General terms and conditions of Swissgenetics
1 Scope
These General Terms and Conditions govern the relationship between Swissgenetics and its customers. All services of Swissgenetics are fully subject to these conditions, unless they have been amended or supplemented by written agreements.
2 Legal grounds
The Animal Breeding Ordinance, the Swiss Federal Ordinance on epizootic diseases together with the corresponding technical guidelines and EU Directive 88/407/EEC apply specifically to the activities of Swiss Genetics and are binding on its business relationships.
3 Information on the service offering
The service offering (products and services) of Swissgenetics is described in the relevant publications of the most recent date. The respective data is based on valid information at the time this report was prepared. Subject to changes up to the time of sale.
4 Prices and payment terms
Swissgenetics reserves the right to amend its prices at any time. Surcharges may be added for special services.
Payments are made in cash or on presentation of an invoice. Invoices are payable within 15 days or shall be charged within this period to a bank (“LSV” direct debit with right of objection) or to a postal check account (direct debit). Swissgenetics reserves the right to correct invoices containing errors at any time.
5 Vouchers and credits
Vouchers from Swissgenetics can be redeemed during the validity period printed on the voucher. Personally-addressed vouchers may not be transferred to third parties. There is no entitlement to a cash payout of vouchers.
Voluntary credits from Swissgenetics an be redeemed with the Swissgenetics sales force. They shall expire two years after the last business transaction. There is no entitlement to a transfer to a third party or to a cash payout. Swissgenetics reserves the right to correct incorrect voucher amounts at any time.
6 Data protection
Swissgenetics complies with data protection provisions and endeavours to handle its customer data carefully. Within the context of insemination activity the exchange of animal data with other organisations is possible.
7 Protection of intellectual property
Swissgenetics products and services are intended for the end user. The copying or analysis (reverse engineering) of special technical products of Swissgenetics or of third parties which are delivered by Swissgenetics to the end customer is prohibited. Breaches of patent rights on patent-protected products may be prosecuted at the instigation of Swissgenetics and/or the manufacturers.
8 Warranty and liability scope
Swissgenetics carries out all its work with the requisite care and operates a quality management system according to ISO 9001:2015. Unless otherwise specified, the liability of Swissgenetics is based on statutory provisions.
Swissgenetics is liable only up to the proven damage amount and assumes no liability for force majeure, consequential damages or lost profits. Swissgenetics assumes no liability for damage caused by misuse or careless handling by third parties.
A disclaimer of warranty and liability applies in the following cases in particular:
8.1 Swissgenetics assumes no liability for damages caused by incorrect performance data or breeding values. The latest relevant data is extracted from the responsible farming organisations.
8.2 Swissgenetics assumes no warranty concerning the expected characteristics of heirs since the inheritance characteristics of bulls as described by the breeding values are only ever transferred onto their heirs with a specific probability.
8.3 Swissgenetics assumes no liability for semen doses as regards the pregnancy rate or gender ratio, and is not liable for occurrences of deformities, heavy or still births.
8.4 Swissgenetics complies with the statutory provisions for artificial insemination (see Para. 2) and therefore accepts no liability whatsoever in respect of communicable diseases.
8.5 Swissgenetics cannot assume any guarantees as regards technical, breeding or sanitary quality for semen doses from third parties that it purchases or sells, or stores and transfers, on behalf of its customers. The same applies to semen doses which Swissgenetics stores and transfers on behalf of its customers.
8.6 For the production of semen doses, Swissgenetics works with third parties such as Sexing Technologies and SpermVital. These third parties may impose additional conditions on the use of their products and services (see respective websites). Swissgenetics accepts no liability for non-compliance with these conditions.
8.7 Should a customer wish to exchange a bull, Swissgenetics assumes no subsequent costs relating to parentage checks for the herd-book.
8.8 Swissgenetics recognises claims for damages due to accidents and injuries of animals by its employees only if it was possible for the affected animal to be examined and assessed by Swissgenetics or by independent experts designated by both parties.
8.9 For commercial products (farm supply products) Swissgenetics assumes no warranty as regards data accuracy from the manufacturer and is not liable for improper storage or use. The warranty provisions of the supplier or manufacturer apply.
8.10 The semen doses and embryos produced by Swissgenetics do not originate from a clone or the first- and second- generation heirs of a clone (parents or grandparents). Swissgenetics requires suppliers to confirm that they comply with this standard. In the case of semen doses and embryos from third parties which are transferred by the insemination service, as well as embryos and semen doses which Swissgenetics imports on behalf of third parties, Swissgenetics assumes no guarantee that these are clone-free.
9 Place of jurisdiction and applicable law
The place of jurisdiction is Zollikofen, Canton of Bern. The legal relationship is subject to Swiss law.
10 Publication and modification of the General Terms and Conditions.
The General Terms and Conditions are on the website swissgenetics.ch. Swissgenetics reserves the right to make changes at any time; these General Terms and Conditions come into force with the publication of the German version on the website.
Zollikofen, 28 August 2018