1. Introduction

    HSB-Blendivet GmbH is a service company that offers its services to dog breeders. The services cover the areas: Determination of mating time, artificial insemination, production and dispatch of chilled semen, production, storage and dispatch of frozen semen.

    The basis for all regulations and agreements is the current price list of HSB-Blendivet GmbH.

    In all other respects the following conditions apply:

  2. Definitions

    The semen obtained from an ejaculate corresponds to a batch of semen. This is filled in packaging units (vials or straws). An insemination dose is a certain number of packaging units used when transferring semen to a bitch.

     

    Personal depot: The dog sperm is stored in the owner-specific depot of the HSB-Blendivet. HSB-Blendivet GmbH will only remove semen from this deposit at the personal request of the owner and either personally deliver, send, use for insemination or destroy it.

     

    Information on the deposit is made available to the owner online with a password: The owner can inform himself about the deposit at any time online via his personal account at www.hundesamenbank.eu . Inquiries about the deposit cannot be clarified by telephone. Inquiries via email will be answered by HSB-Blendivet GmbH within three working days if possible. Operational reasons can also lead to longer processing times.www.hundesamenbank.eu informieren. Anfragen zum Depot können nicht telefonisch geklärt werden. Anfragen über E-Mail werden von der HSB-Blendivet GmbH nach Möglichkeit innerhalb von drei Werktagen beantwortet. Dienstliche Gründe können aber auch zu längeren Bearbeitungszeiten führen.

     

    Difference between semen release and ownership transfer

    Semen release: The semen owner releases one or more insemination doses for transfer to a specific female dog or to any female dog of a specific owner. He remains entitled to dispose of the corresponding semen portion until completion of the use of the semen (semen transfer).

     

    Ownership transfer: The semen owner transfers ownership of a certain quantity of semen to another person. He thus gives up any influence over the future use of semen and loses the right to information about the stock and quality of semen.

     

    Ownership of the stored semen: HSB-Blendivet GmbH is not the owner of the stored semen, but merely manages it in trust for the owners. Originally, the owner of the male is also the owner of the semen. The owner can also sell a batch or parts of a batch (usually a certain number of insemination doses). The sale will be notified in writing to HSB-Blendivet GmbH, whereupon the new ownership structure will be recorded. The HSB-Blendivet itself does not deal with the stored semen, but fulfills the orders of the semen owners.

  3. Performance overview
    1. Coverage time determination

      The mating period is determined by the determination of progesterone levels in the female dog's blood according to a standardized procedure and is subject to veterinary control. It is conducted according to the current rules of veterinary art.

    2. Manufacture and dispatch of chilled semen

      The production and dispatch of chilled semen is conducted in accordance with the rules of veterinary art and in an effort to meet the time requirements of the customer; business reasons may prevent a request for an appointment. A guarantee for successful semen collection and arrival of the semen at the recipient in a fertile state cannot be guaranteed due to the many influences during transport and the impossibility of predicting the semen's shelf life before dispatch. Accordingly, no price reductions are granted for poor quality semen.

    3. Production of frozen semen

      The owner of the dog or a person authorized by him introduces the males to HSB-Blendivet GmbH and documents the ownership structure with his signature. The frozen semen automatically becomes the property of the owner of the dog, unless the owner expressly states otherwise.

      The semen is collected and frozen semen is produced according to the rules of veterinary art. Within one week of freezing, a partial sample of the semen is thawed to determine the quality of the frozen batch of semen and notified to the owner of the batch. If the owner of the male dog is not the owner of the batch, he or she still has the right to query the result of the frozen semen extraction.

    4. Storage of semen

      The dispatch and acceptance of the semen deliveries takes place after their arrival at HSB-Blendivet GmbH in the order of their registration. The owner of the dog (animal breeder) ensures that the donor sperm arrives at HSB-Blendivet GmbH during the period of service in such a way that it does not have to be temporarily stored in other places. In principle, the breeder shall ensure proper packaging and delivery in properly adequately refrigerated situations. HSB-Blendivet GmbH will immediately notify the breeder of any concerns regarding the transmission of the animal semen and its effect on the animal semen. Failure to notify HSB-Blendivet GmbH does not lead to liability. HSB-Blendivet GmbH will execute the order as quickly as possible, taking into account the animal semen delivered. HSB-Blendivet GmbH may choose to store the goods in its own or in suitable third-party storage containers. If special situations have to be considered, the owner of the dog will inform HSB-Blendivet GmbH immediately in writing. HSB-Blendivet GmbH will not examine the stored animal semen for its suitability, unless there is a separate written order subject to a fee.

      HSB-Blendivet GmbH can transfer the donor sperm within its entire warehouse (own or external warehouse) as required. For this purpose, it will make a note in its accounts of where the respective donor sperm was stored.

