- 1 SCOPE OF APPLICATION
1.1 All customers (hereinafter “breeders”), the stallions of the EU insemination stations Paul Schockemöhle (D-KBP-087-EWG), Helgstrand Germany (D-KBP-188-EWG), Helgstrand Dressage (DK 01-EQU -SCC-0002) from Denmark or our other partner stations accept the following conditions for all current and future business relationships. The contractual partner is Paul Schockemöhle Pferdehaltung GmbH (hereinafter “stallion owner”).
1.2 The breeding season begins on 01.01. and ends on August 15th. of each year – subject to deviating agreements between the breeder and the stallion owner.
- 2 SEED ORDERS
2.1 Seed orders can be placed by telephone (+49-5492 960-100), by fax (+49-5492 960-111), by e-mail (order@schockemoehle.com) or using the seed order form on the Internet (www.schockemoehle .com) will be abandoned. The order must reach the stallion owner by 10:00 a.m. CET at the latest. Orders received later may not be processed on the same day.
2.2 The order should contain the following information:
– Desired stallion
– Type of insemination (delivery or insemination from the stallion owner)
– Type of semen (fresh semen or frozen semen)
– Name, full address, telephone number and e-mail address of the breeder
– Exact shipping address, if different from the breeder
– Details of the mare (name, life number, copy of the certificate of pedigree)
IMPORTANT: The delivered semen may only be used for the registered mare!
– Details of the inseminating veterinarian/user
– Membership number of the breeding association to which the insemination is to be reported (breeding certificates must be submitted to the stallion owner at the beginning of the breeding season)
– whether embryo transfer is desired (possible from March 15th to August 15th of each year)
2.3 The contract comes into being upon acceptance by the stallion owner, which can be oral, 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 his stallions are used for breeding before the performance test has been completed at the breeder’s risk. If a stallion does not make it into the HB I, the breeding association only issues birth certificates for its foals.
- 3 SHIPPING/DELIVERY
3.1 The semen can be shipped on any weekday (on Sundays and public holidays at higher prices).
3.2 It is possible to collect the semen daily (also on Sundays).
3.3 The sending of semen at weekends from stallions stationed in Denmark is subject to restrictions and is therefore only possible upon prior request.
3.4 The semen shipping costs are at the expense of the breeder and are to be requested separately from the stallion owner.
3.5 The health papers (traces) required under EU animal breeding law when sending semen abroad are at the expense of the breeder and must be requested separately from the stallion owner.
3.6 The stallion owner expressly points out that the shipping costs for stallions that are not or only partially stationed at his EU insemination station in Mühlen (such as Fürst Jazz etc.) can be significantly higher. The stationing of the individual stallions can be found on our website at www.schockemoehle.com.
3.7 The dispatch of semen is only possible against payment in advance.
3.8 In the case of heavily frequented stallions, the stallion owner reserves the right to limit the semen delivery per horse/mare or to give priority to inseminating the mares at his EU insemination station in Mühlen.
3.9 If a stallion is not available at short notice during the breeding season for special reasons (competition competitions, illness, etc.), the stallion owner offers to use frozen semen if possible, or to use another stallion at the station if desired. Only the last stallion used will be invoiced.
3.10 Shipping is at the breeder’s risk, unless the breeder has concluded the contract as a consumer within the meaning of Section 13 of the German Civil Code. The breeder is obliged to check the delivery on the day of delivery for visible damage/damage and, if necessary, to notify the stallion owner in writing immediately. - 4 PAYMENT
4.1 All stud taxes and shipping costs stated by the stallion owner are net prices and therefore plus the sales tax applicable at the place of delivery. In Germany, this is currently 7 percent. For customers outside Germany and for stallions stationed in Denmark, this is currently 25%.
4.2 The stud fee and shipping costs are due before the first insemination.
4.3 The stud certificate will only be issued and passed on to the respective breeding association once the stud fee has been paid and all other costs incurred (veterinarian, stable fees, shipping, etc.) have been settled.
