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Terms & Conditions

Terms and Conditions of Premier Stallions

 

 

By placing an order you (the “Customer”), are agreeing to the Terms and Conditions of Premier Stallions.
All orders are subject to these terms and conditions which cannot be varied.

1) All prices and terms, and the availability of stallions are subject to change. The Customer must confirm these with Premier Stallions immediately prior to ordering and payment.


2) Payment is required in full at the time of order and no semen will be dispatched prior to full and cleared payment, including health certificates and delivery charges. Premier Stallions does not charge for credit or debit card, electronic transfer or bank transfer payments. Payments made by cheque must be cleared before any semen can be dispatched.


3) All fees are subject to VAT at 20% unless otherwise stated.

4) If the Customer wishes to use his/her VAT number for the deduction of Value Added Tax (VAT) where orders are placed from outside the UK and Northern Ireland, this VAT number and all company details pertaining to the same VAT number must be provided at the time of ordering.


5) Customers by ordering from Premier Stallions are presumed to have read all information and advice imparted verbally or in writing. Premier Stallions uses reasonable endeavours to ensure that all information and advice provided by it is accurate. However, Premier Stallions cannot accept liability for any incorrect information.

 

6) Customers are advised to verify the accuracy of all information themselves, and to discuss all issues with their vet as appropriate.

7) The Customer may place orders for Services by phone 07834633055 or via email to info@premierstallions. The email or record of the telephone communication constitutes evidence of the order contained therein.

8) It is the customers responsibility to complete the order form as requested on our website.  Failure to complete required fields could lead to failure to despatch semen as required.

Details include:  Date Required, Mare Name, Mare ULEN or Passport Number, Mare Owner Name, Mare Owner Email Address, Mare Owner Address, Best Contact Number, Contact name of Veterinarian/ AI Agent, Address, Vet/ Stud Delivery Address, Vet/ Stud Contact Number, Studbook you wish to register to.

9) It is the customers responsibility following completion of order online or by email to contact Premier Stallions directly by telephone, 0783 4633 055 to finalise order and to make payment.  Failure to contact us will result in semen not being sent.


10) Terms for embryo transfer, ICSI, or other advanced reproductive techniques may differ and can be found here. Premier Stallions must be informed if semen is to be used as part of an embryo transfer, ICSI, or any other advanced reproductive procedure. Please be aware that a stud fee is usually payable for each pregnancy/embryo.

11) All chilled and frozen semen supplied are subject to the terms offered by the supplying stud.

12) Premier Stallions provides no money back guarantee. Once payment has cleared the order cannot be refunded.


13) Semen advertised by Premier Stallions may be unavailable at times without notice. Premier Stallions will in these circumstances use reasonable endeavours to provide semen in exchange (of the same value or a lesser value to that ordered, and only from the same supplier) or a refund, if no semen has yet been delivered under the order. In the event that semen has already been delivered under an order and semen from the same supplier cannot be provided in exchange, the mare will be required to miss a cycle.

14) In respect of frozen Semen supplied on a live foal guarantee basis, the following per dose conditions apply:  

Frozen Semen shall be available on a per-dose or per-straw basis. 3 doses of frozen Semen per mare cycle may be ordered. Advance payment in full by the Customer is required. 

All 3 straws, both USED and UNUSED must be returned to Premier Stallions along with the appropriate shipper.

15) When frozen semen is dispatched either on a pregnancy basis or as a replacement for chilled semen, the frozen semen remains the property of the stallion owner at all times and may not be sold to or used by a third party under any circumstances. Unused frozen semen and any Used Straws must be returned by 1st October at the end of each breeding season and the customer will be liable for any and all associated costs.

16) Semen supplied on a pregnancy basis will be supplied for a maximum of three cycles is supplied per mare as part of the Services.

The Customer shall inform the Company in writing by 5pm on 1 October in that year, of the pregnancy status of the mare. The Company shall only accept non-gestation statements from registered veterinarians

17) Premier Stallions will use reasonable endeavours to resolve any disputes relating to the quality or other properties of any semen, but liability for semen rests solely with the relevant stud and no guarantee of quality is provided under any circumstances.

18) Stud Terms for Live Foal Guarantee (LFG)

The LFG is for a 24 hour foal that is standing and nursing.

Conditions for this guarantee are as follows:

• The mare has been Inseminated by a qualified vet or AI technician approved by DEFRA.

• The mare has been pregnancy scanned by a qualified vet before 20 days post AI and again at approx 30 and 60 days.

• The mare has been fully vaccinated for flu & tetanus; she must also have had a full course of Herpes vaccinations. [5,7 and 9 months]

• Where the foal has been alive, a vet must have seen the foal within 12 hours of birth.

• The mare has been on a regular worming programme.

• All relevant paperwork will be required from your veterinary surgeon on headed Practice paper.

• The mare has not been exposed to other horses with known infections.

• If the mare is competed during pregnancy the LFG becomes invalid.

• If your mare does not become pregnant in this breeding season, the guarantee carries for one year, providing the mare is not attempted to breed with from another stallion.

• If the mare is breeding for ET, please speak to us regarding terms.

• If the mare dies during pregnancy, please contact us immediately.

• The guarantee applies to the stud fee only. It does not cover any veterinary, livery or postage fees.

• In the event that the chosen stallion is no longer available for whatever reason, you may choose another stallion of ours at stud. If at a more expensive stud fee, the difference is payable.

• Any relevant paperwork needed from vet will be required and checked.

