Breeding station

1.1 All customers (hereinafter “breeder”) using stallions from the EU-approved studs Paul Schockemöhle (D-KBP-087-EWG), Helgstrand Germany (D-KBP-188-EWG), Helgstrand Dressage (DK 01-EQU-SCC-0002) from Denmark or any other of our partner studs, accept the following conditions for all present and future business relationships. The contract partner is Paul Schockemöhle Pferdehaltung GmbH (hereinafter “stallion owner”).

1.2 The breeding season begins on 01/01 and ends on 15/08 of each year – unless subject to a different agreement between the breeder and the stallion owner.

2.1 Semen orders can be placed by telephone (+49-5492 960- 100), fax (+49-5492 960-111), email (deckstation@schockemoehle.com) or using the semen order form on our website (www.schockemoehle.com). The order must be received by the stallion owner by 10.00 a.m. CET at the latest. Same-day processing cannot be guaranteed for orders received after this time.

2.2 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 to which the covering is to be reported (membership number and breeding certificate(s), if available, must be submitted before the first insemination)

- Whether embryo transfer is desired (available from 15/03 to 15/08)

2.3 The order placed by the breeder constitutes a contractual offer. The contract is concluded by acceptance by the stallion owner, which can be made verbally, in writing, online or in text form.

2.4 Due to the applicable performance test regulations (LPO) for stallions, the stallion owner expressly points out that their stallions stand at stud prior to the complete passing of the performance test and that the breeder bears the associated risk. If the stallion cannot be registered in the first-class stallion book, the breeding associations will only issue birth certificates.

3.1 Semen can be sent every weekday (at a higher price on Sundays and Bank Holidays).

3.2 However, the shipping of semen during weekends from stallions based in Denmark has limitations and is therefore only possible upon prior request.

3.3 You can collect semen every day (including Sundays) from the stallion owner.

3.4 The semen shipping costs shall be borne by the breeder and must be requested separately from the stallion owner.

3.5 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.

3.6 The stallion owner expressly points out that that the shipping costs for stallions who are not or only partially standing at the EU-approved stud in Mühlen (such as Extreme US etc.) may be significantly higher. For the standing locations of each stallion, please refer to our homepage at www.schockemoehle.com.

3.7 In principle, semen is only shipped against advance payment.

3.8 For the most popular stallions, the stallion owner reserves the right to limit the delivery of semen per heat/mare (1-2 doses maximum) and to give priority to using the semen for inseminating the mares at the EU-approved stud in Mühlen.

3.9 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.

3.10 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 risk is transferred to the breeder as soon as the semen has been handed over to the breeder or the veterinarian, insemination technician, or transport service provider designated by the breeder. 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.

3.11 Complaints regarding the quality of the delivered semen must be reported by the breeder in writing immediately upon receipt, but no later than the end of the second calendar day after the day of delivery. Complaints will not be accepted after this period has expired. When assessing semen quality, it is important to note that chilled semen must be warmed up properly before a quality test can be carried out.

4.1 All stud fees and shipping costs, as stated by the stallion owner, are net prices and therefore exclusive of the statutory VAT applicable at the place of delivery. In Germany, the VAT is currently 7%. For customers based outside of Germany and stallions based in Denmark, the VAT is currently 25%.

4.2 The following provisions apply exclusively to conventional artificial insemination using fresh semen or frozen semen, unless otherwise expressly provided in these Terms and Conditions, in particular in §11 (ICSI).

4.3 The stud fee consists of an insemination fee and a gestation fee, each of which is an independent component of the price.

The insemination fee is 50% of the stud fee and is due when the semen is ordered. It is due regardless of whether the mare is pregnant or not.

The gestation fee is 50% of the stud fee and is due on 01/10, provided that no veterinary certificate of non-pregnancy has been submitted by 30/09 of the same year. It remains due even if the mare is no longer pregnant after 30/09 of the same year.

4.4 The insemination fee and shipping costs are due upon ordering the semen and must be paid in any case before the first insemination. The insemination fee will not be refunded or credited in the event of non-pregnancy, unless otherwise specified in these covering conditions.

4.5 The gestation fee is due on 01/10, unless a veterinary certificate confirming non-pregnancy has been submitted by 30/09 of the same year. If the stallion owner has received a certificate of non-pregnancy by 30/09, the gestation fee is not due. Proof of non-pregnancy must be provided by the breeder without being asked to do so, in the form of a written veterinary certificate. The breeder is responsible for submitting the certificate in a timely manner. If non-pregnancy is only determined after 30/09 of the same year, the gestation fee is still due.

