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

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TERMS AND CONDITIONS

Elite Stallions (UK) Ltd

By placing an order, you (the “Customer”) agree to these Terms and Conditions. All orders are subject to these Terms, which shall prevail over any inconsistent terms proposed by the Customer unless expressly agreed in writing by a director of Elite Stallions (UK) Ltd (“ES”).

1) Prices, Terms and Availability

1.1 All prices, terms and stallion availability are subject to change. The Customer must confirm these with ES immediately prior to ordering and payment.
1.2 A nomination constitutes the purchase of the right to order semen for the relevant stallion during the applicable breeding season in accordance with the published stud terms, subject to availability and compliance with these Terms.

2) Payment

2.1 Payment is required in full at the time of nomination unless otherwise agreed in writing. No semen will be dispatched prior to full and cleared payment, including health certificates and delivery charges.
2.2 ES does not charge for debit or credit card, electronic transfer or bank transfer payments. Payments made by cheque must be cleared before any semen can be dispatched.
2.3 All sums due shall be paid in cleared funds without deduction, set off or counterclaim unless agreed in writing.
2.4 Where more than one invoice or balance is outstanding, ES may allocate any payment received to such invoice(s) or balance(s) as ES determines, irrespective of any instruction or reference provided by the Customer.
2.5 Acceptance of part payment shall not constitute a waiver of ES’s right to recover the remaining balance.

3) Covering Certificates and Documentation

3.1 No Covering Certificate, Breeding Certificate, Service Certificate, confirmation of nomination, or any document required for registration of a foal or embryo shall be issued unless and until all sums due to ES from the Customer (on any account) have been paid in full in cleared funds.
3.2 ES reserves the right to withhold such documentation where any sum remains outstanding in whole or in part. Such withholding shall not constitute a breach of contract.

4) VAT

All fees are subject to VAT at 20 percent unless otherwise stated.

5) Information and Advice

Customers are presumed to have read all information and advice imparted verbally or in writing by ES.
ES uses reasonable endeavours to ensure that all information provided is accurate. However, ES cannot accept liability for any incorrect or incomplete information. Customers are advised to verify all information independently and to discuss matters with their veterinary adviser.

6) Stud Terms and Reproductive Techniques

6.1 All chilled and frozen semen supplied are subject to the terms offered by the supplying stud.
6.2 Terms for embryo transfer, ICSI or other advanced reproductive techniques may differ and are available on request.
6.3 ES must be informed if semen is to be used for embryo transfer, ICSI or any other advanced reproductive procedure. A stud fee is usually payable for each pregnancy or embryo.

7) Use of Nomination and Attempts

7.1 A nomination grants the right to order semen within the relevant breeding season subject to the applicable stud terms.
7.2 Where stud terms allow multiple attempts within a season, such attempts must be actively requested by the Customer during that season and remain subject to stallion availability and stud conditions.
7.3 Failure by the Customer to request further semen within the breeding season shall not give rise to any refund, credit or reduction in stud fee.
7.4 If a stallion becomes unavailable during the season, ES shall use reasonable endeavours to offer semen in exchange from the same supplier (of the same or lesser value) or otherwise apply the stud’s published terms.
7.5 No refund shall arise solely because the Customer elected not to request further deliveries.

8) Refunds and Order Changes

8.1 ES provides no product exchange or money back guarantee. Once payment has cleared the order cannot be refunded or exchanged except as expressly provided under applicable stud terms.
8.2 Where 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.
8.3 In the event ES cancels an order, the full amount paid shall be refunded unless semen has already been delivered, in which case the refund shall be reduced by the value of goods received.

9) Ownership of Frozen Semen

Frozen semen dispatched either on a pregnancy basis or as a replacement for chilled semen remains the property of the stallion owner at all times and may not be sold to or used by a third party.
Unused frozen semen must be returned by 1 October at the end of each breeding season and the Customer shall be liable for all associated costs.

