Terms and Conditions of Use
Welcome to the ABS website (the “Site”) owned and operated by ABS Global, Inc. and its affiliates (“ABS”). Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. ABS reserves the right to make changes to the Site and to these Terms from time to time.
PURCHASE POLICY
By placing your order you confirm that you are 18 years of age or older, you are authorized to make this purchase, and you have read and agreed to the ABS Terms. All sales are final upon checkout, cannot be canceled, and are non-refundable. All orders are subject to acceptance by ABS employees duly authorized to accept such orders at the principal office of ABS in DeForest, Wisconsin. ABS will have no responsibility for any order not so accepted or for any terms, conditions or agreements which do not appear on ABS standard printed order forms.
Payment of sales tax is the responsibility of the Customer and may be applied to orders in accordance with state and federal tax laws. Due to varying regional tax laws, a tax (sales tax based on state and county) will appear at the time of checkout; however for customers that have semen tax exemption forms on file with ABS, the sales tax will not be charged to the customer’s card at final processing. Tax exemption forms must be on file with ABS for orders to be tax exempt, unless already exempt by area zip code.
Certificates will be electronically transferred to the appropriate association member account within 3 working business days of order. Certificates are not available in written format.
PRIORITY RELEASED SEMEN will be available on a request only basis on certain early release bulls. Like much of the custom collection semen used in the U.S., this product has not had full health testing to meet CSS minimum standards. It is designed for producers that are interested in getting the earliest possible semen from high demand sires. This product is this product not recommended for Embryos.
YOUR ACCOUNT
If you use any ABS Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ABS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
BIOLOGICAL PRODUCTS STANDARDS
All Products, except as otherwise designated by ABS, shall have been processed in accordance with standards of ABS, the National Association of Animal Breeders and Certified Semen Services, Inc. (collectively, “Associations”), will be individual straws or ampules identified as to sire, breed and collection code, and will contain enough semen for one insemination. ABS may discontinue supplying specific Products at any time, and may allocate available Products among different representatives in the sole and absolute discretion of ABS from time to time.
WARRANTIES AND LIABILITY
All information, content, materials, products, and other services included on or otherwise made available to you thought eh ABS site are provide by ABS on a “as is” and “as available” basis, unless otherwise specified in writing.
ABS provides a Warranty Disclaimer and Liability Disclaimer (“Disclaimers”) in ABS’s standard printed order forms and marketing materials as follows. If the following warranty and liability disclaimer are inconsistent with ABS’s standard pre-printed Disclaimers, those standard Disclaimers will control.
WARRANTY: Since ABS does not control conditions under which its product is employed and notwithstanding the fact that customers of ABS have had a high degree of success in their employment of its products and techniques, neither ABS nor its agents or employees give any warranty, express or implied, as to the description, quality or productiveness or the results which may be obtained by the use of any products sold, or in connection with any techniques recommended, and ABS expressly disclaims any responsibility of any kind with respect to the use of its products or the employment of its techniques. ABS warrants that it has good title to the products sold. ABS MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
LIABILITY DISCLAIMER: ABS, its agents or employees shall not be responsible for any injury or damage caused through the negligent use or handling of its products, or for any damages or loss due to any defects in the containers used in connection therewith. ABS’, its agents’ or employees’ entire liability on any claim, whether in negligence or any other tort or for breach of contract or otherwise, with respect to products delivered hereunder, shall not exceed the purchase price of the products sold that actually caused the damage or, if ABS shall so elect, Buyer shall be entitled only to replacement of product. In no event shall ABS be liable for Buyer’s incidental or consequential damages or lost profits. ABS will not be liable to Customers for failure of cows to calve.
INDEMNITY
You agree to defend, indemnify and hold ABS, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, use of the Products, or violation of the Terms.
You certify that the certificate(s) you have purchased are for the sire of the registered animal(s) and further indemnify ABS against any first or third party claims related to a misrepresentation of the sire.
PRIVACY
ABS respects the privacy of all visitors to our web site. When you sign up for and ABS online account you will need to provide specific information in order for ABS to process your order. ABS collects and stores customer contact information (such as e-mail addresses, phone numbers and postal addresses) and credit card information (at the customer’s option). This information will only be used to process orders and for purchase or marketing communications from ABS to you.
We make every effort to prevent the loss, misuse and alteration of the information under our control. All information collected by us is accessible only to our authorized employees. ABS will NOT make information collected available to any third parties.
ELECTRONIC COMMUNICATIONS
When you use the ABS Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other ABS communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
Trademarks, logos and service marks displayed on the ABS Site are registered and unregistered Trademarks of ABS (“ABS Marks”). No license or right to use any ABS Mark displayed on this Site without the written permission of ABS is granted by these Terms or by access to the Site. ABS Marks may not be used in connection with any product or service that is not ABS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ABS. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms is strictly prohibited.
SHIPPING
All Products are to be shipped by ABS directly to the location indicated in the Order. All costs of shipping the Products shall be paid by the Customer. Title to the Products will pass directly to the Customer immediately upon the shipment of the Products by ABS directly to the Customer. Products ordered after 6:00 AM CST will be processed for shipping the following day.
PRODUCT DESCRIPTIONS
ABS attempts to be as accurate as possible. However, ABS does not warrant that product descriptions or other content of any ABS product or service is accurate, complete, reliable, current, or error-free. If a product offered by ABS itself is not as described, your sole remedy is to return it in unused condition and a credit will be issued to your account.
DISPUTES
Any dispute or claim relating in any way to your use of any ABS Service, or to any products or services sold or distributed by ABS or through ABS.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
APPLICABLE LAW
By using any ABS Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and ABS.
ABS ANTI-CORRUPTION AND BRIBERY POLICY
ABS maintains an Anti-Corruption and Bribery Policy to ensure all business is conducted in an honest and ethical manner. ABS takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate. ABS is proactive in implementing and enforcing effective systems to counter bribery and will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which we operate.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Last updated: February 1, 2013