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.
1) All prices and terms, and the availability of stallions are subject to change. The Customer must confirm these with ES immediately prior to ordering and payment.
2) Payment is required in full at the time of nomination and no semen will be dispatched prior to full and cleared payment, including health certificates and delivery charges. 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.
3) All fees are subject to VAT at 20% unless otherwise stated.
4) 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 and advice provided by it is accurate. However, ES cannot accept liability for any incorrect information. Customers are advised to verify the accuracy of all information themselves, and to discuss all issues with their vet as appropriate.
5) All chilled and frozen semen supplied are subject to the terms offered by the supplying stud.
6) Terms for embryo transfer, ICSI, or other advanced reproductive techniques may differ and are available on request. Elite 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.
7) ES provides no product exchange or money back guarantee. Once payment has cleared the order cannot be refunded or exchanged.
8) Semen advertised by ES may be unavailable at times without notice. ES 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.
9) 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 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.
10) Liability and risk for the 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.
11) Liability & loss are specifically excluded for:
11.a) Losses that were not foreseeable to both parties when the contract was formed
11.b) Losses that were not caused by any breach on the part of ES, including but not limited to those in clause 10.
12) ES 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.
13) ES 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.
14) Time of delivery is the responsibility of the relevant stud and transport company. ES 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. ES 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.
15) UPS delivery is not available to all areas; shipments to addresses where UPS is not available must be sent with a different courier.
16) Where possible, chilled semen will be ordered on a pre-noon or pre-2pm service, depending on service availability. Some addresses are not eligible for pre-noon or pre-2pm delivery; for these addresses the semen will be dispatched on a standard next-day service and may arrive at any time until 7pm.
17) When a shipment booked to arrive on a pre-noon or pre-2pm 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.
18) ES 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.
19) No guarantee of pregnancy is given by ES under any circumstances whatsoever.
20) ES 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 ES.
21) In the event that ES 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.
22) ES is in no way endorsing or recommending any third party referred to on the website or contained in the information provided by ES, and ES is not responsible or liable for any third party's actions.
23) All orders placed are subject to the laws and jurisdiction of England and Wales.
24) ES 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.
25) ES 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.
26) Where a discount has been applied to a stud fee which is charged in two parts (booking fee and pregnancy fee), the total of both parts will be charged in advance in the normal way. If the mare is not in foal, any refund due will be the amount paid, less the full amount for the booking fee.
27) 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.
28) Where the terms for a stallion state that veterinary certification of non-pregnancy must be received by 30th September for a refund or 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 30th September, it will be assumed that the mare is in foal and the mare owner will forfeit any claim to a refund or credit.
29) These Terms and Conditions do not supercede the consumers’ rights as per the Act of 2015.
All orders placed are subject to the laws and jurisdiction of England and Wales. Elite Stallions (UK) Ltd is a Company Registered in England and Wales.
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: firstname.lastname@example.org