HSB-Blendivet UG (limited liability) is a service company that offers its services to dog breeders. The services include the following areas: breeding time determination, artificial insemination, preparation and shipping of cooled semen, preparation, storage, and shipping of deep-frozen semen.
2.1. Breeding Time Determination
The breeding time is determined by the determination of progesterone from the bitch's blood according to a standardized method and is subject to a veterinary check. It is carried out according to the current rules of the skill.
2.2. Preparation and shipping of cooled semen.
The production and dispatch of cooled semen is carried out with every trick in the book and in the effort to meet the temporal requirements of the customers.
Official reasons may prevent an appointment request.
A guarantee for the successful collection of semen and the arrival of the semen at the recipient in a fertile condition cannot be guaranteed due to the various influences during transport and the impossibility of predicting the shelf life of semen prior to shipping. Accordingly, there are no price reductions for qualitatively poor semen.
2.3. Preparation of frozen semen
The owner of the male or another person, with authority from the owner, presents the male at the HSB-Blendivet and documents the ownership conditions with his/her signature
The frozen semen automatically passes into the ownership of the dog's owner Unless the latter expressly names any other owner.
The collection of the semen and the preparation of the frozen semen is carried out according to the rules of veterinary art. Within one week after the freezing process, a partial sample of the semen is thawed and the quality of the frozen semen is determined and communicated to the owner of the semen batch. If the owner of the dog is not the owner of the batch, he/she still has the right to request the results of the frozen semen batch.
The semen is automatically stored in the HSB-Blendivet UG semen bank and the general provisions for semen storage come into force.
2.4. Storage of Frozen Semen
The storage of semen takes place in an individual storage center at HSB Blendivet. An individual deposit agreement is concluded for storage (see Appendix 1).
Semen, which is collected from an ejaculate, corresponds to a batch of semen. This is filled into packaging units (vials or straws). An insemination dose is a certain number of packaging units which are used in inseminating a bitch.
HSB-Blendivet will only remove semen from this depository on the personal request of the owner and either personally surrender, ship them, use them for insemination, or destroy them.
Information about the depository will be made available to the owner online
The owner can always inform himself online about the depository with his/her personal account at www.hundesamenbank.eu. Changes in the stock at the depository will be communicated by email. Requests for a deposit cannot be resolved by phone. Inquiries via email are answered by HSB-Blendivet, if possible, within three working days. However, official reasons can also lead to longer processing times.
Difference between Semen release and Ownership transfer
The owner of the semen will release one or more insemination doses for insemination in a particular bitch or to any bitch of a particular owner. The owner remains entitled to dispose of the corresponding semen portion until the end of the use of the semen (insemination).
The owner of the semen transfers the ownership rights of a particular semen quantity to another person. The owner thus hands over any influence on the future use of semen and loses the right to information about semen stock and quality.
Ownership of the stored semen:
HSB-Blendivet is not the owner of the stored semen, but only manages it as a trustee for the owners.
Originally the owner of the dog is also owner of the semen. However, the owner can also sell a batch or parts of a batch (usually a certain number of insemination doses). HSB-Blendivet will be notified of the sale in writing, whereupon the new ownership conditions will be recorded.
HSB-Blendivet itself does not deal with the stored semen, but fulfills the semen owner's orders.
Limitation of liability for the stored semen:
HSB-Blendivet ensures safe storage of the semen. In the event of loss of semen or in the interruption of the cold chain with loss in the fertility capacity of the semen, HSB-Blendivet is liable up to a maximum of the sum of costs of the production of a semen batch. HSB-Blendivet is not liable for failed litters, which could have been caused by loss of semen in the future.
2.5. Shipping of frozen semen:
HSB-Blendivet provides suitable containers for shipping of frozen semen, or uses such containers from third parties by individual agreement.
Orders for shipping and use of semen from their own HSB-Blendivet depository
Orders for the use of semen stored in the HSB-Blendivet Depository must be timely sent to HSB-Blendivet. These are sent by mail, or, if available, via the password-protected message function from the online account. HSB-Blendivet will process orders within 14 days. In individual cases, processing may take a considerably longer time. (Examples: necessary intervention of an official veterinarian when sending semen to certain countries, no availability of a transport container due to excessive demand or delayed shipment of transport containers, other specific import restrictions in the destination country).
Order from the semen owner:
The shipping is commissioned by the owner of the semen. He/she also acts as an invoice recipient. A semen owner can arrange the dispatch of an amount of semen and at the same time enclose a transfer of ownership, according to which the ownership of a certain semen quantity changes.
It is not possible to order semen at HSB-Blendivet, since it is not a semen owner.
