Conditions of Contract

 

(1) LIVESTOCK INTERNATIONAL Ltd’S DUTIES

Livestock International Ltd (LI Ltd) are cattle brokers and do not own any of the cattle/embryos offered for sale.  L I Ltd will use all reasonable endeavours to make suitable introductions between Sellers and Buyers and will perform its duties in such manner as it thinks fit.  L I Ltd does not collect or guarantee any monies.

It is under no obligation to inspect, vet or identify the cattle nor to verify the truth or accuracy of any information relating to the cattle/embryos.

(2) CONFIDENTIALITY

The information supplied by L I Ltd is confidential and remains at all times the property of L I Ltd. Sellers and buyers dealing with or through L I Ltd do so on the strict condition that they will not in any way whether for gain or otherwise divulge any information supplied by L I Ltd to any person except as provided for under these Conditions of Contract. In particular sellers may not pass on the names of purchasers introduced to them by L I Ltd.

(3) GOOD FAITH

L I Ltd receives all its information in good faith but are unable to verify the truth or accuracy of any such information.  No warranties are given (or representations made) by L I Ltd as to the accuracy of any information relating to the cattle / embryos.  It is the responsibility of buyers to check by inspection or otherwise the truth or accuracy of any information supplied by L I Ltd and L I Ltd cannot accept any liability for any loss or damage howsoever arising in connection with any information supplied by them.

(4) RIGHTS AND OBLIGATIONS OF SELLERS AND BUYERS

Sellers warrant their right to sell the cattle/embryos and undertake to indemnify L I Ltd against all actions, proceedings, claims, demands, costs, charges and expenses to which L I Ltd may be exposed or which it may incur by reason of any defect in the cattle. The seller further undertakes to provide promptly any such information and documentation concerning the cattle as L I Ltd may from time to time reasonably require.

The seller shall notify L I Ltd forthwith if the cattle become unavailable for sale for whatever reason and in such circumstances L I Ltd will be released from its duties to make suitable introductions between sellers and buyers.

The price and terms of payment for the cattle / embryos shall be a matter for the seller and buyer and it shall be the responsibility of the seller and buyer to inform L I Ltd within 7 days of the amount agreed to be paid by the buyer for the cattle.

L I Ltd accepts no liability or responsibility whatsoever for any default in payment for the cattle by the buyer.

No warranty is given (or representation made) by L I Ltd as to the condition, fitness, quality, health or freedom from disease of any cattle, whether any cattle are in calf or not, or any other fact or matter concerning the cattle. Accordingly it is the responsibility of the buyer to make his own inspection of and identify the cattle or otherwise ascertain the truth or accuracy of any information relating to the cattle and L I Ltd shall not be liable for any damage howsoever arising (whether in contract or in tort including liability for consequential loss and loss of profit) in relation to the sale and purchase of the cattle.

The seller retains ownership of the cattle until payment has cleared when the legal and equitable title of the cattle will pass to the buyer. Notwithstanding this the cattle shall be the absolute risk of the buyer from the time the sale and purchase of the cattle is agreed between the seller and the buyer provided that while the cattle are in the possession of the seller the seller uses all reasonable endeavours to ensure that the general health, welfare and maintenance of the cattle agreed to be sold is maintained.

(5) COMMISSION – as set out below

Where the introduction by L I Ltd of a buyer to a seller (or a seller to a buyer):

(a) results in an agreement between the seller and the buyer for the sale and purchase of some or all of

the cattle which the seller notified L I Ltd were available for sale then the seller will pay to L I Ltd commission at the rate of 5% for dairy stock and 5% for beef on the agreed sale price (plus VAT).

(b) results in an agreement between the seller and the purchaser within 12 months of the introduction for

the sale and purchase of cattle other than the cattle which the seller notified L I Ltd were available for sale then the seller will pay L I Ltd commission at the appropriate rate on the agreed sale price (plus VAT).

(6) DISPUTES BETWEEN SELLER AND PURCHASER

L I Ltd is not a party to any agreement between the seller and purchasers and cannot be held responsible for any dispute arising between sellers and purchasers.

(7) WARNING

Sellers are respectfully advised to check with buyers to see whether or not they were introduced directly or indirectly by L I Ltd as commission will be due to L I Ltd even when the introductions are indirect providing L I Ltd was instrumental in effecting such introductions.