Venton Stud Collections Terms and Conditions
1. Relevance
1.1. These terms and conditions apply to all bull owners who have chosen to have semen collected and processed on the UK Sire Services Ltd (UKSS) Venton Stud and then stored at the UK Sire Services Ltd (UKSS) Storage unit.
1.2. All semen collected, processed and stored by UK Sire Services Ltd (UKSS) shall be covered by the particulars described below.
1.3. All bulls on the stud will be covered from the moment of arrival at the Venton stud.
1.4. Any variation to the terms must be agreed in writing by a director of UK Sire Services Ltd (UKSS).
2. Delivery of the Bull.
2.1 The Company shall not be obliged to accept the Bull at the Centre unless:
2.1.1 The owner has first completed a Health Declaration.
2.1.2 The Bull has been tested for such diseases (whether notifiable or not) as may be required under the appropriate APHA regulations and appropriate evidence produced to the Company.
2.1.3 The Bull has been tested as specified by UKSS for Johnes Disease and Leptospirosis infection (multiple serovars) and the results discussed with the Centre Veterinarian to decide if the bull can be allowed onto the stud.
2.1.4 The Owner has certified that the Bull has not been in contact or stood with a herd which has contained any cattle known or suspected to have been infected with BSE.
2.1.5 The Bull has been fitted with an adequate ring and is capable of being tethered and led.
2.2 Upon receiving notification from the Company that it is satisfied with the requirements set out in clause 2.1 above the Owner will arrange delivery of the Bull to the Centre on such date as is agreed in full compliance with all current movement and licensing requirements (such compliance to be the responsibility of the Owner).
3. Collection and processing of Semen.
3.1 The Company will aim to collect and store such quantity of semen as is specified in the collection preferences document or such other amount as may be agreed in writing between the Company and the Owner from time to time.
3.2 All semen collected from the Bull shall remain the property of the Owner.
3.3 The Company may at its own discretion treat the semen as it shall deem appropriate with a view to rendering it serviceable.
3.4 The Company shall store all semen collected from the Bull in a suitable manner at the Centre until such time as it shall be released or destroyed in accordance with the terms of this Agreement or until the date of termination of this Agreement PROVIDED ALWAYS THAT the Company shall not be obliged to store semen if in the sole opinion of the Company it is unsuitable for use or for storage in which event such semen may be destroyed by the Company without reference to the Owner.
3.5 Once semen is frozen a straw will be thawed to check that it has met the minimum requirements set to ensure that the sample is suitable for use in AI.
3.6 If the sample does not meet these requirements UKSS will destroy the straws without seeking approval from the owner.
3.7 Any requests for samples of poor quality to be kept must be communicated before the samples are processed. If the owner wishes to move the low quality semen into storage, then a disclaimer must be signed.
3.8 The decision of the UKSS laboratory staff on the quality of the semen is final. Any results of external testing will not alter the need for a disclaimer if UKSS deem the semen to be unsuitable.
3.9 UKSS will not be held liable for any fertility issues that result from the use of samples that have been released to the customer in accordance with a signed disclaimer.
4 Semen storage
4.1 Samples will be moved from the processing centre to UKSS’ store.
4.2 Samples will then be retained in quarantine for a minimum of 30 days. The first day of quarantine will be counted as the day the straws arrive in the store and not the day of the processing. UKSS move straws on a regular but not daily basis to the store.
4.3 All semen collected from the Bull shall remain the property of the Owner unless we are notified in writing of any changes.
4.4 UKSS shall store all semen collected from the Bull in a suitable manner at the store until such time as it shall be released or destroyed.
5 Transfer of Semen.
5.1 If the owner wishes for the semen to be transferred to another site, they must inform the company in writing. Instructions to be sent by e-mail to [email protected].
5.2 The Owner agrees that semen shall not be released in the following circumstances:
5.2.1 While the semen is in quarantine.
5.2.2 The time of release falls during a period in which the Company’s premises are within an infected place or area for the purposes of the Animal Health Act 1981 or any other Act relating to diseases of animals.
5.2.3 The Company is not satisfied that the person to whom the semen is to be released has any requisite licence to store or distribute it.
