Terms of Sale and Delivery for Business

 

Ornestation Mors Aps
Gammel Møllevej 97
DK-7970 Redsted
Denmark
CVR: 15 69 29 87
Email: info@ornestationmors.dk
Tel: +45 9776 2133

 

Business customers must log into their business account if they want to make purchases below
Ornestation Mors business customer webshop. Click in the upper right corner to log in, and it will say "Welcome to [Customer's name]".


1. Terms of sale

1.1. These terms of sale and delivery relate to Ornestation Mors' sale of semen, product articles, including insemination equipment and quick sale products, and thus to all sales made by Ornestation Mors to commercial customers and apply to the extent that they are not waived by other written appointment. The conditions apply regardless of how sales are made to corporate customers.

 

2. Prices

2.1. Updated prices for sales articles can be found at Ornestationmors.dk.

2.2. All prices are incl. packaging, but excl. VAT, handling fee and shipping costs.

 

3. Payment

3.1. The payment terms are current month + 12 days.

3.2. Payments after the last due date will be charged at 1.5% per annum. commenced month.

 

4. Delivery and delay in the sale of anything other than semen

4.1. These terms of delivery and delay apply to purchases from Ornestation Mors, cf. 5 regarding delivery and delay in the sale of semen.

4.2. Ornestation Mors determines the method of shipment / transport, which may be relevant for porous goods and / or porous product packaging.

4.3. The buyer cannot raise any claims against Ornestation Mors in the event of a delay. The buyer will, as far as possible, receive notice that the stated delivery time cannot be kept and when delivery can be expected.

4.4. Ornestation Mors can cancel a purchase agreement without liability if delivery is prevented or significantly hampered.

4.5. Ornestation Mors reserves the right to make partial deliveries in connection with back orders. The buyer does not pay shipping for partial deliveries in connection with backorder.

 

5. Delivery and delay in the sale of semen

5.1. Delivery takes place with Ornestation Mors' own cars, unless otherwise agreed between the buyer and Ornestation Mors.

5.2. If the breeder has ordered the name semen, Ornestation Mors will notify the breeder as far as possible if delivery cannot be done.

5.3. The buyer cannot raise any claims against Ornestation Mors in the event of delay in the semen. The buyer will, as far as possible, receive notification that the specified delivery time cannot be kept and when delivery can be expected.

5.4. Ornestation Mors can cancel a purchase agreement without liability if delivery is prevented or significantly hampered.

 

6. Transition of risk

6.1. The risk of a delivery passes to the buyer when the delivery has arrived at the buyer or has arrived at the agreed pick-up time.

 

7. Mangler ved Kvikkøbvarer

7.1. Ornestation Mors påtager sig i en periode på 12 på hinanden følgende måneder, efter levering af et solgt produkt har fundet sted jfr. pkt. 6, at foretage omlevering eller afhjælpning efter valg, når der foreligger mangler ved leverancen, som skyldes konstruktion, materiale eller fremstilling, jf. dog pkt. 8 vedrørende mangler over sæd.

7.2. Afhjælpningen omfatter ikke sådanne tilfælde, hvor mangler skyldes, at leverancen ikke er blevet vedligeholdt og anvendt i overensstemmelse med Ornestation Mors el- ler producentens forskrifter.

7.3. Hvis Ornestation Mors får mangelfulde leverancer eller dele tilbagesendt med henblik på omlevering eller reparation, skal Ornestation Mors bære omkostningerne og risikoen ved transporten.

7.4. Køber er afskåret fra at kræve godtgørelse for det direkte og/eller indirekte tab, som køber er påført i forbindelsen med manglen.

7.5. Ved fremsendelse til køber af leverancer eller dele i form af omlevering eller som reparerede dele, foregår transporten for Ornestation Mors eller producentens regning og risiko.

 

8. Lack of semen delivered

8.1. If the buyer does not achieve pregnancy when using the purchased product or the product causes less litter, it does not immediately mean that the delivered product is defective / inadequate.

8.2. The purchaser may at most demand a delivery of the product if the delivery is defective.

8.3. Delivery does not include cases where defects are due to the delivery not being stored and used in accordance with Ornestation Mors and SEGES "Rules for DanBred KS stations". Otherwise, general rules for EU approved ornamental stations apply.

8.4. If Ornestation Mors receives defective deliveries or parts returned for shipment, the buyer must bear the costs and risks of the shipment.

8.5. The Buyer is barred from claiming compensation, proportionate rebate or compensation for any direct or indirect loss which the Buyer may have incurred under the defect.

 

9. Agreement concerning purchase of semen

9.1. The buyer must sign a genetics supply agreement regarding DanBred breeding material for DanBred before the buyer is entitled to buy DanBred semen from Ornestation Mors ApS.

9.2. Buyer must sign home breeding agreement with Danish Genetics before buying Danish Genetics Landrace, Yorkshire and Duroc name seed at Ornestation Mors ApS.

