Terms and Conditions

FECPAKG2 SINGLE USER/SHARED USER SUBSCRIPTION Agreement

1. DEFINITIONS

In this Agreement:

  1. “We”, “Us” or “Our” means Techion Group Limited and its successors, assignees, and any associated companies.
  2. “You”, “Your” or “User” means the person or commercial entity who is the subscriber under this Agreement.
  3. "FECPAKG2 Unit”, “Unit” means all equipment and devices provided by us as part of the FECPAKG2 Unit.
  4. “FEC” means Faecal Egg Count(s).
  5. “MICRO-I” means the image capture device supplied within the Unit.
  6. “Cassette” means the Cassette supplied with the Unit.
  7. “Techion” means Techion Group Limited.
  8. “Menixis” means Menixis Limited, the Licensor.
  9. “Service”,”Software” means the FECPAKG2 FEC diagnostic and reporting service provided by Techion Group Ltd.
  10. “License” means the license agreement between Menixis and Techion.
  11. “Sub-license” means the parts of this agreement that permit You to purchase and use those elements of the FECPAKG2 Unit covered by Techion’s License with Menixis.
2. Term

The term of this Agreement is two (2) years, which will start from the date the Agreement is confirmed by us. If the Subscriber terminates and/or is in breach of the Agreement then termination fees will apply.

3. Fees and charges

You will pay us or our nominee (if listed on the tax invoice) the following:

