Stud conditions Stud111
- These stud conditions apply exclusively to any other conditions in relation to all breeding contracts, offers (including but not exclusively via advertisements and/or brochures) and assignments between Stud 111 and the mare owner.
- By ordering the semen, the mare owner has taken note of these stud conditions and declares to agree with these stud conditions.
- If a (part of a) provision of these stud conditions is void or voided, the other provisions of these stud conditions will remain in full effect. In addition, the provisions which have been declared void will be replaced by a reasonable alternative.
- The obligation which Stud 111 takes on with regard to the mare owner is an obligation of endeavors and thus not an obligation of results.
Breeding / stud fees fresh semen:
- Prior to the first insemination, the details of the mare need to be provided.
- If the semen is ordered before 9:00, as a rule this order – depending on the delivery address - will be delivered the same day or the next morning.
- If several foals were to be born from one insemination, a stud fee is owed per live born foal. In the event of the aforementioned situation, the owner of the to be inseminated mare (being and hereinafter “mare owner”) is obliged to report this to Stud 111.
- The mare is never inseminated by Stud111 itself, nor by a person on behalf of or under the responsibility of Stud111. Insemination is done by and under the responsibility of the mare owner.
- All stud fees are excluding VAT and transport costs.
- Payment of the entire stud fee and the additional costs and charges must be made within 14 days after the date of invoice. After the expiry of this payment term the mare owner will automatically be in default.
- As a “live foal guarantee” applies that in case a mare is not pregnant or had a miscarriage (which must be proven by the mare owner by means of a statement drawn up and signed by a veterinarian), without additional costs the mare owner can request semen free of charge in the following year, provided that the stud fees have been paid in full. In case there is a price difference in the stud fees charged by Stud111 in the breeding season of the first order and in the following breeding season, or caused by the change to a different stallion from the Stud 111 stallion-collection, this price-difference will be credited or invoiced by Stud 111.
Embryo-transplant and ICSI:
- When placing an order, a notification must be given by the mare owner indicating the ordered semen will be used for an embryo transplant or ICSI. The mare owner must ask Stud 111 for prior written approval when he/she intends to use the semen for ICSI-purposes.
- A stud fee will be charged per successful embryo/ICSI which applies as well if the embryos will be frozen and if more than one embryos will be received out of 1 insemination. In the event of the aforementioned situation, the mare owner is obliged to report this to Stud 111 who will then send a separate invoice for a full stud fee for every embryo, regardless of whether it is frozen or transferred to a receiving mare.
- The mare owner agrees that Stud 111 is authorized to receive information directly from the veterinarian/ICSI-hospital regarding the performed inseminations, ET and/or ICSI-results and authorize the release to Stud 111 the information about the ET and/or ICSI-results obtained.
- The mare owner confirms and directs the veterinarian/ICSI-hospital to use a complete insemination dose per straw per ovum when fertilizing the mare.
- The mare owner is not authorized at any time to sell or give semen to another person or persons in order to achieve a gestation without the prior written consent of Stud 111.
- The mare owner must obtain prior written approval from Stud 111 if he/she intends to transport the semen from the initial veterinarian/ICSI-hospital to another one.
- In case of ICSI, empty (un)used straws of semen must be sent back to Stud 111 at the expense of the mare owner.
- As a “live foal guarantee” applies in case a mare is not pregnant or had a miscarriage (which must be proven by the mare owner by means of a statement drawn up and signed by a veterinarian), without additional costs breeding can take place in the following year, provided that the stud fees have been paid in full. In case there might be a price difference in the stud fees charged by Stud 111 in the breeding season of the first order and in the following breeding season, or caused by the change to a different stallion from the Stud 111 stallion collection, this price difference will be credited or invoiced by Stud 111.
- Insofar applicable to embryo transplantation or ICSI, the clauses of the previous article are applicable.
- Possible veterinary costs (such as check ups, injections, bacteriological examination, antibiotic treatments and / or operations, etc) will be charged to the mare owner.
- Stud 111 informs the mare owner about the importance of zootechnical certificates for the registration of breeding animals and offspring produced from germinal products of breeding animals as stated in Article 30(4) and (5) of Regulation (EU) No 2016/1012. At the request of the mare owner, Stud 111 communicates the details about the extraction or storage of the germinal product, which are necessary to issue the zootechnical certificate for the germinal product, to the studbook association or breeding group that must issue that zootechnical certificate.
- Stud 111 is not in any way liable for any damage whatsoever, sickness and/or injury to people, animals, transportation or otherwise which in the broadest sense of the word is connected to c.q. arising out of an activity related to these stud conditions.
- All disputes arising out or connected with a legal relationship between the parties to which these stud conditions apply, will at first instance exclusively be adjudicated by the competent Belgian court.
- These stud conditions as well as the possible breeding contracts resulting out of these conditions are governed by Belgian law.
- If there is a difference between translations of these stud conditions, the Dutch text will prevail.