Applicable to sales from 4 July 2003.
These are the Terms and Conditions applicable to the purchase of an animal from McLachlan Group Pty Ltd ("MG") by placing an order through this web-site.
1. FORMATION OF CONTRACT
No Contract shall come into existence until the Purchaser's order has been accepted by MG.
Acceptance by MG shall be deemed to occur only when a representative of MG has contacted the Purchaser to confirm the sale.
The animals sold are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Purchaser. The Purchaser acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions.
2. PRICE AND PAYMENT
Payment shall be made in full before the animal will be released for collection by or delivery to the Purchaser.
The Purchaser shall pay all shipping charges.
The Purchaser shall bear all government levies and taxes in relation to the sale.
3. TITLE AND RISK
Title to and risk in the animal shall pass to the Purchaser upon the collection of the animal by the Purchaser. Loading of the animal onto the vehicle of the Purchasers designated carrier shall constitute collection by the Purchaser.
In the event the animal dies, is injured or becomes ill prior to collection of the animal, MG shall refund the full purchase price to the Purchaser.
4. COLLECTION & DELIVERY
Collection and delivery of the animal to the Purchaser shall be at the cost and liability of the Purchaser.
Upon confirmation of sale, MG shall specify to the Purchaser a place of collection for the animal and the times during which collection may be made.
The Purchaser shall arrange collection and transportation of the animal from the place of collection during the specified times. NOTE that MG can assist the Purchaser with making transportation arrangements upon request.
Except by prior agreement with MG, animals must be collected within 7 days of confirmation of the sale.
MG shall not be liable for any delay in collection or delivery of the animal, howsoever caused, nor for any loss or injury to the animal once it has been collected from MG.
5. FERTILITY GUARANTEE
All stock are guaranteed to be capable of natural breeding. If the breeding ability of any animal is questioned, a veterinary certificate, accompanied by a written claim, must be forwarded within six months of the sale date. MG shall not be liable under this guarantee for infertility arising as a result of any act or omission of the Purchaser or event occuring after collection of the animal from MG.
Where a claim under this guarantee is accepted by MG, it may at its sole discretion either replace the animal with another animal of comparable value or provide a credit for the full purchase price for use in respect of the purchase of any other animal from MG.
Any costs incurred will be borne by the purchaser.
6. HEALTH ISSUES
MG notes, to the best of its knowledge and belief, that the cattle being sold originate from a herd that is declared "Protected" or equal to a JD Cattle MAP status of MN1 and have been annually vaccinated with 7 in 1 and that Airlie Charolais and Talis Angus are TB and Brucellosis free herds.
7. RELIANCE ON INFORMATION & IMAGES
The Purchaser acknowledges that he has relied on his own enquiries and assessments and has not relied on any photograph or image of the animal displayed on the MG web site in making this purchase nor on any comments of a general nature published by MG about the animal.
MG's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the animal purchased under these Terms and Conditions.
Except as provided in these Terms and Conditions MG shall not be liable to the Purchaser for any loss of profits or other incidental, indirect, special or consequential damages arising out of or in connection with the purchase or performance of the animal, even if MG has been advised of their possibility.
Any typographical, clerical or other error or omission in sales material, this web-site, price list, acceptance of offer, invoice or other documents or information issued by MG shall be subject to correction without any liability on the part of MG.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 or other relevant legislation, where implied conditions and warranties cannot be excluded, MG's liability for breach of such conditions and warranties shall be limited, at MG's option, to (a) the replacement of the animal with an equivalent animal OR (b) a refund of the purchase price.
10. EXPORT RESTRICTIONS
The Purchaser acknowledges that the animals sold hereunder, may not be permitted to be exported from Australia and that MG shall not be liable in any way should a Purchaser purchase an animal for this purpose.
11. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.