9.3. Buyer must use the purebred semen delivered in its own possession and must not resell or otherwise entrust the use of the semen purchased to third parties.

 

10. Ownership

10.1. The ownership of the purchased property remains with Ornestation Mors until full payment has been made.

 

11. Product liability for the sale of products other than semen

11.1. Ornestation Mors has a product liability insurance. Ornestation Mors only assumes product liability for matters covered by product liability insurance. At the buyer's request, a copy of the insurance terms will be provided.

11.2. If a delivery is caused by Ornestation Mors damage, Ornestation Mors shall be liable for personal injury if it is proven that the damage is due to errors or negligence committed by Ornestation Mors or persons or companies that have acted on Ornestation Mors behalf.

11.3. Ornestation Mors has no responsibility for damage to movable or immovable property.

11.4. Ornestation Mors' liability shall not include the Buyer's indirect loss, including operating loss or lost profits.

 

12. Product responsibility for the sale of semen

12.1. Ornestation Mors guarantees that the quality and health of the semen meet the public requirements in Denmark, including that the semen delivered comes from boars that have not shown clinical symptoms of illness on the day of collection.

12.2. Since the delivered semen is not controlled for the occurrence of unwanted viruses or germs, Ornestation Mors cannot be held responsible for errors and defects in the delivered
semen and the consequences of using the semen in addition to what is stated in the sections below.

12.3. Ornestation Mors is only liable for damage - including infection of the inseminated animal and the purchaser's other herd, which occurs after use of the delivered semen if it is proven that the damage is due to errors or negligence committed by Ornestation Mors or persons or companies that have acted on behalf of Ornestation Mors.

12.4. Ornestation Mors' liability in this case only covers the buyer's documented losses in the event of immediate damage caused by errors or defects in the semen delivered - but not more than DKK 5,000 per month. injurious semen portion and a maximum of DKK 50,000 per herd and injury, with the simultaneous delivery of several damage-causing sperm portions in this context being considered as one injury.
Ornestation Mors' liability shall not include the purchaser's indirect loss, including loss of coverage due to illness or change in health status or crew reimbursement expenses.

 

13. Buyer's duty of inquiry

13.1. The Buyer is obliged to immediately inspect the delivery immediately upon receipt to check the contents of the delivery note and ensure that it has the quantity ordered delivered. At the same time, the buyer undertakes to ensure that the delivery is in accordance with the agreed quality.

13.2. Ornestation Mors' liability to Buyer is conditional upon Buyer notifying Ornestation Mors of its claim immediately, but no later than 8 days after the time the Buyer should have discovered the defects.

 

14. Resale clause

14.1. The buyer must use the delivered semen in his own possession and must not resell or otherwise entrust the use of the purchased semen to the third party.

 

15. Personal data right

15.1. When purchasing on Ornestation Mors website (Ornestationmors.dk), the following information about the buyer is collected: Name, address, telephone numbers, e-mail address, CVR and CHR no.

15.2. This information is used to process the buyer's order and is stored for five years from the buyer's last purchase, after which the information is deleted. The information is not used for any other purpose, nor is it disclosed or sold.

15.3. No sensitive information is recorded at Ornestation Mors.

15.4. Ornestation Mors collects personal data only with the express consent of the buyer, so that the buyer is informed about what information is collected and why.

15.5. The Buyer may at any time require access to the personal information registered on the Buyer, as well as the Buyer has the right to object to the registration. Ornestation Mors is obliged to correct or delete the information about a buyer who objects if the recorded information is flawed or misleading.

15.6. Ornestation Mors also refers to Ornestation Mors Cookie and Privacy Policy which can be viewed at Ornestationmors.dk

 

16. Arbitration

16.1. Any dispute that may arise between Ornestation Mors and the buyer, except disputes relating only to the payment of deliveries, must be finally settled by the DS Arbitration Court, cf. 16.3. and p. 16.4. below.

16.2. The decision is made using the rules of the DS Arbitral Tribunal and on the basis of applicable Danish law, however, the Arbitral Tribunal may, in its decision, take into account fairness.

16.3. If a dispute concerns claims that have an economic value above DKK 2,500,000, the buyer may choose to bring an action before the ordinary courts, where the case will be decided in accordance with the rules of the Procedure Act and on the basis of applicable Danish law, but without regard to equity.

16.4. If an action has been brought before the ordinary courts against Ornestation Mors, Ornestation Mors, regardless of the agreement on arbitration and regardless of the size of the recourse requirement, must be able to co-claim (= appeal) the buyer during such a trial. If a case has been brought before the ordinary courts against the buyer, the buyer, regardless of the agreement on arbitration and regardless of the size of the recourse requirement, must be able to bring (= appeal) Ornestation Mors to such a trial.

 

17. Other disputes

17.1. Should disputes arise between the buyer and the seller regarding other matters than stated in cl. 15, these disputes must be settled by the courts of Denmark in accordance with the rules of the Code of Procedure and in accordance with Danish law and practice in force at any given time.