General terms and conditions for the delivery of frozen semen straws

General
1. These terms and conditions apply to any offer from Media Primair with regard to the dose sale of stallions of frozen semen straws and to any purchase agreement concluded between Media Primair and a buyer of frozen semen straws.
2. Applicability of any general or specific conditions of the buyer is explicitly rejected.
3. Deviations from these provisions are only possible if and insofar as Media Primair has notified or confirmed this in writing.

Specific
Special conditions apply for ICSI treatment of ovum with frozen semen from all stallions *). For more information, please contact Media Primair.

*) Krem is only available for mares with an undiluted gene and its semen is not available for ICSI and Embryo Transplantation.

preface
By ordering and purchasing frozen semen straws, the buyer declares to have taken note of these general terms and conditions that apply to both frozen semen and another fertilization by embryo transfer, OVUM or ICSI.

Invoicing, packaging and payment / delivery
Billing:
The ordered frozen semen straws will be invoiced after ordering including the additional costs of preparing and shipping. Any costs for issuing health certificates for mares not inseminated in the Netherlands are at the buyer’s expense. Prices are exclusive of VAT.

Packing
The frozen semen straws are delivered in a suitable transport container that remains the property of Media Primair. This container must be returned within 7 calendar days at the expense of the buyer. From the eighth calendar day, a rent of € 25 per day per container is charged. These rental fees remain payable until the final return of the container. The return date is always the day on which the container is received by Media Primair.

Payment / delivery:
The ordered frozen semen straws will be delivered after payment of the invoice by the buyer. If the frozen semen straws are (temporarily) not available, Media Primair will inform buyer about this as soon as possible. The buyer cannot derive any rights from the supply of frozen semen straws that are not in stock. Media Primair excludes a possible right of withdrawal of the buyer who can be designated as a consumer, in view of the possible perishability of the ordered frozen semen straws

Liability
Media Primair makes no warranty about fertilization and disclaims all liability regarding the use of the frozen semen straws, the seminar or any other fertilization method. Obvious mistakes and errors are not binding for Media Primair.

Other conditions
In the event of non-payment of an invoice, the invoice amount will be increased by the costs of summons and penalty interest, as well as by any judicial and extrajudicial collection costs.

Attempts at fraud by the buyer will be punished with an unconditional fine of € 2500 per attempt.

Applicable law
Dutch law applies to the agreement between Media Primair and the buyer. If disputes cannot be resolved by amicable consultation, the difference will be submitted to the competent court in Media Primair’s place of residence. All (extra) judicial costs are for the account of the buyer.

Barneveld,
March 1, 2021