In the event that a bidder/purchaser detects stall vices in the horse purchased, whether crib-biting, weaving or wind-sucking, the bidder/purchaser must, within 7 days after the auction, notify Washington Events bv in writing with a description in as much detail as possible of the nature of the stall vice. In such cases Washington events bv will remove the horse to a location of their choice with the aim to having the horse examinated by a veterinary surgeon, assigned by them in order to have the stall vice, as described by the bidder/purchaser, examined. The veterinary surgeon’s conclusion of the nature of the stall vice is binding. In the event where, in the judgment of the veterinary surgeon, there is such a stall vice as described by the bidder/purchaser, the bidder/purchaser has the right to annul the sale.