Terms And Conditions

THERMO REGULATORY GENETICS TERMS AND CONDITIONS

1.General Terms and Conditions 2019

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 Term and Conditions 2019 supersede any other terms and conditions printed elsewhere.

1.3 Thermo Regulatory Genetics Limited (7180314) (hereby known as ‘TRG’) at its sole discretion and upon giving notice, reserves the right to add, delete or amend products and/or services.

1.4 All domestic customer purchases 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.  Export purchases are subject to case by case payment terms.

1.5 All costs, whether commissions, legal fees, collection charges or otherwise, incurred by TRG 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 Unless otherwise negotiated, all domestic semen dispatched is insured for all risks by TRG until delivery to the customer.

1.7 The customer shall not, unless otherwise agreed in writing by TRG:

  • Sell, supply use or collect any semen or germplasm from the offspring of matings using semen or germplasm supplied by TRG (Offspring), other than for the sole purpose of artificial insemination, or natural matings, of animals ordinarily in the customer’s own herd; or
  • 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 TRG; and (b) a covenant from the purchase enforceable by both the customer and TRG, stating that the purchaser will not sell or supply semen or germplasm from the Offspring without first obtaining written consent from TRG.

1.8 All trade secrets, know how, patent rights and other intellectual property rights in or relating to all materials, information, documents, database, software, hardware, semen, germplasm and other things supplied, used or disclosed by or on behalf of TRG, as well as the preparatory material for the above, will remain exclusive owned by and confidential to TRG.

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 TRG depot shell be at the customer’s own risk.

2.4 TRG reserves the right not to accept any claim that does not meet the minimum specifications (as set by TRG or its subcontractors) for any semen that is/will be stored or packed for delivery by TRG on behalf of the customer.

3. Delivery

3.1 Domestic delivery shell be made to the location specified in the Sales Order. The customer must specified 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 TRG is not label for any delay in delivery.

3.3 If a device for customer use is provided by TRG, the customer accepts full responsibility for the device’s (under the conditions specified in the instructions accompanying the Device) until it is returned to the TRG depot. The customer accepts that the device has risk of failure and will accept full liability.

3.4 TRG shall not be liable in any way whatsoever for any accident or injury occurring as a result of incorrect or improper handling of a devices while it is in the customer’s possession.

3.5 It is the customer’s responsibility to ensure that devices remain filled with liquid nitrogen at all times while in the customer’s possession’s will not accept any liability for any dry devices that occur as a result of customer falling to request further liquid nitrogen in a timely manner.

4. Limitation Of TRG’s Liability

4.1 Although customer have gained a high degree of success in the use of these products, and every effect is made to ensure the supply of high-quality products, TRG gives no warranty whatsoever as to the description, quality or productiveness or the results which may be obtained in the use of TRG products. TRG 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 TRG.

4.3 TRG liability on any claim, whether in negligence or contract or otherwise, shell not exceed the purchase price of the product sold. TRG has the right at its discretion to replace product. In no event shell TRG be liable for the customer’s incidental or consequential damages.

4.4 TRG will not at any time be responsible, for any semen or technician services for any animal inseminations undertaken by the customer personality or by any third party.