1.1 All customers (herein after Breeder) using stallions from the EU approved studs Paul Schockemohle Germany 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 Schockemohle Pferdehaltung GmbH (herein after stallion owner)
1.2 The breeding season begins on 01/01 and ends on 15/08 each year – unless subject to deviating agreements between the breeder and the stallion owner.
2.1 Semen orders can be placed by telephone (+49 5462 960 100), email (order@schockemoehle.com). The order must be received by 10am CET at the latest. Same day processing cannot be guaranteed for orders given after this time.
2.2 The following information must be provided
Stallion name
Type of insemination
Name of semen (fresh or frozen)
Name, full address, telephone number and email address of the breeder
Mare 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 covering certificates 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 or in text form.
2.4 Due to the applicable performance test regulations 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 week day (at a higher price on Sundays and Bank Holidays).
3.2 However the shipment 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 the shipping costs for stallions who are not or only partially standing at the EU approved stud in Muhlen 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 insemination the mares at the EU approved stud in Muhlen.
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 S 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.
4.1 All stated stud fees, shipping costs and prices of the stallion owner are net prices and therefore exclusive of the applicable statutory VAT. In Germany the VAT is currently 7%. For breeders from EU member states the VAT rate may vary. For deliveries the VAT rate applicable at the place of delivery applies.
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, shipping costs etc) have been settled.
4.4 If the breeder carries out and unauthorized use of the semen (e.g. insemination of unregistered mares, non notification of successful embryo transfer etc) a contractual penalty of €2,500 in addition to the outstanding items will be charged.
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 season) as a gesture of goodwill, 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. In the event of a default of payment, a credit of the stud fee is excluded.
5.2 For mares that were inseminated for the first time after 01/07 of the respective year and do not conceive, the breeder received 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 explicit consent of the stallion owner. There is no entitlement to set off the stud free for another stallion or do 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
External stallions such as All Star, Danciano, Escamillo, Foundation and Totilas are excluded.
5.7 If the invoices are not paid on time, only discounts that may have been agreed shall lapse. The stud fees are then to be paid in full.
6.1 For the sexing of the semen before insemination, which is offered exclusively at the EU approved stud of the stallion owner in Muhlen, a fee of €500 plus VAT 7% is charged in addition to the stud fee.
6.2 If, contrary to expectations, the sex of the foal is born wrong, the additional fee will be refunded in full. If no foal is born, no refund will be made.
6.3 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 foal which contrary to expectations, have the undesired sex
7.1 Embryo Transfer in Muhlen:
The insemination of the breeders donor mare and the collection of the embryo take place exclusively at the EU approved stud of the stallion owner in Muhlen. The breeder takes over the pregnant recipient mare after the 60th day of gestation. The recipient mare must be returned to the handover location (Muhlen) six months after the birth of the foal.
7.2 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 of the recipient mares. This information must be submitted to the stallion owner and 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.
7.3.1 In the case of embryo transfer, the stud fee is due for each embryo per recipient mare scanned in foal after 60 days
7.3.2 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).
7.3.3 If the insemination is continued after a successful embryo transfer, another stud fee is due regardless of the success.
7.3.4 If multiple flushes are successful, the stallion owner’s stud fee discount system applies
7.3.5 If the embryo transfer is carried out at the EU approved stud of the stallion owner in Muhlen, the insemination of the donor mare is not charged. However the breeder bears the costs for follicle examinations, swabs samples, treatments etc, according to the veterinarian costs in addition to the stud fee. The embryo flush costs €200 (plus VAT)
7.3.6 The positive transfer per embryo into a recipient mare, after positive pregnancy control after 60 days, costs €1,000 (plus VAT)
7.3.7 If the transfer is not successful or if the mare resorbs before the 60th day of the gestation, the breeder will not be charged the costs of the recipient mare.
7.3.8 The rental fee for each pregnant recipient mare is €1,750 (plus VAT). It includes the preparation fo the recipient mare, follicle controls, implantation of the embryo, medical follow up care, pregnancy control until the 60th day of the gestation, farrier costs, deworming, vaccination etc. In addition a deposit of €750 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 (Muhlen), six months after the birth of the foal. The stallion owner reserves the right to retain part of all the deposit if the mare is not returned in good condition.
7.3.9 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.
7.3.10 The prices stated in clause 7.3 are net prices and VAT will be added.
8.1 The stud fee for frozen semen will be invoiced per mare and includes up to two insemination doses. 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 for fresh semen is cheaper in terms of stud fee than the previously used stallion, the difference will not be refunded. If the stud fee for the alternative stallion is higher, the difference must be paid by the breeder.
8.2 The purchase of individual doses is not possible
8.3 One insemination dose will be delivered per heat.
8.4 The costs for the shipping of the frozen semen and the veterinary certificate are not included in the frozen semen insemination fee. These costs are invoices separately to the breeder. The return shipment of the transport container is also borne and organized by the breeder. In the event of delay in returning the container, non return or loss the breeder will be charged the full amount of €1,500 for the container.
8.5 The order for frozen semen must be placed in a timely manner.
8.6 The frozen semen can only be sent if a user agreement for the frozen semen signed by the breeder has been returned before hand to the stallion owner by email or fax.
8.7 The frozen semen remains the property of the stallion owner. In the case of non use the frozen semen must be sent back to the stallion owner. It cannot be passed onto third parties or be used by other mares.
8.8 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 Muhlen within seven calendar days after receipt.
8.9 If the breeder uses his own transport container the stallion owner assumes no liability for it.
8.10 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 Muhlen immediately after insemination.
8.11 The frozen semen may only be used for conventional artificial insemination or for embryo transfer, unless otherwise agreed with the stallion owner.
9.1 The use of frozen semen for ICSI or other advanced breeding techniques is only permitted after prior agreement with the stallion owner.
9.2 For ICSI procedures, frozen semen from the stallions offered by the stallion owner is stored in the following ICSI laboratories:
Genntech, Germany
VetEmbryo, Denmark
Embryotools, Spain
Ovohorse, Spain
9.3 First the stud fee of the stallion must be paid once. Each additional embryo produced is then charged separately at 50% of the stud fee per embryo, at the time of production, and must be paid prior to collection, dispatch or transplantation of the respective embryos.
10.1 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 agents. It also does not apply to other damages which are based on a grossly negligent breach of duty by the stallion owner or 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 the owner must take out liability insurance of an appropriate and customary amount and provide evidence of this on request.
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