Terms and Conditions - Online Bull Sale
Terms and Conditions for the Online Elite Bull Sale organized by Diamond Genetics B.V.
These conditions are in line with the General Conditions of Diamond Genetics B.V. as published at the Chamber of Commerce in Zwolle and published on the Diamond Genetics website. Trading with Diamond Genetics B.V. does mean the trade partner accept the trade conditions of Diamond Genetics B.V. In cases in which the conditions of the Online Bull Sale are in conflict with the General Terms of Diamond Genetics, the conditions of the Online Bull Sale prevail over the General Conditions of Diamond Genetics B.V. .
Changes in the General Terms and Conditions can be made until the start of the auction, check the updates before the start of auction.
Article 1. Definitions
1. Website: the website www.onlinebullsale.com , www.onlinebullsale.nl owned and maintained by Diamond Genetics B.V. with its registered seat in Zwolle, The Netherlands.
2. User: the one who has registered with Personal Details on the Website;
3. Personal Details: the details provided by the User that are traceable to his or her person, including name/address/city of residence details and e-mail address;
4. Diamond Genetics B.V.: Diamond Genetics B.V. and/or its subsidiary/ies or sister company/ies as reported on the Website;
5. Registration: the registration of User on the Website through filling in the complete registration form found on the Website;
6. Bid: each amount bid on a lot by an User in the auction;
7. Lot: an article, or a number of articles that are auctioned together (under one lot number);
8. Auction: the public auction of moveable goods organized by Diamond Genetics B.V. via the internet;
9. Purchaser: the User to whom the Lot is allocated;
10. Users Agreement: the agreement between Diamond Genetics B.V. and the User;
Article 2. Users Agreement
2.1 The Users Agreement arises through Registration on the Website and places the User in the position to follow the progress of Auctions on the Website, among other things. The Users Agreement cannot be transferred to another party. In the Registration the User provides his personal details to Diamond Genetics B.V. and chooses his or her own password for access to the Website.
2.2 Diamond Genetics B.V. confirms the Registration by an email to the User at the email address submitted by the latter, after which the User has access to the Auction by means of his or her password. The User is obligated, after gaining access to the Website, to behave decently and not to damage the Website or other Users of the Website. The User is liable for all actions that occur on the Website after he or she has gained access by means of his or her password.
2.3 The User guarantees the accuracy and completeness of the Personal Details supplied during Registration. If the Personal Details change at any time, the User is obligated to inform Diamond Genetics B.V. of this change.
2.4 Diamond Genetics B.V. reserves the right to refuse and/or terminate the right to Registration unilaterally.
2.5 Diamond Genetics B.V. enters the Personal Details acquired by it into administrative records kept for that purpose. Through Registration on the Website, the User gives permission for the use and filing of the Personal Details registered.
2.6 The User is forbidden to duplicate the Website or any part thereof or to make it available (via deep links or in any other way) without prior written and signed permission from Diamond Genetics B.V..
2.7 Through a (one-time) Registration, the User accepts the General Terms and Conditions for the User for every time that the User logs on the Website, regardless of whether he or she makes any bids.
Article 3. The Auction
3.1 Diamond Genetics B.V. reserves the right to cancel an Auction, to terminate an Auction earlier than reported on the Website or to extend one. In case of a technical malfunction of the Website, causing it to be not completely accessible and/or inaccessible to Users, Diamond Genetics B.V. has the right to extend the Auction by 24 hours.
3.2 The User states by his Registration that he or she is familiar with and agrees with the special circumstances of an internet auction and with the technical imperfections that can arise. Diamond Genetics B.V. denies any liability for whatever damage that may arise in any way, directly or indirectly, including but not limited to the damage arising from the use of the Website, unless there has been deliberate or conscious negligence by Diamond Genetics B.V. . More particularly, Diamond Genetics B.V. accepts no liability for any damage whatsoever that arises in any way by or from:
- actions performed by the User that may have been inspired by the information placed on the Website;
- the impossibility of using the Website (completely) and/or another malfunction in the Website or the supporting system;
- the Lots not meeting the specifications as reported on the Website;
- the fact that the information on the Website is incorrect, incomplete or out of date;
- errors in the software of the Website and/or the supporting system;
- the unlawful use of systems, including the Website of Diamond Genetics B.V., by a third party.
Article 4. Security
4.1 Diamond Genetics B.V. strives, in accordance with the requirements of reasonableness, to secure its systems against loss of data and/or against any form of unlawful use and implements the appropriate technical and organizational measures, whereby account is taken of the status of the technology, among other things.
4.2 However, Diamond Genetics B.V. is not liable for loss of data, damage to files, unlawful access to computers or files, viruses spread via the Website or other unlawful programs or files or any other consequence of the use that is made of the Website.