4.6 For mares that were inseminated for the first time after 01/07 of the respective year and do not conceive, the insemination fee will not be charged to the breeder in the following year, provided that a veterinary certificate of non-pregnancy is presented to the stallion owner by 30/09 of the same year. The issue of the credit note is governed by the provisions of § 5.

If the veterinary certificate of non-pregnancy is not submitted by the deadline of 30/09 of the same year, the issue of a credit note is not possible.

4.7 The covering certificate will only be issued and forwarded to the respective breeding association once all invoices for insemination and gestation fees have been paid in full and all other costs incurred (veterinarian, livery and shipping costs, etc.) have been settled.

4.8 If the breeder carries out an unauthorised use of the semen (e.g. insemination of unregistered mares, non-notification of successful embryo transfer, etc.), a contractual penalty of € 2,500.00 per violation will be due.

5.1 Existing credits for non-pregnancy from the goodwill arrangement applicable up to and including the 2025 breeding season (50% or 100% discount for non-pregnant mares) will be credited against the stud fee, primarily on the insemination fee.

5.2 The credit will be applied once and in full as part of a new stud fee in one breeding season. Transfer or splitting between multiple stallions or mares, transfer to other persons, or offsetting over multiple years is not possible.

5.3 Each credit for non-pregnancy is bound to the breeder, the mare and the stallion. Exceptions are only possible in justified individual cases after prior explicit written consent from the stallion owner. However, there is no entitlement to set-off the stud fee for another stallion or to a refund of the stud fee.

5.4 If the stallion owner agrees to switch to a stallion with a lower stud fee, the credit for non-pregnancy will be offset as follows:

With a credit for non-pregnancy of 50% of the original stud fee paid, the offset is limited to the insemination fee (= 50% of the stud fee). If a certificate of non-pregnancy is not provided by 30/09 of the same year, the full gestation fee must be paid in all cases.

If the credit for non-pregnancy is 100% of the original stud fee paid, the offset is limited to the stud fee of the cheaper stallion. If a non-pregnancy certificate is available by 30/09 of the same year, the insemination fee for the following year will be waived, provided that the same mare is inseminated again with the same stallion.

Any credit for non-pregnancy that is not used in the settlement expires when switching to a cheaper stallion.

5.5 The rules governing the offsetting of credits for non-pregnancy apply regardless of the success of the re-insemination.

5.6 Credits expire five years after the end of the calendar year in which they were issued and can no longer be redeemed or credited after this period has expired.

5.7 Exclusion for ICSI. The provisions of this section shall not apply to the ICSI procedure pursuant to §11.

6.1 The provisions of this §6 apply exclusively to conventional insemination and shall not apply to the ICSI procedure pursuant to §11.

6.2 All stud fee discounts, including discounts if the mare does not become pregnant, volume discounts as well as credit notes from the previous year and vouchers cannot be combined.

6.3 The stallion owner grants a discount on the stud fee according to the following scale:

From 2 to 4 mares, 10% discount.

From 5 to 9 mares, 15% discount.

From 10 to 19 mares, 20 % discount.

From 20 to 30 mares. 30 % discount.

External stallions such as All Star, Escamillo, Foundation or Totilas are excluded.

If the invoices are not paid on time, all discounts granted or agreed upon will be cancelled. In this case, the stud fees are payable in full without deduction.

7.1 The stay of the breeder's mare at the EU-approved stud of the stallion owner in Mühlen for the purpose of insemination takes place at the risk and expense of the breeder.

7.2 The daily livery charge is € 15.47 for mares, € 17.85 for mares with foals and € 23.80 for a stable with shavings (all including VAT). As soon as the mare has been successfully inseminated and the pregnancy has been confirmed by the veterinarian, the daily livery will go up to € 23.80 for mares, € 29.75 for mares with foals and € 35.70 for stables with shavings (all including VAT).

7.3 Artificial insemination and veterinary treatments (cervical swabs, gynaecological examinations etc.) will be performed by the veterinarian of the stallion owner and will be invoiced to the breeder separately. The contract veterinarians are not vicarious agents of the stallion owner.

