Buyer Terms & Conditions

1. Introduction

These Buyer Terms & Conditions govern your use of the SireSeeker platform (Platform) when purchasing livestock genetics.

By accessing the Platform, creating an account or completing a transaction, you agree to be bound by these Terms.

2. Nature of the Platform

SireSeeker operates as an online marketplace for livestock genetics.

You acknowledge and agree that:

  • SireSeeker is a marketing and transaction facilitation platform;
  • SireSeeker is not the owner, breeder, producer, vendor or reseller of products listed on the Platform;
  • SireSeeker does not take possession of products listed on the Platform;
  • SireSeeker acts solely as a payment collection and transaction facilitation agent; and
  • all contracts for sale are entered into directly between the buyer and the vendor.

3. Buyer Obligations

You agree to:

  • provide accurate and complete information;
  • comply with all applicable laws and regulations;
  • ensure you have the legal capacity to enter into binding contracts;
  • maintain the confidentiality of your account details; and
  • promptly update any information that becomes inaccurate or outdated.

You are responsible for all activity conducted through your account.

4. Product Information

Product information made available on the Platform is supplied by vendors.

This may include (but not limited to):

  • photographs;
  • pedigrees;
  • genomic information;
  • EBVs, EPDs and performance data;
  • fertility information;
  • certifications; and
  • supporting documentation.

You acknowledge that:

  • SireSeeker relies on information supplied by vendors;
  • SireSeeker does not independently verify all information supplied by vendors;
  • information provided on the Platform is supplied for general information purposes only; and
  • purchasing decisions are made at your own discretion and risk.

5. Orders and Acceptance

A transaction is completed when:

  • payment has been successfully processed; and
  • confirmation of the transaction has been issued by SireSeeker.

SireSeeker reserves the right to refuse, cancel or reverse a transaction where:

  • payment cannot be verified;
  • a listing error has occurred;
  • fraud is suspected;
  • the product is unavailable;
  • inventory cannot be supplied; or
  • compliance concerns arise.

6. Pricing, GST and Charges

Unless otherwise stated:

  • all prices displayed on the Platform are inclusive of GST;
  • prices are displayed in Australian Dollars (AUD); and
  • additional charges may apply, including storage, transfer, shipping, import, export, veterinary, regulatory, handling or administration fees.

The buyer is responsible for all costs associated with obtaining possession of purchased goods unless expressly stated otherwise.

7. Payment

Payment must be made through payment methods approved by SireSeeker.

You authorise SireSeeker to:

  • collect funds on behalf of the vendor;
  • deduct any applicable fees payable by you; and
  • process refunds, adjustments or reversals where required.

Ownership of goods will not transfer until payment has been successfully received and cleared.

8. Storage and Transfer of Ownership

Upon completion of a transaction:

  • title to the goods transfers to the buyer;
  • the goods will be transferred into the buyer's nominated account where applicable; and
  • the buyer becomes responsible for all ongoing storage, transfer and associated charges.

You acknowledge that storage facilities may impose their own fees, requirements and procedures.

9. Inventory Availability and Discrepancies

You acknowledge and agree that:

  • inventory information displayed on the Platform is supplied by vendors and storage facilities;
  • SireSeeker does not independently verify the existence, quantity, condition or availability of inventory held by third-party storage facilities;
  • inventory discrepancies may arise due to administrative error, prior transfers, usage, loss, damage, storage facility error, record inaccuracies or other circumstances beyond SireSeeker's control; and
  • completion of a transaction is subject to the relevant inventory being available for transfer or release.

If inventory cannot be supplied in whole or in part, SireSeeker may, at its discretion:

  • cancel the transaction;
  • reduce the quantity supplied;
  • facilitate the supply of alternative inventory where agreed by the parties; or
  • refund all or part of the purchase price.

To the maximum extent permitted by law:

  • SireSeeker is not liable for any loss arising from inventory discrepancies, shortages, unavailable inventory or inaccuracies in inventory records; and
  • the buyer's sole remedy against SireSeeker in relation to unavailable inventory is a refund of the amount paid for the unavailable inventory.

The buyer acknowledges that inventory disputes may need to be resolved directly with the vendor and/or storage facility where appropriate.

10. Shipping and Logistics

Shipping may be:

  • arranged by SireSeeker;
  • arranged by the buyer; or
  • coordinated through a third-party logistics provider.