  1. The costs as detailed in this Agreement including the Annual subscription fees in advance on the due date for payment as set out in our tax invoice, plus any additional taxes payable.
  2. Any additional product or services you request and which we provide to you from time to time and as listed in our invoice to you.
  3. Any fees associated with dishonoured cheques and/or direct debit on demand – payable immediately.
  4. Any liquidated damages payable under clause 5 and any associated collection fee where applicable – payable immediately.
  5. Costs incurred for the collection of any overdue debts – payable immediately.
4. Availablility of service
  1. We aim to provide a high quality service which is available at all times. However, because we rely on communication services, other networks and equipment that we do not own or control, we cannot promise that our services will always be available or fault free, and shall not be responsible for any costs associated should for any reason Our service be unable to be provided to you at any one time.
  2. It is the Users responsibility to ensure that an appropriate internet connection is available in order to use the FECPAKG2 Service, We accept no responsibility for the assurance of an appropriate internet connection.
  3. If you do not purchase a FECPAKG2 Head Unit you agree that you have access to appropriate computer equipment, communication services and equipment that allows the ability to communicate with the MICRO-I via a USB port.
  4. If you do not purchase a FECPAKG2 Head Unit, we may at our sole discretion offer a limited amount of free technological support (1 hour) for the setup of the Users personal computer equipment, any further technical support required over and above the 1 hour will be at the cost of the User. We are under no obligation to provide such a service as described.
  5. We accept no responsibility for any issue caused by the Users personal computer equipment or any installed Software that interferes with the standard operation of the FECPAKG2 Unit or FECPAKG2 Software/Service.
  6. The User agrees to ensure appropriate security measures are undertaken to maintain the secure connection to the FECPAKG2 Service.
  7. Our service to you under this Agreement expressly excludes any internet connection set up costs and ongoing internet access fees, and costs associated with your computer equipment being able to connect and communicate with the MICRO-I.
5. USE OF FECPAKG2 UNIT
  1. We are making available to you the FECPAKG2 Unit (the MICRO-I and Cassette under a Sub-license agreement with Menixis) for the express purpose of carrying out FEC’s (and any associated service we may offer to you from time to time) and as such you are not entitled to use the Unit for any other purpose.
  2. You shall not sell or make the Unit available to any third party without our prior written consent, nor attempt to modify it in any way.
  3. You must use the FECPAKG2 Unit in accordance with our instructions (which we may alter from time to time by notice to you) and keep the FECPAKG2 Unit in good and useable condition at all times (general wear is excluded).
  4. The User is not allowed to use the FECPAKG2 Unit, FECPAKG2 Service for commercial purposes or commercial gain without prior written consent
  5. We will warrant the equipment and devices within the Unit against manufacturing faults for a period of 12 months from the date of delivery (unless the unit shows evidence of tampering). However, any repairs or replacement of Unit components outside of this warranty period shall be at your cost.
  6. Only an authorised technician is allowed to repair/dismantle any part of the FECPAKG2 Unit, any unauthorised attempts to repair, modify, or dismantle the Unit buy the User, may forfeit the right to warranty on the Unit.
  7. The User agrees to only use the supplied or authorised power supplies or power supply alternatives with the MICRO-I Unit.
  8. Any damage that occurs to the MICRO-I Unit through any inappropriate use or use of third party hardware is at the liability of the User, and as such any costs involved in the repair of the Unit are at the cost of the User.
  9. We will not be liable for any loss (including by fire) or theft of, or damage however caused to the Unit during the term of this Agreement. It is your responsibility to have insurance cover if you elect to do so, against potential liability under this clause.
  10. You must advise us as soon as the FECPAKG2 Unit is damaged, not in full working order, lost or stolen, and we will advise you on how we can best assist you.
  11. The FECPAKG2 Unit and online Service includes Software that is either owned by us or licensed by us from Menixis Limited. You have a limited Sub-license (permission) to use this Software only with the FECPAKG2 Unit and only for the Term, and for the purpose of this Agreement. You must not copy, reproduce, decompile, create derivative works of, reverse engineer, attempt to repair, makes connections to, modify, Sub-license, distribute or use for any other purpose, the FECPAKG2 Unit or the FECPAKG2 Software or attempt or authorise or permit any other person to do so.
  12. We may from time to time and at our absolute discretion offer you the opportunity to upgrade your FECPAKG2 Unit (and any other associated equipment) for a new FECPAKG2 Unit (or other equipment), and shall advise you of any costs associated with such an upgrade.
  13. We may download new Software to and retrieve information from the FECPAKG2 Unit at any time without notice to you.
  14. We shall be under no obligation to continue to provide you with the Services offered under this Agreement should any components of your FECPAKG2 Unit be in a condition that render it no longer workable and/or you are unable to maintain suitable internet access.
6. TERMINATION
  1. We may terminate or temporarily suspend this Agreement and your Service without written notice, if you fail to pay any amount you owe us under this Agreement on the due date, if you breach any other clause of this Agreement, or if we have reasonable grounds to suspect fraud or any other unauthorised activity. Any such termination or suspension will be without prejudice to our other rights and remedies.
  2. You may terminate the Agreement at any time, but will be liable for any outstanding fees owing until the completion of the subscription Term.
  3. On termination of this Agreement you must immediately pay us all amounts owing, including any liquidated damages payable under this clause 6.
  4. Your obligations under this Agreement will survive for our benefit.
  5. We may, at our sole discretion, make an offer to purchase back your FECPAKG2 Unit upon termination, but we will be under no obligation to do so.
7. USE OF INFORMATION
  1. We reserve the right to use information collected via the FECPAKG2 system in any form, but we shall not release your name in relation to such information without your prior written consent.
8. MENIXIS AGREEMENT
  1. By signing this Agreement, You agree to be a Sub-licensee under the Licensee agreement between Menixis and Us (as Licensee) and abide by any of the conditions of the License Agreement applicable to You as a Sub-licensee, and You acknowledge that We can only provide You with this Service if you agree to this (please contact Us if your require further clarification of these conditions).
  2. We are not able to offer You the Service if actions from either You or Us breach our License agreement with Menixis, the consequences of which may result in either Our License agreement with Menixis being terminated and/or Our agreement with You having to be terminated.
9. GENERAL
  1. The Terms and Conditions of this Agreement will be governed by the Laws of New Zealand.
  2. You will be liable to pay all our costs and expenses (including legal costs) in enforcing these terms and conditions.

FECPAKG2 LAB USER SUBSCRIPTION Agreement

1. DEFINITIONS

In this Agreement:

  1. “We”, “Us” or “Our” means Techion Group Limited and its successors, assignees, and any associated companies.
  2. “You”, “Your” or “User” means the person or commercial entity who is the subscriber under this Agreement.
  3. "FECPAKG2 Unit”, “Unit” means all equipment and devices provided by us as part of the FECPAKG2 Unit.
  4. “FEC” means Faecal Egg Count(s).
  5. “MICRO-I” means the image capture device supplied within the Unit.
  6. “Cassette” means the Cassette supplied with the Unit.
  7. “Techion” means Techion Group Limited.
  8. “Menixis” means Menixis Limited, the Licensor.
  9. “Service”,”Software” means the FECPAKG2 FEC diagnostic and reporting service provided by Techion Group Ltd.
  10. “License” means the license agreement between Menixis and Techion.
  11. “Sub-license” means the parts of this agreement that permit You to purchase and use those elements of the FECPAKG2 Unit covered by Techion’s License with Menixis.
2. Term

The term of this Agreement is two (2) years, which will start from the date the Agreement is confirmed by us. If the Subscriber terminates and/or is in breach of the Agreement then termination fees will apply.

