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Menü Covering conditions

Paul Schockemöhle

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Stud Terms & Conditions

§ 1 SCOPE

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 – any deviations are subject to agreements between the breeder and the stallion owner.

§ 2 SEMEN ORDERS

2.1 Semen orders can be placed by telephone (+49-5492 960- 100), fax (+49-5492 960- 111), email (order@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. Any orders received after this time may not be processed the same day.

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 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)

- Whether embryo transfer is desired (available from 15/03 to 15/08; one embryo possible per year)

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

2.4 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/DELIVERY

3.1 Semen can be sent every week day (at a higher price on Sundays and bank holidays).

3.2 You can collect semen every day (including Sundays).

3.3 The shipment of semen during weekends from stallions based in Denmark has limitations and is therefore only possible upon prior request.

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 Fürst Jazz etc.) may be significantly higher. For the respective 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 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 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

4.1 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. For customers outside Germany and stallions based in Denmark, the VAT is currently 25%.

4.2 The stud fee and shipping costs are due before the first insemination.

4.3 The covering certificate will not be issued or forwarded to the respective breeding association until the stud fee and all other costs incurred (veterinary, livery and shipping costs, etc.) have been settled.

4.4 If the breeder carries out an unauthorised use of the semen (e.g. insemination of unregistered mares, non-notification of successful embryo transfer, etc.), there will be, in addition to the outstanding items, a fine of € 2,500.00 without exception.

 

§ 5 SPECIAL CONDITIONS

5.1 If the mare does not conceive or resorbs, the stallion owner will issue a credit of half of the stud fee that has already been paid, the following year (except for stallions that are exclusively available in frozen semen), provided that a veterinary certificate of non-pregnancy is presented to the stallion owner by 01.12. of the same year. If the certificate is not submitted in time, the issue of a credit note is not possible.

Mares that were inseminated for the first time after 01.07. of the respective year and do not conceive, receive full exemption from stud fees in the following year, provided that a veterinary certificate of non-pregnancy is presented to the stallion owner by 01.12. of the same year. If the certificate is not submitted in time, the issue of a credit note is not possible.

5.3 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.

5.4 Credits can no longer be used after 5 years.

5.5 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.

5.6 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.

Stallions such as All Star, Danciano, Foundation or Vivaldi are excluded.

5.7 If the invoices are not paid on time, any discounts that may have been agreed shall lapse. The stud fees are then to be paid in full!

 

§ 6 LIVERY AT THE STUD IN MÜHLEN

6.1 The stay of the breeder's mare at the EU-approved stud of the stallion owner in Mühlen for the purpose of insemination is only possible with proof of complete vaccination protection (incl. herpes) - and takes place at the risk and expense of the breeder.

6.2 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. The daily livery charge is € 10.00 for mares, € 12.00 for mares with foals and € 15.00 for a stable with shavings. 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 €20.00 for mares, €25.00 for mares with foals and €30.00 for stables with shavings.

The prices stated are net prices, plus VAT at the legally applicable rate.

6.3 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.

6.4 The breeder also agrees that, if necessary, a veterinarian or farrier may be called in at his 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 veterinary or farrier to be expedient, he shall be responsible for providing proof thereof.

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

6.6. The breeder must provide veterinary cervical swabs that must not be older than 3 weeks for barren mares. Maiden mares and fillies are exempted.

 

§ 7 SEXING THE SEMEN BEFORE INSEMINATION

7.1 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 € 500.00 is charged in addition to the stud fee.

7.2. If, contrary to expectations, the sex of the foal born is wrong, the additional fee will be refunded in full.

7.3 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.

 

§ 8 EMBRYO TRANSFER

8.1. 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.

8.2 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.

8.3 Costs of Embryo Transfer

8.3. 1 In the case of embryo transfer, the stud fee is due for each embryo per recipient mare scanned in foal after 60 days.

8.3.2 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).

8.3.3 If the insemination is continued after a successful embryo transfer, another stud fee is due regardless of the success.

8.3.4 If multiple flushes are successful, the stallion owner's stud fee discount system applies (see § 5.6).

8.3.5 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 €200.00.

8.3.6 The positive transfer per embryo into a recipient mare (incl. immediate direct journey to Lewitz after the flush), after positive pregnancy control after 60 days, costs €1,000.

8.3.7 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.

8.3.8 The rental fee for each pregnant recipient mare is €1,250.00. It includes the preparation of the recipient mare, follicle controls, medicinal 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).

8.3.9 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 proper care (including worming, vaccinations and the farrier) and accommodation of the mare.

8.3.10 The prices stated in 8.3 are net prices plus VAT at the legally applicable rate.

 

§ 9 FROZEN SEMEN

9.1 The stud fee for frozen semen will be invoiced per mare and includes up to two insemination doses. After this, another full stud fee for frozen semen is due, without any deduction or entitlement to a credit due to non-pregnancy.

9.2 The purchase of individual doses is not possible.

9.3 One insemination dose will be delivered per heat.

9.4 The costs for the shipping of the frozen semen and the veterinary certificate are not included in the frozen semen insemination fee. These costs will be charged separately to the breeder. The return transport is also borne and organised by the customer.

9.5 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.

9.6 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.

9.7 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 or be used on other mares.

9.8 The delivered containers, which are the property of the stallion owner, must be sent back to the EU-approved stud of the stallion owner in Mühlen within seven calendar days after receipt. Otherwise, from the eighth calendar day, a fee of €25.00 per day will be invoiced. The non-return or loss of the container will be charged at the full rate to the breeder.

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

9.10 The proof of use documents included with the delivery, filled in and signed by the veterinarian/insemination technician, as well as the empty straws, must be sent back to the EU-approved stud of the stallion owner in Mühlen immediately after insemination.

9.11 The frozen semen may only be used for conventional artificial insemination or for embryo-transfer. The use of the semen for ICSI or other advanced breeding techniques is only permitted after prior agreement and written confirmation by the stallion owner.

 

§ 10 LIMITATION OF LIABILITY

10.0 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.

10.2 The stallion owner is not liable for damages caused by third parties.

10.3 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.

 

§ 11 FINAL PROVISIONS

11.1 The contract language is German.
11.2 Amendments to the contract must be made in text form.

11.3 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.
11.4 The place of fulfilment for all obligations arising from this contract is Mühlen.
11.5 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.

 

Mühlen, January 2022


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