10) Delivery, Courier Services and Risk

10.1 Liability and risk for semen and any container it is transported in is the responsibility of the relevant stud prior to despatch, the transport company whilst in transit and the person or company to whom the semen is delivered from arrival.
10.2 UPS delivery is not available to all areas. Shipments to addresses where UPS is not available must be sent with an alternative courier.
10.3 Where possible, chilled semen will be ordered on a pre noon or pre 2pm service, depending on availability. Some addresses are not eligible for these services; in such cases semen will be dispatched on a standard next day service and may arrive at any time until 7pm.
10.4 Timed deliveries are not guaranteed by couriers.
10.5 Where a shipment booked to arrive on a pre noon or pre 2pm service does not arrive by that time but arrives on the scheduled day by 7pm, the Customer is not entitled to compensation or insurance claim and the full shipment charge remains payable.
10.6 ES accepts no liability for the time of delivery of semen.
10.7 ES does not provide compensation for any loss or costs arising from late delivery, including but not limited to veterinary, livery or transport costs.

11) Liability

11.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or any liability which cannot lawfully be excluded.
11.2 Subject to clause 11.1, ES shall not be liable for:

• loss of profit, business, opportunity or goodwill
• indirect or consequential loss
• failure to achieve pregnancy
• acts or omissions of supplying studs, veterinary surgeons, AI technicians or transport providers
• stallion unavailability

11.3 ES’s total liability in connection with any order shall not exceed the total amount paid in respect of that order.

12) No Guarantee of Pregnancy

No guarantee of pregnancy is given by ES under any circumstances.

13) Certification and Regulatory Matters

13.1 ES is not liable if the supplying stud fails to include original EU health certification.
13.2 It is the responsibility of the attending veterinary professional to ensure correct documentation is included.

14) Stud Book and Licensing Matters

ES is not responsible for customers who cannot obtain full breeding papers where a stallion has been licensed but has not completed a performance test or is subsequently removed from a stud book.

15) WFFS Status

ES will make reasonable endeavours to display the Warmblood Fragile Foal Syndrome status of stallions but cannot be held responsible for the accuracy of such information or if a stallion is later tested or revealed to have tested positive for the WFFS mutation.

16) Discounts and Credits

Where a discount has been applied to a stud fee charged in two parts, the total of both parts will be charged in advance. Any refund due shall be the amount paid less the full booking fee.
Where a credit system applies, credit for the following year shall be calculated based on the amount paid and shall not include the value of any discount.

17) Veterinary Certification Deadlines

Where stud terms require veterinary certification of non pregnancy by 30 September, it is the mare owner’s responsibility to ensure certification is supplied in writing or by email on or before that date. Failure to do so shall result in forfeiture of any refund or credit.

18) Right to Refuse Orders

ES reserves the right to refuse to accept any order and to cancel any order at its discretion.

19) Third Party Endorsement

ES does not endorse or recommend any third party referred to in its materials and is not responsible for third party actions.

20) Governing Law

These Terms are governed by the laws of England and Wales.
Nothing in these Terms affects statutory rights under the Consumer Rights Act 2015.

Credit Control and Payment Variation

Where, acting reasonably, ES considers that a breeder presents an increased credit risk due to prior late payment, non-payment, disputed invoices, chargebacks, returned payments, or administrative recovery costs, ES reserves the right to vary the breeder’s payment terms at variance to any other requirement or terms.
Such variation may include requiring:

• payment of all or part of the stud fee in advance;
• payment in cleared funds prior to semen dispatch; or
• alternative payment arrangements as notified in writing.

Where advance payment of the full stud fee is required and a valid veterinary certificate confirming non-pregnancy is received in accordance with the covering conditions, any gestation component not otherwise due shall be refunded.
Any variation of payment terms shall be notified to the breeder prior to semen dispatch.

Company Number: 9402852
VAT Registration No: 203937321
Registered Office: West Newton, Zeal Monachorum, Crediton, Devon, EX17 6LL
Contact Name: Lorna Wilson
Contact Telephone: 01837 880100 or 07967 202174
Email Address: info@elitestallions.co.uk