5.2.4 Any Charges are outstanding and due from the Owner to the Company.
6. Delivery
6.1 Any delivery dates given to the Client are estimated only and the time for delivery of any goods or for the performance of any services by UKSS under any contract shall not be of the essence of that contract and failure to effect such delivery or performance by any specified date shall not constitute a breach of contract by UKSS which shall have the power to postpone or suspend delivery of any goods or services contracted for any reason whatsoever at UKSS absolute discretion. The Client shall accept any such delayed or suspended deliveries (whether of goods or services) and shall not be entitled to any compensation in respect thereof.
6.2 Delivery of goods or services shall be affected when the goods are unloaded or the services provided at the address(es) notified by the Client to UKSS.
6.3 The risk in any goods shall pass to the Client at the time of delivery in accordance with the Terms.
7. Charges and Payment.
7.1 Customers will be informed of the current price lists at the point of enquiry, but will be charged in accordance with any subsequent price list issued by the Company and in force at the date the Charges are incurred.
7.2 Charges are exclusive of VAT which will be charged in addition at the appropriate rate from time to time.
7.3 Livery Charges shall be paid monthly in advance by standing order.
7.4 Semen Collection and Storage Charges shall be paid within 30 days of invoice date.
7.5 Time stipulated for the payment of Charges due to the Company shall be of the essence and in the event of the Owner failing to pay any Charges within the period specified the Company shall be entitled upon giving 7 days’ notice in writing to the Owner to terminate this Agreement but without prejudice to any remedies available to the Company.
7.6 The Owner shall not be entitled to set off any sums due to the Owner from the Company against any Charges due by the Owner to the Company whether pursuant to this Agreement or any other account without prior agreement.
7.7 The Company shall be entitled to interest calculated at the rate of 2% per month compound on any Charges not paid by the due date.
7.8 The Company shall be entitled to destroy semen held in storage for the Owner in the event that any Charges have not been paid by the due date SUBJECT TO the Company giving the Owner 7 day’s prior written notice of its intention so to do.
7.9 The Company shall be entitled to sell the semen held in storage for the Owner, and keep the proceeds of the sale, in the event that any Charges have not been paid by the due date SUBJECT TO the Company giving the Owner 7 day’s prior written notice of its intention so to do.
8. Removal of Bull.
8.1 The Company may require the Owner to remove the Bull from the Centre upon not less than 7 days written notice (provided such removal is not in breach of any requirement of APHA or any other competent authority) if:
8.1.1 The quantity of semen specified in the Particulars, or such other quantity as may have been agreed between the parties has been collected or:
8.1.2 The Bull is suffering any injury, infection, or ill health or is unacceptably difficult to handle or otherwise constitute a danger to the Company or its staff or employees.
8.1.3 The Company is of the opinion (acting reasonably) that the Bull will not produce semen suitable for storage or use.
8.1.4 This Agreement is terminated in accordance with clause 13.
8.2 The Owner may remove the Bull from the Centre on giving 7 days written notice to the Company SUBJECT to all Charges due to the Company having been paid in full by the Owner and all UKSS, APHA and any additional export requirements being met.
9. Liability for the Bull.
9.1 Save where the Bull is shown, to the reasonable satisfaction of the Company, to have suffered injury, infection or ill-health or to have died by reason of the negligence of the Company, its servants or agents, the Company shall not be liable for any claims for direct injury, loss or damage, whether in contract or tort, arising out of or in connection with the Bull.
9.2 The Company shall be entitled to arrange veterinary treatment of the Bull in circumstances where time will not permit the Owner’s prior permission being obtained and thereafter to obtain reimbursement of all veterinary bills occasioned thereby from the Owner.
10. Liability for Semen.
10.1 Where any semen is shown, to the reasonable satisfaction of the Company, to have been destroyed, damaged or lost by reason of negligence of the Company, its servants or agents, the Company shall have the sole option either:-
10.1.1 If the Owner so requests, to collect further semen from the Bull at the Company’s expense to replace that semen; or
10.1.2 Pay to the owner the rate per straw at which they were collected
10.2 The obligation of the Company under paragraph 9.1 above shall be accepted by the Owner in substitution for and to the exclusion of any other claims for direct injury, loss or damage against the Company, whether in contract or tort (including negligence on the part of the Company, its servants or agents) arising out of or in connection with the storage of semen.
