General terms and conditions

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

All prices shown are understood as inclusive of statutory VAT. Exceptions are noted in writing. 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) 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 in relation to refunds (proven bull daughters, key accounts, etc) can 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 (breeding organisations, Identitas AG etc.) is possible.

7 Warranty and liability scope

Swissgenetics carries out all its work with the requisite care and operates a quality management system according to ISO 9001:2000. Unless specified otherwise, the liability of Swissgenetics is aligned with statutory provisions. Swissgenetics is only liable up to the proven damage amount and is not liable 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:

7.1. Swissgenetics assumes no liability for damages caused by incorrect performance data or breeding values. The latest relevant data is extracted from competent farming organisations.

7.2. 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.

7.3. Swissgenetics assumes no liability for semen doses as regards the pregnancy rate and is not liable for occurrences of deformities, heavy or stillbirths.

7.4. 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.

7.5. Should a customer wish to exchange a bull, Swissgenetics assumes no subsequent costs relating to parentage checks for the herd-book.

7.6. Swissgenetics only recognises claims for damages due to accidents and injuries of animals by its employees if it was possible to assess the affected animal by Swissgenetics or by independent experts designated by both parties.

7.7. 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 Place of jurisdiction and applicable law

The place of jurisdiction is Zollikofen, Canton of Bern. The legal relationship is subject to Swiss law.

9 Publication and modification of the General Terms and Conditions.

The General Terms and Conditions are published in the TORO Spezial catalogue and on the website 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, 1 January 2012