4.4 If the breeder makes unauthorized use of the semen (e.g. inseminating mares that have not been registered, failure to report a successful embryo transfer, etc.), this will be punished with a fine of €2,500.00 without exception, in addition to the outstanding items . - 5 SPECIAL CONDITIONS
5.1 For mares that have not adopted or resorbed, the stallion owner credits half of the stud fee paid to the breeder in the following year (stallions that are used exclusively via frozen semen are excluded), provided that by 01.12. of the same year a veterinary certificate of non-pregnancy is available from the stallion owner. If the certificate is not submitted by the deadline, crediting is not possible.
5.2 Mares born after 01.07. of the respective year were inseminated for the first time and not in foal, receive full stud tax exemption in the following year, provided that by 01.12. of the same year a veterinary certificate of non-pregnancy is available from the stallion owner. If the certificate is not submitted by the deadline, crediting is not possible.
5.3 The credit is tied to the breeder, the mare and the stallion used. Changes are only possible after prior consultation with the stallion owner. There is no entitlement to reimbursement of the stud fee.
5.4 Credits can no longer be counted after 5 years.
5.5 All stud fee discounts including non-pregnancy and quantity discounts as well as credit from the previous year and vouchers cannot be combined with each other.
5.6 The stallion owner grants a discount on the stud fee according to the following scale:
There is a discount of 10% for the 2nd to 4th mare,
15% for the 5th to 9th mare , and a discount
for the 10th to 19th mare 20%
each, 30% for the 20th to 30th mare.
Exceptions are stallions such as All Star, Danciano, Foundation, Totilas.
5.7 If the invoices are not paid on time, any discounts that may have been agreed shall be forfeited. The stud fees are then to be paid in full! - 6 STAYS IN MÜHLEN
6.1 The stay of the breeder’s mare at the EU insemination station of the stallion owner in Mühlen for the purpose of insemination is only possible if she can prove complete vaccination protection (including herpes) – and this is at the risk and expense of the breeder.
6.2 The stay of the breeder’s mare at the stallion owner’s EU insemination station in Mühlen for the purpose of insemination is at the risk and expense of the breeder. The daily rate is €10.00, for mares with foals €12.00 and for a chip box €15.00 per day. As soon as the mare has been successfully inseminated or the pregnancy has been determined by the veterinarian, the daily rate increases to €20.00, for mares with foals to €25.00 and for chip boxes to €30.00.
The prices quoted are net prices plus the legally applicable VAT.
6.3 The veterinary insemination and treatment (swab test, gyn. examination, etc.) is carried out by the stallion owner’s contract veterinarians and the breeder is billed separately by them. The contract veterinarians are not vicarious agents of the stallion owner.
6.4 The breeder also agrees that a veterinarian or farrier may be called in at his expense if the stallion owner reasonably deems it appropriate. The costs will be invoiced separately to the breeder by the veterinarian or blacksmith. If the breeder does not consider the appointment of the veterinarian or farrier to be expedient, he is responsible for proving this.
6.5 Insemination will only take place after a follicle check by the stallion owner’s contractual veterinarians at their EU insemination station.
6.6. The breeder must provide veterinary swab samples, which must not be older than 3 weeks, for free mares, with the exception of maiden and foal mares. - 7 SEXING OF THE SEMEN BEFORE INSEMINATION
7.1 For the sexing of the semen before insemination, which is only offered at the EU insemination station of the stallion owner in Mühlen, a fee of €500.00 will be 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 fully refunded.
7.3 The stallion owner does not assume any guarantee, warranty or compensation obligations for the costs incurred (e.g. loss of marketing, accommodation, etc.) for foals that, 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 removal of the embryo take place exclusively in the EU insemination station of the stallion owner in Mühlen. The breeding recipient mare is taken over by the breeder after the 60th day of pregnancy. The recipient mare must be brought back to the handover location (Mühlen) 6 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 stallion owner needs the flushing and embryo recovery protocols from the veterinarian who carried out the transfer, as well as the unique identification numbers (life number or microchip) of the recipient mares. This information must be submitted to the stallion owner at the latest with the proof of use of semen after the embryo transfer has been carried out. This obligation to submit applies regardless of the success of the embryo transfer.
8.3 Embryo transfer
costs 8.3.1 In the case of embryo transfer, the stud fee is due for each embryo that is examined after 60 days in the recipient mare.
8.3.2 If the embryo transfer is unsuccessful during the entire breeding season, only the stud fee for the last stallion used is due (except for stallions that are used exclusively with frozen semen).
