1. The Applicant of the donor animal warrants that he is holding written authority from the Owner ofthe donor animal (if different to the Applicant) for entry of the donor animal to Rocky Repro Pty Ltd.
2. The Owner/Applicant of the donor animal appoints Rocky Repro Pty Ltd to provide the services of animal maintenance, collection and processing of genetic material in accordance with details described in the Application Form.
3. (a). Accommodation/agistment of donor animals at Rocky Repro Pty Ltd premises, is provided at the Owner’s risk.
(b). The owner expressly agrees that Rocky Repro Pty Ltd, its owners, staff, or representatives willnot be responsible for or liable in any way for the accidental death of, or mishap or injury to thedonor animal whilst accommodated/agisted at Rocky Repro Pty Ltd or whilst the donor animal is intransit to or from Rocky Repro Pty Ltd premises.
(c). The Owner is solely responsible for insuring the donor animal against loss or damage as a result of its accommodation/agistment at Rocky Repro Pty Ltd or its transit to or from Rocky Repro Pty Ltd premises. (d). The owner understands that Rocky Repro Pty Ltd does not provide insurance for potential loss of any donor animal or genetic material.
4. (a). The Owner/Applicant authorises and instructs Rocky Repro Pty Ltd , it owners, staff or representatives, to administer any veterinary attendance and treatments on the bull deemed necessary by Rocky Repro in the interest of the good health of the bull.
(b). The owner/applicant agrees to pay all fees in accordance with standard AVA charges as a resultof urgent and non urgent veterinary treatment.
5. (a). The Owner acknowledges that to collect Export semen/embryos the animal must pass a seriesof health tests/procedures conducted be Rocky Repro Pty Ltd.
(b). The Owner agrees to pay all costs and charges associated with the health testing procedures and any subsequent maintenance tests considered necessary by Rocky Repro Pty Ltd.
(c). If separate health testing is necessary to ensure compliance with export requirements, the Owner agrees to pay all further costs and charges associated with this testing/procedures.
6. (a). All fees and charges levied by Rocky Repro Pty Ltd will be in accordance with the Rocky ReproPty Ltd fee schedule and is subject to change without notice.
(b). Rocky Repro Pty Ltd will invoice the Owner each month for all fees and charges incurred in the preceding month and the owner agrees to pay each invoice in full within 30 days of the date of invoice.
(c). If payment is not received within 30 days of the date of the invoice Rocky Repro Pty Ltd may terminate this agreement immediately upon notice to the Owner.
7. (a). Rocky Repro Pty Ltd will store the processed doses provided the owner has a current storage agreement with Rocky Repro Pty Ltd.
8. (a). Either party may terminate this service at any time by giving the other party fourteen (14) days written notice of the termination.
(b). The Owner must remove the donor animal at its own risk within fourteen (14) days of service of a notice of termination by Rocky Repro Pty Ltd or the Owner.
(c). In the event that the Owner fails to pay all outstanding fees and to remove the donor animal within fourteen (14) days of a notice by Rocky Repro Pty Ltd requiring the Owner so to do, property in the donor animal shall pass to Rocky Repro Pty Ltd and the donor animal may be sold and proceeds offset against fees payable by the Owner to Rocky Repro Pty Ltd.
9. (a). If the Owner transfers ownership of the donor animal to a new owner whilst it is accommodated on Rocky Repro Pty Ltd premises, the Owner must give written notice of the transfer to Rocky Repro Pty Ltd, pay all outstanding fees owing to Rocky Repro Pty Ltd and make arrangements for the new owner to sign a Production Agreement with Rocky Repro Pty Ltd, if the donor animal remains at Rocky Repro Pty Ltd premises.
(b). Until all outstanding fees are paid by the Owner and a Production Agreement is signed by the new Owner or the donor animal is removed, the Owner will continue to be liable to Rocky Repro Pty Ltd for accommodation/agistment and other associated fees (including veterinary service fees) in accordance with the Rocky Repro Pty Ltd Fee Schedule.
(c). Rocky Repro Pty Ltd may transfer or assign its rights and obligations pursuant to this Agreement to a third party and the Owner accepts and acknowledges that if a transfer or an assignment to a third party is effected, the Owner will continue to be bound in all respects by the terms and conditions set out in this Agreement.