11. General Liability.
11.1 Save as mentioned in Clauses 9 and 10 the Company shall not be liable for any claims for direct injury, loss or damage, whether in contract or tort (including negligence on the part of the Company, its servants or agents), arising out of or in connection with any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of this Agreement or a breach of a fundamental term thereof) of the Company, its servants or agents in the performance of this Agreement (including, without limiting the generality of the foregoing, any breach of any condition or warranty whether express or implied by statute law or otherwise).
11.2 The Company shall not be liable for any claims for:-
11.2.1 Economic loss, loss of production, loss of profit, loss of opportunity, loss of bargain or other indirect consequential injury, loss or damage made by the Owner against the Company, whether in contract or tort (including negligence in the part of the Company, its servants or agents), arising out of or in connection with the Bull or the collecting processing and / or storage of semen or any act, omission, neglect or default.
11.3 Without prejudice to the provisions of Clause 9 and 10 the Company shall not be held liable on the ground that:-
11.3.1 Semen that has deteriorated in the process of freezing or in storage, unless such deterioration is by reason of the negligence of the Company, its servants or agents.
11.3.2 Disease or any other damage suffered by a female animal or its progeny as a result of any artificial insemination.
11.3.3 Semen used for any artificial insemination that was defective or was from a male animal of a different breed from the female animal or from an otherwise unsuitable male animal or was not from a specified male animal.
11.3.4 No progeny, or defective progeny, have resulted from any artificial insemination; or
11.3.5 The Bull or semen is prevented from being exported to any country by reason of any import restriction or prohibition by that country which affects the Company’s premises.
11.4 Nothing in this Agreement shall:
11.4.1 Limit or exclude the liability of the Company in respect of death or personal injury resulting from the negligence of the Company, its servants or agents; or
11.4.2 Limit or exclude the respective rights and remedies of the Company and the Owner under the Unfair Contract Terms Act 1977.
12. Insurance.
12.1 The Company shall not be obliged to maintain any insurance cover in respect of injury, infection, ill health or death of the Bull. The Company recommends that the Owner ensures that the Bull is appropriately insured whilst it is located at the Centre and during its transportation to and from the Centre.
12.2 The Company shall not be obliged to maintain any insurance cover in respect of loss or destruction of or damage to semen in its possession or control from time to time. The Company recommends that the Owner ensures that all such semen is appropriately insured.
13. Indemnity.
The Owner shall indemnify the Company against any and all claims, relating to semen collected and stored for the Owner, for infringement of the rules of any cattle breeding society and of any statute or government rules or regulations governing the transfer, use or storage of semen.
14. Termination.
14.1 This Agreement may be terminated at any time by either party giving the other party seven days’ notice in writing.
14.2 All claims by the Company against the Owner hereunder shall survive any termination that is pursuant to the foregoing provisions of this Clause.
15. Destruction of Semen on Termination.
Without prejudice to any other remedy which the Company may have, the Company may destroy semen held in storage for the Owner on expiration of notice terminating this Agreement given pursuant to Clause 13 unless prior to such expiration the Owner shall have arranged for such semen to be transferred in accordance with the provisions of Clause 5.
16. Lien.
Without prejudice to any other remedy which the Company may have under this
Agreement, the Company shall, in respect of all debts of the Owner to the Company, have a general lien on all goods and property belonging to the Owner in its possession (including all semen) and shall be entitled, upon the expiration of 14 days’ notice to the Owner, to dispose of such goods or property (including semen) as it thinks fit and to apply any proceeds of sale thereof towards the payment of such debts.
17. Assignment.
The Company may assign, sub-contract or otherwise dispose of this Agreement as it thinks fit.
18. Warranty.
18.1 The Owner warrants as follows:-
18.1.1 That the Owner is the absolute owner of the Bull and undertake with the Company that neither the Bull nor any interest therein will be disposed of (whether voluntary or involuntary) without the Centre being notified forthwith of such disposal.
18.1.2 To notify the Company forthwith of the death of the Bull (if kept away from the Centre) and the reason for such death if known.
18.1.3 That the Bull is reasonably easy to handle and does not suffer from any disease, injury or ill-health except as may have been notified in writing to the Company prior to the date thereof.
