Terms and conditions
General:
- These terms are valid for all agreements made through this sale.
- The organization of the sale is done by Holstein Plaza, part of AMS Genetics International LLC.
- The party, which offers embryos in this sale will be named after this as the “seller” and the party who buys through this sale and gets the sale item assigned, will be hereinafter identified as the “buyer”.
- The organization will only act as an intermediary in the realization from a (purchase) agreement between seller and buyer.
How the sale works:
- All embryos sell with reasonable starting bid.
- The bid price is the per embryo price. If a lot has four embryos and the price is $500.00 that means the lot price is $2,000.00.
- When you place a bid, you agree to pay for the item if you're the winning bidder.
- All conventional embryos are froze DT unless otherwise noted in catalog and all IVF embryos are frozen conventional three-step thaw method.
- All embryos are available for immediate Domestic shipment unless otherwise noted in catalog.
- All embryos are available for International shipment as soon as all regulatory items of the health protocol of the importing country of purchase have been met.
- There are two ways of placing a bid: internet (www.holsteinplaza.com) or via one of the listed Holstein Plaza contact persons.
- This auction is conducted in US Dollars and all bids are made in US dollars.
- When you place a bid, you enter the maximum amount you're willing to pay for the item. The other bidders and the sale organization will not be able to see your maximum bid. Through this Proxy bidding system, the Holstein Plaza auction system will increase your bid to the next lowest price when another user bids on the same item. The proxy bidding process continues until your maximum bid amount is reached or the auction ends. Every bidder is bound to his bid. The first person placing a maximum bid has priority if the bidding reaches that person’s maximum.
- The sale is using the popcorn bid system/5-minute rule (click here for more information on the popcorn bid system/5-minute rule). Until that moment bids will be accepted.
- All risks of the embryos are the responsibility of the buyer once the embryos are delivered to the buyer.
- The transportation of embryos from the seller to the buyer will take place as soon as possible after the sale, but not before complete payment as invoiced from AMS Genetics is received from the successful buyer.
- AMS Genetics will coordinate the paperwork and transfers with the US and Canadian Holstein Associations.
Payment:
- Payment for all purchases is due within ten days of sale.
- Sale invoices will be sent via e-mail or fax following the conclusion of the sale.
- All invoicing will be done in US Dollars and all Payments are to be made in US Dollars.
- Embryo release forms are issued once proper payment has been received and processed by AMS Genetics.
- No export documentation will start until payment is received in full.
- Payment will not be released to the seller until AMS Genetics has received proper transfer paperwork and embryos have been shipped.
- Holstein Plaza is charging a buyer's commission of $50 per embryo to include all necessary paperwork; note, this fee does not include shipping.
- International buyers are responsible for shipping the embryos. Buyers will be contacted after the sale about their wishes and requirements for exporting the embryos.
- All embryos needing international shipment will be charged a flat fee of $150 per lot for export documentation.
- AMS Genetics can handle export and shipping. In case export is being done through AMS Genetics an additional $50 export fee per embryo will be charged. This flat fee does not cover transport. Buyer should arrange shipping within 60 days of the ending sale date.
Excluding Liability:
- The organization cannot be held responsible for errors on the internet site, sale catalog or in the advertisements.
- The organization cannot be held responsible for visual or non visual regardless the size or nature of such defect of the sold item.
- The organization does not take any responsibility for damage to persons or cases, which has arisen because of or connected to the sale.
- The cow indexes mentioned therein have been calculated or converted by the herdbook in the country the donor cow is housed in accordance with the current methods. All official pedigrees of sale animals can be seen.
- All frozen embryos are rated first class by official and registered ET veterinarians unless stated different on the website. In case embryos sold as first class after thawing turn out as class two or lower and not end in a pregnancy, the seller will be responsible for a refund, either in the form of an embryo with similar pedigree value or the purchase amount for the embryo. It is of vital importance that any claim is accompanied with an official statement in English from a recognized ET veterinarian. This should be sent to Holstein Plaza.
- All refunds or adjustments will be made and paid in US Dollars and are limited to the amount of the original invoice in US Dollars. No adjustment will be made for any currency fluctuation, including due to timing of the return of deposit payment, or damages is completely at the risk of the seller or bidder or buyer as the case may be.
- The buyer and seller agree to indemnify and hold Holstein Plaza/AMS Genetics International LLC, its officers, agents, and employees, parents, subsidiaries and affiliates harmless from a claim or demand except for acts of gross negligence or willful misconduct by Holstein Plaza/AMS Genetics International LLC. Statements of Seller as to Characteristic or condition transmitted or posted by Holstein Plaza / AMS Genetics International LLC shall never be grounds for any claim by Seller or bidder or buyer. This includes any error in representation of Seller transmitted by Holstein / AMS Genetics International LLC as to the parentage of the resulting calves, embryo quality, and genetic recessives.
- Every bidder and seller is held to conform to the auction conditions. The act of bidding and consigning implicates knowledge and acceptance of these conditions.
- The organization can never be held responsible in case the embryos cannot be exported no matter what reason.
Legal Compliance:
- The sale shall be governed by the rules of Maryland Law, excluding its choice of law provisions.
- Buyer and Seller consent to personal jurisdiction and exclusive jurisdiction in the courts of the State of Maryland located in Washington County, Maryland.
- Any bidder, buyer or seller, agrees that Holstein Plaza / AMS Genetics International LLC reserves the right to reject any and all bids in its sole and complete discretion.
Your Consent:
- By using our website, you are consenting to the collection and use of this information by Genetics Consolidated companies. We use email lists to notify our customers about online and live auctions. If your email or other registration information changes, please notify us immediately in order for us to keep you up to date. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to us and we will promptly remove your name from our list.