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T
erms 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 (live cover) or March 1 (shipped semen) 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 50% reduction of the paid stud fee for the following season. To be able to grant this reduction, we require a Veterinary statement to be sent to us until August 31, 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 August 31 and must be signed by the Veterinary. This reduced 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 paid 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 August 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 August 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 dies, is sold or changes ownership the reduced return is null and void.

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Frozen semen Stipulations:

The frozen semen is sold on a per dose base. Buyer specifically agrees and understands that no semen will be shipped until all fees have been paid.

The semen MUST be administered by a licensed Veterinarian familiar with the concept and practical use of frozen equine semen. Your mare must be present at your Veterinarian's facility or a qualified insemination station during her cycle and she must be bred there. Attempts to use frozen semen outside the controlled situation of a qualified facility can greatly reduce, or even prevent, chances of conception.

We will provide detailed thawing and usage instructions for the Veterinarian on request.  A “dose” of frozen semen is defined as a single insemination unit. Breeding certificates will be issued to EACH mare upon Gestuet Falkenhorst’s receipt of all properly completed and signed paperwork from the attending Veterinarian.  Buyer agrees to hold harmless Gestuet Falkenhorst and/or any semen distribution agents for Gestuet Falkenhorst for any injury or illness to mares associated in any way with the insemination of frozen semen provided by Gestuet Falkenhorst.  Buyer specifically understands that Gestuet Falkenhorst makes no guarantees or warranty as to the fertilizing capacity of any semen provided under these terms and conditions, either expressed or implied, however, known conception rates will be relayed to Buyer, and are given in good faith. 

All stallions in the frozen semen program have been tested NEGATIVE for C.E.M., E.V.A., DOURINE, GLANDERS, PIROPLASMOSIS and E.I.A.

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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 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 (TB mares), 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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