4.3 The Website can contain links to other websites. Diamond Genetics B.V. has no authority over such sites and is not liable for the content of those sites.
Article 5. Liability
5.1 The liability of Diamond Genetics B.V., if and insofar as the other remaining stipulations of the General Terms and Conditions for the User and (if applicable) of the General and Specific Terms and Conditions of the Online Auction are applied, will still be limited to the amount to which the liability insurance of Diamond Genetics B.V. accords Diamond Genetics B.V. in the instance in question, increased by the amount of excess according to the policy in question, or, if it is less, to the invoiced amount that is involved in the commission. This limitation does not apply in the event of deliberate or gross negligence by Diamond Genetics B.V. .
5.2 Diamond Genetics B.V. is not liable for indirect or consequential loss. Further, all liability of Diamond Genetics B.V. in connection with any defect in the Lot(s) or in respect of (alleged) infringement of the rights of (the intellectual property of) third parties is excluded.
5.3 When consulting third parties, Diamond Genetics B.V. will take the necessary caution into consideration. Diamond Genetics B.V. is not liable for possible short comings of these third parties.
Article 6. Adjustments; effect
6.1 If and insofar as any stipulation of the General Terms and Conditions for the User is null and void or is nullified, the remaining stipulations of the General Terms and Conditions for the User will remain undiminished in force. Diamond Genetics B.V. will then determine a new stipulation to replace the null/nullified stipulation, by which the intent of the null/nullified stipulation will be taken into consideration.
6.2 In addition to these General Terms and Conditions for the User, Diamond Genetics B.V. can declare the General Terms and Conditions and Specific Terms and Conditions of the Online Auction to be applicable. This needs to be confirmed by the User before the Auction. In the event of contradiction, that which is stipulated in the General or Specific Terms and Conditions of the Online Auction will be given preference above that which is stipulated in the present General Terms and Conditions for the User.
6.3 Departures from these General Terms and Conditions for the User can occur solely insofar as this is fixed in writing and signed by an authorized representative of Diamond Genetics B.V. .
6.4 Diamond Genetics B.V. reserves the right to amend these General Terms and Conditions for the User at any given time until the start of the auction. Amendments will take effect immediately after they have been announced on the website.
Article 7. Auction Items
7.1 Each auction lot contains either a number of bulls and or pregnancies and or implanted embryos not checked for pregnancy. A first choice bull calf is being sold.
7.2 The choice needs to be made before the youngest bull of the group reaches the age of 3 months unless genomic test results are not available due to a failure of either the consigner or sale management.
7.3 The selected bull(s) has/have to leave the sellers place no later than when the bull(s) reaches the age of 8 months. If not, the seller has the right to ask for a daily allowance of € 5,-- per day per bull.
7.4 Any fees charged by the USA based CDBC (Council on Dairy Cattle Breeding) or similar organizations worldwide for genomic updates or activating the genomic index on auctioned bulls, will be paid for by the buyer. The buyer therefore will bear all future obligations that go with using official GTPI’s or other indexes in marketing auctioned bulls. The Diamond Genetics B.V. nor the seller do not accept any future claims or contributions to be paid to the CDCB or similar organizations.
7.5 Buying a first choice on this auction means that the buyer is obliged to pay invoices for auction price, sales commission and applicable costs. Also in those cases that the genomic index of the first choice bull does not meet buyers standards, the buyer stays obliged to pay for the bull(s) involved and additional expenses.
7.6. Diamond Genetics B.V. and the consigners have double checked and carefully listed the number of pregnancies and, if applicable, the sex of the pregnancies. Both Diamond Genetics B.V. and the consigners cannot be held responsible for any omissions. If any omissions in the number of pregnancies or sex should occur then this cannot be a reason to withdraw from a purchase.
7.7. First units of semen: The seller may require a certain number of units of semen. The number of units required is stated on the auction page for that individual lot. These units need to be the first to be produced, need to be conventional (NOT SEXED) and should be supplied free of charge and without limitations on use and distribution. The seller will inform the buyer where the units of semen need to be shipped to. The buyer pays the costs involved with exporting and delivering these units. Only if the bull fails to produce semen this sellers right will become invalid.
7.8 Buyers are not allowed to change the prefix and/or name of the bulls sold without written permission of the sellers.
Article 8. Guarantees and export
8.1 Bulls are being sold under INCOTERMS 2010 EX Works. This means once a bull has passed the health tests (article 8.2) , meets the veterinarian requirements as written in these conditions and the bull is officially allowed to get exported (see article 8.6, 8.6.1 and 8.6.2) it is the responsibility of the buyer to get the bull to it’s final destination. As an extra service Diamond Genetics can assist in exporting bulls to it’s final destination. For managing the export of bulls a fee of EUR750,--/bull will be charged plus all trucking, export and quarantine expenses.
