General terms and conditions
STUD TERMS & CONDITIONS
All mare owners/breeders using stallions from the EU-approved studs Gestüt W.M. (DE-KBP-124-EWG) accept the following conditions for all present and future business relationships.
The breeding season begins on 1/1/2021 and ends on 31/07/2021.
The contract partner is Gestüt W.M. GmbH.
Please place your order by telephone (+49-4262 9188700), fax (+49-4262 9188701), email (firstname.lastname@example.org) or using the semen order form on our website (www.gestuet-wm.eu) by 10 a.m. at latest! Semen orders that shall be shipped by HippoXpress must be placed until 5 p.m. the day before.
Any orders received after this time may not be processed the same day.
The following information must be provided in conjunction with semen orders:
- Stallion's name
- Name and full address of the mare's owner/breeder
- Exact shipping address, if different from the mare owner's/breeder's address
- Mare's details (name, UELN, copy of breeding)
(the semen which is supplied can 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 at the beginning of the breeding season)
- Whether embryo transfer is desired
Stallions, and particularly young stallions who are in their first covering year, will only be registered in the first-class stallion book after completing and passing their stallion performance test. Only then the full registration of the foal is possible. If the stallion cannot be registered in the first-class stallion book, the breeding associations will only issue birth certificates. The risk shall exclusively be borne by the owner of the mare.
Further information is available on the Internet website https://www.hengstleistungspruefung.de/en and can be viewed at the stud.
You can collect semen every day (including Sundays). Shipment with HippoXpress to their delivery regions is possible every day as well.
Semen can be sent every weekday. Shipment inside of Germany is also possible from Saturday to Sunday at higher prices.
The semen shipping costs shall be borne by the owner of the mare and may be requested separately.
For the most popular stallions, the stud reserves the right to limit the delivery of semen per heat/mare.
In Germany, we send fresh semen, as priority. However, if a stallion becomes unavailable at short notice during the breeding season for any particular reason (competition, sickness etc.), we will offer you 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.
Liability for transport damages is excluded. Complaints must be reported in writing on the day of the delivery.
Stud fee is due prior to the first insemination. Semen shipping costs shall be borne by the breeder and may be requested separately and may vary between different shipping companies.
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.
If the mare owner carries out an unauthorised use of the semen or unauthorized use is carried out with his consent (e.g. insemination of unregistered mares, non-notification of successful embryo transfer, etc.), a contractual penalty of € 2,500.00 will be due in all cases.
Credit balance rules
If the mare does not conceive or resorbs, we will issue a credit of half of the stud fee that has already been paid in the following year (except for stallions that are exclusively available in frozen semen). For this purpose we need veterinarian confirmation of the mare not being in foal being provided by 1st of December of the year of insemination. Without this confirmation we are not able to issue a credit note. For mares which are inseminated for the first time after 1st July and do not conceive, we will issue a credit of the entire stud fee that has already been paid in the following year (except for stallions that are exclusively available in frozen semen). Please remember that veterinary confirmation of the mare not being in foal must also be provided in this case by 1st December of the same year.
The credit balance is attached to the contracted person and mare. It is not transferable. Changes are only possible with prior agreement. There is no entitlement to a refund of the stud fee. We expressly point out that credits can only be used the year after the unsuccessful insemination.
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.
Every discount is subject to timely payment of all costs incurred in connection with the inseminations. 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!
Livery at the studs
Mares will be stabled at the risk and expense of the owner. Our daily livery charge is € 10.00 for mares and € 12.00 for mares with foals. If a shavings stable is required, we charge €15.00 per day.
Artificial insemination and veterinary treatments (cervical swabs, gynaecological examinations etc.) will be performed by the stud veterinarian and will be invoiced to the breeder separately.
The contract veterinarians are not vicarious agents of the stallion station. The owner of the mare also agrees that a veterinarian and farrier may be called in by us in his/her name and at his/her expense, if we deem this necessary and expedient.
Mares will only be inseminated after a follicle check by the stud veterinarian. Please remember that all mares must have a cervical swab in advance, except for 3-year-old maiden mares and mares with foals.
If the embryo transfer is not carried out by us, we require the flushing and embryo collection records of the veterinarian carrying out the transfer, as well as the unique identification numbers (life number or micro-chip) of the recipient mares. This information must be submitted to us 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.
In the case of embryo transfer, the stud fee is due for each embryo. If the embryo transfer remains unsuccessful during the entire breeding season, only the stud fee of the last stallion used is due. If a change of stallion takes place after a successful embryo transfer, a further stud fee is due irrespective of the success.
If several flushes are successful, we will give a discount in agreement with the owner of the mare.
Frozen semen will be invoiced per mare and includes up to two insemination doses. After this, another stud fee is due, without any deduction or entitlement to a credit due to non-pregnancy. The purchase of individual doses is not possible. One insemination dose will be delivered per heat. Before the frozen semen is sent, a user agreement for the frozen semen signed by the owner of the mare must be sent to us by fax or email. The frozen semen will only be dispatched after receipt of the signed user agreement. The used/empty straws need to be send back to us.
The frozen semen remains the property of Gestüt W.M. GmbH. In case of non-use, the semen must be sent back. The semen must not be passed on to third parties or be used on other mares.
The shipment containers, which are the property of Gestüt W.M. GmbH, must be sent back to the station immediately. Otherwise, from the fourth 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.
If the private container of the breeder is used, we assume no liability.
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 us immediately.
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 conclusion of a separate contract of use.
Place of jurisdiction
Place of performance and jurisdiction for all legal disputes arising from this contract is 27374 Visselhövede (Germany) for both contractual parties, provided that the contractual parties are merchants or legal entities of public law or if the other contractual party has its usual place of residence outside the Federal Republic of Germany. This also applies to actions in proceedings regarding bills of exchange or cheques insofar as no other explicit agreement has been made in writing. The contractual terms and the business relationship are subject entirely to the law of the Federal Republic of Germany.
Notice of defect
Companies must notify the insemination centre of obvious defects of the delivered semen immediately upon receipt of the goods; otherwise the exercising of warranty claims is excluded. The timely dispatch of the notice of defects or notification shall suffice to comply with the deadline. Section 377 of the German Commercial Code applies to merchants.
Retention of title
Gestüt W.M. GmbH retains ownership of the goods until full payment of the purchase price including stud fee and all other costs incurred (veterinary, livery and shipping costs, etc.). If the customer resells the semen before full payment has been made, he hereby assigns all claims from this resale to us. If the semen is sold together with other items at a total purchase price, the part of the total claim that corresponds to our outstanding claims has to be assigned to us. The buyer commits to not encumber the goods with third party rights or to transfer them to another person by way of security transfer before all obligations towards us have been fully fulfilled.
Limitation of liability
The stallion station Gestüt W.M. GmbH 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 Gestüt W.M. GmbH. It also does not apply to other damages which are based on a grossly negligent breach of duty by Gestüt W.M. GmbH.
Special agreements are only valid between Paul Schockemöhle Pferdehaltung GmbH and the customer if they are agreed in writing.
No guarantee is given for the correctness of the information on the website and in the catalog (especially stud fee, size of stallion, etc.).