Terms and conditions

GENERAL TERMS AND CONDITIONS

Order of semen

The mare owner[1] orders semen at first hand via the ordering form at Lövsta Stuteri’s website, www.lovstastuteri.com, on each stallion’s page. Ordering can also be made via e-mail to florian@lovstastuteri.com. Ordering semen from stallions available through “one mare-license” (Sw: “ett sto-licens”) must be made by e-mail to florian@lovstastuteri.com. After the order has been sent, all contact regarding the insemination will be made between the mare owners’ semen-station and Lövsta Seminstation.

Conditions for each stallion in the programme can be found at Lövsta Stuteri’s website – www.lovstastuteri.com. All foreign stallion holders have their own conditions for their stallions. A link can be found under respective stallion at www.lovstastuteri.com. Each mare owner is responsible for obtaining information regarding the conditions that apply to each stallion.

The stallions in stationed Sweden can be ordered from April 1, 2020 until August 28, 2020. Lövsta Seminstation starts accepting and receiving mares on April 15, 2020 and closes for the season on August 28, 2020. Some stallions finish their season earlier. Do not hesitate to contact Lövsta Seminstation if you have any questions.

In the event of unforeseen circumstances (illness, competition et. c.), stallions in the stallion program may not be available during the breeding season. Under such special circumstances, Lövsta Seminstation reserves the right to, depending on availability, provide frozen semen. Note that the prices may differ between fresh and frozen semen from the same stallion. Information can be found at www.lovstastuteri.com under respective stallion. If frozen semen cannot be provided, the mare owner may, by agreement with Lövsta Seminstation, change to another stallion within the stallion program. If the mare owner chooses to use a different stallion from the same stallion holder, only stallion fee for the stallion that is chosen will be charged. If the mare owner chooses to change stallion within the stallion program, but with another stallion holder, additional fees may apply.

Lövsta Seminstation cannot always guarantee the availability of certain popular stallions. However, priority is always given to mares who already started the insemination process. The stallion holders also have the right to prioritize mares that are inseminated at stallion holder’s own facilities or in their own home country.

The mare owner is responsible for providing correct information regarding the mare Lövsta Seminstation has the right to refuse the delivery of semen if the information is missing or if the information provided is incorrect.

The semen ordered may only be used for the mare specified in the order. One (1) first fee (Sw: språngavgift) applies to three cycles (Sw: brunster).

Ordering of semen from stallions stationed in Sweden shall be made on regular weekdays; Monday, Wednesday and Friday, no later than 11.00am. For mares abroad ordering shall be made on regular Thursdays no later than 9.00am.

Ordering of frozen semen

Ordering of frozen semen shall be made with two to five days’ notice depending on which stallion that has been chosen. Lövsta Seminstation has frozen semen from several stallions in the program in stock. If frozen semen needs to be ordered from abroad, shipping charge will be added. If semen containers from Lövsta are used, they must be returned within 78 hours. In case of late return, a delay fee of 100 SEK/day will be added.

Ordering of semen from foreign stallions  

Please note that the foreign semen seasons are shorter than the Swedish seasons and that stallion fees are not refundable. The season in Germany ends on August 9, 2020 and that the season in Denmark (Blue Hors) ends on August 15, 2020.

If the mare is not pregnant at the end of the season, Lövsta Seminstation can – if available – offer frozen semen. Note that the price may be changed when switching from fresh to frozen semen from the same stallion, price information is available at www.lovstastuteri.com under the respective stallion. Shipping costs will be added. If frozen semen cannot be offered, the mare owner can by agreement with Lövsta Seminstation choose semen from another stallion within the program. When changing stallion, additional fees may apply.

Ordering of semen from abroad from all countries except Denmark can be made on regular weekdays from Monday until Thursday no later than 9.00am, except for the stallion El Barone 111 where ordering must be made no later than 8.00am. from Monday until Thursday.

Ordering of semen from stallions stationed in Denmark shall be made on regular weekdays; Monday, Wednesday and Friday no later than 9.00am. Please note that foreign holidays may vary in relation to Swedish holidays.

For payment from foreign countries, the full stud fee must be paid up front before delivery. If the mare is not in foal, the full stud fee of EUR 300 will be refunded to the mare owner after Lövsta Seminstation has received a veterinary certificate no later than on October 1st 2020. A breeding certificate will only be issued after the stud fee has been paid in full.

Delivery of ordered semen:

It may be possible to have a semen delivered the same day as it has been ordered, depending on where the semen station is located. Shipping (delivery) costs vary, always ask for current prices. The shipping cost is charged per delivery.

