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Transfer of Title

Property in and title to the product shall remain with Alta until such time as the product is delivered to and paid for in full by the customer.

Warranty

Alta Genetics USA Inc. (hereinafter called Seller) warrants that it has good title to the products sold. Seller further warrants that the semen/embryos sold will be processed according to the regulations and requirements of the United States Department of Agriculture Certified Semen Services. SELLER MAKES NO OTHER WARRANTY OF ANY KIND AND HEREBY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The liability of Seller for any defective semen/embryos or semen/embryos damaged in shipment or lost by Seller will be replaced, or the purchase price shall be refunded at the option of the Seller. Seller's liability shall be limited in any event to either replacement of the product or refund of the purchase price at the option of the Seller.

Independent Contractors

From time-to-time, Seller contracts with independent contractors (hereinafter called Contractors) to provide products and services to them including, not limited to, direct product sales and invoicing for services rendered to customers by Contractors. In this way, the customer receives only one invoice for products and services. While Seller provides this service as a convenience to its customers. Seller assumes no responsibility or liability for the actions or work of Contractors, and makes no representation or warranty, express or implied, with respect to any services provided to customers by Contractors. Seller hereby disclaims the warranty of merchantability and fitness for purpose with respect to services provided by Contractors. Contractors are not the agents, employees, or servants of Seller and Contractors are not authorized to contract for or on behalf of Seller. Should Seller agree to bill for services rendered by Contractors, no presumption shall arise that an agency or employment relationship exists between Seller and Contractors. If you have a problem with goods or services provided to you by Contractors, you agree that your recourse shall be limited solely to Contractors and that Seller shall have no liability of any kind whatsoever.

Acceptance of Orders

(a)            Orders received by Alta for the purchase of Product shall not bind Alta until accepted by Alta.

(b)            Alta shall acknowledge all orders within at most two (2) weeks of receipt and shall confirm its acceptance of the order with the Customer, the parties agreeing that Alta reserves the right to accept or reject in its sole discretion any order for the purchase of Product in the event that:

the Customer has failed to previously make timely payments; the Customer is otherwise in breach of this Agreement;  or Alta cannot supply the order within a reasonable time.

(c)            Alta shall use reasonable efforts to meet the Customer’s supply needs for the Product.

(d)            All accepted orders shall be deemed to incorporate all the terms and conditions of this Agreement. Orders which have been placed may not be cancelled or altered without Alta’s written agreement.

(e)            Alta shall have the right to suspend the execution of orders in an event of force majeure.

Terms and Conditions of Sale

(f)             Any and all sales by Alta to the Customer of any Product shall also be subject to the following terms and conditions:

(i)             The purchase price of the Product shall be as published by Alta, or as agreed to by the parties from time to time in advance of the shipment of the Product. Prices, terms and discounts may be changed at any time, and from time to time, upon thirty (30) days’ written notice by Alta, such changes not applicable to any orders accepted by Alta prior to the Customer receiving the notice set out in this section.

(ii)            All transportation delivery, exchange, interest, banking, collection, storage, quarantine or other similar charges shall be for the account of and paid for by the Customer.

(iii)          Any and all risk of loss associated with the Product passes from Alta to the Customer upon delivery of the Product F.O.B. Alta’s place of shipment. Property in and title to the Product shall remain with Alta until such time as the Product delivered to the Customer is paid for in full by the Customer.

(iv)           All orders delivered by Alta will be subject to applicable import, export, health, veterinary and other controls and regulations of the country of shipping and the Territory and no liability shall arise from or for Alta’s compliance with such controls and regulations.

(v)            The Customer shall have no right of action against Alta in respect of any loss occurring to it by reason of any failure or delay in the Delivery of the Product occasioned by shortage of the Product or delays in transit of the Product or as a result of any reason which is beyond Alta’s reasonable control.

Product Liability of Alta

(g)            Alta will provide the Customer with Product of quality considered to be capable of resulting in satisfactory fertility and of the same quality as the Product being used in its own service operations worldwide. If the Product shall be defective in any way, Alta’s sole and only responsibility and liability shall be to replace the defective Product.

(h)            ALTA’S TOTAL LIABILITY TO THE CUSTOMER OR TO ANY THIRD PARTY FOR CLAIMS, DEMANDS. LOSSES, COSTS, DAMAGES, ACTIONS, SUITS OF PROCEEDINGS (collectively the “Losses”) IS, IN THE AGGREGATE, LIMITED TO THE FEES ACTUALLY PAID BY THE CUSTOMER FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE LOSSES (DEFINED ABOVE) AROSE OR WERE COMMENCED (WHICHEVER IS LATER). THE LIMITATION OF LIABILITY PROVISIONS OF THIS AGREEMENT REFLECT AN INFORMED VOLUNTARY ALLOCATION OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THE PRODUCTS AND THAT SUCH VOLUNTARY RISK ALLOCATION REPRESENTS A FUNDAMENTAL PART OF THE AGREEMENT BETWEEN THE CUSTOMER AND ALTA.