The Syndicat Linaro is a company, the registered office of which is based at Lisieux.
SARL with a capital of 150 000 €
Chemin de la Folletière  - F-14100 LISIEUX
Tel: +33 (0)6 25 46 40 39 - Tel/Fax: +33 (0)2 31 62 27 66
syndicatlinaro@wanadoo.fr      www.syndicatlinaro.com
 RCS LISIEUX: 510 568 231 00011 - APE Code: 0162Z - N° TVA N°: FR 15 510 568 231

The principal objectives of the Syndicat Linaro are the purchase, sale, maintenance, rental and management of pony or horse stallions, the organisation of coverings by these stallions and all general transactions which might be helpful to the use of these stallions. The Syndicat Linaro has the additional objectives of the purchase, sale and use of broodmares of a high genetic level for the production of future stallions.
The business of Syndicat Linaro is agricultural and is of a commercial nature.

Director: Jean-Marc Lefèvre

1. General
The present general terms and conditions relating to the sale of coverings by the Syndicat Linaro stallions sets out the rights and obligations of the parties within the context of the sale of covering contracts.  The Purchaser declares that they have read, understand and accept without reserve the rights and obligations set out herein.  All orders for covering are governed by the present conditions. 


2.  Purpose
The main purpose of the Syndicat Linaro is the purchase, sale, maintenance, rental and management of pony or horse stallions, the organisation of coverings by these stallions and in general all transactions which might be beneficial to the use of these stallions.
 

The covering contracts of these stallions are available on the website of Syndicat Linaro with each stud card.

Taking into account the possible evolution of these stud cards the Syndicat Linaro reserves the right to adapt or modify the covering contracts at any moment.  All changes will be published on the website and will only be applicable to sales taking place after the modification.


3.  Covering contracts – steps to take
The covering contracts hereafter should be:
- printed
- and sent with a cheque for the correct amount to Syndicat Linaro (Chemin de la Folletière – 14100 Lisieux).
For frozen AI contracts, the consignment slip for the doses is automatically delivered to the Purchaser with the covering contract at the time of the printing of the contract.  The Purchaser should then send this slip to Eurogen with the cheque for the payment for transporting the doses.  Delivery will take place automatically at the time of the validation of the contract by the Syndicat Linaro following its arrival at the Eurogen company head office.

In the case of a group delivery it is agreed that payment should be made for one delivery only and it should be noted (in handwriting) on all the consignment slips concerned that this delivery groups together several different orders for the same destination (specifying all the orders concerned). After validation of the contract the Purchaser also has the option of collecting the doses ordered, on the spot, from the Eurogen company head office (see 6.2.).
 

4. General conditions regarding covering contracts
Each stallion is the holder of a specific contract.  The Purchaser has the possibility of completing the covering contract of the stallion of his choice, available by visiting the file of the stallion concerned on the website of Syndicat Linaro.

Once completed the contracts will automatically be sent by email to Syndicat Linaro. Conversely they will only be validated and taken into account once the payment by cheque has been received by normal post (or by registered post – the Syndicat Linaro cannot guarantee to treat payments received by registered post as a priority where a proof of receipt is required). Please note each contract must be processed individually as far as the regulations are concerned in order to simplify the registration process and to allow for the follow up.

Of course, the dispatching of the doses can be grouped together for reasons of economy: it is therefore necessary to anticipate the delivery by specifying the deadline.  To be more effective the Purchaser should send their payments to Syndicat Linaro simultaneously for all concerned with the covering contract (in order that the order for the shipment of the doses is transmitted to Eurogen) and to Eurogen for all concerning the transfer of the doses, specifying the address of the artificial insemination centre, the number of doses and the name of the stallion(s) concerned in this despatch in order to avoid any errors.

Please note: the Purchaser must request, at the end of the season, the attestation and covering certificate from the artificial insemination centre who should neither keep the stud cards nor return them to Syndicat Linaro.  All sums due are to be paid directly to Syndicat Linaro.  However, for stud cards with a live foal, the covering certificate will only be issued once the balance has been paid after the birth of the foal.