      HSB-Blendivet GmbH will not open the package without the express order of the owner of the dog. Only if there is an important reason will it open it up. This important reason is given in particular if HSB-Blendivet GmbH has justified reason to assume that the content must be checked. Only the semen owner or a person authorized by him in writing is entitled to request information about the stored animal semen. This information can be obtained during normal business hours.

    5. Storage of frozen semen

      The semen is automatically stored in the semen bank of HSB-Blendivet GmbH and the general provisions on semen storage come into force.

      Semen is stored in an individual semen depot at HSB-Blendivet GmbH. An individual depot contract is concluded for this storage.

      Limitation of liability for the stored semen: HSB-Blendivet GmbH ensures perfect storage of the semen. In case of loss of semen or interruption of the cold chain with loss of fertilizing capacity of the semen, HSB-Blendivet GmbH is liable up to a maximum of the sum which the production of a semen batch costs. HSB-Blendivet GmbH is not liable for failed litters that may have been caused by semen loss in the future.

    6. Outsourcing

      Delivery of the semen only takes place after prior agreement between the animal breeder and HSB-Blendivet GmbH (written instruction). Only the breeder or the person authorised by him in writing to receive the semen is entitled to collect or receive the semen.

    7. Shipment of frozen semen

      Transport containers::

      HSB-Blendivet GmbH provides suitable containers for the dispatch of frozen semen or uses such containers of third parties upon individual arrangement.

      Shipping order - Orders for the dispatch and use of semen from the own HSB-Blendivet-Depot:

      Orders for the use of semen stored in the HSB Blendivet Depot must be forwarded to the HSB Blendivet in good time. They are sent by post, by email or - if available - via the password-protected message function from the online account. HSB-Blendivet GmbH will process orders within 14 days. In individual cases the processing can take considerably longer (examples: necessary involvement of the official veterinarian for semen dispatch to certain countries, no availability of a transport container due to excessive demand or delayed return transport containers, other special import restrictions in the destination country, etc.).

      Dog semen from HSB-Blendivet GmbH is sent exclusively to other dog semen banks or veterinary practices. We do not ship to private individuals.

      In the dispatch order, the semen bank or veterinary practice to which the semen is to be sent must be indicated.

      The dispatch order must state whether the semen remains the property of the previous semen owner or whether the ownership changes to the recipient of the semen. If the ownership of the sent semen samples changes, the new semen owner must be named.

      A semen release (cf. 2, Definitions) is not possible within the scope of semen dispatch from the HSB-Blendivet.

      It is not possible to order semen from HSB-Blendivet GmbH, as it is not the owner of the semen.

      Order by the semen owner:

      Shipment is ordered by the semen owner. It therefore also appears as the invoice recipient. A semen owner may arrange for a quantity of semen to be sent and at the same time enclose a transfer of ownership after which the ownership of a certain quantity of semen changes.

      Order by the semen recipient:

      If there is a transfer of ownership, the new semen owner (recipient of the semen) can commission the dispatch and appear as invoice recipient.

      Order through a sperm bank:

      A sperm bank can send semen to HSB-Blendivet GmbH and order a shipment to a third sperm bank. The ownership of the semen must be disclosed to HSB-Blendivet GmbH. An individual agreement is required as to who will pay for onward transport.

      Carrying out the transport:

      Semen transport is only carried out after payment in advance (advance payment only). The individual orders are executed in the order of the payments received. Unless an expressly binding delivery date has been agreed, the delivery dates or delivery periods stated by HSB-Blendivet GmbH are exclusively non-binding information.

      HSB-Blendivet GmbH takes over the dispatch of the stored animal semen to the recipient expressly instructed in writing on instruction of the animal breeder. HSB-Blendivet GmbH will take care of the dispatch of the semen and organize the transport. It is the responsibility of HSB-Blendivet GmbH to determine the means of transport, the transport route and selection of the contractors, including the conclusion of the necessary freight, storage and forwarding contracts, the provision of information and instructions to the contractors and the securing of the shipper's claims for damages. HSB-Blendivet GmbH undertakes to take out the respective quantity of animal semen according to the instructions of the animal breeder, to pack them properly and to hand them over to a freight company.

  4. Duration of the agreement

    The storage contract is concluded for a period of one year and is extended for a further year in each case if it is not terminated in advance with one month's notice to the end of this year.

    HSB-Blendivet GmbH is entitled to terminate the storage contract without notice and to demand immediate eviction if there is an important reason, namely if the breeder falls behind with the payment of the storage fee for two months, the fulfilment of the storage contract is prevented or influenced by the listed events of force majeure, endangering the warehouse and especially the stored semen.