18.1.4 The Owner will insure during the currency of this Agreement the Bull in the full value thereof against death or injury howsoever caused.
18.2 The Company warrants that the UKSS is currently licensed by DEFRA as a Semen Collection Centre and storage unit and that the conditions of such licence are and at all times during this Agreement will be observed and complied with.
19. Validity.
19.1 If at any time one or more of the clauses of this Agreement (or any paragraph, sub-paragraph) or any part thereof is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted therefrom and the validity and/or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
19.2 The rights and remedies of the Company under this Agreement shall not be diminished waived or extinguished by the granting of any indulgence, forbearance or extension of time by the Company, nor by any failure of or delay by the Company is asserting or exercising any such rights of remedies.
20. Force Majeure.
If the Company is prevented or hindered from performing its obligations under this Agreement by any circumstances beyond its reasonable control including (but without limiting the generality of the foregoing) strike, lock out or other industrial action, power or machinery breakdown or failure, fire, flood, civil commotion or any other cause of whatever kind and whenever occurring, further performance of this Agreement shall be suspended for so long as the Company is so prevented or hindered. Provided that, in such circumstances, the Owner shall be entitled, by notice in writing to the Company forthwith, to terminate this Agreement and the Owner shall pay Charges due to the actual date of termination. The Company shall not be liable to the owner for any direct or consequential loss or damage suffered by the Owner as a result of the Company’s inability to perform its obligations under this Agreement by reason of any such circumstances.
21. Change of Address or Notices.
21.1 The Owner shall keep the Company informed from time to time of their address and of any change thereof.
21.2 Any notice or communication required to be given or sent by the Company to the Owner hereunder or in connection herewith shall be deemed to have been properly given or sent if delivered or sent by post addressed to the Owner at the last address of which the
Owner shall have given notice to the Company.
22. Privacy and Data Protection
22.1 UK Sire Services Ltd is committed to protecting and respecting the Client’s privacy. This clause sets out the basis on which any personal data UKSS collects from the Client – or that the Client provides to UK Sire Services Ltd – will be processed by UKSS. For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is UKSS.
22.2 UKSS may collect and process the following personal data about the Client:
22.2.1 The name, address, telephone number and email address of the Client.
22.2.2 If the Client contacts UKSS by any means, UKSS may keep a record of that correspondence.
22.2.3 Details of the Client’s orders from UKSS.
22.2.4 Information that the Client provides by filling in forms which the Client returns to UKSS.
22.3 UKSS uses information held about the Client in the following ways:
22.3.1 To provide the Client with information, products or services that the Client requests from UKSS or which UKSS feels may interest the Client, where the Client has consented to be contacted for such purposes.
22.3.2 To carry out UKSS obligations arising from any contracts entered into between the Client and UKSS.
22.3.3 To notify the Client about changes to the goods and services supplied by UKSS.
22.4 UKSS may also use the Client’s personal data to provide the Client with information about goods and services which are identical or similar to those previously purchased by the Client, and UKSS may contact the Client about these by email, post or telephone. UKSS may permit selected third parties to use the Client’s personal data to provide the Client with information about goods and services which are of the same type as those previously purchased by the Client, and they may contact the Client about these by post or telephone. For example, if the Client has purchased semen from UKSS which was originally supplied by a US-based third-party supplier, then UKSS may pass the Client’s details to that US-based supplier of semen. UKSS will not pass the Client’s details to any third parties which provide goods or services that are not are of the same type as those previously purchased by the Client.
22.5 UKSS will use all reasonable endeavours to ensure that transfers of the Client’s personal data to any selected third party located outside the European Economic Area (“EEA”) will comply with the Act. By submitting the Client’s personal data, the Client agrees to these transfers of personal data outside the EEA.
22.6 If the Client is an existing customer, UKSS will only contact the Client by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to the Client.
22.7 If the Client is a new customer, and where UKSS permits selected third parties to use the Client’s personal data, UKSS (or they) will contact the Client by electronic means only if the Client has consented to this.
22.8 UKSS may disclose aggregated data that does not give any information about identifiable individuals to any of its suppliers (whether located inside or outside the EEA) including the total number of its customers who have bought a supplier’s products and, if a supplier is located outside the EEA, the proportion of those customers who have not consented to their personal data being transferred outside the EEA.