5.   Sale of coverings by frozen AI – standard formula
5.1. At the reservation of the covering contract the Purchaser makes out a cheque payable to Syndicat Linaro and sends it, attached to the contract, for three doses of eight straws of frozen sperm (additional doses will be invoiced).

5.2. The transport fees and the insemination fees are at the cost of the Purchaser.  The transport fees are payable to EUROGEN – 9 bis, route de Saint Côme – BP 338 - 50500 CARENTAN – Tel: 02 33 42 12 49 - fax: 02 33 71 99 04, prior to the doses being despatched, unless these are collected by the purchaser.

5.3. The covering certificate will only be provided by the Vendor once the Purchaser has settled the payment of all fees due.

5.4. If there is excess the unused frozen semen remains the property of Syndicat Linaro and should be returned at the Purchaser’s cost to EUROGEN at the end of the stud season.

5.5. Other than in exceptional circumstances, if a mare is proven barren supported by a veterinary certificate issued before the first of October in the year of the covering as proof, the same mare can be represented for covering once the following year (stallion handling fees and additional costs in relation to the production of frozen sperm not included), provided that all possible was done to put the mare in foal, that is to say, attempts during at least three of the mare’s seasons in accordance with the usage, thoroughly followed by a specialist in equine reproduction, certified by a veterinary certificate.

5.6. All modifications to the contract (change of holder, change of mare etc) can only be made with the agreement of both parties, failing which a new legal contract will be required.

 
6. Sale of coverings by frozen AI – sale by the dose

Definition :
This does not represent a covering contract for a mare in foal but a contract for the sale of insemination doses.  Thus the Purchaser can attempt as many gestations as he is technically able to achieve and he should complete a nomination agreement form for each mare in foal in order that all the registration and identification procedures can be completed for the offspring.

6.1. The purchaser makes out:
- a cheque payable to Syndicat Linaro and sends it attached to this contract, for a dose of eight straws of frozen semen (the same unit price no matter how many doses ordered);
- as well as a further cheque payable to Syndicat Linaro, which should be sent to the latter for each nomination agreement ordered, supplied without limitation in either time or number.

6.2. The transport fees and artificial insemination fees are at the expense of the Purchaser.  The transport fees are payable to EUROGEN – 9 bis, route de St Côme – BP 338 – 50500 CARENTAN – Tel: 02 33 42 12 49 - fax: 02 33 71 99 04, before the doses are sent, unless they are collected on the spot from the Purchaser.

6.3. The covering certificate and proof of covering will only be delivered by the Vendor after payment in full of all monies due by the Purchaser, and notably the nomination agreement form.

6.4. Straws purchased remain the property of the Purchaser.

6.5. All modifications to the contract (change of holder, change of mare etc) can only be made with the agreement of both parties, failing which a new legal contract will be required, notably in order to obtain nomination agreement forms.

 
7. Quality of the doses
A dose of frozen sperm contains eight straws of 0.5ml, which are concentrated at fifty million spermatozoids, and frozen to European standards, the hygiene protocols can vary according to the country of destination for the doses.  The tracking of the semen that we distribute is completely assured. Furthermore all opposition with regard to the quality of our semen can only be taken into account if the claimant is able to give us the references of the ejaculation, the colour of the straws as well as the information printed on the straws: the name of the stallion, identification number, lot number and date of freezing.

 
8. Transport costs for frozen sperm doses
The 2009 transport costs for frozen equine semen for all the stallions managed by the Syndicat: 82€ before tax, i.e. 98.07€ tax inclusive throughout France – delivery within a minimum of 48 hours.

The unused straws of frozen semen, if there is an excess in 2009, remain the property of Syndicat Linaro (with the exception of Idefix du Villon, Kantje’s Ronaldo, Linaro, Machno Carwyn and Zodiak for whom the frozen sperm is sold by the dose).  The transport fees for returning the semen are at the charge of the Purchaser.  For this, it is sufficient to return the stallion card in question and select ‘Reserve a covering’ then on the return slip of the dose provide your contract number.