3. Fees and charges

You will pay us or our nominee (if listed on the tax invoice) the following:

  1. The costs as detailed in this Agreement including the Annual subscription fees in advance on the due date for payment as set out in our tax invoice, plus any additional taxes payable.
  2. Any additional product or services you request and which we provide to you from time to time and as listed in our invoice to you.
  3. Any fees associated with dishonoured cheques and/or direct debit on demand – payable immediately.
  4. Any liquidated damages payable under clause 5 and any associated collection fee where applicable – payable immediately.
  5. Costs incurred for the collection of any overdue debts – payable immediately.
4. Availablility of service
  1. We aim to provide a high quality service which is available at all times. However, because we rely on communication services, other networks and equipment that we do not own or control, we cannot promise that our services will always be available or fault free, and shall not be responsible for any costs associated should for any reason Our service be unable to be provided to you at any one time.
  2. It is the Users responsibility to ensure that an appropriate internet connection is available in order to use the FECPAKG2 Service, We accept no responsibility for the assurance of an appropriate internet connection.
  3. If you do not purchase a FECPAKG2 Head Unit you agree that you have access to appropriate computer equipment, communication services and equipment that allows the ability to communicate with the MICRO-I via a USB port.
  4. If you do not purchase a FECPAKG2 Head Unit, we may at our sole discretion offer a limited amount of free technological support (1 hour) for the setup of the Users personal computer equipment, any further technical support required over and above the 1 hour will be at the cost of the User. We are under no obligation to provide such a service as described.
  5. We accept no responsibility for any issue caused by the Users personal computer equipment or any installed Software that interferes with the standard operation of the FECPAKG2 Unit or FECPAKG2 Software/Service.
  6. The User agrees to ensure appropriate security measures are undertaken to maintain the secure connection to the FECPAKG2 Service.
  7. Our service to you under this Agreement expressly excludes any internet connection set up costs and ongoing internet access fees, and costs associated with your computer equipment being able to connect and communicate with the MICRO-I.
5. USE OF FECPAKG2 UNIT
  1. We are making available to you the FECPAKG2 Unit (the MICRO-I and Cassette under a Sub-license agreement with Menixis) for the express purpose of carrying out FEC’s (and any associated service we may offer to you from time to time) and as such you are not entitled to use the Unit for any other purpose.
  2. You shall not sell or make the Unit available to any third party without our prior written consent, nor attempt to modify it in any way.
  3. You must use the FECPAKG2 Unit in accordance with our instructions (which we may alter from time to time by notice to you) and keep the FECPAKG2 Unit in good and useable condition at all times (general wear is excluded).
  4. We will warrant the equipment and devices within the Unit against manufacturing faults for a period of 12 months from the date of delivery (unless the unit shows evidence of tampering). However, any repairs or replacement of Unit components outside of this warranty period shall be at your cost.
  5. Only an authorised technician is allowed to repair/dismantle any part of the FECPAKG2 Unit, any unauthorised attempts to repair, modify, or dismantle the Unit buy the User, may forfeit the right to warranty on the Unit.
  6. The User agrees to only use the supplied or authorised power supplies or power supply alternatives with the MICRO-I Unit.
  7. Any damage that occurs to the MICRO-I Unit through any inappropriate use or use of third party hardware is at the liability of the User, and as such any costs involved in the repair of the Unit are at the cost of the User.
  8. We will not be liable for any loss (including by fire) or theft of, or damage however caused to the Unit during the term of this Agreement. It is your responsibility to have insurance cover if you elect to do so, against potential liability under this clause.
  9. You must advise us as soon as the FECPAKG2 Unit is damaged, not in full working order, lost or stolen, and we will advise you on how we can best assist you.
  10. The FECPAKG2 Unit and online Service includes Software that is either owned by us or licensed by us from Menixis Limited. You have a limited Sub-license (permission) to use this Software only with the FECPAKG2 Unit and only for the Term, and for the purpose of this Agreement. You must not copy, reproduce, decompile, create derivative works of, reverse engineer, attempt to repair, makes connections to, modify, Sub-license, distribute or use for any other purpose, the FECPAKG2 Unit or the FECPAKG2 Software or attempt or authorise or permit any other person to do so.