22.9 UKSS may disclose the Client’s personal information to any member of UK Sire Services Ltd group.
22.10 UKSS may disclose the Client’s personal information to third parties:
22.10.1 In the event that UKSS sell or buy any business or assets, in which case UK Sire Services Ltd may disclose the Client’s personal data to the prospective seller or buyer of such business or assets.
22.10.2 If UKSS or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
22.10.3 If UKSS is under a duty to disclose or share the Client’s personal data in order to comply with any legal obligation, the Terms or other agreements; or to protect the rights, property, or safety of UKSS, UKSS customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
22.11 The Client has the right to ask UKSS not to process its personal data for marketing purposes or to disclose the Client’s information to any third party for such purposes. The Client can exercise its right to prevent such processing at any time by contacting UKSS.
22.12 The Act gives the Client the right to access information held about the Client. The Client’s right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet UKSS costs in providing the Client with details of the information UKSS holds about the Client.
22.13 Any changes UKSS may make to its privacy policy in the future will be notified to the Client by e-mail.
22.14 Questions, comments and requests regarding this privacy policy are welcomed and should be sent to UKSS.
23. Registered Office.
The Registered Office of the Company is:-
Venton Stud
Tigley
Totnes
TQ9 6DP
Domestic Collection Terms and Conditions
1. Relevance
1.1. These Terms and Conditions apply to all bull owners who have an APHA issued licence to collect semen on their premises and have chosen UK Services Ltd (UKSS) as their processing centre.
1.2. All semen that is collected from the bull owner’s farm and sent to UK Sire Services Limited (UKSS) for processing for the duration of the licence, shall be covered by the particulars described below.
1.3. All semen that that is stored at UK Sire Services Ltd (UKSS) after completion of the collection and processing, shall also be covered by these terms and conditions.
1.4. Any variation to the terms must be agreed in writing by a director of UK Sire Services Ltd (UKSS).
2. On farm collections.
2.1 UKSS advises you to use one of our recommended independent collectors. They are fully trained to collect semen using an AV.
2.2 Collectors may conduct a visual assessment of the semen on site, but the result might not be indicative of the final outcome as a more thorough evaluation will be conducted using specialist equipment in the laboratory.
2.3 If you wish to use a non-recommended collector, UKSS will provide basic instructions and consumables to them but cannot be held responsible for the quality of the technique used.
2.4 Samples will be sent back to the laboratory via Royal Mail. UKSS is not liable for any delays in the postal service.
2.5 Alternative courier services may be employed but all semen samples must be received at UKSS by either 3.30pm on the day of collection or 9am on the day after the collection and are to be organised by the customer. UKSS will not be held liable for any change in semen quality during transit, or any delays in delivery resulting from the courier providers.
3. Processing semen at UK Sire Services Ltd
3.1 All semen collected must reach UKSS by 9am Tuesday-Friday. If semen is delayed in the post and will therefore arrive on a Saturday UKSS are not obliged to process the semen.
3.2 All semen collected from the Bull shall remain the property of the Owner.
3.3 All semen will be second checked on arrival. Any samples that do not meet the minimum requirements set by UKSS in order to achieve a successful freeze will be discarded.
3.4 The Company may at its own discretion treat the semen as it shall deem appropriate with a view to rendering it serviceable.
3.5 The Company shall store all semen collected from the Bull in a suitable manner at the Centre until such time as it shall be released or destroyed in accordance with the terms of this Agreement or until the date of termination of this Agreement PROVIDED ALWAYS THAT the Company shall not be obliged to store semen if in the sole opinion of the Company it is unsuitable for use or for storage in which event such semen may be destroyed by the Company without reference to the Owner.
3.6 Once semen is frozen a straw will be thawed to check that it has met the minimum requirements set to ensure that the sample is suitable for use in AI.
3.7 If the sample does not meet these requirements UKSS will destroy the straws without seeking approval from the owner.
3.8 Any requests for samples of poor quality to be kept must be communicated before the samples are processed. If the owner wishes to move the low quality semen into storage, then a disclaimer must be signed.
3.9 The decision of the UKSS laboratory staff on the quality of the semen is final. Any results of external testing will not alter the need for a disclaimer if UKSS deem the semen to be unsuitable.
