TERMS AND CONDITIONS BINDING
Please read these TERMS AND CONDITIONS OF PURCHASE carefully before placing a purchase order through the Site. By placing any purchase order you agree to be bound by these TERMS AND CONDITIONS OF PURCHASE, which are binding agreements and obligations between you, as customers, and us. If you do not agree to all of the terms and conditions do not place a purchase order.
J.R. Simplot Company, through its business division called Simplot Animal Sciences, located in the State of Idaho, controls and operates the website https://store.simvitro.com; or https://simvitro.myshopify.com and all pages and content contained therein (collectively, the “Site”). Throughout the Site and in this Agreement, the terms, “we”, “us” “our” and “the company” refer to J.R. Simplot Company and Simplot Animal Sciences. We are offering this Site, including all tools and information on the Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices related to the Site, including this document, those listed at https://store.simvitro.com; or https://simvitro.myshopify.com and those of third party vendors that provide or host aspects of the Site on behalf of the company.
By offering the Site, we are granting you a limited license to view, use and copy the Site for your personal purposes. Any copyright or other proprietary notices on the Site must be retained. Any unauthorized reproduction or modification, distribution, or performance of all or any party of the Site is prohibited. For any content we host from any other party are through our licenses and relationships with such providers. Although we strive for accuracy in any information on the Site, we do not guarantee the accuracy of such content and, unless expressly stated, we make no representation or warranty regarding such content.
The Site may contain links to other websites, apps or other content operated or provided by third parties. We do not control or monitor any such third party content and are not responsible for it.
By agreeing to these TERMS AND CONDITIONS OF PURCHASE you represent that you are at least the age of majority in your state or province of residence. You may not use any purchased product for any illegal purpose or be in violation of any law of the place of your residence. In using the Site, or in purchasing or using any goods from the Site, you agree to comply with all federal, state, local or other applicable laws and regulations.
RESERVATION OF RIGHT OF NO SALE
We reserve the right, but are not obligated, to limit the sales of our products, including embryos, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products that we offer. We reserve the right to discontinue a product line at any time.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and /or billing address/phone number provided at the time the order was made.
OBLIGATION TO PROVIDE INFORMATION
We attempt to ship ordered embryos within seven (7) days of the placement of the purchase order. If we are unable to do so we will contact you (including by email) and provide you with an estimated shipment date. Shipment of all embryos will utilize nitrogen vapor shipment tanks and will be shipped via commercial shipment methods. We will maintain insurance on any shipped package, and, subject to any warranty provided by us, you bear the entire risk of loss for any product once it has been delivered to the address you provide.
LIMITED WARRANTY AND LIMITATION ON DAMAGES
The following is a declaration of a LIMITED WARRANTY:
We guarantee a viable frozen embryo that conforms to the genetics specified in your purchase order. We limit this genetics guarantee to be from the “pooled” cows and not from a specified donor cow.
Embryos being offered for sale will be sold “as is”. While we utilize female sexed semen WE DO NOT GUARANTEE THAT THE EMBRYO WILL BE FEMALE. WE DO NOT GUARANTEE CONCEPTION OR A LIVE BIRTH. Remedy for a breach of this limited warranty is limited to REPLACEMENT OF THE EMBRYO, in no event shall Simplot Animal Sciences be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation loss of profits, lost revenue, replacement costs, or other similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from the purchase of an embryo. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THAT WHICH IS PROVIDED FOR HEREIN. WE PROVIDE NO IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. THIS IS A SALE OF LIVESTOCK AND NO WARRANTY IS MADE THAT THE EMBRYO IS FREE FROM DISEASE.
The law governing your purchase of embryos from us and these TERMS AND CONDITIONS OF PURCHASE shall be the laws of the State of Idaho, if any litigation is commenced based upon the purchase of any embryo from us venue shall be Fourth Judicial District of the State of Idaho. By using the Site or making any purchase from the Site, you expressly consent to the personal jurisdiction and venue in the state and federal courts for the State of Idaho for any action or proceeding related to the Site or such purchase.
If any provision herein is, for any reason, held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
RESERVATION OF THE RIGHT TO AMEND TERMS AND CONDITIONS
From time to time you may be unable to access the Site due to conditions beyond our control.
We reserve the right, at our sole discretion, to update, change or replace any part of these TERMS AND CONDITIONS OF PURCHASE by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website and purchase of embryos from us constitutes acceptance of those changes.