  11. We may from time to time and at our absolute discretion offer you the opportunity to upgrade your FECPAKG2 Unit (and any other associated equipment) for a new FECPAKG2 Unit (or other equipment), and shall advise you of any costs associated with such an upgrade.
  12. We may download new Software to and retrieve information from the FECPAKG2 Unit at any time without notice to you.
  13. We shall be under no obligation to continue to provide you with the Services offered under this Agreement should any components of your FECPAKG2 Unit be in a condition that render it no longer workable and/or you are unable to maintain suitable internet access.
6. TERMINATION
  1. We may terminate or temporarily suspend this Agreement and your Service without written notice, if you fail to pay any amount you owe us under this Agreement on the due date, if you breach any other clause of this Agreement, or if we have reasonable grounds to suspect fraud or any other unauthorised activity. Any such termination or suspension will be without prejudice to our other rights and remedies.
  2. You may terminate the Agreement at any time, but will be liable for any outstanding fees owing until the completion of the subscription Term.
  3. On termination of this Agreement you must immediately pay us all amounts owing, including any liquidated damages payable under this clause 6.
  4. Your obligations under this Agreement will survive for our benefit.
  5. We may, at our sole discretion, make an offer to purchase back your FECPAKG2 Unit upon termination, but we will be under no obligation to do so.
7. USE OF INFORMATION
  1. We reserve the right to use information collected via the FECPAKG2 system in any form, but we shall not release your name in relation to such information without your prior written consent.
8. MENIXIS AGREEMENT
  1. By signing this Agreement, You agree to be a Sub-licensee under the Licensee agreement between Menixis and Us (as Licensee) and abide by any of the conditions of the License Agreement applicable to You as a Sub-licensee, and You acknowledge that We can only provide You with this Service if you agree to this (please contact Us if your require further clarification of these conditions).
  2. We are not able to offer You the Service if actions from either You or Us breach our License agreement with Menixis, the consequences of which may result in either Our License agreement with Menixis being terminated and/or Our agreement with You having to be terminated.
9. GENERAL
  1. The Terms and Conditions of this Agreement will be governed by the Laws of New Zealand.
  2. You will be liable to pay all our costs and expenses (including legal costs) in enforcing these terms and conditions.
  • 1. DELIVERY & RISK
  • 1.1. Unless otherwise stated in writing, all times quoted for delivery are estimates only and TECHION GROUP shall not be liable for any loss or damage direct or consequential arising from failure to deliver on anticipated or estimated date for delivery.
  • 1.2. The Customer shall not be relieved of any obligation to accept or pay for services or goods by reason of any delay in delivery or performance by TECHION GROUP.
  • 2. DRAWINGS & SPECIFICATIONS
  • 2.1. All intellectual property (such as patentable inventions, non patentable processes or know how, data, design, copyright, trade-marks and the like) held by or created by TECHION GROUP, shall belong to TECHION GROUP, unless otherwise agreed in writing between the parties involved.
  • 3. ADDITIONAL COST
  • 3.1. In the event of TECHION GROUP incurring additional cost by reason of the Customer failing to give TECHION GROUP sufficient information and/or samples pertaining to the delivery of the goods or services, the service price may be increased at the option of TECHION GROUP.
  • 4. PUBLICATION
  • 4.1. TECHION GROUP may publicise the service results in a generalised version but shall not make reference to the name, trade-marks or trade names of the Customer.
  • 4.2. In the event of Customer publishing an extract from any report or any other results provided by Techion Group, which it shall be entitled to do with the prior written consent of TECHION GROUP, Customer shall use its best endeavours to ensure that such extract fairly and reasonably reflects that report or results as a whole and is not misleading or deceptive in any way and that such extract is stated to be an extract only and does not purport to be the full report or Results (as the case may be).
  • 4.3. Customer shall not use or make reference to Techion Group brands and/or trademarks/names in any publication whatsoever, without the prior written consent of Techion Group