3.10 UKSS will not be held liable for any fertility issues that result from the use of samples that have been released to the customer in accordance with a signed disclaimer.
4. Semen storage
4.1 Samples will be moved from the processing centre to UKSS’ store.
4.2 Samples will then be retained in quarantine for 30 days. The first day of quarantine will be counted as the day the straws arrive in the store and not the day of the processing. UKSS move straws on a regular but not daily basis to the store.
4.3 All semen collected from the Bull shall remain the property of the Owner unless we are notified in writing of any changes.
4.4 UKSS shall store all semen collected from the Bull in a suitable manner at the store until such time as it shall be released or destroyed.
5. Transfer of Semen.
5.1 If the owner wishes for the semen to be transferred to another site, they must inform the company in writing. Instructions to be sent by e-mail to [email protected].
5.2 The Owner agrees that semen shall not be released in the following circumstances:
5.2.1 While the semen is in quarantine.
5.2.2 The time of release falls during a period in which the Company’s premises are within an infected place or area for the purposes of the Animal Health Act 1981 or any other Act relating to diseases of animals.
5.2.3 The Company is not satisfied that the person to whom the semen is to be released has any requisite licence to store or distribute it.
5.2.4 Any Charges are outstanding and due from the Owner to the Company.
6. Delivery
6.1 Any delivery dates given to the Client are estimated only and the time for delivery of any goods or for the performance of any services by UKSS under any contract shall not be of the essence of that contract and failure to effect such delivery or performance by any specified date shall not constitute a breach of contract by UKSS which shall have the power to postpone or suspend delivery of any goods or services contracted for any reason whatsoever at UKSS absolute discretion. The Client shall accept any such delayed or suspended deliveries (whether of goods or services) and shall not be entitled to any compensation in respect thereof.
6.2 Delivery of goods or services shall be affected when the goods are unloaded, or the services provided at the address(es) notified by the Client to UKSS.
6.3 The risk in any goods shall pass to the Client at the time of delivery in accordance with the Terms.
7. Charges and Payment.
7.1 Customers will be informed of the current price lists at the point of enquiry but will be charged in accordance with any subsequent price list issued by the Company and in force at the date the Charges are incurred.
7.2 Charges are exclusive of VAT which will be charged in addition at the appropriate rate from time to time.
7.3 Semen Collection and Storage Charges shall be paid within 30 days of the invoice date.
7.4 Time stipulated for the payment of Charges due to the Company shall be of the essence and in the event of the Owner failing to pay any Charges within the period specified the Company shall be entitled upon giving 7 days’ notice in writing to the Owner to terminate this Agreement but without prejudice to any remedies available to the Company.
7.5 The Owner shall not be entitled to set off any sums due to the Owner from the Company against any Charges due by the Owner to the Company whether pursuant to this Agreement or any other account without prior agreement.
7.6 The Company shall be entitled to interest calculated at the rate of 2% per month compound on any Charges not paid by the due date.
7.7 The Company shall be entitled to destroy semen held in storage for the Owner in the event that any Charges have not been paid by the due date SUBJECT TO the Company giving the Owner 7 day’s prior written notice of its intention so to do.
7.8 The Company shall be entitled to sell the semen held in storage for the Owner, and keep the proceeds of the sale, in the event that any Charges have not been paid by the due date SUBJECT TO the Company giving the Owner 7 day’s prior written notice of its intention so to do.
8. Liability for Semen.
8.1 Where any semen is shown, to the reasonable satisfaction of the Company, to have been destroyed, damaged or lost by reason of negligence of the Company, its servants or agents, the Company shall have the sole option either: -
8.1.1 If the Owner so requests, to collect further semen from the Bull at the Company’s expense to replace that semen; or
8.1.2 Pay to the owner the rate per straw at which they were collected.
9. General Liability.
9.1 The Company shall not be liable for any claims for: -
9.1.1 Economic loss, loss of production, loss of profit, loss of opportunity, loss of bargain or other indirect consequential injury, loss or damage made by the Owner against the Company, whether in contract or tort (including negligence in the part of the Company, its servants or agents), arising out of or in connection with the Bull or the collecting processing and / or storage of semen or any act, omission, neglect or default.