Order by the semen recipient:
If there is a transfer of ownership, the new semen owner (recipient of the semen) may commission the shipment and appear as an invoice recipient.
Order by a semen bank
A semen bank can send semen to HSB-Blendivet and authorize a shipment to a third semen bank. Ownership of the semen must be submitted to HSB-Blendivet. It is necessary to arrange an individual agreement, who will pay for the further transport.
Carrying out the transportation:
The transport of the semen is only carried out after advance payment (advance payment only).
Individual orders are processed in the order of the payments received.
Unless an explicitly binding delivery date has been agreed upon, our delivery dates and/or delivery periods are exclusively non-binding.
In the event of disputes concerning this contract and its execution, we agree on an arbitration court, which, according to the rules of the ZPO, settles the dispute outside of the ordinary courts.
3. Personal Data:
3.1. What types of personal information do we collect?
Personal Data collected by us includes:
Name, first name, gender, address, title, date and place of birth, nationality, telephone number(s), email address, URL / website
You can find and also change your personal data in your personal HSB-Blendivet online account under "Profile".
3.2. What other data do we collect?
According to your registration data, we collect animal data. Unless otherwise stated, you are assigned as the owner of the animals.
You can find and change the data associated with your animals in your HSB-Blendivet personal online account under "Animals".
3.3 Use of personal data
Personal data are available to each HSB-Blendivet GmbH - Breeding Time Determination and HSB-Blendivet GmbH - Canine Semen Bank partner (cooperating veterinarians). We may use your personal data as they are used in a veterinary practice (for anamnesis, examination and findings documentation, transfer of findings, invoicing).
3.4. Marketing Communication
HSB-Blendivet GmbH publishes newsletters and distributes them via email. We only want to send email messages that are useful to you, and that you would actually want to get. Therefore, you can set up your desired function in your personal online account under "profile" or send a corresponding note to the HSB-Blendivet GmbH head office (firstname.lastname@example.org, HSB-Blendivet Zentrale, Robert-Bosch-Str. 12, 65710 Hofheim-Wallau, Germany). The processing of email or postal inquiries may take 10 days and may also take longer under special circumstances.
HSB-Blendivet UG is responsible for the collection and proper storage of animal semen on behalf of breeders. The respective animal breeder agrees with a customer to transfer ownership of the stored semen and to breed with this contractual partner.
HSB-Blendivet can only apply the care in its own affairs with regard to the arrangements between the breeder who transmits semen and the breeder who receives the semen. HSB-Blendivet stores the transmitted semen with the latest refrigeration technology and sends it with transport systems that meet the technical standard that a semen properly passed into the ownership of HSB-Blendivet UG will reach the recipient properly, without the presence of outside influences.
Various animal-medical facilities are working worldwide in cooperation with HSB-Blendivet UG, and they are in turn able to obtain semen from animals in order to facilitate the best possible breeding success, and whether it is transmitted to HSB-Blendivet UG via these to recipients or to be sent directly to the respective recipient by means of HSB-Blendivet.
The basis for all regulations is the current HSB-Blendivet UG price list.
The following conditions apply to the implementation and execution of the activities of HSB-Blendivet UG:
In principle, all registrations and orders from the respective owner, eg for transfer and transmission, must be made in writing to HSB-Blendivet UG. Uncertainties, disadvantages, queries or the like shall be at the expense of the depositor or his/her contracting party.
The respective terms and conditions of HSB-Blendivet UG, which are accepted by the animal breeder for his/her contributed semen and storage, apply expressly and exclusively. The breeder also meets these conditions with his contractual partner on the basis of the business. When applying to HSB-Blendivet UG, the animal breeder makes all necessary specifications with regard to the stored animal semen. HSB-Blendivet UG is not obliged to check or supplement the information contained in the specifications. HSB-Blendivet will provide additional services such as examinations, etc., only on the basis of special written instructions from the breeder.
In principle, the breeder assumes full liability for the marketability of the semen submitted to HSB-Blendivet UG and for its shipment HSB-Blendivet UG to against his/her contractual partner.
A contractual relationship is exclusively concluded between HSB-Blendivet UG and the breeder.
Processing of the semen deliveries and the acceptance thereof shall take place after their arrival at HSB-Blendivet UG in the order of their registration. In doing so, the breeder ensures that the contributed semen arrives at HSB-Blendivet UG during working hours, so that it does not have to be stored elsewhere. In principle, the animal breeder ensures proper packaging and shipping in properly and adequately cooled conditions.
