GENERAL TERMS AND CONDITIONS AS OF JANUARY 2020
1. General Terms and Conditions as of January 2020
Supplies of semen are subject to availability and all prices are subject to change without prior notice. Prices quoted do not include GST.
The Terms and conditions as of January 2020 supersede any other terms and conditions printed elsewhere.
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.
All sales are subject to payment by the 20th of the month following date of invoice. Interest at the rate of 2.5% per month will be added if payment terms are not adhered to.
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.
Unless otherwise advertised, all semen dispatched is insured for all risks by WWS until delivery to the customer.
The customer shall not, unless otherwise agreed in writing by WWS: (i) sell, supply, use or collect any semen or germplasm from the offspring of matings using semen or germplasm supplied by WWS (Offspring), other than for the sole purpose of artificial insemination, or natural matings, of animals ordinarily in the customer's own herd; or (ii) provide access to, possession of, or dispose of the Offspring to any person in circumstances where the Offspring will be capable of being used for collection of semen for sale or supply, without first obtaining (a) written consent from WWS; and (b) a covenant from the purchaser enforceable by both the customer and WWS, stating that the purchaser will not sell or supply semen or germplasm from the Offspring without first obtaining written consent from WWS.
All trade secrets, know-how, patent rights and other intellectual property rights in or relating to all materials, information, documents, databases, software, hardware, semen, germplasm and other things supplied, used or disclosed by or on behalf of WWS, as well as the preparatory material for the above, will remain exclusively owned by, and confidential to, WWS.
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.
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 at the point of delivery, regardless of whether the customer is present upon delivery.
3.2 WWS is not liable for any delay in delivery.
3.3 If a dewar for customer use is provided by WWS, the customer accepts full responsibility for the dewar (under the conditions specified in the instructions accompanying the dewar) until it is returned to the WWS depot. The customer accepts that the dewar has risk of failure and will accept full liability.
3.4 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.
3.5 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.
4. Limitation of WWS's Liability
4.1 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. WWS warrants that it has good title to the products sold.
4.2 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 on 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.