You acknowledge that:

  • all transport services are performed by independent third parties;
  • SireSeeker does not control transport providers;
  • shipping timeframes are estimates only; and
  • delays may occur due to weather, regulatory requirements, carrier availability or other circumstances beyond SireSeeker's control.

To the maximum extent permitted by law, SireSeeker is not liable for any loss, damage, delay, deterioration, contamination or destruction occurring during transport.

11. Risk and Responsibility

Risk in the goods passes to the buyer immediately upon completion of the transaction.

This applies regardless of:

  • whether goods remain in storage;
  • whether transport has been arranged;
  • whether collection has occurred; or
  • whether transfer documentation has been completed.

12. No Warranty Regarding Genetics

To the maximum extent permitted by law, SireSeeker makes no representation or warranty regarding:

  • fertility;
  • conception rates;
  • pregnancy outcomes;
  • viability;
  • semen quality;
  • embryo quality;
  • genetic merit;
  • genetic defects;
  • parentage;
  • pedigree accuracy;
  • performance outcomes;
  • estimated breeding values (EBVs);
  • expected progeny differences (EPDs); or
  • any future production, carcass, growth or reproductive performance.

Any such information is supplied by the vendor and is relied upon at the buyer's own risk.

13. Biosecurity and Regulatory Compliance

The buyer is solely responsible for:

  • ensuring compliance with applicable biosecurity requirements;
  • obtaining any permits, approvals or licences required;
  • satisfying import or export requirements;
  • complying with transport regulations; and
  • complying with all applicable laws in the buyer's jurisdiction.

SireSeeker accepts no responsibility for a buyer's inability to legally receive, transport, possess or use purchased goods.

14. Buyer Due Diligence

You acknowledge that livestock genetics are specialised products.

You are responsible for conducting your own enquiries regarding:

  • suitability;
  • genetic merit;
  • fertility information;
  • pedigree information;
  • ownership history;
  • storage arrangements; and
  • intended use.

You should seek independent professional advice where appropriate.

15. Returns and Refunds

Due to the nature of livestock genetics, returns will generally not be accepted once a transaction has been completed.

Refunds may only be considered where:

  • required by law;
  • a transaction cannot be fulfilled; or
  • otherwise agreed by the vendor and SireSeeker.

Nothing in these Terms limits any rights available under the Australian Consumer Law.

16. Buyer Disputes

In the event of a dispute:

  • the buyer must first attempt to resolve the matter directly with the vendor; and
  • SireSeeker may, at its discretion, assist in facilitating communication.

However:

  • SireSeeker is not responsible for resolving disputes;
  • SireSeeker is not responsible for dispute outcomes; and
  • SireSeeker is not liable for any outcome arising from a dispute between buyer and vendor.

17. Limitation of Liability

To the maximum extent permitted by law:

  • SireSeeker excludes all warranties, representations and guarantees not expressly contained in these Terms;
  • SireSeeker's total aggregate liability arising out of or in connection with any transaction, claim or use of the Platform is limited to the amount actually received by SireSeeker from the buyer in respect of the relevant transaction;
  • SireSeeker is not liable for any indirect, consequential, incidental, special or economic loss whatsoever, including but not limited to:

    i. loss of profit;

    ii. loss of revenue;

    iii. loss of opportunity;

    iv. loss of production;

    v. loss of breeding opportunity;

    vi. loss of genetic opportunity;

    vii. loss of livestock value;

    viii. failed conception or pregnancy ix. outcomes;

    x. artificial insemination costs;

    xi. embryo transfer costs;

    xii. veterinary costs;

    xiii. recipient animal costs; or
    business interruption;

    xiv. whether arising in contract, tort (including negligence), statute or otherwise.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.

18. Indemnity

You indemnify SireSeeker against any claim, loss, liability, cost or expense arising from:

  • your breach of these Terms;
  • your misuse of the Platform;
  • your breach of any law or regulation; or
  • any dispute between you and a vendor.

19. Suspension or Termination

SireSeeker may suspend or terminate your access to the Platform where:

  • you breach these Terms;
  • fraudulent activity is suspected;
  • payment issues arise; or
  • your conduct may damage the reputation, integrity or operation of the Platform.

20. Governing Law

These Terms are governed by the laws of South Australia, Australia.

The parties submit to the exclusive jurisdiction of the courts of South Australia.