Regarding stallions available through delivery according to the above an additional shipping cost will be charged. This also applies to mares stationed at Lövsta Seminstation. The mare owner shall pay all shipping costs.

Lövsta Seminstation collaborates with the following transport companies;

– Postnord

– Mats Hästtransport

– Jetpak

– Linklog (DHL and UPS)

– TNT

If the mare owner chooses to hire another shipping company, the customer is fully responsible for everything related to the delivery.

In case the semen is lost or damaged during the transport, the mare owner or the receiving semen station must inform Lövsta Seminstation the same day.

Lövsta Seminstation is not responsible for any damage to the semen during shipping or handling. Lövsta Seminstation is also not responsible for any delivery problems. Furthermore, Lövsta Seminstation is not under any circumstances responsible for any losses or costs incurred due to unavailable or delayed semen, including but not limited to, veterinary, delivery or shipping costs.

Pregnancy

In case the mare owner shall pay pregnancy fee for pregnancy on 70 or 90 days (see under conditions for each stallion), the mare owner is responsible for informing Lövsta Seminstation in case the mare is not pregnant after 70 or 90 days. Lövsta Seminstation is to be informed no later than on the 70th and 90th day, respectively, from the first insemination in the last cycle, via e-mail to florian@lovstastuteri.com. Lövsta Seminstation is not responsible for any missing report from the receiving semen station. In case the report is not sent or arrives too late at Lövsta Seminstation, the pregnancy fee for 70 and 90 days will be charged.

If a veterinarian during the examination finds that mare is pregnant with twins, the 70- or 90 days fee is charged per live foal.

In case the mare is not pregnant after two inseminations, the mare owner is entitled to change to another stallion within the stallion program, by agreement with Lövsta Seminstation. However, the mare owner is not able to change to the stallions Cornet Obolensky, Comme il Faut, Chilli Willi or Blue Hors Zack. The booking fee (Sw: språngavgift) is the same for all selectable stallions within the program.

Living foal-fee

Under certain conditions, it is possible for the customer to pay a fee for living foal, a so-called “living foal-fee” (Sw: “levande föl-avgift”), instead of the normal fees.

The mare owner must inform Lövsta Seminstation that he or she wants to pay a living foal-fee by e-mail to florian@lovstastuteri.com, before the first insemination.  In case such message has not been sent to Lövsta Seminstation, the mare owner is charged a 70- or 90-day fee. The mare owner ay to change these payment conditions until the mare is inseminated.

For stallions available under one mare-license, the following applies; The mare owner must inform Lövsta Seminstation that the living foal-fee has been chosen by e-mail to florian@lovstastuteri.com, before the first insemination. In the absence of notice, the mare owner is charged 70- or 90-day fee.

Lövsta Seminstation invoices the customer for the living foal-fee. For mares inseminated during the breeding season 2020, an invoice will be sent latest on April 30, 2021.

Living foal-fee is charged for living foal. Live foals are defined as foals that live for at least 48 hours and are insurable. If the foal is stillborn, dies before reaching 48 hours of age or is not insurable, the mare owner is exempted from the live foal fee. Payment exemption requires that a veterinary certificate is sent by e-mail to semin@lovstastuteri.com within 48 hours from the birth of the foal. The same applies if the mare resorbs or miscarriages its foal. The veterinary certificate must then be available at Lövsta Seminstation no later than 48 hours after the foal’s death. If the mare owner fails to submit a veterinary certificate or if the certificate is sent to late, the living foal-fee will be charged.

If a veterinarian during the examination finds that the mare is not pregnant, a veterinary certificate must be sent by e-mail to semin@lovstastuteri.com. If the customer fails to submit a veterinary certificate or sends the certificate to late, the living foal-fee will be charged.

If a veterinarian during the examination finds that the mare is pregnant with twins, the live foal-fee is charged per foal born alive.

Embryo Transfer (ET)/Intracytoplasmic Sperm Injection (ICSI)

The mare owner is responsible for informing Lövsta Seminstation that the ordered semen will be used for ET or ICSI. The customer is not entitled to use the semen for ET or ICSI without explicit consent from the concerned stallion holder. The mare owner is obliged to follow specific conditions regarding ET and ICSI from each stallion holder.

A separate ET contract is to be drawn up between the mare owner and Lövsta Seminstation. For stallions stationed in Sweden and stallions owned by Lövsta Stuteri, two 70-/90-day fees or two live foal-fees apply for two flushed embryos.

