Fugato SW Service Application Form and Contract 2017/18 Season This completed form and a copy of the mare s registration/assessment papers must be returned to the stud prior to service. Chilled semen delivery orders must be received by email or phone at least 24 hours prior to collection. Mare must be scanned for viable ovulation date prior to semen being requested. Semen will not be dispatched if the mare has not been scanned by a vet. Priority will be given to NZ Hanoverian mares, NZWA mares and successful competition mares. Owner s Details: Owner/s name/s Address: Phone (h) Mobile (m) Phone (w) Email Mare s Details: Mare name Year of birth Breed Mare s Registered NZ Hanoverian No. Or NZWBA Registration No. ESNZ No. Copy of breed papers is attached 7213 3
Please draw the white markings and brands of your broodmare on the diagram below Mare physical Description: Brands: Competition highlights: Mare Status Maiden Not in foal Currently in foal to Missed Slipped Approximate due date Approximate date when semen will be required: Mare Owner to collect semen from Sterling Warmbloods Transported chilled semen to be sent by Courier Chilled semen to be Airfreighted - nearest domestic airport Physical address where semen is to be delivered if by courier 7213 4
Inseminating Vet s name Inseminating Vet s Practice Contact details for Inseminator Phone (w) Mobile (m) I/we have read and accept the terms and conditions of service as stated on the Stallion Service Contract for Fugato SW. Owner s/breeder s signature(s) Date: 7213 4
Stallion Service Contract for Fugato SW This document is a binding contract between Sterling Warmbloods Limited (Sterling) and the person described as the owner (the Mare Owner) in the Service Application Form (the Application Form) submitted by the Mare Owner and agreed to by Sterling. The terms and conditions in this Agreement are incorporated by cross-reference into the Service Application Form. Together they form the one agreement. Definitions In this Agreement: Fugato means Fugato SW, an Oldenburg stallion owned by Sterling whose breeding has previously been disclosed by Sterling to the Mare Owner. Live Foal Guarantee means the right of the Mare Owner to receive another service from Fugato in the event that: (a) (b) (c) the Mare does not become pregnant as a result of the service from Fugato, or if she does become pregnant she loses the foal during the pregnancy, or a foal is born it dies within 24 hours of birth, and the mare is attended by a suitable attendant during the foaling process. Mare means the mare identified in the Service Application Form, and includes any replacement mare approved by Sterling. Owner includes any lessee of a Mare with authority to have her put in foal. Season means each period from 1 September in one year to 15 March in the next year. Type of Service Sterling offers only chilled semen from Fugato, and will not service outside mares on its premises in Clevedon. The Owner must keep Sterling informed of the likely day or period of days during which collection is likely to be requested, and in any event Owners must give at least 24 hours notice in advance to Sterling of when they wish the semen to be collected. Sterling will try to meet the requested time, but cannot always guarantee this. The Mare must be scanned to accurately predict ovulation by a vet prior to ordering semen. Generally Fugato will not be available for collecting semen on dressage competition days at shows, and extra advance warning must be given if semen is needed during the Christmas and New Year period. 7213 5
Fees Booking Fee The Owner must pay a non-refundable Booking Fee of $250 (inclusive of GST) to be eligible for a service from Fugato. The Booking Fee must be paid well in advance of the proposed service, and once the Application Form has been countersigned by Sterling then the Booking Fee becomes due and payable. A failure or delay in paying the Booking Fee will mean that the owner may not be in the queue for Mares accepted for service during any particular Season. Service Fees A Service Fee of $1,895 (including GST) must be paid in cleared funds before any semen will be provided to the Mare Owner. The Service Fee includes the fee for the first collection of semen. Subsequent Collection Fees A subsequent collection fee of $250 plus GST will be payable where the first collection does not result in a live foal and the Live Foal Guarantee applies. Transport Fees and Costs Sterling will charge the Mare Owner a transport fee to transport the semen to the Mare Owner (whether for the first collection or subsequent ones). The amount of the fee will depend upon the location of the Mare Owner. If the Mare Owner is located within 50 kilometres of Sterling premises, then the fee will be $75 (including GST) and if between 50 and 100 kilometres then the fee will be $150 (inclusive of GST). Distances of between 100 and 150 kilometres will be charged at $250 (including GST). If the Mare Owner is located more than 150 kilometres from Clevedon, then unless other arrangements are agreed the semen will be delivered to Auckland Airport (freight office) for transporting to an airport convenient to the Mare Owner. All costs of the flights and the pickup will be payable by the Mare Owner. The transport fee for the delivery from Sterling to Auckland Airport will be $50 plus GST. The Owner has the right instead to pick up the semen themselves from Sterling in Clevedon. If the Mare Owner picks up the semen it must be taken directly from Sterling to the Mare to allow for insemination to occur as quickly as practicable. All payments are to be by direct credit to the bank account of Sterling. Sterling will not usually accept cheques or credit card payments. Owners agree that they will courier back to Sterling, within 48 hours of receipt, the empty insulated container which contained the semen, such courier to be at the Mare Owner s cost. Any loss or damage to the insulated container or other shipping container is to be borne by the Mare Owner. The risk of loss or damage to the semen passes from Sterling to the Mare Owner at the time the semen leaves Sterling premises, irrespective of whether the semen is being couriered by 7213 6
