Terms and Conditions

I TO BE KEPT IN MIND

1. Should you have queries, please get in touch with the local manager or our team member, Erich Brebaum, at the stud office. We are happy to make every effort to resolve any issue that might arise soon as possible. Please ring 02581-6369 17 or 0162-9378746.

2. Please check without delay - especially after receiving the fresh sperm - whether the semen tube is correctly labelled with the stallion name you wish to use. If it is not, please contact us immediately at the stud office.

3. Sperm from our stallions is available at all stations except Balde and Detmold.

II POLICY

1. These terms apply to all contracts between the North Rhine-Westphalian State Stud at Warendorf, Sassenberger Strasse 11, D-48231 Warendorf (hereinafter referred to as ‘State Stud’) and its customer (hereinafter referred to as ‘Mare Owner’) and govern the purchase of semen from stallions listed on the roster and/or the inseminations with sperm from stallions on the roster.

2. The terms apply neither to contracts for the purchase of semen originating from rostered stallions from Celle or Zweibrücken or the Rüscher-Konermann station nor inseminations with sperm originating from rostered stallions from Celle or Zweibrücken or the Rüscher-Konermann station. In such cases a contract can only be concluded exclusively between the State Stud at Celle or Zweibrücken or the Rüscher-Konermann stallion station and the respective mare owner.

3. The mare owner may place sperm orders by telephone, fax, e-mail or directly from the stud manager. The mare owner's order constitutes their offer to enter into a contract. The contract is concluded by the State Stud accepting the offer verbally, in writing or electronically.

4. The delivery of fresh semen and the performance of natural cover take place during the normal breeding season, i.e. between 24 February and 10 August.
Prior to placing your order you should enquire whether semen from your preferred stallion is available. The State Stud reserves the right to take stallions into or out of the stud programme at an earlier or later date. This applies in particular to our performance stallions (such as CORNADO I) Corrado, Cornado *** and a number of leased stallions that are due to be competing in 2020 and may therefore not always be available. In individual cases, insemination may also be possible prior to 24 February and later than 10 August 2020. Please check with our breeding office well in advance.

5. Within the framework of breeding requirements, the mare owner is free to choose a stallion. When the mare is brought to the State Stud for the first time, the breeding certificate or proof of pedigree must be shown to the stud manager for entry in the stud register.

6. A mare will be not be admitted if she
a. has a sexually transmitted or otherwise contagious disease,
b. has not produced a live foal for several years despite repeated covering,
c. Mares that have gone through more than three heat cycles during the current breeding period

Mares specified under a. - c. may only be covered after a veterinary certificate showing health and suitability for breeding has been submitted to the station manager.

III SERVICE FEES

1. For insemination/the delivery of semen, the mare's owner must pay to the State Stud the stud fee determined in the roster for the respective stallion The stud fee is charged for the current breeding year 2020 and is due upon conclusion of the contract.

2. The mare's owner also needs to pay to the State Stud the 'pregnancy premium' indicated in the stallion roster for the respective stallion. This premium becomes due on the 21st day after the invoice is issued, but not before 1 October of the current year. An invoice will not be issued if the mare's owner sends a veterinary certificate (preferably by e-mail) to prove that the inseminated mare has not become pregnant This certificate must be submitted as an original document no later than 30 September of the current year of covering, otherwise the mare's owner is liable for the pregnancy fee regardless of whether the mare has actually become pregnant or not.

3. Mares that have been in heat more than three times during the current period, may be rejected for servicing by the most frequently sought stallions and referred to another stallion of the State Stud. Insemination fees will not be refunded.

4. The State Stud reserves the right to inseminate with fresh semen only at the stallion’s home station and/or to send fresh semen only to stud and insemination stations of the State Stud.

5. The above provisions (III. 1 to 4) do not apply to the ordering of semen for use in an embryo transfer. Mare owners planning an embryo transfer can contact the Stud Office for the regulations governing this.

IV SPECIAL RULES FOR WARM BLOOD SERVICES (FRESH SEMEN TRANSFER AND NATURAL COVER)

1. A change stallion - or one belonging to Rüscher-Konermann - is possible within the current breeding year. If prices differ, the higher stud fee will apply.

2. Where customers change from insemination to natural cover, the stud fees - after deduction of the fees for natural cover - will be credited against the pregnancy payment. Vouchers/discounts will only be accepted prior to the due date of the pregnancy payment. Residual amounts will not be refunded.

