“Buyer” – the individual or organisation purchasing or agreeing to purchase goods from the seller.
“Seller” – Cattle Genie Limited; 15 Hampshire Close, Ilkley, West Yorkshire, England , LS29 8LD trading as Cattle Genie Limited.
“Consumer “ – as defined in the Unfair Contract Terms Act 1977, Section 12, or any subsequent legislation as defied in English Law and enforceable through the Courts of England and Wales.
“Goods” – meaning all straws of semen and any such other products or services relating to the breeding of cattle which Cattle Genie Limited may from time to time sell.
“List Price” – the price published by Cattle Genie Limited in any or all forms of written communication and which is the price per unit for the product or service at the standard volume, delivery and payment terms set by Cattle Genie Limited.
“Order” – the placing of a request for products and/or services from Cattle Genie Limited either by email, facsimile, post, telephone, verbal conversation.
“Selling Price” – the price per unit for products and/or services through Cattle Genie Limited and amended from the List Price by trading conditions of volume, payment terms, delivery surcharge and prior to VAT or any other such tax as may apply from time to time.
“Terms and Conditions” – the terms and conditions of sale as set out in this document plus any special terms agreed by the seller in writing except where any legislation in English Law and enforceable through the Courts of England and Wales shall supersede such terms and conditions.
a. The Buyer’s statutory rights as a consumer shall not be affected by these terms and conditions.
b. These terms and conditions shall apply to all contracts for sale of Goods and/or services from Cattle Genie Limited to the Buyer and shall override all other communication from the Buyer to the seller.
c. The Buyer is deemed to have accepted these Terms and Conditions by the placing of an order with Cattle Genie Limited for Goods and Services.
d. Cattle Genie Limited retains the right to cancel any order where the buyer is subject to fulfil his financial obligations of any previous contract with Cattle Genie Limited or is declared bankrupt or is in receivership or a winding up order.
e. Cattle Genie Limited shall provide to the Buyer in writing any amendments to these terms and conditions.
a. All orders will be deemed to be an offer to buy Goods and/or Services from Cattle Genie Limited under these Terms and Conditions.
b. The Buyer must provide full details of business title, postal address including Post Code, and telephone number and the delivery address at the time of ordering.
c. Where Goods ordered are not available for any reason, the Buyer shall be notified and given the option of waiting for available stock, ordering an alternative product or receiving a full rebate at the end of that calendar month.
d. Cattle Genie Limited may choose not to accept an order for any reason.
4. Pricing and Payments
a. The Buyer will pay to Cattle Genie Limited the prices set out in Cattle Genies Limited’s price list prevailing at the date the order was taken or the agreed price on the written and accepted order.
b. In respect of any goods or services payment is to be made within the period of the due date set as the 20th of the Month following Month of delivery save where payment is required to be or has been paid by Standing Order or Direct Debit.
c. The Buyer shall be responsible for paying any handling charges levied by third parties where Buyer requests a method of delivery outside of the normal service provided by Cattle Genie Limited.
d. All Orders are subject to VAT at the prevailing UK rate at the date of Order.
e. Interest shall be charged on overdue accounts at the Bank of England base rate plus 2% chargeable monthly where payment is not received in full by due date.
f. Cattle Genie reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3,000. In such circumstances the Buyer shall be liable for any and all additional costs.
g. Returned cheques will incur a £25 charge to cover banking fees and administrative costs.
a. Delivery dates are estimates only and time of delivery of any goods by Cattle Genie Limited shall not be of the essence of any contract and failure to effect such delivery by any specified date shall not constitute a breach of contract by Cattle Genie Limited. Cattle Genie Limited will not be liable for any losses, costs, damages or excesses incurred directly or indirectly by the Buyer or any third party resulting from any such failure to deliver.
b. Delivery of goods shall be effected when goods are unloaded at the address notified by the Buyer to Cattle Genie Limited.
c. The Buyer assumes title and risk for all Goods upon delivery.
d. The Buyer shall ensure that Cattle Genie Limited have a safe and clean environment in which to carry out the delivery of Goods , in the case of the Buyer’s farm flask this shall have been regularly checked for liquid nitrogen prior to delivery and be in full working order and contain required amount of liquid nitrogen to allow delivery. Cattle Genie Limited will not be liable for any failure of farm flask or semen stocks held within, Buyer is responsible for maintaining farm flask and to have insurance cover in place for flask failure and to ensure age of flask does not affect cover , Buyer is to provide adequate lighting and ventilation to Cattle Genie Limited delivery personnel and to ensure the safety of Cattle Genie Limited or contractor whilst on Buyer’s premises to include persons, vehicles and equipment.
6. Seller’s Rights
a. Cattle Genie Limited reserves the right to withdraw any Goods or Services from sale at any time without notice.
b. Cattle Genie Limited reserves the right to adjust the price of any Goods and Services at any time and without notice.
c. Cattle Genie Limited shall not be liable to any Buyer or third party for withdrawing any Goods or Services or for refusing to process an Order.
7. Fitness for Purpose
a. The information published by Cattle Genie Limited or provided from third parties in any medium relating to individual bulls, their traits and characteristics and progeny, is based upon information published either by Dairy Co, or any delegated or successor organisation within UK, or the semen exporting organisation, breed society or industry body in the country of origin for the individual bull. Cattle Genie Limited shall quote the date on which the information was first published and its source.
b. Whilst Cattle Genie Limited will use all reasonable endeavours to ensure that bulls whose semen is supplied by Cattle Genie Limited shall conform with their dated published proofs ( as promulgated by the relevant body) Cattle Genie Limited shall not be liable to the client for any such loss or damage suffered by reason only that any calf produced from such semen shall fail to exhibit all or any of the characteristics disclosed by such proofs.
c. Cattle Genie Limited takes all reasonable care to maintain the fertility of the Goods but cannot guarantee that Goods are fertile at the time of delivery.
d. The Buyer accepts that fertility rates, traits and characteristics of progeny born from Goods sold by Cattle Genie Limited will vary greatly including but not limited to: the fertility and condition of the recipient dam, the environment in which the recipient dam is kept and the expertise of the inseminator.
e. Cattle Genie Limited makes no representation or warranty that any semen supplied to Buyer is free from any recessive genes which may lead to abnormalities or contribute to disease, impairment or death.
8. Limitations of Liability
a. Cattle Genie Limited uses all reasonable efforts to meet its obligations to the Buyer and, in the absence of fraud; Cattle Genie Limited’s liability will be limited to the replacement cost of Goods of equivalent quality in the event of any other breach of contract.
b. Cattle Genie Limited shall not have liability for loss of profit or consequential loss or damage of whatever kind suffered by the Buyer or any third party arising from any reason or cause.
9. General Conditions
a. Cattle Genie Limited shall not be liable for any penalty, loss , damage injury or expense arising from any failure or delay in delivery or performance from any cause. Nor shall the Buyer refuse to accept delivery or repudiate the Terms and Conditions of these Terms and Conditions for any reason or cause.
b. If any provision or clause in these Terms and Conditions is held to be invalid or unenforceable in whole or in part by any competent authority the other provision and clauses and the remainder of the provision or clause in question shall be unaffected thereby.
10. Governing Law and Jurisdiction
a. These Terms and Conditions shall be governed by and construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction to hear all or any dispute arising.