TERMS OF SALE
These Terms of Sale and any additional terms on any applicable Livestock Sale Docket, sale or delivery note, receipt, invoice or other relevant document prepared by the Company in relation to any Sale apply to the purchase of Goods or services by or from the Company, whether such Sale is completed by written agreement, electronic record or oral communication unless stated otherwise by the Company.
Definitions
1.1 Company mean Rissington Breedline Limited and includes each of its subsidiaries.
1.2 Goods means all goods and services, and is deemed to include all goods and services described or referred in any invoices, statements or other records prepared by the Company (and the description or details set out or referred to in any such records).
1.3 Purchaser means the purchaser of Goods (being the Company's Principal if it is acting as agent).
1.4 Sale means any sale of Goods where the Company is either the Purchaser or Vendor or is acting as agent for either or both of the Purchaser or Vendor.
1.5 Vendor means the seller of the Goods (being the Company's Principal if it is acting as agent).
Application
2.1 Terms of Sale: Receipt of these Terms of Sale by the principal Vendor or Purchaser shall be deemed to be acknowledgement of such Terms of Sale.
2.2 The Purchaser cannot cancel any purchase order for Goods accepted by the Company and is bound to pay the quoted price.
TERMS OF PAYMENT
3.1 Unless the Company specifies otherwise, the purchase price and any commission and associated charges, plus GST, must be paid by the Purchaser to the Company for:
a) livestock and grazing, within 14 days of purchase;
b) other Goods, within 14 days of invoice date.
3.2 Interest on overdue payments may be charged from the time of purchase on a daily basis at the rate then charged by the Company.
3.3 All amounts payable to the Company shall be paid in full without any set-off or deduction.
TITLE, RISK AND DELIVERY
4.1 All Goods are at the Purchaser's risk:
a) in the case of livestock, upon crossing the tailgate of the carrier. The Vendor, will load the livestock on the carrier and will adequately care for them until then; and
b) for other Goods, from the point of loading onto the carrier or being made available for uplifting by the Purchaser.
4.2 Ownership of and title to all Goods shall remain with the Vendor and not pass to the Purchaser until they are paid for in full.
4.3 Until title passes to the Purchaser:
a) the Purchaser shall hold the Goods as bailee of the Vendor; and
b) regardless of s109 of the PPSA, the Vendor may repossess the Goods and dispose of them for its own benefit. For the purpose the Vendor (and its agents) may at any time without notice enter any place where it believes the Goods may be kept to inspect the Goods and/or take whatever action my be required to repossess the Goods. The Purchaser indemnifies the Vendor and its agents for all costs and liabilities incurred in connection with the repossession, storage and/or resale of the Goods (including any shortfall from resale at a lower price).
4.4 The Company shall be in no way liable for any delay in the date of delivery of any Goods. Where the Purchaser does not take delivery of the Goods by the delivery date specified, the Purchaser shall pay reasonable storage costs until such time as the Purchaser accepts the Goods.
SUPPLY FOR BUSINESS PURPOSES
5.1 The Purchaser agrees that where all Goods are acquired for the purposes of a business the Consumer Guarantees Act 1993 will not apply.
Purchaser's right to compensation
6.1 Subject to clause 10, if the Company (and not any vendor, manufacturer or other person) is responsible for any Goods being defective or not materially conforming to the Company's description, the Company will at its option:
a) repair or replace the defective Goods or re-perform the service; or
b) pay compensation not exceeding the purchase price for the Goods. This is the Purchaser's sole right for compensation from the Company.
CREDIT POLICY THE COMPANY'S LIABILITY
7.1 Breeding rams are fully guaranteed in case of death & structural soundness for three months post delivery and prior to mating. If the ram has a structural soundness issue post mating and prior to 31 July then the purchaser will be given a 2/3 of purchase price credit less the salvage value of the ram. Rams will not be returned to the property of origin post trucking due to animal health issues.
7.2 Breeding bulls are fully guaranteed for structural soundness for 3 breeding seasons. If a bull has a structural soundness problem then the credit given will be based off the number of breeding seasons it has done less the salvage value of the bull.
7.3 All credits are issued at dollar values as opposed to unit value. Once a credit has been approved it will sit it the Vendors system to be offset by the purchasers next purchase.
7.4 No cash refunds are given.
7.5 If the Vendor cannot provide the agreed quantity of Goods for any reason outside its reasonable control, the Vendor is not liable for that shortfall and the Purchaser must take delivery of and pay for the lesser quantity the Vendor is able to supply.
PERSONAL PROPERTY SECURITIES ACT 1999
8.1 The Purchaser grants to the Vendor a security interest in all Goods supplied or to be supplied by the Vendor to secure all payments under these Terms of Sale. The Purchaser will do all things necessary for the Company to register a financing statement and to ensure the security interest is a first ranking perfected security interest over the Goods and their proceeds. The Company may at its sole discretion register a security interest on behalf of the Vendor (where it is acting as agent).
8.2 Nothing in sections 114(1)(a), 117(1)(c), 133 or 134 of the Personal Property Securities Act 1999 (PPSA) applies. The Purchaser's rights in sections 116, 119, 120(2), 121,125 to 127, 129, 131 and 132 of the PPSA do not apply unless the Company is the Purchaser.
Miscellaneous
9.1 Enforcement: The Purchaser will pay the Company on demand all costs (including legal costs on a solicitor/client basis) incurred by the Company in connection with any default by the Purchaser.
9.2 Entire agreement: These Terms of Sale (and any incorporated document including any formal credit arrangements) are the entire agreement between the parties, and replace all representations, agreements and other communication made by the Company.
9.3 No waiver: The Company shall be deemed not to have waived any right to do anything unless that waiver is in writing and signed by an authorised manager in the Company.
9.4 Severability: If any part of these Terms of Sale is illegal, unenforceable or invalid, that part is to be treated as modified or removed to the extent required to make it effective. The rest of these Terms of Sale are not affected.
9.5 Variation: The Company may vary these Terms of Sale by disclosing such varied terms to the principal Vendor or Purchaser at any time.
Primera® lambs are worth $8.60 more retail meat value
Based on Primera® progeny test lambs processed in 2008. The primal cuts of these lambs were compared against those of industry lambs being processed at the same time.
Our Highlander® ewes, on average, can wean 81% of their body weight
Based on the elite Highlander® flock of over 4,000 ewes that weaned 177% at a 31kg average weaning weight which equates to 81% of their body weight on average in 2008.
The hybrid vigour is Stabilizer® is worth $100 more per cow every season
Based on research carried out at the MARC (Meat Animal Research Centre), Nebraska, USA. Within this is additional weaning weight, improved reproductive rates as maiden heifers, higher breed back rates and extended reproductive life.
Rissington Breedline Angus rank in the top 5% of all NZ Angus on Self Replacing Index alone
Based on all calves born 2007 in the Rissington Breedline herd compared to the Australasian Group Breedplan average for all calves born in 2006.
Rissington Breedline Simmental consistently rank in the top 10% for terminal index of all NZ Simmental
Based on all calves born 2007 in the Rissington Breedline herd compared to the Australasian Group Breedplan average for all calves born in 2006