Covering conditions

The following information must be provided in conjunction with orders:

• Stallion's name
• Type of insemination (delivery or insemination at the stallion owner) 
• Type of semen (fresh or frozen semen)
• Name, full address, telephone number and email address of the breeder 
• Exact shipping address, if different from the breeder's address
• Mare's details (name, UELN, copy of pedigree certificate) IMPORTANT: The semen which is supplied may only be used to inseminate the mare specified in the order!
• Details of the inseminating veterinarian/user
• Breeding association membership number so that we can register the mare's insemination (Breeder’s certificates must be sent to the stallion owner at the beginning of the breeding season)

The contract is concluded by acceptance by the stallion owner, which can be made verbally, in writing or in text form.

Due to the applicable performance test regulations (LPO) for stallions, the stallion owner expressly points out that the use of his stallions prior to the complete passing of the performance test is at the breeder's risk. If the stallion cannot be registered in the first-class stallion book, the breeding associations will only issue birth certificates.

§ 3 Shipment and Delivery

Semen can be sent every week day (at a higher price on Sundays and Bank Holidays). You can collect semen every day (including Sundays). The semen shipping costs shall be borne by the breeder and must be requested separately from the stallion owner. The health papers (Traces) required by EU animal breeding law for semen dispatch abroad are at the breeder's expense and must be requested separately from the stallion owner. In principle, semen is only shipped against advance payment. For the most popular stallions, the stallion owner reserves the right to limit the delivery of semen per heat/mare. If a stallion becomes unavailable at short notice during the breeding season for any particular reason (competition, sickness, etc.), the stallion owner will offer frozen semen, if possible, or an alternative stallion of your choice. In this case, you will only be required to pay the stud fee of the last stallion used. Shipment shall be at the risk of the breeder, unless the breeder has concluded the contract as a consumer within the meaning of § 13 German Civil Code. The breeder is obliged to check the delivery for visible damages on the day of delivery and, if necessary, to inform the stallion owner immediately in writing.

§ 4 Payment
All stated stud fees and shipping costs of the stallion owner are net prices and therefore exclusive of the VAT applicable at the place of delivery. In Germany, the VAT is currently 7 percent. The stud fee and shipping costs are due before the first insemination. The covering certificate will not be issued or forwarded to the respective breeding association until the stud fee and all other costs incurred (livery and shipping costs, etc.) have been settled. 

Deckstation Kandziora

DE89 4036 1906 0059 5809 02

GENODEM1IBB

Volksbank Münsterland Nord

§ 5 Special Conditions

If the mare (not located in Germany) does not conceive or resorbs before the 45th day of pregnancy, the stallion owner will issue a credit of the second part of the stud fee that has already been paid, the following year (except for stallions that are exclusively available in frozen semen) or refund the amount, provided that a veterinary certificate of non-pregnancy is presented to the stallion owner by 01.11. of the same year. If the certificate is not submitted in time, the issue of a credit note is not possible. In the event of a default of payment, a credit of the stud fee is excluded. The credit is bound to the breeder, the mare and the stallion used. Changes are only possible after prior agreement with the stallion owner. There is no entitlement to a refund of the stud fee. Credits can no longer be used after 5 years. All stud fee discounts, including discounts if the mare does not take, volume discounts as well as credit notes from the previous year and vouchers cannot be combined.

The stallion Veneno is excluded from every kind of special conditions. 

§ 6 Embryo Transfer

When embryo transfer is carried out, the flushing and embryo collection records of the veterinarian carrying out the transfer are required, as well as the unique identification numbers (life number or micro-chip) of the recipient mares. This information must be submitted to the stallion owner at the latest with the semen use certificate after the embryo transfer has been carried out. This submission obligation applies regardless of the success of the embryo transfer.
 

If the embryo transfer remains unsuccessful during the entire breeding season, only the stud fee of the last stallion used is due (except for stallions that are exclusively available in frozen semen).

§ 7 Limitation of Liability
The stallion owner is only liable in cases of intent and gross negligence. The exclusion of liability does not apply if personal injury is concerned which is based on a minimum of negligent breach of duty by the stallion owner or its vicarious agents or representatives. It also does not apply to other damages which are based on a grossly negligent breach of duty by the stallion owner or the vicarious agents or representatives. The stallion owner is not liable for damages caused by third parties. To cover the risk arising from animal owner and keeper liability (833, 834 German Civil Code), the owner must take out liability insurance of an appropriate and customary amount and provide evidence of this on request.

§ 8 Final Provisions
The contract language is German. Amendments to the contract must be made in text form. All rights and obligations arising from and in connection with the contractual relationship shall be governed by the standardised German law, namely the law of the BGB (German Civil Code)/HGB (German Commercial Code). The UN Convention on Contracts for the International Sale of Goods (CISG: United Nations Convention on Contracts of the International Sale of Goods of 11.04.1980) shall not apply. The place of fulfilment for all obligations arising from this contract is Spelle. The courts with jurisdiction for Spelle shall have exclusive jurisdiction for disputes arising from the contract if the breeder is a merchant, a legal entity under public law or a special fund under public law.

Spelle, January 2024