    If HSB-Blendivet GmbH is entitled to terminate the contract without notice and if the semen has become worthless, spoiled or are suitable to endanger the storage or other semen, it may destroy or have destroyed the stored semen after prior warning and setting a reasonable deadline at the expense and risk of the animal breeder.

  5. Liability
    1. HSB-Blendivet GmbH is liable for its services - the determination of the mating period, the production and dispatch of chilled semen, the production of frozen semen, the storage of semen, the removal and dispatch of frozen semen - with the care customary in the trade; it is only liable on the basis of statutory or contractual provisions in all activities if it or its vicarious agents and/or its vicarious assistants are at fault. Liability is limited to cases of gross negligence and intent. In principle, it is obliged to relieve the burden. However, if damage was not externally recognizable or if HSB Blendivet GmbH cannot reasonably be expected to clarify the cause of damage according to the circumstances, the breeder or recipient must prove that the damage was nevertheless culpably caused.
    2. The liability of HSB-Blendivet GmbH is excluded if the damage is caused in the sphere of the breeder (person, instructions of the breeder or a third party commissioned by him) and/or the stored semen. This is particularly the case if the damage was caused by the natural condition of the semen, defective or missing packaging, pest infestation, internal spoilage, shrinkage, rust, mold, rot or similar. The exclusion continues to apply in the event of damage to the insured semen.
    3. Claims against HSB-Blendivet GmbH for breach of this contract due to total or partial loss or damage are also excluded if
      1. the animal breeder or the recipient has not made the complaint in writing to HSB-Blendivet GmbH immediately upon delivery of the goods (semen), in the case of externally unrecognizable damage immediately after discovery,

      2. damage was caused by force majeure, natural disasters, war and civil war or warlike events, strikes, lockouts, industrial unrest, political violence, riots, other civil unrest, sabotage, withdrawal or intervention by public authorities or official orders and the resulting damage could not be averted with the care of a proper stockholder. If damage could have arisen from one of the aforementioned risks, it is assumed that the damage has arisen from it, unless proof to the contrary can be provided.

    4. Limitation of liability

      The common value of the goods (semen) is considered to be their value liable to pay compensation. Insofar as HSB-Blendivet GmbH is liable, the total amount of damages to be paid by it is limited to the value of the goods (semen) liable for compensation. For dog semen, the production value (€ 350 per batch) applies.

      The liability of HSB-Blendivet GmbH is limited to direct material damage. HSB-Blendivet is not liable for indirect damage that does not occur to the goods (semen) themselves (pecuniary loss), in particular loss of profit. If the breeder has not immediately raised objections and if damage is attributable to the type of accommodation or the securing of the goods (semen), the liability of the warehouse keeper shall be limited to the amount of the damage incurred pursuant to § 254 BGB (contributory negligence of the animal breeder).

    5. Elimination of the liability exclusions

      The exclusions and limitations of liability shall not apply if the damage is attributable to an act or omission committed by HSB-Blendivet GmbH as warehouse keeper, its employees in the exercise of their duties or persons, which HSB-Blendivet GmbH uses for the performance of their duties, intentionally or recklessly in the knowledge that damage will probably occur. The same shall apply if the aforementioned persons have caused the damage by breach of material contractual obligations. The burden of proof lies with the breeder.

  6. Insurance of the animal semen (storage and dispatch)

    HSB-Blendivet GmbH is insured via a separate storage insurance (Zurich insurance) against loss or damage of the animal semen stored with it up to an amount of 500 euros per insemination dose.

    Transports of dog semen are insured by HSB-Blendivet at 500 euros per insemination dose, if the transport has already been paid to HSB-Blendivet GmbH (prepayment, see 3.7. transport) and the transport was carried out by HSB-Blendivet GmbH and its vicarious agents.

    Any further damages shall only be reimbursed by HSB Blendivet GmbH if it or a vicarious agent is guilty of gross negligence or intent.

  7. Limitation period

    The limitation period for all claims arising from this contract is 1 year.

  8. Additional agreements

    Further additional agreements must be made in writing to be effective. Changes to the written form can also only be made in writing. Should one of the above provisions become invalid, the parties shall replace the invalid provision with a provision that comes as close as possible to the economic content of the invalid provision.

  9. Court of arbitration

    In the event of disputes about this contract and its execution, we shall agree on an arbitration court which shall settle the dispute finally in accordance with the rules of the Code of Civil Procedure, excluding the ordinary courts.

    Arbitration proceedings shall be initiated if one of the contracting parties notifies of a failure of out-of-court solutions and asks the President of the Frankfurt Higher Regional Court in writing to appoint the arbitrator, stating the subject matter of the dispute and the claim. The arbitral tribunal, consisting solely of this arbitrator, shall initiate the proceedings without delay.

Last updated:: 01.08.2018