Other than exceptional circumstances, all nominally designated mares covered by Anydale Ron, Aron N, Dexter Leam Pondi, Glenn, Heliot de Blonde, Jimmerdor de Florys, Meeping Cha de Florys, Minotauros, Pidji du Tilia, Quettino de Florys, Rambo or Welcome Sympatico tested barren at 1 October 2009, with a supporting veterinary certificate, benefit from a free covering the following year (covering fees and additional costs in relation to the production of frozen semen not included, based on the price of an additional dose).

The fees of the stallion handler or the artificial inseminator should be added to these fees.  It is advised to contact the suppliers of these services, private or public, directly.


9. Sale conditions for immediate artificial insemination or in hand coverings

9.1. At the reservation of the nomination agreement form two options are proposed to the Purchaser who should either make out:
-> a cheque payable to Syndicat Linaro, which will be cashed at the time of the reservation;
-> or a cheque payable to Syndicat Linaro, which will be cashed when a live foal is born, or which will be returned to him should the mare not give birth to a live foal;
-> in both cases a cheque of 85€ inclusive of tax (80.57€ before tax) should be made out to the stallion handler, in respect of stallion handling fees.

9.2. In the case of the death of a stallion or its unavailability during the season all coverings will be cancelled in full without indemnity.  The Purchaser can carry the nomination agreement over to one of the other Syndicat Linaro stallions, with the relevant adjustments to the fees.

9.3. The covering certificate will only be delivered by the Vendor after payment in full of all sums due by the Purchaser.

9.4. The Purchaser undertakes to present to the stallion handler a bacteriological certificate for mares without foal at foot.

9.5. All modifications to the contract (change of holder, change of mare etc) can only be made with the agreement of both parties, failing which a new legal contract will be required


10. Semen export within the European Communities Zone

TRANSPORT FEES FOR DOSES 2011 – excluding fees for health certification
The present tariffs include the round-trip transport for the container
 

It is possible to insure the declared value: 0.5 % of the declared value.

Health documentation fees within the EC: forfeit of 50.00€ excluding tax per shipment.
Health documentation fees outside the EC: forfeit of 115.00€ excluding tax per shipment.

We would remind you that we must have the EC conformity number for the insemination centre or the veterinary clinic destined to complete the certificate of health: it is following the presentation of this document to the local authorities (your breeding associations) that they will deliver the certificates and proofs of covering required in your country.

Minimum 3 doses per stallion per first order.

For countries where delivery times can be lengthy we are able to use FEDEX.  Ask for a quote.

 
Sales of doses of frozen semen for export
We sell frozen semen in doses of 8 straws: minimum 3 doses per stallion and per shipment - no maximum, VAT: 5.5%.
There is no separate covering fee: the buyer can produce as many foals as he is able with his ordered doses.
The buyer is required to pay VAT on shipping at 19.6%, and on the health certificate fee at 5.5%.
VAT will not be invoiced if you have a European VAT intracom number.
With each request we will draw up a precise quote and, if you approve it, you should then settle via bank transfer where after the health documentation will be prepared and the doses dispatched.


11. Semen export within the Third Countries Zones
TRANSPORT FEES FOR DOSES 2011 – excluding fees for health certification
The present tariffs offer either outward or return transport (by the addition of the two) of the container according to the option chosen by the Purchaser:

1.Purchase of a container in France and payment of its expedition to the country to which the doses are destined.
2.Or a shipment to France of a container from the country to which the doses are destined and payment for its return
3.Or payment for the outward and return trips for a Syndicat Linaro container: country of destination/France & France/country of destination.

12. Rights and litigation
The present General Covering Conditions in the French language will be executed and interpreted in accordance with French law.
In the event of a dispute the Purchaser should first refer to Syndicat Linaro to try to obtain a friendly solution.  Failing this the French courts at Lisieux will be deemed competent, subject to common law arrangements on the one hand and European provisions in the case of litigation between parties established in different states of the European Union on the other hand (Council Regulation (EC) number 44/2001 of 22 December 2000 on the recognition and enforcement of judgments in civil and commercial matters).