Terms & Conditions

Our stud farm, Pferdebesamungsstation Gestüt Sprehe GmbH, is recognised as an EU insemination station (D-KBP 083-EWG). The mare owners who make use of our services bindingly acknowledge our terms and conditions of business below – also accessible at www.gestuet-sprehe.de/de/agb/ -. In addition, the present covering and insemination conditions in accordance with the respective current Memorandum and Articles of Association of the German Oldenburg Horse breeders’ association Verband der Züchter des Oldenburger Pferdes e.V. (accessible on the Internet at oldenburger-pferde.net/upload/files/Satzung_OL-Dez-2015.pdf) shall apply.

The current Memorandum and Articles of Association of the Verband der Züchter des Oldenburger Pferdes e.V. can be inspected at our business premises at any time. In particular Articles 63–70 et seqq. of the Memorandum and Articles of Association shall form part of these terms and conditions of business.

We explicitly make reference to the new breeding rules which apply as from 01/01/2016, which apply to the respective stallion sperm ordered, since, as from 2016, only stallions which have successfully passed a performance test can be registered in Stallion Register I and are licensed for breeding.

The current respective proven and recognised performance status of the stallions and their corresponding licence for breeding is both individually listed in the Stallion Catalogue and can also be accessed at www.gestuet-sprehe.de. Due to the performance and sports tests to be completed by the stallions, the latter constantly vary, and cannot be foreseen. Future breeding licences of the individual stallions are not predictable. It is expressly pointed out that it is possible that a stallion may not be entered in Stallion Register I. Further information on this can be accessed on the Internet at www.hengstleistungspruefung.de/homepage, and can be inspected at our company.

Whether the respective stallion will obtain the provisional/final registration in Stallion Register I in the further course of its career constitutes an imponderable circumstance, for which Gestüt Sprehe GmbH does not provide a warranty. To that extent, it is pointed out that some of the stallions on offer are merely “approved” or only “provisionally” licensed for breeding.

 

  1. The stallions are available with fresh and/or deep-frozen sperm. Should a stallion not be available with fresh sperm for particular reasons (appearing at a tournament, sickness, etc.), if we have it in stock deep-frozen sperm can be used, or, at the customer’s request, a different stallion at the station can be used, in return for a surcharge, as long as the breeding fees of the alternative stallion chosen are higher.
    No claim to repayment or partial repayment of the breeding fees exists.
    In the months of April to July, depending upon the frequency per oestrus two portions of sperm are available from the stallions.

  2. The breeding certificates are to be submitted to the horse insemination station Gestüt Sprehe GmbH (not the veterinary surgeon!) at the beginning of the breeding season.

  3. Orders for sperm are accepted daily from 7 a.m. to 6 p.m. For same day shipping, orders for sperm are accepted by telephone (+49 (0)5432-80 38811) or fax (+49 (0)5432-803888) or using the online sperm order form until 10 a.m., on Saturdays and Sundays until 9 a.m. (orders from abroad generally until 9 a.m.).
    Otherwise, on Sundays, orders can only be collected, not despatched. Alternatively, see the Stallion Catalogue or please go to www.gestuet-sprehe.de.

  4. The order needs to include the following details:
    • Name and address of the mare owner/customer, including a telephone and fax number
    • Full shipping address
    • Details of the veterinary surgeon handling the insemination
    • Details of the mare (name, ancestry, unique equine life number, age)
    • Your membership of the breeding association to which the insemination should be reported
    • The stallion desired

      No sperm can be donated unless these details are provided in full.
      Please note that the stud fee is to be paid for each embryo rinsed out, when the embryo is transferred.
      In the event of multiple successful rinses, a discount may be given.

      Due to the limited keeping quality/availability, complaints (sperm, shipping) are generally only possible in writing by 12 noon on the date of delivery.

  5. Traders need to notify Pferdebesamungsstation Gestüt Sprehe GmbH of any obvious defects in the sperm supplied within a period of two weeks of receipt of the goods. Otherwise, assertion of the warranty claim is excluded. In order to keep the deadline, despatching the notice of defect or notifying the defect in good time shall suffice. For merchants, Sec. 377 German Commercial Code (HGB) shall apply.