General FECPAK / SPORPAK / Technology Pack

  • 1. TECHNOLOGY PACK
  • 1.1. Equipment purchased from TECHION GROUP cannot be sold on, reproduced or used for the commercial purposes of providing faecal egg counting services, without prior written permission from TECHION GROUP.
  • 2. PUBLICATIONS
  • 2.1. Where an evaluation of the FECPAK/SPORPAK system is undertaken using FECPAK/SPORPAK equipment, a copy of the evaluation report/paper will be submitted to TECHION GROUP or its in-market representative, 6 weeks before publication.
  • 2.2. TECHION GROUP reserves the right at its absolute sole discretion to instruct the customer to correct any errors and/or inconsistences in the publication and customer agrees to make such corrections without question prior to publication.
  • 2.3. Customer shall indemnify TECHION GROUP and hold harmless against any and all liabilities that may arise from customer making such publications.
  • 2.4. Where the FECPAK/SPORPAK system is used as part of a trial/study but is not an evaluation of the FECPAK/SPORPAK system, then TECHION GROUP will be acknowledged in any publication where applicable.
  • 1. PAYMENT
  • 1.1. Unless otherwise agreed in writing, payment shall be on the 7th day following the date of invoice by TECHION GROUP.
  • 1.2. TECHION GROUP reserves the right to charge interest for late payment, in which case interest shall be payable at the rate of 2% per month on amounts outstanding.
  • 2. DELIVERY & RISK
  • 2.1. Unless otherwise stated in writing, all times quoted for delivery are estimates only and TECHION GROUP shall not be liable for any loss or damage direct or consequential arising from failure to deliver on anticipated or estimated date for delivery.
  • 2.2. The Customer shall not be relieved of any obligation to accept or pay for services or goods by reason of any delay in delivery or performance by TECHION GROUP.
  • 2.3. TECHION GROUP shall not be responsible to Customer for delay or failure in performance of any of the obligations imposed by this Contract, provided such delay or failure has been occasioned by genetic variation, fire, flood, hail, explosion, lightning, windstorm, earthquake, subsidence of soil, failure of machinery or equipment or supply of material, discontinuity in the supply of power, court order, riot, war, strikes, labour disturbances or by any other cause of like or unlike nature in any such case beyond the reasonable control of TECHION GROUP.
  • 3. RESERVATION OF TITLE
  • 3.1. The Customer agrees that:
    • (i) notwithstanding the supply to the Customer of any report, goods or information (“the Goods”) ownership of the Goods is retained by TECHION GROUP until full payment of the Contract Price is made by the Customer to TECHION GROUP; and
    • (ii) Until full payment for the Goods is made by the Customer, the Customer shall store the Goods separate and distinguishable from similar goods owned by the Customer, and in a manner that allows the Goods to be readily identifiable as TECHION GROUP’s property.
  • 4. DRAWINGS & SPECIFICATIONS
  • 4.1. Where TECHION GROUP specifically reserves to itself copyright and/or any other entitlement to any illustrations, drawings, specifications or other materials supplied by or on behalf of TECHION GROUP to the Customer, the Customer may not use, reproduce or communicate the contents thereof to any third party unless authorised in writing to do so by TECHION GROUP. This provision does not apply where the Customer has the purpose of implementing the Contract in respect of which the illustrations, drawings, specifications or materials are supplied. All such illustrations, drawings, specifications and other materials shall be returned to TECHION GROUP upon completion of the Contract, or earlier at TECHION GROUP’s request.
  • 4.2. All intellectual property (such as patentable inventions, non patentable processes or know how, data, design, copyright, trade marks and the like) held by TECHION GROUP at the commencement of the Contract or created by TECHION GROUP as a result of the Contract shall belong to TECHION GROUP, unless otherwise agreed in writing between the parties.
  • 5. PERFORMANCE
  • 5.1. All figures or data supplied by TECHION GROUP with respect to performance are intended to be bona fide reasonable estimates of all the performance which would be expected in service. Except where performance figures are specifically guaranteed in writing by TECHION GROUP to be within stated tolerances, TECHION GROUP accepts no responsibility for failure of any goods or services to meet stated performance figures and any statement as to performance figures whether in writing or otherwise shall not constitute a condition, warranty or representation.
  • 5.2. In the event that TECHION GROUP has specifically guaranteed performance figures, the Customer shall ensure that TECHION GROUP is given all reasonable time and opportunity to make such modifications or adjustments as it considers necessary to ensure that the goods or services comply with the performance warranty, and the parties specifically acknowledge that TECHION GROUP will not be in breach of any warranty as to performance until it shall have been given all reasonable time and opportunity to complete the requisite modifications.