employees or contractors of Sterling or by a third party courier company, or whether the Mare Owner has uplifted the semen themselves. All veterinary costs are for the account of the Mare Owner. Sterling will not engage the services of a vet for collections. Sterling shall have no liability whatsoever for any matters beyond Sterling s control, and shall have liability only for direct costs and losses suffered as a result of its negligence or breaching the terms of this Agreement. Live Foal Guarantee Every service has the benefit of the Live Foal Guarantee. The Mare Owner is not allowed to take advantage of the Live Foal Guarantee unless the Mare Owner has furnished to Sterling a certificate from a qualified veterinarian confirming that the circumstances referred to in the definition of Live Foal Guarantee have occurred. Where the foal was born but did not survive 24 hours then before the Mare Owner is eligible to take advantage of the Live Foal Guarantee the Veterinarian s Certificate must confirm that the mare was adequately attended during the birth of the foal and that the person attending the birth of the foal was a competent veterinarian or was another person with experience and skill in the birthing of foals. Mares left to foal unattended will not qualify for the Live Foal Guarantee. If the Mare Owner wishes to take advantage of the Live Foal Guarantee then the Mare will be entitled to another service during the same Season if there is sufficient time (as to which Sterling shall decide) or, if there is not sufficient time, in the following Season. If the second service takes place in the same Season then the Mare Owner does not have to pay a new booking fee (but a collection fee will apply), although if it is in the next or a subsequent season then a booking fee (and a collection fee) will apply. In either case transport fees and costs will also apply. If the second or subsequent service is unsuccessful (i.e., the circumstances amounting to a Live Foal Guarantee continue to apply in relation to the second service), then the Mare Owner shall be entitled to a further service or services, but not to any further services after 3 years from the date of the original service. Mare Owners shall have the right to substitute a different Mare for the purpose of taking advantage of the Live Foal Guarantee provided they furnish to Sterling a certificate from their veterinarian confirming the vet s opinion that impregnating the Mare and bringing it through pregnancy to a live foal could reasonably lead to medical problems for the Mare or the foal and could foreseeably give rise to a further claim under the Live Foal Guarantee. The substitute Mare needs to be approved by Sterling. If the Mare, having been inseminated from Fugato s semen, dies in a situation where a live foal is not born then for the purposes of the Live Foal Guarantee the Mare Owner shall be able to substitute a different suitable Mare (and the suitability is to be approved by Sterling in its sole discretion). 7213 7
If Fugato dies or is, in the opinion of Sterling, considered to be unsuitable for breeding then Sterling shall notify all Mare Owners who have made bookings in order to cancel the bookings, and all booking fees will promptly be refunded. Where a Mare Owner is in those circumstances entitled to a Live Foal Guarantee but has not yet made a booking for a further service Sterling shall in addition refund three quarters of the originally paid Service Fee. If the ownership of a Mare changes after being inseminated with Fugato s semen then the new owner shall not be entitled to the benefit of the Live Foal Guarantee unless the new Owner has agreed in writing, by no later than one week following the date of change of ownership, on terms satisfactory to Sterling to comply with the provisions of this Agreement. Those provisions include, without limitation, the ones relating to gelding of colts. In any event, all Mare Owners shall promptly notify Sterling of any change of ownership of the Mare which occurs at any time when it is possible that the Live Foal Guarantee might apply (i.e. during the pregnancy or within 24 hours of birth of the foal). Certificate of Service Sterling will provide a Certificate of Insemination for the Mare Owner with each delivery of semen. Sterling will also provide a Certificate of Service (for stud book registration purposes) which will be sent to the Mare Owner prior to the foal being born. The Certificate of Service will be provided only if all required forms have been correctly completed by the Mare Owner (i.e. including all relevant information about the Mare) and if all fees and other moneys owing by the Mare Owner have been paid in full. After each Season Sterling will be submitting a stallion return to the New Zealand Warmblood Horse Association (NZWHA) and to the New Zealand Hanoverian Association. This will be done so that those organisations are aware of Mares bred to Fugato during the relevant Season. Sterling reserves the right to refuse any particular Mare for insemination, and without being obliged to give any reason. Gelding The Mare Owner agrees that if a colt is born to the Mare as a result of the insemination then the Mare Owner must ensure that: (a) (b) the colt is gelded by the age of 2 years, and the colt will at no time be used for breeding purposes, whether commercially or for private purposes. This is essential to maintain the integrity of the breeding lines of Fugato. Mare Owners agree to notify Sterling once the gelding has been completed, which notification is to be accompanied by confirmation from a veterinarian to the same effect. A failure to geld the colt within the required time period shall result in the Mare Owner being liable to pay compensation to Sterling, by way of liquidated damages, of $20,000 plus any applicable GST. The payment of such sum does not relieve the Mare Owner of the obligation to geld the colt. 7213 8
Owners who sell their colts before gelding must make the new owner aware of these provisions, as the Mare Owner remains liable to Sterling to ensure that the gelding occurs and, if it does not occur within 2 years, to pay the compensation mentioned above. In addition to the Mare Owner s obligation to pay the compensation to Sterling, Sterling shall be entitled to take legal action to prevent any colt born as a result of the insemination from itself inseminating any Mare and/or to obtain a court order requiring the gelding of the colt. The cost of any such legal action shall be borne by the relevant Mare Owner. Miscellaneous If the Mare Owner fails to pay any amount owing to Sterling when due then the amount unpaid will bear interest from the day which is 5 days after the due date until payment in full at the rate of 14% per annum. Any dispute between the Mare Owner and Sterling shall be resolved amicably and in good faith discussions if that is possible. If agreement is not reached as a result of the discussions then either party may require that the matter be sent to mediation in Auckland with a mediator being appointed by the President for the time being of the Auckland District Law Society. The costs of the mediator will be borne equally unless the mediator directs that one party should pay all or a greater share of the costs. These terms and conditions are effective as of May 2017 7213 9