8.2 Bulls offered for selection are to be sound and in good health. Prior to the delivery the bulls are tested negative for IBR gB and BVD Virus. Bulls have two testicles and have no umbilical hernia. A purchase is valid when the bull mentioned in the catalog is full filling the veterinarian tests written above. For first choice bulls sold the purchase is valid when then the minimum number of bulls guaranteed is full filling the veterinarian standards above.
8.3 Diamond Genetics B.V. does its utmost to inform about the status for BLAD, Brachyspina and CVM. However, if auctioned bulls turn out to be carriers after the auction, this will not influence the selling price of the first choice bull calf.
8.4 The ownership risks of the bulls transfers from the seller to the purchaser at the point the bull leaves the location of the seller. Transport to the new location on purchasers request will change the ownership risks to the purchaser, which will include transport to quarantine barn, housing in quarantine barn and transport to facilities of the purchaser.
This article is in accordance with INCO 2010 Terms Ex Works.
8.5 The seller and Diamond Genetics B.V. do not give any kind of semen production guarantee.
8.6 Export restriction or restrictions on a specific farm where the bulls are being held can be a reason to postpone the export. If it is not possible to export the sold bull before the age of 10 months the buyer has the right to cancel the purchase.
8.6.1 The bulls sold within the European Union have to be able to move to an AI company or Semen Collection Centre in one of the following countries; Spain, France, England, Germany, Italy, Czech, Hungary, The Netherlands, Belgium, Poland, Switzerland, Austria, Slovakia and or Ireland.
8.6.2 The bulls sold within the United States or Canada have to be able to move to an AI company or Semen Collection Centre in Canada or the United States.
8.7 If a lot sells with a guarantee of a number of bulls to choose from, the seller guarantees that this number of bulls will be offered to the buyer.
8.8 If the guaranteed minimum number of bulls is not available, the buyer has the right to cancel the purchase after genomic testing the bulls that are offered to him as part of this agreement. In case the buyer cancels the purchase, he is being reimbursed for his 25% down payment. The sale commission will not be reimbursed.
Article 9. Bids
9.1 The auction will work with the 3 - minute rule. Each time someone bids within the last 3 minutes of an auction, the closing time is extended by another 3 minutes until no more bids are placed.
9.2 The auction will also work with a proxy-bid. With a proxy bid the user indicates the maximum price that he is willing to pay for the lot. The auction system will automatically increase the bidders bid if he is outbid by another bidder. This process continues automatically until the bidders maximum bid is reached. If another bidder places a static bid equal to the maximum of the bidders earlier placed automatic bid, the automatic bid comes first (an automatic bid beats the static bid).
9.3 All bid amounts are stated in Euros.
9.4 Up to a bid of € 10.000,--, the bids will increase with € 250,-- increments. After a bid of € 10.000,-- is placed, the bids will increase with € 500,-- (bid increment).
Article 10. Auction commission, V.A.T. and payment terms
10.1 The buyers auction commission is 10% on top of the successful bid. Where the buyer has to be charged V.A.T. this will be added to the auction commission.
10.2 The price bid for the bulls does not include transport or export costs. Where V.A.T. has to be charged this will be added to the auction price.
10.3 The buyer receives an invoice after the sale. The invoice need to be paid within 30 days after the date of invoice.
10.4 If for any reason no sound bulls become available to the buyer, the payment made will be refunded to the buyer. The sale commission will not be refunded.
Article 11. Statement of Diamond Genetics B.V..
11.1 Diamond Genetics B.V. emphasize that the auction organization (i.e. Diamond Genetics B.V.) has no access and will also not do anything to get access to the proxy bids.
This to ensure an honest and equal bidding procedure. Any abuse of this by any party will be seen as a criminal act and handed to the responsible authorities.
11.2 Diamond Genetics B.V., her sister companies and its employees have the right to act as a buyer and a seller in the auction.
Article 12. Applicable law
12.1 Dutch law is applicable to these General Terms and Conditions for the User and to the legal relationships that are associated with the Auction.
12.2 The Dutch text of the General Terms and Conditions for the User is the original text. In the event that the General Terms and Conditions for the User are used in several languages, the Dutch text will therefore be given preference in case of lack of clarity or contradictions.
12.3 The District Court Zwolle is authorized (subject to the possibility of appeal and to laws that state otherwise) to decide in differences arising from the General Terms and Conditions for the User, to the exclusion of every other instance.
Do you have any questions about the General Terms and Conditions, please contact us via
firstname.lastname@example.org, tel. +31 (0)38 4606922
On all trade with Diamond Genetics the General Conditions apply