Terms and Conditions - Farmer to Farmer

1. DEFINITIONS

"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
"Buying Group" means a group of farmers who have formally agreed to purchase products through an established company which guarantees to pay for products on behalf of the farmer.
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
"Goods" means the semen-straws, artificial insemination products or other products that the Buyer agrees to buy from the Seller;
"List Price" means the list price of the semen-straws, artificial insemination products or other products as published on the Sellers website;
"Order" means the placing of an order for semen-straws, artificial insemination products or other products using the shopping cart and checkout facilities provided on the Seller's website at http://www.farmertofarmer.co.uk;
"Seller" means Farmer To Farmer LLP (Partnership No. OC329632) trading as farmertofarmer.co.uk of The Courtyard, Preese Hall Farm, Preston, Lancashire PR4 3HT;
"Selling Price" means the selling price of the semen-straws, artificial insemination products or other products as published on the Sellers website;
"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed separately in writing by the Seller.

2. CONDITIONS

a. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
b. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
c. Placing an Order for Goods using the shopping cart and checkout facilities provided on the Seller's website at http://www.farmertofarmer.co.uk shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
d. The Seller retains the right to cancel an Order if the Buyer cannot fulfil his financial obligations under the Contract or there is an outstanding County Court judgement against the Buyer or the Buyer has been declared bankrupt or the Buyer's organisation is in receivership or under a winding up order;
e. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
f. The Buyer may cancel the Contract by providing immediate notification by email to be received by the Seller before the despatch of the Goods from the Sellers semen distribution centre, which in normal circumstances may be less than 24 hours from receipt of payment.

3. ORDERING

a. All Orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an Order for any reason.
b. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

4. PRICE AND PAYMENT

a. The Selling Price of the Goods shall be as stipulated on the Seller's Website. The Selling Price does not include delivery charges (unless clearly stated) or Value Added Tax which will be charged at the prevailing United Kingdom VAT rate on the date the Order is made.
b. The total purchase price, including VAT and delivery charges, will be displayed in the Buyer's shopping cart prior to confirming the Order.
c. After the Order is received the Seller shall confirm by email the details, description and total price for the Goods together with information on the right to cancel if the Buyer is a Consumer. d. It is the Buyer's responsibility to ensure that the email address they provide is correct and capable of receiving order confirmations and other relevant correspondence.
e. Payment of the total price plus VAT and delivery charges must be made in full before dispatch of the Goods, unless the Buyer is a member of a Buying Group approved by the Seller.
f. For an approved Buying Group, payment of the total price plus VAT and delivery charges shall be due within 30 days of the invoice date supplied by the Seller.
g. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2.5% above the base rate of the Bank of England from time to time in force.

5. DELIVERY

a. Goods scheduled for delivery within the UK will normally be delivered within 10 working days of acceptance of the Order.
b. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
c. Delivery of the Goods shall be made to the Buyer's address specified at the time of making the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
d. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

6. SELLER'S RIGHTS

a. The Seller reserves the right to adjust the Selling Price of any Goods on the Website at any time at its discretion.
b. The Seller reserves the right to withdraw any Goods from the Website at any time.
c. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

7. FITNESS FOR PURPOSE

a. The information published on the Seller's website relating to individual bulls and their traits, characteristics and progeny is based on information published by artificial insemination testing organisation like Holstein UK or international breeding organisations and is provided for guidance only and no warranty, approval or guarantee is implied and does not form part of these terms and conditions.
b. The Buyer acknowledges and accepts that the fertility rates, traits and characteristics of progeny which may be obtained by using the Goods will vary greatly due to many factors including but not limited to:
- i. the characteristics and fertility of the recipient cow;
- ii. the environment in which the recipient cow is kept;
- iii. the skill and expertise of the artificial inseminator.
c. The Seller takes all reasonable steps to maintain the fertility of the Goods but cannot guarantee that the Goods are fertile at the time of delivery.
d. Where semen from a specified sire has tested positive for any recessive genes or other genetic defects the information relating thereto in the Seller's most recently published information is correct and accurate to the best of the Seller's knowledge and belief at the date of the Contract.
e. In the case of Goods other than semen, the Seller takes all reasonable steps to maintain the quality of the Goods until the time of delivery. If the Goods are deemed to be damaged or faulty at the time of delivery, the Buyer can request replacement Goods by providing immediate notification by email to be received by the Seller within 24 hours from the time of delivery.
f. Replacement Goods will be provided at the Sellers discretion.

8. LIMITATION OF LIABILITY

a. The Seller uses all reasonable efforts to meet its obligations to its Buyers but in the unlikely event of the Seller being breach of contact, the parties agree that the Seller shall, in the absence of fraud, limit its liability to the replacement cost of semen from a bull of equivalent or higher traits; and in the case of Goods other than semen, the Seller shall, in the absence of fraud, limit its liability to the replacement cost of the Goods.
b. Under no circumstances shall the Seller have any liability for any loss of profits or any other consequential loss or damage of whatever kind suffered by the Buyer arising for any reason or cause.

9. GENERAL CONDITIONS

a. The Seller shall not be liable for any penalty, loss, injury, damage, or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any delay or failure entitle the Buyer to refuse to accept any delivery or performance of or repudiate the Contract.
b. The headings in these Terms are for convenience only and shall not affect their interpretation. c. If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall be unaffected thereby.
d. Nothing in these terms shall affect the statutory rights of a consumer.

10. GOVERNING LAW AND JURISDICTION

a. These Terms and Conditions shall be governed by and construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction to hear all or any disputes arising.