9.1.2 Semen that has deteriorated in the process of freezing or in storage, unless such deterioration is by reason of the negligence of the Company, its servants or agents.
9.1.3 Disease or any other damage suffered by a female animal or its progeny as a result of any artificial insemination.
9.1.4 Semen used for any artificial insemination that was defective or was from a male animal of a different breed from the female animal or from an otherwise unsuitable male animal or was not from a specified male animal.
9.1.5 No progeny, or defective progeny, have resulted from any artificial insemination; or
9.1.6 The Bull or semen is prevented from being exported to any country by reason of any import restriction or prohibition by that country which affects the Company’s premises.
9.2 Nothing in this Agreement shall:
9.2.1 Limit or exclude the liability of the Company in respect of death or personal injury resulting from the negligence of the Company, its servants or agents; or
9.2.2 Limit or exclude the respective rights and remedies of the Company and the Owner under the Unfair Contract Terms Act 1977.
10. Insurance.
10.1 The Company shall not be obliged to maintain any insurance cover in respect of loss or destruction of or damage to semen in its possession or control from time to time. The Company recommends that the Owner ensures that all such semen is appropriately insured.
11. Indemnity.
The Owner shall indemnify the Company against any and all claims, relating to semen collected and stored for the Owner, for infringement of the rules of any cattle breeding society and of any statute or government rules or regulations governing the transfer, use or storage of semen.
12. Termination.
12.1 This Agreement may be terminated at any time by either party giving the other party seven days’ notice in writing.
12.2 All claims by the Company against the Owner hereunder shall survive any termination that is pursuant to the foregoing provisions of this Clause.
13.
Destruction of Semen on Termination.
Without prejudice to any other remedy which the Company may have, the Company may destroy semen held in storage for the Owner on expiration of notice terminating this Agreement given pursuant to Clause 13 unless prior to such expiration the Owner shall have arranged for such semen to be transferred in accordance with the provisions of Clause 5.
14. Lien.
Without prejudice to any other remedy which the Company may have under this
Agreement, the Company shall, in respect of all debts of the Owner to the Company, have a general lien on all goods and property belonging to the Owner in its possession (including all semen) and shall be entitled, upon the expiration of 14 days’ notice to the Owner, to dispose of such goods or property (including semen) as it thinks fit and to apply any proceeds of sale thereof towards the payment of such debts.
15. Assignment.
The Company may assign, sub-contract or otherwise dispose of this Agreement as it thinks fit.
16. Warranty.
16.1 The Owner warrants as follows: -
16.1.1 That the Owner is the absolute owner of the Bull and undertake with the Company that neither the Bull nor any interest therein will be disposed of (whether voluntary or involuntary) without the Centre being notified forthwith of such disposal.
16.1.2 To notify the Company forthwith of the death of the Bull (if kept away from the Centre) and the reason for such death if known.
16.1.3 That the Bull is reasonably easy to handle and does not suffer from any disease, injury or ill-health except as may have been notified in writing to the Company prior to the date thereof.
16.1.4 The Owner will insure during the currency of this Agreement the Bull in the full value thereof against death or injury howsoever caused.
16.2 The Company warrants that the Centre is currently licensed by DEFRA as Semen Collection Centre and storage unit and that the conditions of such licence are and at all times during this Agreement will be observed and complied with.
17. Validity.
17.1 If at any time one or more of the clauses of this Agreement (or any paragraph, sub-paragraph) or any part thereof is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted therefrom and the validity and/or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
17.2 The rights and remedies of the Company under this Agreement shall not be diminished waived or extinguished by the granting of any indulgence, forbearance or extension of time by the Company, nor by any failure of or delay by the Company is asserting or exercising any such rights of remedies.
18. Force Majeure.
If the Company is prevented or hindered from performing its obligations under this Agreement by any circumstances beyond its reasonable control including (but without limiting the generality of the foregoing) strike, lock out or other industrial action, power or machinery breakdown or failure, fire, flood, civil commotion or any other cause of whatever kind and whenever occurring, further performance of this Agreement shall be suspended for so long as the Company is so prevented or hindered. Provided that, in such circumstances, the Owner shall be entitled, by notice in writing to the Company forthwith, to terminate this Agreement and the Owner shall pay Charges due to the actual date of termination. The Company shall not be liable to the owner for any direct or consequential loss or damage suffered by the Owner as a result of the Company’s inability to perform its obligations under this Agreement by reason of any such circumstances.
