The following terms and conditions of business apply to making use of our above-mentioned stallions for the purpose of covering/inseminating mares:
1. Services and prices
1.1. It is our task to supply sperm of our stallions through
covering/inseminating the mares at the stud fees specified in this catalogue for the respective stallion.
1.2. The stud fees shall be due at the time that the mare
is first covered/inseminated, or – in the event of the sperm being shipped – concurrently with the shipping of the fresh sperm. Frozen sperm will only be shipped in return for advance payment. „Belissimo M“ shall only be required to cover/inseminate mares twice each time they come on heat.
1.3. Payment of the stud fees shall entitle the customer to
make use of the respective stallion during the breeding season from 1 January until 1 August, 2010.
1.4. The time of covering/insemination and the subsequent
attempt shall be determined by the breeding
station in consultation with the contractual veterinary
surgeon or the breeder. In the event of a mare repeatedly failing to become
pregnant, the breeding station may, at the option of the
mare owner, supply sperm from a different stallion at the station.
1.5. If the mares remain at the breeding station for the
purpose of being covered and inseminated, they will be accommodated in boxes and on pastures. For this purpose, the stud fees will be increased by a daily rate of € 9.00 for open mares and € 11.00 for mares with a foal. In the event of a mare becoming ill, or for the purpose of gynaecological examination/treatment, the breeding station shall be authorised to instruct a contractual veterinary surgeon in the name of and at the expense of the mare owner.
1.6. In the event of the sperm being shipped, the breeding
fees shall be increased by the shipping and handling charges. The owner of the mare shall be obliged to return the shipping container to the breeding station carriage paid without delay.
1.7. All prices are understood to be inclusive of VAT.
2. Breeding certificate
2.1. At the end of the breeding season a breeding
certificate will be issued concerning the covering/insemination which has occurred at the breeding station. The breeding certificate will only be handed over to the breeder once the breeding fees, along with any accommodation costs and shipping and handling charges, have been paid in full.
2.2. The breeder shall be obliged to exhibit the original
breeding certificate or hand over a copy of the pedigree certificate for the purpose of having a breeding certificate issued at the time of initial covering/insemination.
3. Breeding hygiene
3.1. For all mares which are covered/inseminated at the
breeding station the mare owner shall be obliged to exhibit a report from a veterinary surgeon concerning a swab sample which has been taken no more than four weeks previously.
3.2. In the event of suspecting any gynaecological problems
or any other illnesses, the breeding station may refuse to cover/inseminate the mare.
3.3. In regard to every case of covering/insemination,
in so far as is expedient to maintain the mare in good health and supply sperm through covering/insemination the breeding station shall be authorised to have the mare examined and treated by a contractual veterinary surgeon in the name of and at the expense of its owner.
4. Liability
4.1. Every mare owner shall be obliged to maintain livestock
owners‘ liability insurance, which also covers the risk of any livestock custodian liability on the part of the breeding station.
4.2. The breeding station shall not be liable for any losses,
also not in regard to the mares or their foals introduced or engaged for the purpose of covering/insemination. This shall not apply in so far as the damage is based on wilful or grossly negligent breach of duty or alternatively at least negligent injury to life, the body or the health by the breeding station or its legal representatives or assistants.
4.3. The disclaimers shall not apply in so far as compensation
for damage is to be paid based on an insurance contract concluded by the breeding station.
5. Frozen sperm
A claim to the supply of frozen sperm shall only exist to the extent that the latter is available for the respective stallion.
6. Failed pregnancy
In the event of repeated failed pregnancy, the breeding station shall be entitled to refuse to supply sperm by mail order and provide it by means of covering/insemination at the station.
7. Place of fulfilment/place of jurisdiction
In so far as the owner of the mare is a trader, the place of fulfilment and place of performance for all services arising from the agreement concerning the supply of sperm, including any ancillary services, shall be the Head Office of the breeding station. The same applies to the place of jurisdiction. The shipping of sperm, as well as mares to be inseminated, is to be notified by 9:30 a.m.!
Phone +49 2527/94 78 55
Mobil +49 171/7 74 76 46
Fax +49 2527/91 95 33
Germany, Lippetal-Lippborg, January 2010
Michael Schmidt