In case two embryos are flushed during ET, different conditions apply for each stallion holder. It is up to the mare owner to seek information about the costs. Lövsta Seminstation charges the mare owner per flushed embryo.

Registration documents

The foal’s registration documents are available for the mare owner when all fees have been paid. Lövsta Seminstation is entitled to retain all documents relating to the insemination until all fees have been paid in full. The customer accepts this by ordering semen and initiating insemination.

Payment

For private persons, 10 days payment terms apply. For companies, 30 days payment terms apply. Complaints regarding the invoice must be made within the payment period. The customer is not entitled to complain about the invoice after the expiration date.

All questions regarding invoices and any complaints shall be sent to semin@lovstastuteri.com.

Administration fee may apply if changes to the invoice are required due to insufficient or incorrect information provided by the mare owner.

The first fee must be paid when ordering the semen, regardless of whether the semen is used or not.

The cost of all the stallions within the stallion program is charged in SEK.

VAT will be added to all costs.

For the possibility of living foal-fee, see above under “living foal-fee”.

For mares stationed outside Sweden, the entire fee must be paid before the first order of semen is made.

Any complaints from the mare owner must be made before the first insemination. After the first insemination has been made, Lövsta Seminstation and, if applicable the stallion holder, are entitled to charge current fee/fees.

In the event that mare owner makes use of Lövsta Seminstation’s license without ordering the semen from Lövsta Seminstation, Lövsta Seminstation has the right to charge the mare owner SEK 1 000 + VAT for each use.

Offers and discounts

Discounts are given only in connection with stallion shows arranged by Lövsta Stuteri. Application for discount must be made by sending an e-mail to semin@lovstastuteri.com according to information on www.lovstastuteri.com. The mare owner can make one choice of stallion per mare. If the information in the e-mail is incorrect, no discount will be given. It is not possible to combine multiple discounts on one and the same mare. It may be possible to change stallion within the stallion program and receive the discount that was acquired for the other stallion. The customer shall always contact Lövsta Seminstation via e-mail to semin@lovstastuteri.com for information regarding the possibility of changing stallion within the stallion program.

Discount on stallions with “one mare-license” does apply only to the 70- or 90-day fee or the living foal-fee.

Information from Lövsta Seminstation and other stallion holders

The mare owner is responsible for having read and understood all information and advice provided by Lövsta Seminstation. Lövsta Seminstation disclaims responsibility for any printing errors.

The mare owner is also responsible for having read and understood all information and advice provided by other stallion holders.

The mare owner shall hold Lövsta Seminstation and its officials, board members, employees and representatives indemnified against any third-party claims arising out of, or related to, the customer’s violation of Lövsta Seminstation’s or stallion holder’s conditions.

Force majeure

Lövsta Seminstation disclaims all responsibility for errors or delays in fulfilling its obligations to the customer to the extent that such failure or delay is caused by a force majeure event.

By force majeure is meant war, political unrest, strike, lockout, blockade, fire, accident, government decision or other circumstance beyond Lövsta Seminstation’s control and whose adverse impact Lövsta Seminstation could not reasonably eliminate.

Invalidity of provision

If any provision or sub-provision in an agreement between the mare owner and Lövsta Seminstation or in these General Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed to be modified to the minimum extent necessary to make it valid, legal and enforceable. If such a modification is not possible, the relevant provision or sub-provision shall be deemed to be deleted. Any modification or deletion of any provision or sub-provision under this clause shall not affect the validity and enforceability of the remainder of the agreement or these General Terms and Conditions.

Data protection

The mare owner consents to the collection and handling of such personal data which is necessary to fulfil the commitments of Lövsta Seminstation. The mare owner gives his express consent to Lövsta Seminstation to collect, retain and process personal data in accordance with the terms of the Swedish laws.

Full terms

These terms and conditions apply and are included in the agreement between the mare owner and Lövsta Seminstation and may only be amended or replaced by a written agreement between the mare owner and Lövsta Seminstation where the parties explicitly agree on the change. These conditions preclude the application of contrary custom or industry practice.

Stallion holders with whom Lövsta Seminstation cooperates have their own terms and conditions, which the mare owner is bound by, without such terms and conditions being incorporated into these General Terms and Conditions.

Applicable law and competent court

Disputes arising as a result of the contractual relationship between the mare owner and Lövsta Seminstation shall be assessed in accordance with Swedish law and finally settled by a court of law, where Stockholm District Court shall be the first instance.

 

[1] The customer, usually the mare owner or the breeder

day will be added.