Members wishing to purchase semen from the 2020 Holstein Friesian Genetic Leaders Sire Proving Scheme bulls (Applicant) are required to complete the application order form (Order), and return it to the New Zealand Holstein Friesian Association Incorporated (HFNZ) office.
- By submitting this Order, the Applicant agrees as follows:
- To purchase the semen set out in the Order (Semen) at the pricing set out in the 2020 Genetic Leaders Sire Proving Scheme catalogue (Catalogue).
- To use all Semen ordered during the 2020/2021 mating season.
- To only use the Semen in any herd or cows that the Applicant has a direct or indirect ownership interest in. For the avoidance of doubt, the Applicant may use Semen in a herd owned (whether in full or in part) by a company that the Applicant is a shareholder of.
- Semen purchased from HFNZ pursuant to this Order shall not be used in any CRV breeding programme agreement (BPA) unless agreed in advance with HFNZ. If HFNZ agrees, then the Applicant shall be subject to the provisions contained in that BPA and that agreement shall supersede this Order in so far as it relates to the Applicant.
- If the Applicant wishes to sell a bull calf resulting from the use of the Semen (Bull Calf), the Applicant must first offer the HFNZ CRV Sire Proving Committee (Committee) the first right to purchase. If the Committee declines the offer in writing, then the Applicant must offer the Bull Calf to CRV for purchase on the same terms and conditions as offered to the Committee. If CRV declines the offer in writing, then the Applicant may market the Bull Calf to the open market or sell to a third party, on the same terms and conditions as offered to the Committee and CRV. The Applicant
must re-offer the Bull Calf to the Committee and CRV as described above if they wish to change the terms of an offer at any stage.
- If an Applicant wishes to sell or contract mate a female calf (Female Calf) resulting from the use of the Semen, the Applicant must first offer the Committee the first right to contract mate or purchase the Female Calf (as applicable). If the Committee declines the offer in writing, then the Applicant must offer the Female Calf to CRV to contract mate or purchase (as applicable) on the same terms and conditions as offered to the Committee. If CRV declines the offer in writing, then the Applicant may market the Female Calf to the open market or sell to a third party, or enter into a contract mating agreement with a third party other than CRV, provided that the terms and conditions are the same as those as offered
to the Committee and CRV. The Applicant must re-offer the Female Calf to the Committee and CRV as described above if they wish to change the terms of an offer at any stage.
- To herd test and is encouraged to submit for TOP inspection all in-milk daughters of Genetic Leaders bulls in their herd in the 2023/2024 season.
- The Applicant warrants that they are a current member of HFNZ and will only use the semen purchased from HFNZ pursuant to the Order in New Zealand.
- The Semen will be dispatched and delivered to the delivery address specified in the Order directly by CRV. Risk shall pass to the Applicant on delivery.
- This Order is subject to Semen availability. HFNZ may accept the Order in full or in part at any time from HFNZ’s receipt of the Order. If the Order is accepted by HFNZ, the Semen will not be available for delivery prior to 1 September 2020.
- Orders will be limited to a maximum of 250 straws per herd, and must be spread equally across the bulls catalogued unless agreed by HFNZ in writing.
- The Order may not be cancelled by the Applicant, unless agreed by HFNZ. HFNZ reserves the right to reject any Order.
- Prices are as set out in the Catalogue, and are exclusive of and plus GST.
- The dispatch fees, as set out at www.nzholstein.org.nz under “services/holstein-friesian-genetic-leaders-male-programme/semen-order-form”, will apply in addition to the prices specified in the Catalogue.
- Payment is required to be made by the Applicant to HFNZ on or prior to the 20th of the month after the month in which HFNZ issues its invoice to the Applicant. HFNZ will invoice the Applicant on accepting the Order.
- While HFNZ takes reasonable care to ensure the accuracy of information and pricing contained within the Catalogue, HFNZ shall not be liable for any errors or omissions of any kind in the Catalogue. HFNZ may reissue, update, provide clarifications or modifications to the Catalogue from time to time.
- Subject to the terms and conditions set out in this Order, HFNZ warrants that the Semen delivered to the Applicant will be the Semen specified in the Order, and will be delivered in a reasonable condition, unless otherwise by agreed HFNZ and the Applicant.
- If HFNZ determine, in their sole opinion, that HFNZ have failed to comply with the warranties in clause 11, HFNZ shall, to the extent of such failure, replace the Semen at HFNZ’s cost, or if replacement is impractical, refund the purchase price. Such remedies are the Applicants’ sole remedy.
- HFNZ does not give any warranty or representation of any sort as to the results, outcomes or performance to be achieved or expected from use of the Semen.
- If the Customer acquires the Semen for a business purpose, the Customer agrees that the provisions of the Consumer Guarantees Act 1993 do not apply. Except as expressly set out herein and as required by law, HFNZ and the Applicant agree that the Semen is provided ‘as is’ without any warranty, whether express or implied.
- HFNZ will not be liable whatsoever to the Applicant for any indirect loss, consequential loss, loss of profit, loss of bargain, loss of business opportunity or exemplary damages suffered by the Applicant or any other person, flowing from any pre-contractual misrepresentation, forecast or breach of the terms and conditions of this Order, whether contemplated by this Order or not, and whether actionable in contract, tort (including negligence), equity or otherwise.
- If HFNZ is found liable for any loss, including loss set out in the preceding clause 15, such liability will be limited in aggregate in respect of any and all claims, to the amount paid by the Applicant for the Semen supplied by HFNZ giving rise to such liability, and is inclusive of all liability made against HFNZ arising from the same event or series of related or connected events.