  • 6. LIABILITY
  • 6.1. TECHION GROUP shall not be liable (whether in contract, tort, including negligence, or otherwise) to the Customer for any loss or damage (including but not limited to direct, indirect or consequential loss or damage) arising from the Contract. For the purposes of this clause “indirect or consequential loss or damage” includes loss or reduction of business or profits.
  • 6.2. Without prejudice to clause 6.1, the total aggregate liability (whether in contract, tort, including negligence, or otherwise) of TECHION GROUP for any breach of or other matter arising in relation to the Contract shall not exceed the Contract Price (as described on contract).
  • 6.3. The Customer agrees that where the Contract involves the supply of services or goods of a kind ordinarily acquired for personal, domestic, household use or consumption, it is acquiring those services and/or goods for the purposes of a business and the provisions of the Consumer Guarantees Act 1993 shall not apply to those services or goods or the Contract or these standard terms and conditions of contract.
  • 6.4. The conditions and warranties implied by the Sale of Goods Act 1908 or by common law or otherwise are expressly excluded.
  • 7. INDEMNITY
  • 7.1. The Customer shall indemnify TECHION GROUP and keep TECHION GROUP fully and effectively indemnified against all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings, and actions which TECHION GROUP may sustain or incur or which may be brought or established against it by any person and in any case which arise out of or in relation to the performance by TECHION GROUP of services or delivery of Goods, or by reason of any breach by Customer of any of its obligations under the Contract or any other act or omission of Customer whether or not by reason of any Act, regulation, common law rule, or in equity or otherwise and whether for damages or for other relief.
  • 8. CANCELLATION
  • 8.1. A Customer order accepted by TECHION GROUP shall not be cancelled by the Customer except by agreement in writing upon terms agreed between TECHION GROUP and the Customer including cancellation charges which may be deducted from any advance payments made.
  • 9. ADDITIONAL COST
  • 9.1. In the event of TECHION GROUP incurring additional cost by reason of the Customer failing to give TECHION GROUP sufficient instructions pertaining to the Contract or delivery of the goods or services, then the Contract price may be increased at the option of TECHION GROUP.
  • 9.2 TECHION GROUP will oncharge to the client any and all costs incurred through the process of Certification, this includes, but is not limited to costs for Certification Stickers ($0.22 + GST Ea.) and Certification Letters ($30 + GST per flock) as provided by AgResearch
  • 10. PUBLICATION
  • 10.1. TECHION GROUP may after 12 months publicise the results in a generalised version but shall not make reference to the name, trade marks or trade names of the Customer.
  • 11. GENERAL
  • 11.1. The benefit of the Contract shall not be assigned by the Customer without the prior written consent of TECHION GROUP
  • 11.2. The Contract shall be deemed to have been entered into in New Zealand and shall be governed by the laws of New Zealand
  • 11.3. Any dispute between the parties which has not been settled by full and frank discussion may (after giving thirty days notice) be referred by either party to arbitration in accordance with the provisions of the Arbitration Act 1996 by an arbitrator appointed by the President for the time being of the New Zealand Law Society. Judgment on the award rendered may be entered in any Court having jurisdiction.
  • 11.4. Any waiver by TECHION GROUP of any rights arising from the Contract shall not be construed as a continuing waiver or a waiver of other breaches of the same or other terms of the Contract by Customer. No delay or forbearance by TECHION GROUP shall be construed as a waiver of TECHION GROUP’s rights.
  • 11.5. Nothing in the Contract shall create a partnership or agency between the parties except as expressly provided.
  • 11.6. The Contract sets out the entire agreement and understanding between the parties relating to the subject matter and no modifications or amendments shall be effective unless made in writing and signed by the parties.
  • 11.7. Nothing in the Contract shall prevent TECHION GROUP from providing the same or similar services to any other party.
  • 11.8. In the event of Customer publishing an extract from any report or any other Results, which it shall be entitled to do with the prior written consent of TECHION GROUP, Customer shall use its best endeavours to ensure that such extract fairly and reasonably reflects that report or that Result as a whole and is not misleading or deceptive in any way and that such extract is stated to be an extract only and does not purport to be the full report or Results (as the case may be).
  • 11.9. The Customer authorises SIL (Sheep Improvement Limited) or other parties holding data or information relevant to this agreement to provide it to TECHION GROUP or AgResearch upon request. All costs associated with the provision of the requested data being met by TECHION GROUP and/or AgResearch.
  • 1. Role of all Parties involved
