{"id":4076,"date":"2020-10-12T16:56:56","date_gmt":"2020-10-12T16:56:56","guid":{"rendered":"https:\/\/www.progressivegenetics.ie\/?page_id=4076"},"modified":"2022-01-09T19:24:58","modified_gmt":"2022-01-09T19:24:58","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/www.progressivegenetics.ie\/terms-conditions\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]PROGRESSIVE GENETICS IRELAND LIMITED TERMS AND CONDITIONS (\u2018Terms and Conditions\u2019)<\/strong><\/p>\n

Progressive Genetics Ireland Limited and its subsidiary Rowler Ltd (\u2018PG\u2019) carries on the business of an AI service provider and related activities such as DIY semen sales, sexed semen sales,milk recording, liquid nitrogen servicing, storage of semen and sales of related products (\u2018services\u2019) to farmers and other parties requiring these goods and services (\u2018Customers\u2019)<\/p>\n

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  1. Warranties<\/strong><\/li>\n<\/ol>\n

    1.1 PG warrants to the Customer that it shall use reasonable care to supply goods & services that are in line with Good Industry Practice and, except in relation to any semen supplied by PG, free from material defects.<\/p>\n

    1.2 Good Industry Practice means the standard of skill, diligence, prudence and foresight that would reasonably and ordinarily be expected from a skilled and experienced person engaged in the business of cattle breeding under the same or similar circumstances and in compliance with all applicable laws and regulations.<\/p>\n

    1.3. The Customer acknowledges and agrees, having regard to the above Clause 1.1, that:<\/p>\n

    (a) semen is the product of a natural biological process over which PG has no direct control and that PG does not warrant or represent to the Customer that any PG Semen that it supplies or distributes-<\/p>\n

    (i) will result in a viable pregnancy;<\/p>\n

    (ii) will produce a calf that exhibits all or any of the characteristics described in any genetic evaluation; or<\/p>\n

    (iii) is free from defects, including genetic defects.<\/p>\n

    1.4 The Customer acknowledges that semen are fragile and easily damaged or destroyed.\u00a0 The Customer acknowledges that PG has no liability for any semen or packaging that is damaged or destroyed while being processed, stored or transported.<\/p>\n

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    1. Limitation of Liability for All Goods and Services<\/strong><\/li>\n<\/ol>\n

      2.1 Nothing in these Conditions shall exclude or limit PG\u2019s liability:<\/p>\n

      (a) under the tort of deceit;<\/p>\n

      (b) for death or injury to any person caused by its negligence;<\/p>\n

      (c) any breach of an obligation implied by Section 12 of the Sale of Goods Act, 1893 (if any); or<\/p>\n

      (d) any other liability to the extent that, under applicable law, it cannot be excluded or limited;<\/p>\n

      and all of the provisions of this Clause 2 are subject to the provisions of this Clause 2.1<\/p>\n

      2.2 PG shall not be liable to the Customer or be deemed to be in breach of the warranty in Clause 1.2 unless:<\/p>\n

      (a) the Customer gives written notice of the defect in the goods to PG within 5 Business Days of the time when the Customer discovers or ought to have discovered the defect; and<\/p>\n

      (b) PG is given a reasonable opportunity after receiving notice of examining the goods and the Customer (if requested by PG) returns the goods to PG\u2019s place of business at PG\u2019s cost for examination to take place there.<\/p>\n

      2.3 PG shall not be liable for a breach of the warranty in Clause 1.1 if:<\/p>\n

      (a) the Customer or any third party makes any further use of the goods in question after the Customer gives such notice;<\/p>\n

      (b) the defect arises as a result of failure by the Customer or a third party to follow PG\u2019s oral or written instructions relating to the storage, transportation, use or maintenance of the goods or (if PG gives no such instructions) Good Industry Practice;<\/p>\n

      (c) the Customer alters or repairs the goods without the prior written consent of PG;<\/p>\n

      (d) the defect arises as a result of any fair wear and tear, or any abnormal or unsuitable transportation, storage or working conditions or use for which the Customer or the end user is responsible;<\/p>\n

      (e) the defect arises as a result of any wilful damage, negligence, or default of the Customer, end user, any third party AI technician or any other third party; or<\/p>\n

      (f) where the goods comprise semen supplied by PG, the defect comprises, or is caused by, an inherent defect or abnormality in the goods.<\/p>\n

      2.4 PG shall not be liable for:<\/p>\n

      (a) any shortages in quantity of goods delivered unless the Customer notifies PG of a claim in writing within 5 business Days of receipt of the goods by the Customer;<\/p>\n

      (b) destruction of, damage to or loss of the goods, including any semen (or any part of them) whether stored or in transit by or on behalf of PG, unless such destruction, damage or loss is caused by PG\u2019s negligence or fault and the Customer notifies PG in writing of a claim within 5 business days of receipt of the goods or the scheduled date of delivery, whichever is the earlier;<\/p>\n

      (c) any loss, destruction or damage to goods (or any part of them) which they are in PG\u2019s custody during storage or use which is caused by any person other than PG; or<\/p>\n

      (d) in keeping with Clause 2.4(b), loss or damage to goods caused by semen straws rupturing or escaping from the storage container and\/or the failure of a vacuum device during storage or transportation.<\/p>\n

      2.5 Any liability of PG for non-delivery of the goods and\/or services shall be limited to replacing the goods and\/or services (in the cheapest available market) within a reasonable time or issuing a credit note at the pro rata price against any invoice raised for the goods and\/or the services.<\/p>\n

