STUD TERMS & CONDITIONS
All breeders inseminating their mares with semen from the stallions at Paul Schockemöhle’s EU-approved semen collection centre (D-KBP-087-EWG) accept the following terms and conditions as applicable to all existing and future business relationships.
The breeding season commences on 1/1/2018 and ends on 15/08/2018.
Contract partner is Paul Schockemöhle Hengsthaltung GmbH.
Please place your order by telephone (0049(0)5492960-100), fax or using the semen order form on the internet (www.schockemoehle.com) by 10 a.m. at the latest! Any orders received after this time will not be processed the same day.
The following information should be provided in conjunction with semen orders:
– Stallion’s name
– Name and full address of the mare’s owner
– Exact shipping address, if different from the mare owner’s address
– Mare’s details (name, UELN, copy of breeding)
(the semen which is supplied may only be used to inseminate the mare specified in the order)
– Details of the inseminating veterinarian
– 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 is the full registration of the foal 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.
Semen can be sent every day. Deliveries on Sundays and bank holidays are subject to regional restrictions and are therefore only possible upon prior request. However, you can collect the semen every day.
The semen shipping costs shall be borne by the owner of the mare and may be requested separately. We would like to expressly point out that that the shipping costs for stallions who are not or only partially standing in Mühlen (such as Big Star, Fürst Jazz, Grey Flanell, Total Hope, Vivaldi, etc.) may be significantly higher.
For the most popular stallions, the stallion station 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 service station in Mühlen.
In Germany, we send fresh semen, as a matter of 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.
A liability for transport damages is excluded. Complaints must be reported the next day, otherwise, the transport will be invoiced.
If you choose embryo transfer, this must be declared before the first order. Please remember that embryo transfers are subject to payment of the stud fee in respect of every grown embryo. A discount will be granted if several embryos are flushed out.
The embryo flushing must obligatorily be documented. The presentation of the flushing log (list of all flushings, even when no embryo is collected, and the details of the receiving mares) must be sent to us before the 1.10 of the same year.
The stud fee is due prior to the first insemination. The semen shipping costs shall be borne by the breeder and may be requested separately.
The breeder’s certificate will not be issued or forwarded to the association until payment of the stud fee and all other costs (veterinary and shipping costs) have been effected.
Credit balance rules
If the mare does not conceive or resorbs, we will invoice half of the stud fee in the following year (except for stallions that are exclusively available for frozen semen, such as Big Star, Catoki, Kannan, Presley Boy etc.), subject to veterinarian confirmation of the mare not being in foal being provided by 1st December of the same year. Without this confirmation we are not able to issue a credit note. Mares which are inseminated for the first time after 1 July and do not conceive will be fully exempted from the stud fee in the following year. Please remember that veterinary confirmation of the mare not being in foal must also be provided in this case by 1 December of the same year.
The credit balance is bound to the person and to the stallion. Changes are only possible after prior agreement. Stud fees are non-reimbursable.
Agreed stud fee discounts, credit notes from the previous year and vouchers cannot be combined.
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 must be sent to us by fax or email, otherwise the shipment cannot take place.
The frozen semen remains the property of the Paul Schockemöhle stallion station (Paul Schockemöhle Hengsthaltung 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. If the mare owner carries out an unauthorized use of the frozen semen, a fine of €2500.00 will be imposed without exception, in addition to all outstanding receivables.
The delivery containers, which are the property of the Paul Schockemöhle stallion station (Deckstation Paul Schockemöhle Hengsthaltung GmbH), must be sent back to the station within seven calendar days. 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.
If the private container of the breeder is used, the Schockemöhle station assumes no liability.
The proof of use documents included with delivery, filled in and signed by the veterinarian/insemination technician, as well as the empty straws, have to be sent back to us immediately (by the 01.10 the same year at the latest).
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.
All above prices exclude VAT which will be added as necessary at the prevailing rates.
Place of jurisdiction
If the client runs a business, and if the contested business relationship can be attributed to his commerce, the stallion station can sue the customer at the court responsible for the stallion station (Vechta/Oldenburg). The insemination centre itself can only be sued by these customers at the court responsible for the stallion station (Vechta/Oldenburg).
All rights and obligations arising from and in connection with the contractual relationship shall be governed by the non-uniform German law, namely the law of the BGB/HGB. 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.
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
In the case of consumers, the insemination centre retains ownership of the goods until full payment of the purchase price. In the case of companies, the insemination centre retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full.
Limitation of liability
The stallion station Paul Schockemöhle Hengsthaltung 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 at least a negligent breach of duty by the insemination centre or its vicarious agents. It also does not apply to other damages which are based on a grossly negligent breach of duty by the insemination centre or its vicarious agents.
Special agreements are only valid between the insemination centre and the customer if they are agreed in writing.
Please remember to include the owner’s name!