ATTENTION PURCHASERS: THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AS A PURCHASER. YOU SHOULD READ THEM CAREFULLY. All prospective Purchasers are deemed to have read and accepted the following
Terms and Conditions.
Terms and conditions of supply of advice, products and services.
The terms and conditions set out below form part of the contract made by the Vendor with Purchaser. Any variation must be agreed in writing and signed by an officer on behalf of the Vendor. No condition appearing on any order form provided by the purchaser with whom the contract is made shall be applicable.
- The purchaser accepts the risk of failure of conception that occurs due to factors beyond the Vendor’s control, known or unknown, despite the fact that
1.1 the services are rendered with due care and skill: and
1.2 the fact that the genetic materials supplied in connexion with the service are reasonably fit for the purpose for which they are supplied.
- The Vendor shall not be liable to pay any compensation for any direct, indirect or consequential loss, replacement or repair howsoever caused, including but not limited to, negligence.
- The Vendor shall not be liable to the Purchaser in respect of any loss of profits, loss of goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by the Purchaser as a result of any action bought by a third party) arising out of the contract or the use by the Purchaser of any reports, results or information provided in pursuance of the contract.
- Whilst the Vendor shall make reasonable endeavours to ensure the safekeeping of all animals under their care and to provide reproductive services, the Vendor shall give no warranty as to the pregnancy rates which will result from the use of any artificial breeding services including either artificial insemination or embryo transfer techniques nor shall they be held responsible for any loss, injury or death of any animal under their care, or for any loss of earnings whether direct or consequential.
The Purchaser accepts that there is a risk of injury to, or death of the Purchaser’s animals associated with collection of genetic material, artificial insemination and embryo transfer and the Purchaser indemnifies the Vendor from all claims, suits, actions and choses in action whatsoever arising from the death or injury of animals under the care of the Vendor, whether arising from the negligence or otherwise of the Vendor.
- (a) The Purchaser indemnifies the Vendor from any action, claim, suit or chose in action howsoever arising, whether caused by the negligence of the Vendor, or any other reason whatsoever, for the loss of any genetic material belonging to the Purchaser, their principal, designee or assign, and in the possession or control of the Vendor.
The Vendor gives no warranty as to the viability of any genetic material supplied to it by the Purchaser, and any such warranty is excluded from this contract so far as is permitted by the laws of Australia.
The Vendor gives no warranty as to the pregnancy rates which will result from the use of any genetic material stored by the Vendor for the Purchaser, and any such warranty is excluded from this contract so far as is permitted by the laws of Australia.
- The Purchaser does not rely on any representations and warranties made by the Vendor, its agents or employees during the negotiation.
- The cost of service to be supplied by The Vendor shall be as laid out in current price lists.
- Invoices will be payable within 30 days of invoice date and an invoice will be raised immediately following completion of the agreed work.
- If payment is not made by the due date the Vendor reserves the right to cease work and if it thinks fit to terminate the contract. The Purchaser forfeits all rights to the receipt of confirmatory documentation if payment is not made as agreed. Without prejudice to any other rights of the Vendor if payment is not made within 30 days of the due date, the Vendor shall be entitled to charge interest (both before and after any decree) on the amount unpaid at the rate of 5% per annum above the National Australia Bank base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
- Cancellation by the Purchaser of work, within one month of the agreed date of commencement, shall render the Purchaser liable to cancellation fees on the following basis:
Within 3-4 weeks before agreed date: 20% of estimated contract price
Within 2 weeks before agreed date: 30% of estimated contract price
Within 1 week before agreed date: 50% of estimated contract price
- The Vendor will treat as confidential all confidential information obtained in the course of the performance of the contract, which is specific to the Purchaser’s business, but subject to any legal requirements to the contrary.
- The Vendor shall not be held responsible for failure or delay in carrying out the work in whole or in part due to any circumstances whatsoever beyond its reasonable control.
- The Vendor shall be entitled to the copyright in respect of any reports produced, and to the trade mark, patent and other intellectual property rights in or arising from all work done by the Vendor under the contract and from discoveries or inventions made during the course of the contract, unless otherwise agreed by the parties in writing. The purchaser shall not at any time publish or make use of in any publication any report or statement issued by the Vendor nor any extract therefrom without written permission through an officer on behalf of the Vendor.
- The contract will be subject to Australian Law and both the Vendor and purchaser hereby submit to the jurisdiction of the Australian Courts.