General |
| 1 |
These terms are valid for all agreements which are made through this sale. |
| 2 |
On this agreement Dutch law applies. |
| 3 |
The organisation of the sale is done by Eurogenes. |
| 4 |
The party which offers embryos in this sale will be named after this as the “seller” and the party who buys trough this sale and gets the sale item assigned will be hereinafter identified as the “buyer”. |
| 5 |
The organisation will only act as an intermediary in the realisation from a (purchase) agreement between seller and buyer. |
How does the sale work
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| 6 |
The auction shall occur by highestbid through internet. There are two ways of placing a bid:
A
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Through internet
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B
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Via one of the Eurogenes contactpersons
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| 7 |
The bids are made in Euros. |
| 8 |
The purchase is subject to a buyer’s commission of 10% |
| 9 |
The exportation costs of the embryo’s are cost for the buyer |
| 10 |
Every bidder is bound to his bid. The sale ends at 25 April -2013 21:00 hr. (Dutch time) / 20:00 hr (GMT time). Until that moment bids will be accepted. |
| 11 |
On disputes which might arise during the sale, the organisation decides. In the case two bidders have the same bid, the time the bids have been placed will decisive. The bidder who made the bid first will be the successful bidder. |
| 12 |
The purchase agreement is a fact at the moment the organisation assigns the lot. |
| 13 |
All risks of the embryo’s shall be the responsibility of the purchaser as from the moment the embryo’s are delivered to the new owner. |
| 14 |
The transportation of embryo’s from the seller to the buyer will take place as soon as possible after the sale, although not before the complete payment from the indebted amount (including sale costs) and exclusively after the organisation gives a certificate of transport. The buyer needs to take care of the transport and takes cares of these costs. When the buyer is not able to do export himself, the organisation will take care of export. All costs will be paid by the buyer. |
| 15 |
The payment should be made as mentioned on the invoice. |
Payment
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| 16 |
A
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The total amount has to be paid with 14 days after date of invoice. The ownership stays with the seller until the complete payment of the indebted money and sale costs is effected.
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B
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The risk of the embryos stays unchanged as mentioned in article 13.
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| C |
The sale item needs to be paid including the sale commission before the transport from the seller to the new owner.
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| 17 |
Claims need to be notified in writing to the seller within eight days after supply to the buyer. |
Excluding liability
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| 18 |
The organisation cannot be held responsible for errors on the internet site or in the advertisements. |
| 19 |
The organisation cannot be held responsible for visual or non visual regardless the size or nature of such defect of the sold item. |
| 20 |
The organisation does not take any responsibility for damage to persons or cases which has arisen because of or connected to the sale. |
| 21 |
Foreign purchasers, who wish to export their embryo’s, shall make the organisation aware of this directly after the auction. All costs and risks shall be the responsibility of the purchaser as from the moment the seller has concluded the export preparations. |
| 22 |
The cow indexes mentioned therein have been calculated or converted by the herdbook in the country the donor cow is housed in. in accordance with the current methods. All official pedigrees of sale animals can be seen. |
| 23 |
All embryos are frozen as first class embryos identified by an official recognised vetenerian. The seller and the organisation can not be held responsible for the quality of the embryos as soon as they have been transported to the buyer. The organisation and the seller do not accept claims regarding the quality of the embryos. |
| 24 |
All frozen embryos are rated first class by official and registered ET veterinarians. In the case of grade two or lower class embryos at thawing and no resulting pregnancies, the seller will take care for a refund, either in the form of an embryo with similar pedigree value or the purchase amount for the embryo. It is of vital importance that any claim is accompanied with an official statement in English from a recognized ET veterinarian. This should be send to Eurogenes. |
| 25 |
Every bidder is held to conform to the auction conditions. The act of bidding implicates knowledge and acceptance of these conditions. |
| 26 |
The organisation can never be held responsible in case the embryos can not be exported no matter what reason. |
