Terms and Conditions
By using our stallions you agree to the below mentioned terms and
conditions set up for the use of fresh shipped semen, live cover or
frozen semen. Please read each chapter carefully.
The breeding
season will be running from February 1 to July 31.
Live Cover
Stipulations:
All mares to
be live covered are
required to undergo examination for genital tract infection and a
statement
of negative cervical culture, EVA and Coggins test is to be
furnished to Gestuet Falkenhorst before mare is bred. In the event
that a mare has failed to become pregnant after being bred on two
heat periods a statement of negative culture will be required before
being bred again.
The mare
owner agrees the above mare is free of all infections and physically
fit for breeding purposes and such mare is not vicious or
unmanageable. Gestuet Falkenhorst may decline to breed any mare for
such reasons.
The mare
owner hereby authorizes Gestuet Falkenhorst to determine whether an
emergency situation exists and authorises the Gestuet Falkenhorst to
call for the Veterinary at mare owners expense.
In the event
the mare does not get in foal during the recent breeding season,
this shall entitle the mare for a free return in the following
breeding season. To be able to grant this free return, we require a
Veterinary statement to be sent to us until September 30th
latest. If this statement is not sent to us in due time as before
mentioned, the free return is null and void. The statement must
confirm that the mare is not in foal as per September 30th and must
be signed by the Veterinary.
This free return cannot be assigned or transferred by the mare’s
owner. In the event said mare is sold or changes ownership the free
return is null and void.
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Fresh
Shipped (Chilled) Semen Stipulations:
Orders for fresh semen may be
made by using the order form on the attached link. Orders must be
made at least two clear working days prior to requirement for all
countries outside of Germany, especially Great Britain or Ireland.
Stallions are occasionally subject to injury, illness and
competition arrangements, and as such their availability can change.
If there are a number of orders for a particular stallion we reserve
the right to priority orders at our entire discretion.
Semen cannot be dispatched without a completed order form and
cleared payment.
Deliveries cannot be made to
arrive on a
Sunday, Monday and Holidays. Saturday deliveries are less
reliable and usually much more expensive. If you are in UK or
Ireland you have to make arrangements
with your own courier to collect your order.
Gestuet Falkenhorst cannot
accept any responsibility for late delivery. Delivery costs are the
responsibility of the horse owner.
Semen collection by you rather
than a courier is available by prior appointment. Gestuet
Falkenhorst will not be liable for semen that is lost in transit by
couriers.
In all cases it is the
responsibility of the horse owner to make the appropriate
arrangements regarding its mare. Gestuet Falkenhorst are not
responsible for those arrangements. We
urge breeders to take good care of their mare/breeding management.
Semen collection will be 30 Euro per collection.
The semen is not covered by
Gestuet Falkenhorst’s insurance once it has been dispatched. It is
the responsibility of the Customer to ensure that the semen is
insured once dispatched from the distribution centre.
All required veterinary
certificates and EU clearances must be paid with us before we can
release an order for delivery.
In all cases you must ensure that your courier is fully equipped to
accept the necessary shipping container. You will be responsible
for returning the container to us. You will be responsible for the
costs of any container not returned to us which is 20 Euro per
container.
There shall be no refund in
whole or part, but a return service to the same stud shall be
provided in the event
the mare does not get in foal during the recent breeding season. This shall entitle the mare for a reduced return (50% of the stud
fee) in the following
breeding season. To be able to grant this reduced return, we require a
Veterinary statement to be sent to us until September 30th
latest. If this statement is not sent to us in due time as before
mentioned, the reduced return is null and void. The statement must
confirm that the mare is not in foal as per September 15th and must
be signed by the Veterinary.
The reduced return cannot be assigned or transferred by the mare’s
owner. In the event said mare is sold or changes ownership the
reduced return is null and void.
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General
Stipulations:
Dilute
stallions are not allowed to be used on dilute mares. This is under
penalty of a fine
of 20000 Euro on violation of this rule.
The
homozygous stallion Chess can only be used on tobiano colored mares
if the respective stud fee has been paid for.
The Service
Fee is due and payable prior to the mares being bred and keep/board
fees are due and payable prior to mares leaving the farm.
An interest
of 12% will be added to any balance (board, stud fee or any other
fees) over 30 days outstanding.
In the event that board payment is overdue by 60 days, Gestuet Falkenhorst is entitled to a lien against the horse for the
amount due and shall be entitled to enforce a lien and sell the
horse for the amount due in accordance with appropriate provincial
law. If legal assistance is required to collect charges accruing
hereunder, all expenses, including reasonable attorney’s fees,
incurred by Gestuet Falkenhorst shall be borne by the horse owner.
In the event
the breeding is executed by an agent of the owner, authorization or
otherwise, such agent hereby unconditionally guarantees the full and
prompt payment of the Service Fee, and any and all other amounts due
hereunder, as well as performance of all other obligations
hereunder.
If a LFG has
been contracted, the breeder is entitled to a free return in the
following breeding season if the foal is unable to stand and nurse
without
assistance for 48 hours. This guarantee will apply ONLY if stallion
owner is notified within 48 hours of foal's death. This clause is
binding also in case of abortion. Statement by licensed Veterinarian
must follow within ten days or guarantee becomes null and void.
In the event
a stallion is removed, sold, becomes unfit for breeding or in any manner
is not available before serving the mare, the mare owner is entitled to
chose another stallion in the same price range.
Important for use of frozen
semen: no splitting of doses is allowed!
Gestuet
Falkenhorst and their agents, employees, shall not be liable for
injury, death or disability suffered by any horse, mare, or her
offspring from any cause whatsoever while in its custody or control
or while on the farm, and the owner specifically assents to such
condition and waives all claims for damages resulting from such
injury, death or disability.
These Conditions contain the
entire obligations between Gestuet Falkenhorst and the Customer in
relation to the services contained in the Contract and is
incorporated into the Contract. The provisions of these Conditions
shall prevail in the case of any inconsistency between any quotation
or letter referring to or incorporating these conditions and any
letter, Order or form of Contract sent by the Customer to Gestuet
Falkenhorst, whatever may be their respective dates. In the event of
Gestuet Falkenhorst entering into the Contract without having
incorporated or referred to these Conditions but where the Customer
has been given prior notice of the Conditions then the Contract will
be subject to these Conditions.
No warranties or representations made by or on behalf of Gestuet
Falkenhorst prior to the Contract (whether in writing or verbally)
shall form part of the Contract.
All bookings are subject to
availability and Gestuet Falkenhorst reserve the right to refuse any
booking in whole or in part.
In no circumstances shall Gestuet Falkenhorst be liable for any loss
(whether direct or indirect) of profits, business or anticipated
savings or for any loss or damage whether indirect or consequential
whatsoever.
This
Agreement and the application or construction thereof, shall be
governed exclusively by its terms and by the laws of Germany.
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