  6. In the case of consumers, Pferdebesamungsstation Gestüt Sprehe GmbH shall retain ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, Pferdebesamungsstation Gestüt Sprehe GmbH shall reserve the right of ownership in the goods until such time as all claims arising from the ongoing business relationship have been met in full.

  7. Pferdebesamungsstation Gestüt Sprehe GmbH shall only be liable in the event of wilful intent and gross negligence. The disclaimer shall also not apply in the case of any personal injury that is based on an at least negligent breach of duty on the part of Pferdebesamungsstation Gestüt Sprehe GmbH or its vicarious agents. It shall likewise not apply to any other losses based on a grossly negligent negligent breach of duty on the part of Pferdebesamungsstation Gestüt Sprehe GmbH or its vicarious agents.

  8. The stud fees (breeding fees) shall be due for payment as from the moment of placing the order for sperm, and are to be paid in advance of every delivery. The breeding fees are final prices, inclusive of the respective applicable statutory VAT.

    The costs for shipping within Germany will be charged separately, and are to be borne by the mare owner (shipping within Germany from Monday to Friday). The shipping of sperm on a Saturday and prior to public holidays bears a surcharge. Special courier journeys (delivery service, ICE high-velocity train delivery, etc.) will be charged for separately, according to the expenditure. Higher shipping charges may be applied for stallions not based at the stud farm. The nature and amount of all shipping and handling charges can be inspected at the company’s premises.

  9. In regard to shipping abroad, the following applies in addition:
    • In the case of deliveries abroad, additional customs duties may be incurred.
    • A health certificate issued by an officially appointed veterinary surgeon is to be requested from the stallion owner for the shipping of sperm abroad. The costs for the latter are likewise to be borne by the mare owner.
    • The container used for delivery needs to be returned, franked with sufficient postage, otherwise the latter will be invoiced to the recipient of the goods retrospectively in the amount of the material value of the same.

  10. The mares will exclusively be accommodated with contractual veterinary surgeons of the horse insemination station. If mares are left at the premises of the veterinary surgeon, to that extent separate accommodation fees may be charged by the respective veterinary surgeon. The latter will be in line with the respective contractual relationship between the veterinary surgeon and the mare owner. The mare will be accommodated at the owner’s risk. During the time that the mare is accommodated there, no safekeeping agreement between the mare owner and Pferdebesamungsstation Gestüt Sprehe GmbH will be concluded.

    Veterinary examinations of the mares by the station veterinary surgeons at the Benstrup site are carried out by appointment, however are essentially possible on Mondays, Wednesdays and Fridays, and likewise by appointment. The costs of the examination are to be borne by the mare owner.

    Swab samples are needed from barren mares in advance, with the exception of young maiden mares who are still foals.

    Subject to the following condition, half of the stud fees already paid the previous year are offset against the new stud fees in regard to mares that did not bear a foal the previous year, provided that a new order for sperm is placed. A prerequisite for the latter is presentation of a veterinary certificate of non-pregnancy by 1 December of the preceding year and proof of payment of the stud fee invoice within the previous year.

    Mares which were only inseminated after 1 July of the respective year and failed to become pregnant will be entirely free of stud fees for the following year (in the respective price range). In any of the above-mentioned cases, a prerequisite is presentation of a veterinary certificate of non-pregnancy by no later than 1 December and proof of payment of the stud fee invoice within the previous year. Should no such certificate exist, unfortunately no offsetting is possible.

  11. Special agreements shall only apply if they have been laid down in writing. Without recourse to conflict of laws provisions, exclusively the law of the Federal Republic of Germany shall apply to any rights and obligations arising from or in connection with the contractual relationship, subject to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11/04/1980.

    Opening hours on working days: 7 a.m. to 5 p.m., Saturdays, Sundays and public holidays 8 a.m. to 12 noon

    Breeding season: January until July 2016