19. Change of Address or Notices.
19.1 The Owner shall keep the Company informed from time to time of their address and of any change thereof.
19.2 Any notice or communication required to be given or sent by the Company to the Owner hereunder or in connection herewith shall be deemed to have been properly given or sent if delivered or sent by post addressed to the Owner at the last address of which the Owner shall have given notice to the Company.
20. Privacy and Data Protection
20.1 UKSS is committed to protecting and respecting the Client’s privacy. This clause sets out the basis on which any personal data UKSS collects from the Client – or that the Client provides to UKSS – will be processed by UKSS. For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is UKSS.
20.2 UKSS may collect and process the following personal data about the Client:
20.2.1 The name, address, telephone number and email address of the Client.
20.2.2 If the Client contacts UKSS by any means, UKSS may keep a record of that correspondence.
20.2.3 Details of the Client’s orders from UKSS.
20.2.4 Information that the Client provides by filling in forms which the Client returns to UKSS.
20.3 UKSS uses information held about the Client in the following ways:
20.3.1 To provide the Client with information, products or services that the Client requests from UKSS or which UKSS feels may interest the Client, where the Client has consented to be contacted for such purposes.
20.3.2 To carry out UKSS obligations arising from any contracts entered into between the Client and UKSS.
20.3.3 To notify the Client about changes to the goods and services supplied by UKSS.
20.4 UKSS may also use the Client’s personal data to provide the Client with information about goods and services which are identical or similar to those previously purchased by the Client, and UKSS may contact the Client about these by post or telephone. UKSS may permit selected third parties to use the Client’s personal data to provide the Client with information about goods and services which are of the same type as those previously purchased by the Client, and they may contact the Client about these by
email post or telephone. For example, if the Client has purchased semen from UKSS which was originally supplied by a US-based third-party supplier, then UKSS may pass the Client’s details to that US-based supplier of semen. UKSS will not pass the Client’s details to any third parties which provide goods or services that are not are of the same type as those previously purchased by the Client.
20.5 UKSS will use all reasonable endeavours to ensure that transfers of the Client’s personal data to any selected third party located outside the European Economic Area (“EEA”) will comply with the Act. By submitting the Client’s personal data, the Client agrees to these transfers of personal data outside the EEA.
20.6 If the Client is an existing customer, UKSS will only contact the Client by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to the Client.
20.7 If the Client is a new customer, and where UKSS permits selected third parties to use the Client’s personal data, UKSS (or they) will contact the Client by electronic means only if the Client has consented to this.
20.8 UKSS may disclose aggregated data that does not give any information about identifiable individuals to any of its suppliers (whether located inside or outside the EEA) including the total number of its customers who have bought a supplier’s products and, if a supplier is located outside the EEA, the proportion of those customers who have not consented to their personal data being transferred outside the EEA.
20.9 UKSS may disclose the Client’s personal information to any member of UKSS group.
20.10 UKSS may disclose the Client’s personal information to third parties:
20.10.1 In the event that UKSS sell or buy any business or assets, in which case UKSS may disclose the Client’s personal data to the prospective seller or buyer of such business or assets.
20.10.2 If UKSS or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
20.10.3 If UKSS is under a duty to disclose or share the Client’s personal data in order to comply with any legal obligation, the Terms or other agreements; or to protect the rights, property, or safety of UKSS, UKSS customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
20.11 The Client has the right to ask UKSS not to process its personal data for marketing purposes or to disclose the Client’s information to any third party for such purposes. The Client can exercise its right to prevent such processing at any time by contacting UKSS.
20.12 The Act gives the Client the right to access information held about the Client. The Client’s right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet UKSS costs in providing the Client with details of the information UKSS holds about the Client.
20.13 Any changes UKSS may make to its privacy policy in the future will be notified to the Client by e-mail.
20.14 Questions, comments and requests regarding this privacy policy are welcomed and should be sent to UKSS.
21. Registered Office.
The Registered Office of the Company is:-
Venton Stud
Tigley
Totnes
TQ9 6DP
