STALLION SERVICES - TERMS AND CONDITIONS
A non-refundable / deductible fee is required when booking. Please note that no semen will be collected and shipped until full service fee is paid and cleared along with collection fee and freight charges. A copy of the mare’s papers need to supplied as well. If your AQHA mare is listed with PHAA, a PHAA Service Certificate will be provided along with AQHA
. The Owner agrees to breed the listed mare to the stallion during the designated breeding season ending December 31st for the specified stallion service fee, which includes a non-refundable booking deposit, that is due with the contract. The amount is dependent on the stallion that you are breeding to. During the term of this contract, the breeder will provide all services in accordance with accepted industry standards, including but not limited to hiring a veterinarian at the owner’s expense to care for owner’s horses. Booking fee plus the balance is payable prior to shipment of semen or live cover of mare. Shipping costs at the expense of the owner and will vary depending on destination. Shipping and collection fees must be paid in full prior to shipment of semen. All veterinary services, semen collection, handling and shipping are at the expense of the owner. Collections will be carried out by Mid Coast Equine Reproduction Centre (Macleay Valley Veterinary Services), KEMPSEY NSW. A Live Foal Guarantee (LFG), offered by the breeder in the stud fee, shall be provided if the mare is not in foal, produces a foal that is stillborn or is unable to stand and nurse or resulting death within 7 days of birth. The breeder is subsequently held harmless from all liability. The owner will receive a return service in the year following only. The owner is responsible for all veterinary collection handling fees for any return breeding. Veterinary fees for collection, handling and freight must be paid to the veterinarian or Smiths Creek Paint Horses by the owner prior to any return breeding. If necessary an alternative mare may be substituted in that year by agreement with the breeder. It is Smiths Creek Paint Horses policy to not breed overo mares to overo stallions to inhibit the possibility of producing a lethal white foal. Smiths Creek Paint Horses recommends that OLWS negative tested mares only be used for breeding. Smiths Creek Paint Horses has the right to refuse a LFG if the owner’s mare is overo positive. The breeding mare should be regularly vaccinated and in good physical and sound breeding condition. The breeder must be informed of any foal death within 7 days and miscarriage within 30 days by certified letter, declared and identified by a veterinarian. The mare must not have had her labour artificially induced. The breeder must have been allowed adequate time to impregnate the mare through at least 3 heat cycles. The mare must be ultra-sounded for pregnancy within 17 to 21 days following breeding and again at 30 to 45 days. All services herein including INSEMINATION ARE TO BE PERFORMED BY A LICENCED VETERINARIAN. A breeder’s certificate will be issued after a 45 day positive pregnancy test and before July the following year after all costs and charges have been paid and when all PHAA/AQHA documentation has been completed. Should the stallion die, become unfit for service or be sold, the breeder’s liability is discharged fully by the return of the balance of the service fee on behalf of the stallion’s inability to breed. In the event of death of the specified mare tested in foal a return service may be given to the mare owner at the time. In the event of sale of the mare tested in foal notification must be given to the stallion owner upon sale of the mare within 21 days to enable Live Foal Guarantee. Responsibility for insurance and risk of loss passes to the mare owner with this contract. The mare owner assumes the unavoidable risks inherent in all horse related activities, including but not limited to accident, theft, illness, death, loss, damage and injury to the semen, shipping container, owner’s horse(s), owner and family members. The owner agrees to look solely to his/her insurance, if any, for compensation for any such loss and further agrees to indemnify and hold harmless, the stallion breeder, stallion owner, their families and employees. In the event it becomes necessary to refer debts arising from this contract to a solicitor for collection, or if suit is instituted hereon, the owner agrees to pay all reasonable costs and legal fees incurred in the suit or collections. Payment past due thirty (30) days will be considered a default and the breeder is entitled to a possessory lien against owner’s horse(s) and in this respect, the owner hereby appoints the breeder as the owner’s attorney with the power to sell the mare and/or any progeny if such fees or charges are unpaid as aforesaid and to execute all necessary documents to achieve this end. Owner further agrees that this contract is made and entered into the state of New South Wales and that it shall be interpreted, enforced and transacted under the laws of said state regardless of the manner of breeding solicitation. The owner’s signature on this contract certifies that he/she has read and fully understands all of the terms and conditions outlined herein and accepts this contract as a legal and binding instrument on behalf of the owner, owner’s heirs, successors and assigns. This agreement constitutes the entire agreement between the parties. No other agreements whether verbal or implied, are included. This contract may not be transferred or assigned. The breeder reserves the right to reject any mare and return the booking fee if in the opinion of the breeder or the breeder’s veterinarian, the mare is unfit to be bred. The owner may substitute an acceptable mare by agreement with the breeder. The Owner shall be liable for all costs associated with the transport and care of the specified mare and substitute mare. The non-refundable Booking Fee must be paid prior to collection. A collection fee is charged per collection which includes the cost of the container. Shipments of semen will be charged per shipment. Shipping charges are an additional cost payable by the owner and will vary depending on the destination. The breeder’s responsibility is to ship the semen in a viable condition to the mare owner. The mare must be inseminated on the date of delivery by a licensed veterinarian. The semen is to be used by the designated mare only. The stallion has been blood-typed. The semen has been analysed and tested and is free from infectious and contagious disease. S***m count, motility and collections and packaging procedures met and / or exceed industry standards. Notice must be given at least seven (7) days in advance for the intent to collect semen so that prior arrangements can be made for the collection for the affective collection of semen. All shipping and delivery fees are at the mare owner’s expense. Requests for semen must be received no later than 24 hours prior to the expected shipping time by calling the stud and or veterinarian. On any donated stallion services a handling fee of $165.00 GST inclusive will apply and is payable to Smiths Creek Paint Horses prior to any collection and shipping of semen. Collection and Shipping is the responsibility of the mare Owner and payable to Mid Coast Equine Reproduction Centre (Macleay Valley Veterinary services). A fee of $66.00 GST inclusive will apply per return trip for all stallion collections should the mare not fall pregnant on the first Collection. Please do not hesitate to call or email for any questions that you may have. Smiths Creek Paint Horses will make every effort possible to ensure your business experience with us is a great one.
