+49 8573 - 336
Hauptstraße 1, 94094 Malching
All mare owners who use our stallions for covering or inseminating their mare accept the following General Terms and Conditions for all present and future business relations:
The covering season starts on 15 February 2019 and ends on 15 August 2019. Exceptions can be enquired from the stallion owner.
The stallions can be visited at any time by prior arrangement via telephone. Please note that stables are closed from 12:00-13:30 o'clock - thank you for your understanding.
II. Insemination/ mares’ stay at the stud
The mares shall be accommodated (including turnout) at the owner’s own risk and expense. The daily rate is € 15; € 19 for mares with foals (incl. 10.7 % VAT where applicable).
Only mares with a negative swab sample not older than six weeks shall be admitted for insemination, with the exception of mares in foal heat with a healthy foal at foot. The necessary veterinary gynaecological activities will be carried out at the stallion owner's discretion after consultation with the vet and will be invoiced separately by the vet at the breeder's expense.
The veterinary surgeons are not vicarious agents of the Stud. The breeder agrees that a vet and farrier may be called in by us in his or her name and at his or her expense if we deem it necessary.
III. Semen order
Please place your semen order either by telephone (+49 8573 336), fax (+49 8573 1018), email (info(at)holzeder.de) or via the semen order form on the internet (www.holzeder.de) by 10.00 a.m. at the latest!
On weekends, orders have to be placed by 9.00 a.m.
The following information is required for ordering semen:
1. Desired stallion
2. Name and full address of the mare owner, telephone number
3. Exact shipping address, if different from mare owner
4. Breeding association the insemination shall be reported to and the corresponding membership number. (Mating certificates must be submitted to us at the beginning of the breeding season.)
5. Name of the vet /user carrying out the insemination
6. Details of the mare: name, life number, pedigree, date of birth (for foreign mares, a copy of the certificate of ownership/equine passport)
The semen can be shipped from Monday to Saturday. Shipping on public holidays is subject to regional restrictions and therefore only possible by prior arrangement.
However, semen from the stallions standing at stud in Malching can be collected every day (also on Sundays).
The shipping costs for the semen shall be borne by the mare owner and need to be enquired separately. We expressly point out that the shipping costs for stallions that are not or not entirely stationed in Malching can be significantly higher.
For heavily frequented stallions, the Stud reserves the right to restrict the semen distribution per oestrus / mare (2 insemination doses per oestrus at the maximum) or to give priority to the mares standing at the stud in Malching.
In Germany, we primarily ship fresh semen. However, if a stallion is not available at short notice during the breeding season for special reasons (competition, illness, etc.), we will offer you to use frozen semen, where possible, or to use another stallion of the Stud, if desired. Only the stallion last used will be invoiced.
There is no entitlement to repayment of the insemination fee or a difference.
Any liability for transport damages shall be excluded. Complaints are possible on the day of delivery only and must be reported in writing.
VI. Credit regulation
In case the mare has not become pregnant or has resorbed by 1 November of the respective year, the owner will be refunded the amount (see at the respective stallion), provided that a certificate of the mare not being pregnant has been produced by 1 November of the same year. If this certificate has not been provided by then, a refund will NOT be possible. Excluded from the regulation are stallions which are exclusively used by means of frozen semen.
VII. Discount regulation
For owners having several mares inseminated, the following discount rule shall apply: for the first mare, the stud fee shall be paid in full, for each further mare we will grant a discount of € 100. The discount will be deducted from the full stud fee in case of pregnancy only.
If invoices are not paid on time, any discounts that may have been agreed shall lapse. The stud fees must then be paid in full.
VIII. Frozen semen
Frozen semen will be charged per mare and contain two insemination doses at the maximum. You will receive a mating certificate for this. After that, a new stud fee is due. There is no entitlement to a credit due to the mare not being pregnant, or deductions. Per oestrus, one insemination dose will be delivered. Before the frozen semen will be dispatched, a usage agreement for the frozen semen signed by the mare owner must be sent to us by fax or email, as must a container for dispatching the frozen semen. Otherwise, the dispatch cannot take place.
In case of non-use, the semen must be returned. The semen may not be given to third parties or used for mares intended for this purpose. If the mare owner uses the frozen semen for an unauthorized purpose this will be punished with an additional fine of € 3,000 without exception.
We assume no liability for the frozen semen containers.
The enclosed certificates of use are to be filled out and signed by the veterinary surgeon / insemination technician and returned to us immediately after insemination, along with the empty straws.
Frozen semen shall only be used for conventional artificial insemination or embryo transfer. The use of the semen for ICSI or other advanced reproductive techniques is permitted with the prior written consent of Holzeder Stud only.
As of 2019, the new EU Animal Breeding Regulation requires genetic tests for WFFS for all stallions used in breeding. Warmblood Fragile Foal Syndrome (WFFS) is a hereditary weakness of the connective tissue. The affected foals are not viable. Of course, all our stallions have been tested. You can find the results on our homepage www.holzeder.de or you can ask about them by telephone. However, we would like to point out that there is no reason at all to panic!
Of course, we and the veterinary surgeon in charge, Dr. Feigl, telephone +49 (0)171 7778145, are at your disposal for any questions you might have. Please do not hesitate to get in touch!
The liability of the stallion owner shall be excluded. Holzeder Stud shall only be liable in case of intent or gross negligence. The exclusion of liability shall not apply if personal injuries occur which are caused by at least a negligent breach of duty by the Stud or its vicarious agents. It also shall not apply to other damages caused by a grossly negligent breach of duty by the artificial insemination centre or its vicarious agents.
XI. Place of performance and place of jurisdiction
If the customer is a merchant and the disputed business relationship is attributable to the operation of their commercial business, the Stud may sue the customer at the court responsible for it.
The Stud itself can only be sued by the customers at the court responsible for the Stud.
All rights and obligations arising from the contractual relationship and in connection therewith shall be governed by non-unified German law (BGB/HGB law).
Validity of the UN Convention on Contracts for the International Sale of Goods CISG: The United Nations Convention on Contracts for the International Sale of Goods (dated 11.04.1980) shall be excluded.
XII. Notice of defects
Obvious defects of the delivered semen must be reported immediately upon receipt of the goods, otherwise the assertion of the warranty claim shall be excluded. The timely dispatch of the notice of defects or notification shall be sufficient to meet the deadline. For merchants, §377 HGB (German Commercial Code) shall apply.
XIII: Reservation of proprietary rights
With consumers, the Stud shall retain ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the Stud shall retain ownership the goods until all claims arising from the current business relationship have been settled in full.
XIV. Additional agreements
Additional agreements between Holzeder Stud and the customers shall be valid only if they have been made in writing.
Stud fee and invoicing for foreign countries
Semen will only be dispatched against advance payment of the full stud fee plus shipping costs, depending on expenditure, as well as the costs for issuing the veterinary certificate. We reserve the right to charge any additional costs for the dispatch of semen. If payment has not been received by the date of the order, no shipment will be made.
XV. Bank details
Account holder: Hengststation Holzeder
VR Bank Rottal Inn eG, Account No. 7303270 (sort code: 740 618 13)
IBAN: DE96 7406 1813 0007 3032 70
Shipping costs within Germany:
Fresh semen € 35.00
Shipping costs to Austria:
Fresh semen from € 48.00
Shipping costs for frozen semen, other foreign deliveries as well as weekend deliveries on request!
XVI Written form clause
The parties agree that no verbal ancillary agreements have been made. Amendments and additions as well as a cancellation of this contract require the written form to be legally effective. This shall also apply to a waiver of the written form requirement.