The Live Foal Guarantee means that the Company commits to send/supply Semen in either fresh, chilled or frozen form to the Customer, until the mare is pregnant. Once confirmed pregnant on 1st October in the same year as insemination, no further Semen shall be supplied by Premier Stallions.

19) Where possible, chilled semen will be ordered on a pre-noon service, depending on service availability. Some addresses are not eligible for pre-noon delivery; for these addresses the semen will be dispatched on a standard next-day service and may arrive at any time until 7pm.


20) Liability and risk for the semen and any container it is transported in is the responsibility of the transport company whilst in transit and the person or company to whom the semen is delivered from arrival. 

The Customer and/or his appointed veterinarian /Artificial Insemination Technician must inspect the delivery immediately upon arrival for visible damage and report any such damage immediately and, in all events, before insemination of the mare. The Customer accepts that the Stallion Agent will not be liable for any claims by the Customer for damaged deliveries made after the insemination of the mare.

21)  Liability for the container to be returned to Premier Stallions lies with the customer and the veterinarian/ AI centre selected.  

22) Fresh/chilled Semen is delivered or supplied in an appropriate transport container (the “Fresh Container”) which at all times remains the property of Premier Stallions. 

23) The Fresh Container must be returned to Premier Stallions within 7 calendar days.

24) Frozen Semen will be delivered in an appropriate transport container (the “Frozen Container”) which at all times remains the property of Premier Stallions

25) The Frozen Container must be returned to Premier Stallions within 14 calendar days 

A penalty of €25 (twenty five euro) per day is charged on each Fresh and Frozen Container for each day it is returned late. The return date is always the day at which the container arrives at the Premier Stallions business address.

26) For orders outside of Ireland, all transport costs must be paid by the Customer before shipping.

27) Premier Stallions is not liable under any circumstances for any loss or costs incurred where semen is unavailable or delayed, including, but not limited to, veterinary, livery or transport costs.


28) Time of delivery is the responsibility of the transport company. Premier Stallions accepts no liability for the time of delivery of semen. Although the transport couriers endeavour to deliver in accordance with timed deliveries, they do not guarantee a timed delivery. Premier Stallions does not provide any compensation for any loss or costs arising from late delivery of semen, and in addition the full transport charge will still apply and is payable by the customer.


29) Shipments of chilled semen are primarily sent with DHL and these shipments are insured against consequential loss. DHL delivery is not available to all areas; shipments to addresses where DHL is not available must be sent with a different courier and are therefore not covered by insurance. Details of the insurance and how to claim can be found here.


30) When a shipment booked to arrive on a pre-noon service does not arrive by this time, but does arrive on the scheduled day by 7pm, the customer is not entitled to any compensation or insurance claim, and the shipment charge must be paid in full.

31) Premier Stallions undertakes to use all reasonable care and skill in the compilation of the Marketing Materials.

32) Any figures, descriptions, photographs, statements, illustrations,  drawings or any other matters contained in the Marketing Materials are not guaranteed to be accurate and are intended merely as guidance of products and services and therefore shall not form part of the Agreement.

33) Premier Stallions is not liable under any circumstances if the stud have not included the original EU health certification with the semen and it is the responsibility of the vet / AI Technician to ensure the correct papers are included.


34) Premier Stallions does not take any responsibility whatsoever for clients who cannot obtain full breeding papers in the event that they have used a stallion that has been licensed but has not completed a performance test or if a stallion is removed from the full studbook at any point.

35) Where a Customer uses any Semen from Stallions owned, managed or agented by the Company without the express written permission of the Company and without payment of the all fees set out in the Agreement and/or these Conditions shall be deemed to have committed a fraud and shall pay the Company a fine of €2,500 (ex. 20% VAT) in addition to the Stud Fee for the relevant Stallion.


36) Premier Stallions will make all reasonable endeavours to display the Warmblood Fragile Foal Syndrome (WFFS) status of all stallions, but cannot be held responsible for the accuracy of this information and cannot be held responsible if the customer orders semen from a stallion who is later tested or revealed to have tested positive for the WFFS mutation.

37) Premier Stallions is in no way endorsing or recommending any third party referred to on the website or contained in the information provided by Premier Stallions, and Premier Stallions is not responsible or liable for any third party's actions.

38) All orders placed are subject to the laws and jurisdiction of Northern Ireland.

39) Premier Stallions reserves the right to refuse to accept any order and to cancel any order already placed (whether semen has already been delivered under the order or not) at any time and at the sole and absolute discretion of Premier Stallions.

 

40) In the event that Premier Stallions cancels any order, the full amount paid by the Customer will be refunded, unless the Customer has already received a dose or more of semen, in which case the Customer will be refunded the full amount paid less a deduction for the value of goods received.

41) No guarantee of pregnancy is given by Premier Stallions under any circumstances whatsoever.

 

42) Neither Party shall be liable for any failure or delay in performing its obligations under this agreement to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, Acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers.


43) Where a discount has been applied to a stud fee using a credit system, the credit for the following year in the event of no pregnancy, will be calculated using the amount paid in the current year and the value of the discount will not be included.


44) In the event of non pregnancy, a veterinary certification of non-pregnancy must be received by 1st October for a credit, it is the mare owner’s responsibility to ensure the correct certification is supplied in writing or by email. If certification is not received on or before 1st October, it will be assumed that the mare is in foal and the mare owner will forfeit any claim to a credit.

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CONTACT
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Jacqui Short Boyce

Tel: 0783 4633 055

Email: jacqui@premierstallions.com

© 2019 by Prestige Stallions

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