  • 1.1. The “Service Provider” will deliver the equipment, testing services and analysis of the data collected in order to produce a DrenchSmart Report.
  • 1.2. The “Contractor” will deliver the drench products required for assessment. They will also assist in the initial set up of the first sample collection and train the “Customer” to collect the 10 Day samples.
  • 1.3. The “Customer” will provide animals, yards and pens weigh scales, assistance with the initial collection and will be the sole collector of the 10 day post drench samples.
  • 2. Agreement on Drench Selection
  • 2.1. The “Customer”, acknowledges it understands that the selection, it makes overleaf as to which drench options It would like to assess on the property engages the customer in an agreement to complete the work outlined and commitment to any associated costs as outlined by the “Contractor”.
  • 3. Confidentiality of DrenchSmart Results
  • 3.1. “Confidential Information” shall mean all information and documentation, which may be disclosed to, or obtained by one party to the other in relation to this agreement.
  • 3.2. Each party agrees to receive, protect and maintain the Confidential Information in confidence and shall only disclose such information to its directors and employees as shall be absolutely necessary for this agreement, and shall otherwise not misuse it in any way without the other parties’ strict prior written consent. Each party agrees to ensure that any recipient of the Confidential Information is bound by a similar duty of confidentiality as the parties to this agreement.
  • 3.3. Each party shall not disclose any Confidential Information to any third party without the prior written consent of the other party. However, it is agreed that scientific data that does not identify the Customer may be used in any way by Techion Group Limited or third parties for research purposes only.
  • 3.4. The obligations of confidentiality in this agreement shall continue until the Confidential Information enters the public domain (except to breach or default by either party). The obligations of confidentiality shall not apply to Confidential Information which is:
    • a.) already in the public domain,
    • b.) is already in the possession of either party from a source not in breach of confidentiality obligations,
    • c.) is required to be disclosed by law.
  • 4. FECRT (Faecal Egg Count Reduction Tests) Limitations
  • 4.1. The Customer acknowledges that as the services are being applied to biological material that the following limitations may exist
  • 4.2. The DrenchSmart protocol for the starting FEC (Faecal Egg Count) is a minimum of 500 epg (Eggs Per Gram), with a preferred starting FEC of 700-800 epg. While all endeavours are made to have all animals involved with the evaluation at 500 epg or higher, due to natural composite mob FEC distribution some animals or treatment groups may have FEC’s lower than the optimal 500 epg minimum. A starting FEC of 500 epg or higher is required to be able to deliver the DrenchSmart Results with a high level of confidence.
  • 4.3. A Larval Culture involves the hatching of parasite eggs from a sample to identify parasite species present. The Intention is to always identify species where resistance has occurred, however there can be difficulties involved with an egg hatching procedure. As a result it is not always possible to identify the species present.
  • 4.4. Sample collection protocols and equipment have been designed to protect the sample from degradation during collection and transportation. Where equipment or procedures have not been followed, or events beyond the parties control occur, no responsibility can be taken for the sample quality prior to reaching the Techion Laboratory.
  • 4.5. All results are based on the conditions and species present at the time of collection. This evaluation will produce a “moment in time” interpretation. Recommendations are that regular monitoring be an integral part of an on-going parasite management programme.
  • 4.6. The views and interpretations expressed in the DrenchSmart Report are that of Techion Group Limited and are not claimed to be the only interpretation.
  • 1. Role of all Parties involved
  • 1.1. The “Service Provider” will deliver the equipment, testing services and analysis of the data collected in order to produce a DrenchSmart Report.
  • 1.2. The “Contractor” will deliver the drench products required for assessment. They will also assist in the initial set up of the first sample collection and train the “Customer” to collect the 10 Day samples.
  • 1.3. The “Customer” will provide animals, yards and pens, weigh scales, assistance with the initial collection and will be the sole collector of the 10 day post drench samples.
  • 2. Agreement on Drench Selection
  • 2.1. The “Customer”, acknowledges it understands that the selection, it makes overleaf as to which drench options It would like to assess on the property engages the customer in an agreement to complete the work outlined and commitment to any associated costs as outlined by the “Contractor”.
  • 3. Confidentiality of DrenchSmart Results
  • 3.1. “Confidential Information” shall mean all information and documentation, which may be disclosed to, or obtained by one party to the other in relation to this agreement.
