1. General Terms and Conditions as of January 2023

 

1. Supplies of semen are subject to availability and all prices are subject to change without prior notice. Prices quoted do not include GST.

2. The terms and conditions as of January 2023 (Terms and Conditions) supersede any other terms and conditions printed elsewhere and shall remain the current Terms and Conditions until further notice .

3. Bovigene New Zealand Limited, trading as World Wide Sires/New Zealand (WWS) at its sole discretion and upon giving notice, reserves the right to add, delete or amend products and/or services.

4. All sales are subject to payment by the 20th of the month following the date of invoice. Interest at a rate of 2.5% per month will be charged if payment is  not made on the due date.

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.

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. An order for a product or service (Sales Order) from WWS's then-current catalogue shall be deemed to be acceptance of the Terms and Conditions.

 

2.Genetic Product Storage

 

1. Semen dispatched and received by the customer can be returned for storage but not for credit.

2. If a customer requests delivery of private genetic product that is in storage only, a charge will be incurred.

3. WWS may elect to charge a fee for the dispatching of any genetic product.

4. All genetic product stored on behalf of a customer at the WWS depot shall be at the customer's own risk.

5. 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.

6. Third party handling fees apply and will be charged by WWS in its sole discretion.

 

 

3.Delivery

 

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.

2. WWS is not liable for any delay in delivery.

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.

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.

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.

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.

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

 

1. WWS warrants that it has good title to the products sold.

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 , its agents and contractors give no warranty whatsoever as to the description, quality or productiveness or the results which may be obtained in the use of WWS products and services. Any such warranty given by any of its agents or employees is hereby excluded on the basis that such a warranty would have been given without the authority of WWS.

3. WWS's liability for any claim relating to any act or omission of WWS or its agents, employees or contractors, whether in negligence or contract or otherwise, shall not exceed the purchase price of the product sold or services provided. 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, including economic loss.

4. The customer acknowledges that 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. The customer acknowledges that the success of any insemination or technician services cannot be guaranteed.

5. To the extent that the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations on WWS , all such imposed warranties, conditions or obligations to the extent permitted by law are excluded and any warranty, condition or obligation imposed or implied under common law, equity or otherwise are excluded.

6. Where the customer acquires goods and/or services from WWS for the purposes of a business:

   1. the parties acknowledge and agree that:

      1. the customer is 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

      2. 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

7. the customer agrees 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 and Conditions 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.

8. 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.

9. WWS will not be liable for any failure or delay in complying with any obligation imposed on it under these terms if the failure or delay arises directly or indirectly from a cause reasonably beyond its control.