7.4 The breeder also agrees that, if necessary, a veterinarian or farrier may be called in at their expense if the stallion owner justifiably deems it necessary. The costs will be charged separately to the breeder by the veterinarian or farrier. If the breeder does not consider the appointment of the veterinarian or farrier to be necessary, he shall be responsible for providing proof thereof.

7.5 Mares will only be inseminated after a follicle check by the veterinarians of the stallion owner at the EU-approved stud.

7.6. The breeder must provide veterinary cervical swabs that must not be older than 3 weeks for barren mares. Maiden mares and fillies are exempt from this requirement.

8.1 For the sexing of the semen before insemination, which is offered exclusively at the EU-approved stud of the stallion owner in Mühlen, a fee of € 595.00 (including VAT) is charged in addition to the stud fee.

8.2. If, contrary to expectations, the sex of the foal born is wrong, the additional fee will be refunded in full. If no foal is born, no refund will be made.

8.3 The stallion owner does not assume any guarantee, warranty or damage compensation obligations for the costs incurred (e.g. marketing loss, raising costs, etc.) of foals which, contrary to expectations, have the undesired sex.

9.1 Embryo Transfer in Mühlen

The insemination of the breeder's donor mare and the collection of the embryo take place exclusively at the EU-approved stud of the stallion owner in Mühlen. The breeder takes over the pregnant recipient mare after the 60th day of gestation. The recipient mare must be returned to the handover location (Mühlen) six months after the birth of the foal.

9.2 External Embryo Transfer

If the embryo transfer is not carried out by the stallion owner, 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.

9.3 Costs of Embryo Transfer

9.3.1 In the case of embryo transfer, the stud fee is due for each embryo per recipient mare scanned in foal after 60 days. Each pregnancy confirmed in this manner is considered a separate covering event in accordance with these covering conditions and triggers the insemination and pregnancy fee in accordance with § 4.

9.3.2 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).

9.3.3 If insemination is continued after a successful embryo transfer, this will result in a further stud fee being due, regardless of the outcome.

9.3.4 If multiple flushes are successful, the stallion owner's stud fee discount system applies (see § 6).

9.3.5 If the embryo transfer is carried out at the EU-approved stud of the stallion owner in Mühlen, the insemination of the donor mare is not charged. However, the breeder bears the costs for follicle examinations, swab samples, treatments, etc., according to the veterinarian costs, in addition to the stud fee. The embryo flush costs € 238.00 (including VAT).

9.3.6 The positive transfer per embryo into a recipient mare, after positive pregnancy control after 60 days, costs €1,190 (including VAT).

9.3.7 If the transfer is not successful or if the mare resorbs before the 60th day of gestation, the breeder will not be charged the costs of the recipient mare.

9.3.8 The rental fee for each pregnant recipient mare is € 2,082.50 (including VAT). It includes the preparation of the recipient mare, follicle controls, implantation of the embryo, medical follow-up care, pregnancy control until the 60th day of gestation, farrier costs, deworming, vaccination, etc. In addition, a deposit of €750.00 must be paid for each pregnant recipient mare, which the breeder will receive back if the recipient mare is returned in good condition and vaccinated, to the handover location (Mühlen), six months after the birth of the foal. The stallion owner reserves the right to retain part or all of the deposit if the mare is not returned in good condition (including vaccination status).

9.3.9 From the 60th day of pregnancy until the return of the recipient mare, the breeder bears the costs for further veterinary care as well as orderly care (including worming, vaccinations and the farrier), accommodation and feeding of the mare.

9.3.10 The prices stated under § 9 are gross prices including VAT at the legally applicable rate.

10.1 The stud fee for frozen semen consists of an insemination fee and a gestation fee, each of which is an independent component of the price. It will be invoiced per mare and includes up to two insemination doses (one per heat for up to two heats).

If the mare is not in foal after the two heats, the breeder has the option of switching to a stallion from whom fresh semen is available.

If the alternative stallion selected for fresh semen is cheaper in terms of insemination fee than the previously used stallion for frozen semen, the difference will not be refunded. If the insemination fee for the alternative stallion selected for fresh semen is higher than the stud fee for the frozen semen, the difference must be paid by the breeder. The gestation fee is based on the most recently selected stallion for fresh semen.

In all other respects, the provisions contained in § 4 of these covering conditions regarding stud fees and their payment shall apply to the use of frozen semen.

