WORLD WIDE SIRES TERMS AND CONDITIONS

 

BACKGROUND:

These Terms and Conditions are the standard terms for the provision of services by Acc-Sel Genetics Limited, trading as World Wide Sires, registered in England under number 04191347 whose registered address is Unit 29 Evans Business Centre, North Road, Ellesmere Port, CH65 1AE.

 

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day” means any day other than a Saturday, Sunday or Bank Holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 3;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Product” means the product that is to be provided by Us to You as specified in Your Order (and confirmed in Our Order Confirmation);
“Order” means Your Order for the product.
“Order Confirmation” means Our acceptance and confirmation of Your Order as described in Clause 3;
“We/Us/Our” means Acc-Sel Genetics Limited, trading as World Wide Sires, registered in England under number 04191347, whose registered address is Pioneer Business Park, Evans Business Centre, Office Unit 29, North Road, Ellesmere Port, CH65 1AE.

Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.

 

Information About Us

Acc-Sel Genetics Limited, trading as World Wide Sires, is registered in England under number 04191347.

Our VAT number is 227963282

 

The Contract

These Terms and Conditions govern the sale and provision of the product by Us and will form the basis of the Contract between Us and You.  Before submitting an Order please ensure that You have read these Terms and Conditions carefully.  If You are unsure about any part of these Terms and Conditions please ask Us for clarification.

Nothing provided by Us, including but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our discretion, accept.

A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation.  Order Confirmations can be of a verbal nature and will be provided in writing upon request.

We shall ensure that the following information is given or made available to You prior to the formation of the Contract between Us and You, save for where such information is already apparent from the context of the transaction:

The main characteristics of the Product and or Services;

Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);

The total price for the product including taxes or, if the nature of the product is such that the price cannot be calculated in advance, the manner in which it will be calculated;

The arrangements for payment, and the time by which We will provide the product.

Our complaints handling policy;

Where applicable, details of after-sales services and commercial guarantees;

The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;

Orders

All Orders for Product made by You will be subject to these Terms and Conditions.

You may change Your Order up to 48 hours before We despatch the product.

If Your Order is changed We will inform You of any change to the Price in writing.

You may cancel Your Order up to 48 hours before it is due for delivery.

There is a delivery charge of £40.00, payable on Orders under £200.00.

We may cancel Your Order at any time prior to despatch, due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, We will inform You as soon as is reasonably possible

Price and Payment

The Price of the Product will be that shown in Our Order Confirmation

Our Prices may change at any time but these changes will not affect Orders that We have already accepted.

All Prices include VAT.  If the rate of VAT changes between the date of Your Order and the date of Your invoice and order despatch, We will adjust the rate of VAT that You must pay.  Changes in VAT will not affect any Prices where We have already shipped and invoiced goods to You.

Payment is due within 30 days of the invoice.

We accept the following methods of payment:

  1. BACS
  2. Credit/Debit card
  3. Standing order (where applicable)
  4. Cheque

If You do not make payment to Us by the due date We reserve the right to charge You interest on the overdue sum at the rate of 1.5% per annum above the base lending rate of HSBC. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum. The Company reserves the right to charge this after 90 days.

The provisions of sub-Clause 5.7 will not apply if You have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.

 

Delivery

Where a specific delivery date has been agreed and this delivery date cannot be met, You will be notified and given the opportunity to agree a new delivery date.

Delivery of the Product shall be made to the Buyers address specified at the time of making the Order. You shall be responsible for making all the required arrangements to take delivery and provide delivery drivers with reasonable and safe access to the delivery point.

We warrant that delivery will be completed by Us with appropriate care and skill and that all product shall conform to the description given in Our Order Confirmation.

Title and risk in the Product shall pass to the Buyer upon delivery of the product. Exception to this is in circumstances where We are storing product on Your behalf where You will assume responsibility upon invoice.

Quality

On delivery We warrant that goods shall conform in all material respects to the description given in Our Order Confirmation

On delivery non biological goods shall be free from defect in design, material and workmanship

Whilst we will endeavour to deliver goods with appropriate care, skill and attention it should be noted by You that this is a biological product and We do not guarantee that any product will be fertile or viable, result in a pregnancy, produce a calf exhibiting traits promoted in the proof, is free from genetic defect

In relation to sexed semen We do not guarantee that the advertised sorting levels will result in corresponding ratio of male: female offspring

We shall not be liable for failure of any goods in circumstances where the failure has arisen due to Your failure to comply with any instructions given with regards to storage, usage or maintenance

 

Our Liability

We will use all reasonable efforts to meet Our obligations under the terms of this contract. In the unlikely event of there being a breach of the contract, the parties agree that the seller shall, in the absence of fraud, limit their liability to the replacement cost of the product.

Under no circumstances shall the seller have any liability for loss of profits or any other consequential loss or damage of whatever kind suffered by the Buyer arising for any reason or cause.

We will not be held liable for any loss or damage arising from Your failure to comply with clause 7.5

Where a World Wide Sires employee is required to enter a pen or area with an animal in to provide services We will not be held liable for any injury to or death of the animal, to You or any of Your employees

In the event that you should sell a delivered product on to a third party any Contract between Us shall be considered null and Void and responsibility for product shall transfer to You

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

We will inform You as soon as is reasonably possible;

Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of the product as necessary;

 

Communication and Contact Details

If You wish to contact Us, You may do so by telephone at +44 (0) 151 348 8966 or by email at enquiries@wwsires.co.uk

 

How We Use Your Personal Information (Data Protection)

All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.

We may use Your personal information to:

Provide Our Services/Product to You.

Process Your payment for the Product.

Inform You of new products and services available from Us.  You may request that We stop sending You this information at any time.

In certain circumstances (if, for example, You wish to pay for the Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.

We will not pass on Your personal information to any other third parties [without first obtaining Your express permission].

 

Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs You will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

The Contract is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

Governing Law and Jurisdiction

These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.

Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.