HSB-Blendivet UG will immediately notify the breeder immediately, subject to charges, if there are any concerns regarding the shipping of the animal semen and its effect on the animal semen. However, a failure to notify does not lead to HSB-Blendivet UG's liability. HSB-Blendivet UG shall carry out the accepted order as quickly as possible, taking into account the delivered animal semen. Storage is carried out at HSB-Blendivet UG's discretion in its own or other suitable storage containers. If special circumstances are to be observed, HSB-Blendivet UG will inform the breeders immediately in writing. HSB-Blendivet UG stores the accepted contributed semen according to dutiful discretion.
In principle, the storage container provided by HSB-Blendivet must be used for storage. If delivery is not carried out in this storage vessel, HSB-Blendivet UG will transfer the delivered animal semen to a storage container provided for this purpose at the expense of the breeder.
HSB-Blendivet UG will not examine the stored animal semen for its suitability, unless a separate chargeable written order is made for this purpose.
HSB-Blendivet UG can transfer the contributed semen within its own warehouse (internal or external) as required. For this purpose, HSB-Blendivet UG will note in the bookkeeping records, where the respective semen has been stored. HSB-Blendivet UG will document the storage temperature when placed into storage and during storage during the course of its warehouse inspection.
HSB-Blendivet UG does not open the packaging without express permission from the animal breeder. HSB-Blendivet UG will only open it if there is good cause. This good cause particularly exists when HSB-Blendivet UG has reason to believe that the content has to be checked.
Only the animal breeder or a person authorized by him/her in writing is entitled to request information on the stored animal semen. The information may be obtained during normal business hours.
Removal from Storage
Removing the goods from storage takes place only after prior agreement between the animal breeder and HSB-Blendivet UG (written instruction). Only the animal breeder or the person authorized by him in writing to receive the goods is entitled to receive or send the goods
Assignment of Ownership
For the purpose of transmission to third persons (recipient of the animal semen for breeding purposes), the storing animal breeder has to give HSB-Blendivet UG a written instruction expressly stating to whom and at which conditions (delivery period) the animal semen is to be delivered.
HSB-Blendivet's liability is excluded in the event of individual or non-timely deliveries, because this is caused by circumstances that HSB-Blendivet is not responsible for. In order to ensure the timeliness of the consignment, it is necessary for the respective breeder(s) to make the necessary declarations for the transmission and, where appropriate, payments necessary or due, within a period of .................. days before the necessary delivery of the semen; Declarations must be submitted to HSB-Blendivet no later than 11:00 am adequately before the calculated shipping period (.............................. days). HSB-Blendivet UG assumes no liability whatsoever for the proper reception and the proper administration of the delivered semen at the recipient animal. It must be stressed that such an artificial insemination can only be carried out by trained veterinarian staff. The corresponding declarations which must be presented to HSB-Blendivet in due time on the basis of the above provision shall include in principle the form printed on each side, the respective breeder, the comprehensive information on the animal, the declaration of the release of the animal breeder and the confirmation whether this is done with or without payment, confirmation of whether the payment has been made and the complete information on the recipient and the information given to the breeder must be in accordance with these terms and conditions, in particular for the electronic recording of the collected data. If a verifiable shipping address is not provided, all parties agree that a delivery cannot take place and HSB-Blendivet UG does not undertake any obligation to supply missing data.
The instructions will be received whether by fax or email.
With storage, the animal breeder is liable to HSB-Blendivet UG for all damages which result from improper packaging/storage of items or during the storage that lead to damage at HSB-Blendivet UG. Furthermore, he/she is liable to HSB-Blendivet UG for the suitability of the stored animal semen.
Liability of HSB-Blendivet in event of violation of the storage obligation
HSB-Blendivet UG shall only be liable for all activities on the basis of legal or contractual provisions, insofar as HSB-Blendivet UG or its vicarious agents and/or assistants are at fault. In this case, HSB-Blendivet UG is generally responsible for discharge duties. However, if damage is not been apparent on the outside, or HSB-Blendivet UG cannot reasonably be expected to investigate a cause of damage according to circumstances, the breeder or the recipient must prove that HSB-Blendivet UG caused the damage.
Exclusion of liability
Claims against HSB-Blendivet UG due to violation of this contract due to total or partial loss or damages are excluded, if
(1) the breeder or the recipient did file the complaints immediately upon delivery of the goods, in the case of externally undetectable damages, to HSB-Blendivet UG in writing immediately upon discovery,
(2) damage results from a force majeure, natural disasters, war, civil strife, or warlike events, strike, lock-out, unrest, political acts of violence, turmoil, other civil disturbances, sabotage, confiscation or interruption from higher authorities or administrative orders, and the resulting damage could not be averted with the care of a proper warehousekeeper; if damage could result from one of the aforementioned dangers, it shall be assumed, until proof of the contrary, that the damage resulted from one of them.
