Any other terms and conditions, expressed, implied or written are excluded.
Payment of the full invoice price in cash is due on the 20th of the month after the date of delivery (“the due date”). If you fail to pay on the due date then you agree to pay; interest at the rate of 2.5% per month on all overdue amounts from the due date until payment is made in full; and an administration fee of $25 per month.
Our delivery dispatch notes will be proof of delivery of the goods and of the quantity and the description of the goods, delivered in good order to you, despite that you or your agent may not be present at they delivery site on delivery.
Risk of loss, damage or deterioration of or to the goods passed to you at the point of delivery regardless of the amount so cancelled.
If all or any part of the order is cancelled at any time then you will pay to us a cancellation fee of 5% of the value of the amount cancelled.
The supply of semen is subject to availability while every effort is taken to ensure the supply of high quality products, no guarantee can be given as to product quality. Accordingly we give no warrants as to the description, quality, productiveness, or the results obtained from the uses of these products.
Our liability on any claim whether in negligence or contact or otherwise, with respect of the products delivered will not exceed the purchase price of the product sold. In no event will we be liable for the incidental, consequential or additional costs, loss or damage. All commissions, legal fees, interest costs, cancellation fees or other costs incurred by us or our agents relating to the enforcement of these terms of trade or the recovery of any monies, goods or services that may be outstanding from time to time pursuant to the supply will be your responsibility.
We will not be held responsible for any delays in supply of the products caused by the factors outside our control, e.g. fire, strikes, power failure ect ect.
The laws of New Zealand apply to this agreement except to the extent as legally negated of varied by these terms.
The Consumers Guarantees Act 1993 does not apply to this transaction as you are acquiring the goods from us for purposes of a business. Where you are not acquiring the goods for the purpose of the business, then the restriction of liability included in these terms and conditions are expressly excluded to the extent that they are inconsistent with the Consumers Guarantees Act 1993.
Any part of these terms of trade are severable, and if any provision is held to be illegal or unenforceable for any reason, then such illegality or unenforceability will effect only that portion of these terms, and the remainder of these terms will remain in full force and effect.
Samen NZ considers Intellectual Property Rights on male and female first generation progeny to be restrictive in the future promotion of all breeds in NZ. As a condition of sale of semen or any other form of Germ-plasm Samen NZ sired progeny are free to be sold or transferred to new ownership and any such transfer or sale will be free of any Intellectual Property Rights whatsoever. No restraints are to be applied to any Samen NZ progeny, male or female by other companies or individuals in future.
All product marketed with an ABS logo will from the 1st of January 2018 be subject to intellectual property clauses. ABS reserve the first right of refusal for male offspring decent of these sires, when male offspring is offered to AB companies. No other AB companies that we work with have intellectual property clauses on their bulls.