  • 3.2. Each party agrees to receive, protect and maintain the Confidential Information in confidence and shall only disclose such information to its directors and employees as shall be absolutely necessary for this agreement, and shall otherwise not misuse it in any way without the other parties’ strict prior written consent. Each party agrees to ensure that any recipient of the Confidential Information is bound by a similar duty of confidentiality as the parties to this agreement.
  • 3.3. Each party shall not disclose any Confidential Information to any third party without the prior written consent of the other party. However, it is agreed that scientific data that does not identify the Customer may be used in any way by Techion Group Limited or third parties for research purposes only.
    3.4. The obligations of confidentiality in this agreement shall continue until the Confidential Information enters the public domain (except to breach or default by either party). The obligations of confidentiality shall not apply to Confidential Information which is:
    • a.) already in the public domain,
    • b.) is already in the possession of either party from a source not in breach of confidentiality obligations,
    • c.) is required to be disclosed by law.
  • 4. FECRT Limitations
  • 4.1. The Customer acknowledges that as the services are being applied to biological material that the following limitations may exist
  • 4.2. The DrenchSmart protocol for the starting FEC (Faecal Egg Count) is a minimum of 100 epg (Eggs Per Gram), with a preferred starting FEC of 150 epg. While all endeavours are made to have all animals involved with the evaluation at 100 epg or higher, due to natural composite mob FEC distribution some animals or treatment groups may have FEC’s lower than the optimal 100 epg minimum. A starting FEC of 100 epg or higher is required to be able to deliver the DrenchSmart Results with a high level of confidence.
  • 4.3. A Larval Culture involves the hatching of parasite eggs in a sample to identify parasite species present. Intention is to always identify species where resistance has occurred, however there can be difficulties involved with an egg hatching procedure. As a result it is not always possible to identify the species present.
  • 4.4. Sample collection protocols and equipment have been designed to protect the sample from degradation during collection and transportation. Where equipment or procedures have not been followed, or events beyond the parties control occur, no responsibility can be taken for the sample quality prior to reaching the Techion Laboratory.
  • 4.5. All results are based on the conditions and species present at the time of collection. This evaluation will produce a “moment in time” interpretation. Recommendations are that regular monitoring be an integral part of an on-going parasite management programme.
  • 4.6. Due to known issues regarding the application of some anthelmintics, only the Oral formulations will be provided with a “drench resistance” status. Where anthelmintics were administered via ‘Pour On’ and/or ‘Injection’ the results will be provided based on the “Kill Result” obtained within the assessment.
  • 4.7. The views and interpretations expressed in the DrenchSmart Report are that of Techion Group Limited and are not claimed to be the only interpretation.
  • 1. TECHION shall provide a TORCH Unit and provide the following services:
    • a. preparation and binding of provided documentation (Full Meeting only)
    • b. providing assistance with meeting setup and support during meeting
    • c. contacting your presenter/facilitator and providing them with a camera/speakers and documentation if required
  • 2. The Client shall pay TECHION the fees and expenses for the Services as indicated below. All amounts payable by the Client shall be paid as previously arranged or if no such arrangement is specified, by 7 days following the furnishing of an invoice by TECHION to the Client. Late payment shall constitute a default, and the Client shall pay default interest on the overdue amounts from the date payment falls due to the date of payment at the rate of 1.5% per month, and in addition the costs of any actions taken by TECHION to recover the debt.
  • Where the agreement has been entered into by an agent (or a person purporting to act as an agent) on behalf of the Client, the agent and Client shall be jointly and severally liable for payment for all fees and expenses due to TECHION under this agreement. Any agreed additional work, disbursement, travel costs, changes or further discussions will be charged as an extra to the stated amount at the agreed rates.

  • 3. TECHION is not liable to the Client for reasonably unforeseen circumstances as below, including but not limited to:
    • a. internet speed
    • b. connection issues/loss of signal
    • c. damage to or loss of Torch unit during transit
    • d. equipment failure during use
    • e. delayed delivery timesTECHION shall not be liable under this Agreement for the Client’s indirect, consequential or special loss, or loss of profit, however arising, whether under contract, in tort, or otherwise.