1.1 GENERAL TERMS AND CONDITIONS AS OF JANUARY 2021
1.1 Supplies of semen are subject to availability and all prices are subject to change without prior notice. Prices quoted do not include GST.
1.2 The terms and conditions as of January 2021 supersede any other terms and conditions printed elsewhere.
1.3 Bovigene New Zealand Limited, trading as World Wide Sires/New Zealand (hereby known as 'WWS') at its sole discretion and upon giving notice, reserves the right to add, delete or amend products and/or services.
1.4 All sales are subject to payment by the 20th of the month following date of invoice. Interest at a rate of 2.5% per month will be added if payment terms are not adhered to.
1.5 All costs, whether commissions, legal fees, collection charges or otherwise, incurred by WWS or its duly authorised agents relating to the recovery of any monies, goods or services that may be outstanding from time to time, shall be the responsibility of the customer.
1.6 The customer acknowledges that it has received a copy of these terms and conditions and, from the time that its first order is placed, agrees to be bound by them.
2. Semen Storage
2.1 Semen dispatched and received by the customer can be returned for storage but not for credit.
2.2 If a customer requests delivery of private semen that is in storage only, a charge will be incurred. WWS may elect to charge a fee for the dispatching any semen.
2.3 All semen stored on behalf of a customer at the WWS depot shall be at the customer's own risk.
2.4 WWS reserves the right not to accept any dewar that does not meet the minimum specifications (as set by WWS) for any dewar that is/will be stored or packed for delivery by WWS on behalf of the customer.
2.5 Third party semen handling fees apply.
3.1 Delivery shall be made to the location specified in the Sales Order. The customer must specify the exact location in the Sales Order and ensure that the delivery person has access to the location specified in that Sales Order. Risk of loss, damage or deterioration of or to the goods passes to the customer upon dispatch by WWS.
3.2 WWS is not liable for any delay in delivery.
3.3 If a dewar or any other storage/delivery apparatus for customer use is provided by WWS, the customer accepts full responsibility for the dewar or storage/delivery apparatus (under the conditions specified in any instructions that may accompany the dewar or storage/delivery apparatus) until it is returned to the WWS depot. The customer accepts that the dewar or storage/delivery apparatus has a risk of failure and will accept full liability in the event that any such failure occurs. The customer acknowledges that no title in any dewar or storage/delivery apparatus supplied by WWS will pass to the customer, and that the customer will return the dewar or storage/delivery apparatus to WWS at its expense.
3.4 If a customer provides its own dewar or storage/delivery apparatus for use by WWS, then the dewar or storage/delivery apparatus remains at the sole risk of the customer. The customer indemnifies WWS for any damage to any item that belongs to WWS or any third party that is caused by a dewar or storage/delivery apparatus that belongs to a customer.
3.5 WWS shall not be liable in any way whatsoever for any accident or injury occurring as a result of incorrect or improper handling of a dewar while it is in the customer's possession.
3.6 It is the customer's responsibility to ensure that dewars remain filled with liquid nitrogen at all times while in the customer's possession. WWS will not accept any liability for any dry dewars that occur as a result of the customer failing to request further liquid nitrogen in a timely manner.
3.7 All goods supplied by WWS are deemed to be accepted by the customer unless the customer provides notice of an issue to WWS within 10 working days of the goods being delivered.
4. Limitation of WWS's Liability
4.1 WWS warrants that it has good title to the products sold.
4.2 Although customers have gained a high degree of success in the use of these products, and every effort is made to ensure the supply of high quality products, WWS gives no warranty whatsoever as to the description, quality or productiveness or the results which may be obtained in the use of WWS products. Any such warranty given by any of its agents or employees is hereby disclaimed on the basis that such a warranty would have been given without the authority of WWS.
4.3 WWS' liability for any claim, whether in negligence or contract or otherwise, shall not exceed the purchase price of the product sold. WWS has the right at its discretion to replace product. In no event shall WWS be liable for the customer's incidental or consequential damages.
4.4 WWS will not at any time be responsible, for any semen or technician services for any animal inseminations undertaken by the customer personally or by any other third party.
4.5 The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations on us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
4.6 Where you acquire goods and/or services from us for the purposes of a business:
a. the parties acknowledge and agree that:
i. you are acquiring the goods and/or services covered by these terms for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993; and
ii. the goods and/or services are both supplied and acquired in trade from the purposes of the Fair Trading Act 1986 and the parties
agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations), and 13
(False or misleading representations); and
b. you agree that all warranties, conditions, and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A, and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.
4.7 Any claim or dispute arising under these terms will be determined by arbitration under the Arbitration Act 1996 if the parties are unable to resolve such dispute themselves within one (1) month of the dispute arising. However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand Courts.