8.3.3 If the insemination is continued after a successful embryo transfer, this leads to
a further stud fee becoming due regardless of the success.
8.3.4 In the case of several successful flushes, the stud fee discount system of the stallion owner applies (see § 5.6).
8.3.5 In the case of an embryo transfer at the EU insemination station of the stallion owner in Mühlen, the insemination of the donor mare itself is not charged. However, in addition to the stud fee, the breeder also bears the costs for follicle checks, swab tests, treatments, etc. depending on the effort by the veterinarian. Flushing the embryo costs €200.00.
8.3.6 The positive transfer per embryo into a recipient mare (incl. immediate direct journey to the Lewitz after flushing), after a positive pregnancy check after 60 days, costs €1,000.00.
8.3.7 If, on the other hand, the transfer was unsuccessful or if the mare resorbed before the 60th day of pregnancy, the breeder does not incur any costs for the recipient mares.
8.3.8 The rental fee for each recipient mare in foal is €1,250.00. It includes the preparation of the recipient mare, follicle checks, implantation of the embryo, aftercare with medication, pregnancy check up to the 60th day of pregnancy, forging costs, deworming and vaccination, etc. In addition, a deposit of €750.00 must be paid for each pregnant recipient mare,
8.3.9 From the 60th day of pregnancy until the recipient mare is returned, the breeder bears the costs for further veterinary care and proper care (including deworming, vaccinations and the farrier) and accommodation of the mare.
8.3.10 The prices stated in 8.3 are net prices plus the legally applicable VAT. - 9 FROZEN SEMEN (TG SEMEN)
9.1 The frozen stud fee is charged per mare and includes up to a maximum of 2 insemination doses. After that, the full TG stud fee is due again, without credit or entitlement to a credit due to non-pregnancy.
9.2 It is not possible to purchase individual cans.
9.3 One insemination dose is supplied per heat.
9.4 Not included in the TG insemination fee are the costs for shipping the TG semen and veterinary certificate. These costs will be invoiced separately to the breeder. The return transport is also borne and organized by the customer himself.
9.5 The TG semen must be ordered in good time so that the order can be processed, the TG stud fee invoiced and payment made to the stallion owner’s account in accordance with normal business processes prior to delivery.
9.6 The frozen semen can only be sent if a usage agreement for the frozen semen signed by the breeder has previously been returned to the stallion owner by fax or e-mail.
9.7 The frozen semen remains the property of the stallion owner. If not used, the frozen semen must be returned to the stallion owner. It must not be passed on to third parties or used on mares that are not intended for this purpose.
9.8 The delivered containers, which are the property of the stallion owner, must be returned to the stallion owner’s EU insemination station in Mühlen within 7 calendar days of receipt. Otherwise, a fee of €25.00 per day will be charged from the 8th calendar day. If the container is not returned or lost, the grower will be charged in full.
9.9 If the breeder uses his own transport container, the stallion owner accepts no liability for this.
9.10 The proof of use enclosed with the delivery, completed and signed by the veterinarian/insemination supervisor, as well as the empty straws, must be sent back to the EU insemination station of the stallion owner in Mühlen immediately after the insemination.
9.11 Frozen semen may only be used in conventional artificial insemination or embryo transfer. The use of frozen semen for ICSI or other advanced
reproduction techniques is only permitted after prior consultation and written confirmation by the stallion owner. - 10 LIMITATION OF LIABILITY
10.1 The stallion owner is only liable in the event of intent and gross negligence. The exclusion of liability does not apply insofar as personal injury is affected, which is based on at least a negligent breach of duty by the stallion owner or his vicarious agents or representatives. It also does not apply to other damages that 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 damage caused by third parties.
10.3 To cover the risk from animal owner and animal caretaker liability (833, 834 BGB), 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 in text form.
11.3 Unified German law applies to all rights and obligations arising from and in connection with the contractual relationship, specifically the law of the BGB/HGB. The validity of the UN sales law CISG: United Nations Convention on Contracts for the International Sale of Goods (of April 11, 1980) is excluded.
11.4 The place of performance for all obligations arising from this contract is Mühlen.
11.5 The courts responsible for mills (Vechta/Oldenburg) are exclusively responsible 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.
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