      2.6 PG shall be entitled to suspend delivery of the goods or supply of the services without incurring liability to the Customer if, and for so long as, the Customer fails to provide (or fails to ensure that the end user provides) PG with facilities, co-operation and assistance.<\/p>\n

      2.7 If any goods do not conform with the warranty in Clause 1.1, PG shall at its option repair or replace the relevant goods (or the defective part) or refund the price of those goods at the pro rata price provided that, if PG so requests, the Customer shall, at PG\u2019s reasonable expense, return the goods or the part of the goods which is defective to PG. If PG complies with this Clause 2.7, it shall have no further liability for breach of the warranty in Clause 1.1 in respect of these goods, save as expressly provided otherwise in these Terms and Conditions.<\/p>\n

      2.8 If any part of the Services is performed negligently or in breach of these Conditions then, at the request of the Customer, PG shall re-perform the relevant part of the services. If PG complies with this Clause 2.8 it shall have no further liability in respect of those services save as expressly provided otherwise in these Terms and Conditions.<\/p>\n

      2.9 Save for Clauses 3 and 4, PG\u2019s liability in respect of any losses arising due to a breach of Clause 1.1 which results in the birth of a calf with a breed or parentage other than specified by the Customer, shall be limited to the lower of:<\/p>\n

      (a) \u20ac1,000; or<\/p>\n

      (b) the difference in value between the calf as born and the value, on the date of birth of such calf, of a calf of the same sex of the calf as born having the correct breed and parentage.<\/p>\n

      2.10 Save for Clauses 3 and 4, PG\u2019s liability in respect of any losses arising from the death or injury to a cow resulting from PG\u2019s negligence shall be limited to:<\/p>\n

      (a) any veterinary expenses reasonably incurred in relation to that cow up to a maximum of \u20ac1,000; and<\/p>\n

      (b) the lower of:<\/p>\n

      (i) \u20ac2,000; or<\/p>\n

      (ii) the difference in the value of the cow immediately before death or injury and its value immediately thereafter.<\/p>\n

      2.11 Additionally, specifically in relation to the provisions of services by PG, PG shall have no liability whatsoever:<\/p>\n

      (a) for death or injury of a cow for which AI services are being provided that occur as a result of that cow being in a crush or untethered in a holding pen while the AI services are being provided; and<\/p>\n

      (b) if, at the request of the Customer and\/or the end user, one of PG\u2019s employees, agents or sub-contractors assists in tethering a cow, for any accidents or injuries to animals or people while providing such assistance. Neither PG nor its employees, agents or sub-contractors shall be obliged to provide such assistance to the Customer.<\/p>\n

      2.12 Subject to Clause 2.1, PG shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise):<\/p>\n

      (a) loss of revenue;<\/p>\n

      (b) loss of actual or anticipated profits;<\/p>\n

      (c) loss of contracts;<\/p>\n

      (d) loss of the use of money;<\/p>\n

      (e) loss of anticipated savings;<\/p>\n

      (f) loss of business<\/p>\n

      (g)loss of opportunity;<\/p>\n

      (h) loss of goodwill;<\/p>\n

      (i) loss of reputation;<\/p>\n

      (j) loss of, damage to or corruption of data; or<\/p>\n

      (k) any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in sub-clauses (a) to (j) above) whether arising out of, or in connection with, or in relation to any goods or services or the supply or non-supply or purported supply or delay in supply of any goods or services to the Customer or otherwise out of or in connection with or in relation to any transaction or matter contemplated by these Terms and Conditions.<\/p>\n

      2.13 Subject to Clause 2.1, PG does not accept, and excludes, all liability for breach of any obligation or duty to take reasonable care or exercise reasonable skill other than any such obligation or duty explicitly arising under these Terms and Conditions.<\/p>\n

      2.14 Subject to Clause 2.1, PG shall have no liability in contract, tort (including, without limitation, negligence) or otherwise for any loss or cost suffered or incurred by the Customer arising out of or in connection with any act or omission on the part of a person to whom any of PG\u2019s duties or obligations under these Terms and Conditions has been delegated or sub-contracted provided that PG exercised reasonable skill and care in the act of making the delegation or sub-contract in question.<\/p>\n

      2.15 Nothing in these Terms and Conditions shall or shall be deemed to relieve the Customer of any common law duty to mitigate any loss or damage incurred by it.<\/p>\n

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      1. Sexed Semen<\/strong><\/li>\n<\/ol>\n

        As provided for in Clause 1,in the case of sexed semen the product is modified by a third party and PG does not warrant or represent that any sorting\/sex skew\/processing levels referred to in its marketing literature will result in a corresponding sex ratio in calves produced from the sexed semen. PG makes no warranty as to the efficacy or use\/performance of any sexed straw or skewed semen, success rate with respect to in vitro or AI fertilisation or with respect to sex at birth.\u00a0 PG makes no other representations and extends no other warranties of any kind (all of which are hereby expressed disclaimed), either express or implied.\u00a0 PG assumes no responsibility whatsoever with respect to use, sale or other disposition by the Customer or other transferees of PG straws, semen or other goods resulting from the services provided by PG.<\/p>\n

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        1. Young Bull\/Gene Ireland<\/strong><\/li>\n<\/ol>\n

          This section covers the sale of young bull semen which may be sold or delivered by PG or delivered via the ICBF Gene Ireland programme (the \u201cProgramme\u201d).\u00a0 The Gene Ireland programme is a test programme administered by the Irish Cattle Breeding Federation Society Limited (\u201cICBF\u201d) on behalf of the Irish AI industry partners of which PG is a member.<\/p>\n