10.2 The purchase of individual insemination doses is not possible.

10.3 One insemination dose will be delivered per heat.

10.4 The costs for the shipping of the frozen semen and the veterinary certificate are not included in the insemination fee for frozen semen. These costs vary and will be charged separately to the breeder. The transport container remains the property of the stallion owner. The return of the transport container shall be organized by the breeder and must take place within 14 days, and the costs of shipment of the container shall be borne by the breeder. In the event of delay, non-return or loss, the breeder will be charged for the container.

10.5 The order for frozen semen must be placed in a timely manner before delivery, so that the order can be processed, the frozen semen stud fee can be invoiced and payment can be sent to the stallion owner's account in accordance with normal business procedures.

10.6 The frozen semen can only be sent if a user agreement for the frozen semen, signed by the breeder, has been returned beforehand to the stallion owner by fax or e-mail.

10.7 The frozen semen remains the property of the stallion owner. In case of non-use, the frozen semen must be sent back to the stallion owner. It must not be passed on to third parties nor be used on other mares.

10.8 If the breeder uses his own transport container, the stallion owner assumes no liability for it.

10.9 The proof of use documents included with the delivery must be completed immediately after insemination, signed by the veterinarian/insemination technician, and returned to the stallion owner; the same applies to empty straws.

10.10 The frozen semen may only be used for conventional artificial insemination or for embryo-transfer, unless otherwise agreed with the stallion owner in accordance with § 11.

11.1 Priority clause

The provisions of this §11 shall prevail over all general provisions of these Terms and Conditions, in particular §§4 to 6.

11.2 Prior approval requirement

The use of frozen semen for ICSI or other advanced reproductive techniques (in particular OPU/ICSI) requires the prior express written approval of the stallion owner.

11.3 Approved laboratories

The use of semen for ICSI is permitted exclusively in laboratories approved by the stallion owner.

Currently approved laboratories include:

· Avantea (Italy)

· Embryotools (Spain)

· Genetech (Germany / UK)

· Ovohorse (Spain)

· VetEmbryo (Denmark)

Use in any other laboratory requires prior written approval of the stallion owner.

11.4 Fee structure (ICSI fee)

For the use of a stallion within an ICSI program, a one-time insemination fee shall be charged.

No pregnancy fee shall apply.

The number of oocyte collections, embryos produced, transfers performed or pregnancies achieved shall have no effect on the fee.

The provisions relating to embryo transfer pursuant to §9 shall not apply to the ICSI procedure.

11.5 Repeat attempts

If no embryos are obtained within an ICSI cycle, a further attempt may be carried out subject to prior agreement with the stallion owner.

11.6 Exclusion of credits and discounts

The ICSI procedure constitutes an independent pricing system separate from the conventional stud fee structure.

In particular, the following shall not apply:

· §5 (credits / non-pregnancy credits)

· §6 (discounts and special conditions)

Any set-off, application or transfer of credits, discounts or other benefits is excluded.

11.7 Ownership and permitted use

All frozen semen remains the property of the stallion owner.

It may be used exclusively for the agreed ICSI project and only in approved laboratories.

Any transfer to third parties or use for other purposes is prohibited.

11.8 Reporting obligations

The breeder and/or the appointed laboratory shall, upon request, provide the stallion owner with information regarding the use of the semen.

This includes in particular:

· number of OPU/ICSI sessions

· number of embryos produced

· number of transfers performed

· pregnancy results

12.1 The stallion owner shall be liable without limitation for damages resulting from injury to life, limb, or health caused by intentional or negligent breach of duty on the part of the stallion owner, its legal representatives, or vicarious agents.

The stallion owner shall only be liable for other damages in cases of intent and gross negligence. In cases of simple negligence, the stallion owner shall only be liable for breach of an essential contractual obligation (cardinal obligation). In this case, liability is limited to the foreseeable damage typical for this type of contract.

12.2 Insofar as services of the stallion owner are provided in whole or in part by third parties, these third parties shall not act as vicarious agents of the stallion owner, but in their own name and under their own responsibility, unless expressly agreed otherwise in writing.

12.3 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.

13.1 The contract language is German.

13.2 Amendments to the contract must be made in text form.

13.3 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.

13.4 The place of fulfilment for all obligations arising from this contract is Mühlen.

13.5 The courts with jurisdiction for Mühlen (Vechta/Oldenburg) 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.