3. For mares covered or inseminated for the first time after 30 June in the previous year, without getting pregnant by 30 September, the stud fee is reduced by the amount paid in that year.

4. The number of inseminations per breeding period (both fresh sperm and natural cover) is limited to four.

5. Where semen is delivered abroad, the cost of veterinary certificates and customs procedures will be added to the invoice.

6. Stallions not yet or not yet permanently registered in Stud Book I are marked separately in the Stallion Roster for 2020. Registration is effected when these stallions have successfully passed an assessment test or the required sport test (licensing, part II) in accordance with Section 200f (1) of the ZVO breeding regulations. Until entry in Stud Book I is effected, the breeding certificate of the offspring is issued as a certificate of birth in line with Section 10 of the ZVO regulations.

7. Where the stallion has not been registered in the stud book and the foal therefore only has a certificate of birth (on account of the stallion not passing performance test), the pregnancy payment will be fully subtracted from the stud fee in the following year.

8. If a stallion used for service has tested positive for WFFS (warmblood fragile foal syndrome) or PSSM (polysaccharide storage myopathy) in cold-bloods, laboratory costs may be subtracted fully from the stud fee, if the mare to be inseminated is tested for WFFS or PSSM and as long as the lab bill is produced and a report to the local breeders’ association is documented. Please note that if a stallion that has tested positive for WFFS or PSSM is used to service a mare that has tested positive or has not been tested at all, the risk is on the breeder.

9. We are running a 15 per cent discount programme for a number of stallions in 2020. The horses covered by this are listed separately.

10. In certain individual circumstances you may be entitled to transfer the stud fees to another mare or another year. Please ask the stud controller for the appropriate form or visit the NRW State Stud’s website.

V REGULATIONS COVERING THE USE OF FROZEN SPERM

1. The stud fee specified in the stallion roster refers to one frozen-sperm insemination per mare and is owed regardless of whether or not the mare is pregnant. There is a discount on possible extra frozen-sperm inseminations per mare - as specified in the stallion roster for 2020 – during the current breeding season (1 November to 31 October). The frozen semen will only be dispatched after the respective stud fee has been fully paid.

2. Discounts are only granted for specific stallions in order to preserve old bloodlines. Extra discount schemes do not apply.

3. If a different stallion is used, and with the beginning of a new breeding season, the full stud fee must be paid for frozen semen.

4. Shipping costs are not included in the stud fee and are charged extra. If sperm is shipped abroad, the cost of veterinary certificates, customs formalities and the container will be put on the invoice and must be paid by the mare's owner.

5. Owing to the limited availability of frozen semen, the State Stud is entitled to limit the number of TG insemination doses to two.

VI OTHER PROVISIONS

1. If a stallion is kept from continued covering by illness, injury or any other reason during the current breeding season, they may be replaced by other stallions, subject to availability.

2. If a mare dies or needs to be put down as a result of injuries sustained during the cover, the stud fee will be refunded. A refund of the paid stud fee is not possible if the mare dies for any other reason before she gives birth to a foal resulting from the covering.

3. If a foal descended from a Warendorf-rostered stallion is to be registerd with a breeders’ association other than in Westphalia or the Rhinelands, a separate request must be made by the breeder to the association in question.

4. Registration of foals sired by rostered stallions from the Celle and Zweibrücken studs must be requested individually by the breeder from the respective horse breeding association.

VII LIABILITY

The State Stud will always accept full liability if there is intent and gross negligence. The same applies if the State Stud intentionally fails to disclose a defect or has accepted a guarantee. When shown to have acted without due care and consideration (‘simple negligence’), the State Stud is only liable (a) for damages resulting from injury to life, body or health of humans and (b) for damages resulting from the violation of an essential contractual obligation (an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose fulfilment the contractual partner regularly relies and may rely). In the latter case (b), however, liability is limited to compensation for the foreseeable, typically occurring damage. The above limitations of liability shall also apply in the event of breach of duty by persons whose actions fault the stallion owner is legally responsible for.

VIII FINAL PROVISIONS

1. Any contract shall be executed in the German language.

2. Amendments shall be effective only if made in writing.

3. These regulations as well as any contractual rights and obligations stemming from them shall be subject to German law only. The UN Convention on Contracts for the International Sale of Goods shall not apply here.

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