The exclusion still applies if the damage is caused when in the possession of the breeder (person, instructions from the breeder, or a third party representing the breeder) and/or the stored goods. This is particularly the case if the damage was caused by the natural condition of the goods, defective or missing packaging, pest infestation, internal spoilage, shrinkage, rust, mold, decay or the like. The exclusion still applies if it is damage to an insured good.
Limitation of liability
The value of the goods, which is liable to be compensated, is its market value. Insofar as HSB-Blendivet UG is liable, the amount of the damages to be awarded to the customer is limited to the value of the goods subject to compensation. For canine semen the production value applies (320.- ? per batch).
HSB-Blendivet UG's liability is limited to direct material damage. HSB-Blendivet UG is not liable for indirect damages which do not arise on the goods themselves (property damage), in particular lost profits.
If the breeder has not presented objections without undue delay and the damage is to the type of accommodation or the securing of the goods, then the liability of the warehouse keeper is excluded according to FIG. § 254 of the German Civil Code (BGB).
Elimination of liability exclusions
Liability exclusions and limitations shall not apply if the damage is attributable to an act or omission made intentionally or intentionally by HSB-Blendivet UG, its employees in the performance of their duties or persons HSB-Blendivet UG use in the execution of its duties, intentionally or recklessly in the knowledge that damage would probably result. The same applies if this group of persons has caused the damage by violation of contractual obligations. The burden of proof lies with the breeder.
Insurance of animal semen (storage)
HSB-Blendivet UG is not obliged to insure the animal semen for its own or customers' accounts. The order for the provision of insurance must be expressly made in writing and confirmed by HSB-Blendivet UG. The contract must contain all the necessary information that is necessary to obtain insurance. HSB-Blendivet UG must immediately declare acceptance or rejection of the order. If the insurance coverage is for reasons that HSB Blendivet UG is not liable for, does not or insufficiently covers it, HSB Blendivet UG shall not be liable for any disadvantages resulting therefrom. HSB-Blendivet UG shall immediately inform the depositor of the non-conclusion of an insurance policy.
In the case of an insured event, the claim is limited to the indemnification of the insurance policy. Any further claims against the warehouse keeper on the basis of general legal or contractual provisions shall remain unaffected.
Setoff and retention
The set-off or retention is only permissible with respect to claims of the warehouse keeper from the business and related claims with undisputed or legally valid counterclaims.
All claims arising from the present contract shall expire after one year from the date of commencement of storage.
Duration of the Contract
If the storage contract is concluded with no set time limit, it can be terminated with a notice period of one month.
HSB-Blendivet UG is entitled to terminate the storage contract without notice and to demand immediate removal if there is an important reason, in particular if the breeder falls behind for two months with the payment of storage fees, the fulfilment of the storage contract is prevented or influenced by the listed force majeure events, which endanger storage or other goods.
If HSB-Blendivet UG is entitled to terminate the contract without notice and it involves goods that have become worthless, spoiled goods or goods which are likely to endanger the warehouse or other goods, then HSB-Blendivet UG may dispose of or destroy the stored goods at the expense and risk of the animal breeder, subject to prior warning, with an appropriate period of time.
The animal breeder shall indemnify HSB-Blendivet UG from all claims of third parties which are connected with non-existent rights with respect to the stored animal semen. This includes legal costs.
HSB-Blendivet UG shall, upon the instruction of the animal breeder, transfer the stored animal semen to the expressly instructed recipient. HSB-Blendivet UG will be responsible for the dispatch of the goods as per § 453 para. 1 of the HGB (German Commercial Code) and take over the organization of the transport. It is for HSB-Blendivet UG to provide the means of transport, the transport route and the selection of the contractors, including the completion of the necessary freight, storage and forwarding contracts, information and instructions to the exporting contractors as well as securing claims for damages of the consignor. HSB-Blendivet UG undertakes to collect, as directed by the animal breeder the animal breeder, the respective quantity of animal semen, to package it properly and to hand it over to a freight carrier.
The above §§ 8 to 11, in particular the liability limitations of § 10, apply to shipping.
Shipping insurance is concluded for shipping, the costs of which are borne by the breeder. § 12 of this contract applies to this.
If the delivery is handed over to the recipient in any form which is impaired by the contracted forwarder or hauler, the consignee is obliged to, jointly with the consignor, make findings on possible damage and impairments immediately known and to file a complaint. The same applies in the event that the breeding is not successful for whatever reason. In this case, the recipient (animal breeder) will inform HSB-Blendivet UG by stating the facts known to him/her. If the breeding succeeds, HSB-Blendivet UG is informed accordingly about the breeding success.
Further subsidiary agreements must be in written form to be effective. Also changes in writing