Alternative Semen Company (ASC)
Trading Terms & Conditions

1. Definitions

2. Conditions

1. The Buyer’s statutory rights as a consumer shall not be affected by these terms and conditions.
2. These terms and Conditions shall apply to all contracts for the sale of Goods and /or services from ASC to the Buyer and shall override all other communication from the Buyer to the seller.
3. The Buyer is deemed to have accepted these Terms and Conditions by the placing of an order with ASC for Goods and /or Services.
4. ASC retains the right to cancel any order where the buyer is subject to fulfil his financial obligations of any previous contract with ASC or is declared bankrupt or is in receivership or under a winding up order.
5. ASC shall provide to the Buyer in writing any amendments to these terms and conditions.
6. The Buyer may cancel any order up to four (4) working days before delivery by providing notification in writing.

3. Ordering

1. All orders will be deemed to be an offer to buy Goods and / or Services from ASC under these Terms and Conditions.
2. The Buyer must provide full details of business title, postal address including Post Code, and telephone number at the time of ordering.
3. 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.
4. ASC may choose not to accept an order for any reason.

4. Pricing and Payments

1. The List Price is based upon Orders of 30 – 50 straws from each bull with payment made by either credit card, debit card or direct debit instruction.
2. Smaller Orders will be subject to delivery surcharges of £2 per straw.
3. The Buyer shall be responsible for paying any handling charges levied by third parties where the Buyer requests a method of delivery outside of the normal service provided by ASC.
4. Payment by monthly account will be subject to an administration charge of £1 per straw for any size of order.
5. All Orders are subject to VAT at the prevailing UK rate at the date of Order.
6. Interest shall be charged on overdue accounts at the rate of Bank of England base rate plus 2% chargeable monthly where payment is not received in full before the end of the month following purchase.

Updated: September 2007

5. Delivery

1. Goods will normally be delivered throughout GB within 10 working days of acceptance of order by ASC.
2. It is the responsibility of the Buyer to ensure that full details of delivery address including Post code are provided, if different from the business address.
3. The Buyer shall be responsible for ensuring that the necessary arrangements will be in place to receive the delivery.
4. ASC shall inform the Buyer of any delay in delivery beyond the 10 working day period. ASC 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.
5. The Buyer assumes title and risk for all Goods upon delivery.

6. Seller's Rights

1. ASC reserves the right to withdraw any Goods or Services from sale at any time and without notice.
2. ASC reserves the right to adjust the price of any Goods or Services at any time and without notice.
3. ASC 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

1. The information published by ASC in any medium relating to individual bulls, their traits and characteristics and progeny, is based upon information published either by the Milk Development Council, or any delegated or successor organisation within the UK, or the semen exporting organisation, breed society or industry body in the country of origin for the individual bull. ASC shall quote the date on which the information was first published and its source.
2. All information published by ASC is for guidance only and does not provide or imply any warranty or guarantee and does not form part of these Terms and Conditions.
3. ASC takes all reasonable care to maintain the fertility of the Goods but cannot guarantee that Goods are fertile at the time of delivery.
4. The Buyer accepts that fertility rates, traits and characteristics of progeny born from Goods sold by ASC 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;
• the skill and expertise of the inseminator.
5. Where any sire has tested positive for any genetic defect or recessive gene, ASC shall make available such information at the date of its next available publication. At the date of any publication all information is correct and accurate in the knowledge and belief of ASC.

8. Limitations of Liability

1. ASC uses all reasonable efforts to meet its obligations to the Buyer and, in the absence of fraud; ASC’s liability will be limited to the replacement cost of Goods of equivalent or higher quality in the event of any other breach of contract.
2. ASC 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

1. ASC 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.
2. 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 provisions and clauses and the remainder of the provision or clause in question shall be unaffected thereby.
3. Nothing in these terms shall affect the statutory rights of the Buyer as a Consumer.

10. Governing Law and Jurisdiction

1. 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.