TERMS OF SALE

1. Vendor and jurisdiction

The semen in this sale is offered by Elite Frozen Foals (ABN 44 033 549 984) based in Victoria, Australia.

The laws of the State of Victoria and the Commonwealth of Australia govern the sale. By placing a bid, buyers agree that any dispute will be dealt with under these laws.

2. Nature of goods

The goods offered are frozen equine semen in the form of straws, grouped into doses or straws as described for each lot.

All semen is sold strictly “as is, where is”.

No warranty is given or implied as to:

  • Fertility, motility or conception rate

  • Suitability for any particular mare, cycle or reproductive technique

  • Live foal outcome, health or performance of any resulting progeny

All use of semen is at the buyer’s risk.

3. Information, pedigree and testing

Stallion information, pedigrees, registration numbers and any genetic testing results (for example, FFS status) are provided, if known, in good faith from the vendors’ records.

While care has been taken, no guarantee is made that this information is entirely free of error. Buyers should make their own enquiries with registries, studbooks and veterinarians where this information is critical to their decision.

Any comments regarding past fertility, recommended techniques (e.g. deep horn insemination, ICSI) or previous use are personal observations only and are not a guarantee of outcome.

4. Storage, release and risk

  • All semen is stored at:

    Gene Movers

    8 Station Street

    Maddingley, Victoria 3340

    Phone: 03 5367 1395

  • After the sale, the buyer will need to provide instructions regarding the transport or release of the semen from Gene Movers.

  • The vendor covers the storage fees at Gene Movers for up to a week following the auction. From that time onwards, all storage and handling costs are the buyer’s responsibility.

  • Risk in the semen passes to the buyer upon release from Gene Movers to the buyer’s nominated tank, agent or transport provider. Once released, the vendor cannot be held responsible for any loss, damage or deterioration in transit or subsequent storage.

5. Bidding, minimum bids and reserves

  • Each lot has a clearly stated minimum starting bid. Bids below the minimum will not be considered.

  • Lots will also be subject to a confidential reserve price. All offers will be considered.

  • The sale is conducted as a sealed-bid online auction. Bids must be submitted via the designated bid form on each lot page before the closing time.

  • The vendors reserve the right to:

    • Accept or reject any bid

    • Negotiate with under-bidders

    • Withdraw any lot before acceptance

    • Offer passed-in lots for private sale after the auction

  • In the event of two or more bids at the same amount for a given lot, the vendors will allocate the lot to the earliest bidder.

  • For the purposes of these Terms, the “closing time” for a lot means the final time at which bidding for that lot ends, including any extensions that apply where bids are received in the last five minutes, as described in the “Closing time” section on the How to Bid page.

  • The vendors’ records (including time-stamped bid receipts) will be taken as final.

6. Prices, GST and payment

  • All prices are in Australian dollars (AUD) and include GST.

  • Payment is by bank transfer only to the account details provided on the invoice.

  • Full payment is required within one business day of notification of a successful bid, unless otherwise agreed in writing.

  • If payment is not received by the due date, the vendors will:

    • Cancel the sale of that lot, and

    • Reoffer it or sell it to an under-bidder or another buyer.

Title to the semen does not pass to the buyer until full payment has been received and cleared.

7. Usage rights

Unless otherwise specified in the description of a particular lot:

  • Semen is sold for use in the purchaser’s own breeding programme.

  • Resale or commercial redistribution of unused doses, or on-sale of semen as part of a commercial semen business, is not permitted without prior written consent from Elite Frozen Foals.

  • Service certificates for any semen purchased will be issued (at no cost) by Elite Frozen Foals.

  • Use of semen in high-multiplicity reproductive techniques, such as ICSI (where it is authorised for a particular lot), is permitted for the purchaser’s own mares.

It is the buyer’s responsibility to ensure that their use of the semen complies with any relevant breed society, registry and competition rules.

Individual lot descriptions may include additional conditions (for example “ICSI-use only straw”, or “not suitable as a full conventional dose”). Where there is any difference, the specific conditions on the lot page take precedence over these general terms.

8. Veterinary advice and mare management

Buyers are strongly encouraged to consult with a suitably experienced reproductive veterinarian before purchasing and using frozen semen, particularly with older stallions, rare straws or ICSI-only material.

The vendors are not responsible for mare management, vet timing, choice of technique or any failure to conceive. No refunds or replacement doses will be provided in the event of failed pregnancies, embryo loss or foal loss.

9. Disputes

In the event of any dispute:

  • The vendors’ records, including time-stamped bid receipts and payment records, will be taken as final evidence of bidding and sale outcomes.

  • The vendors will make reasonable efforts to resolve disputes amicably with buyers.

  • If a matter cannot be resolved informally, it will be dealt with under the laws and in the courts of Victoria, Australia.

By placing a bid, buyers acknowledge that they have read, understood and agree to be bound by these Terms of Sale.