TERMS AND CONDITIONS
BB KENNELS TERMS AND CONDITIONS – November 11, 2025
OVERVIEW OF TERMS AND CONDITIONS OF BB KENNELS IN REGARD TO THE PURCHASE OF FROZEN SEMEN UNITS OF THE STUD DOG, ‘POWER AND GLORY’.Frozen Semen Vials may not be transferred to any person other than the Purchaser named ta the time of the purchase. Under NSW Fair Trading laws, refund conditions will be null and void if any transfer of the nominated FS Vial of POWER AND GLORY is made without the prior consent and approval of BB Kennels.
Frozen Semen Vials of POWER AND GLORY are not to be relocated from the Veterinary Clinic stated on the Greyhounds Australasia F10 Transfer Form without the prior consent and/or approval of BB Kennels.
Frozen Semen Vials of POWER AND GLORY are only sold for the express purpose of Surgical Implants only. If the FS Vials are used for any other form of mating, BB Kennels are within their rights to refuse compensation or payment of any refund.
Prior to the transfer of Ownership of any POWER AND GLORY FS Vial, full payment must be made to BB Kennels before the F10 Transfer Form is lodged with Greyhounds Australasia. Payment must be made in full (inclusive of any GST to be paid) to the nominated account of the Financial institution of BB Kennels.
If the nominated Breeding Female that the POWER AND GLORY FS Vial is used on fails to conceive following Insemination by an approved Veterinary Practitioner, you must contact BB Kennels within Seven (7) Days of the due date of Whelping. BB Kennels requires a Veterinary Certificate from a registered Veterinary Practitioner if an unsuccessful mating occurs.
Subject to Clause 10.2 of the Terms and Conditions of BB Kennels, in the event that the nominated Breeding Female is under the age of Eight (8) years old and fails to conceive, the Seller will refund the Purchase Price to the Purchaser less an amount of 10% of the price paid.
If the Nominated Breeding Female is older than Eight (8) years at the date of Insemination of the POWER AND GLORY FS Vial and fails to conceive, the Seller will refund the Purchase Price to the Purchaser less an amount of 50% of the price paid
BB KENNELS TERMS AND CONDITIONS FOR PURCHASE OF FROZEN SEMEN UNITS FROM THE REGISTERED STUD DOG, ‘POWER AND GLORY’.1. DEFINITIONS1.1. Definitions1.1.1. BREEDING FEMALE means the female greyhound which the POWER AND GLORY FS Vial are to be surgically implanted.1.1.2. BUYER means the purchaser of the Goods, whose details are set out in the Order Form submitted to BB Kennels.1.1.3. DELIVERY means the date which the Seller lodges the F10 Transfer Application with Greyhounds Australia.1.1.4. GOODS means the POWER AND GLORY Frozen Semen Breeding Unit specified in the Order Form.1.1.5. GREYHOUNDS AUSTRALASIA means Greyhounds Australasia Limited (A.C.N. 106 879 903).1.1.6. POWER AND GLORY means the registered Stud Dog, POWER AND GLORY1.1.7. ORDER CONFIRMATION means the seller’s confirmation of the Buyer’s order.1.1.8. ORDER FORM means the Semen Request Form 1.1.9. PURCHASE PRICE means the amounts payable by the Buyer for the Goods as set out in the Order Confirmation.1.1.10. SELLER means BB KENNELS (ABN 819409 38908) the registered office being at 28 Francis Street, Bringelly NSW, Australia 25561.1.11. STUD DOG means the registered Stud Dog known as POWER AND GLORY which the Frozen Semen has been extracted from and whose details are set out the Order Form.1.1.12. TRANSFER APPLICATION means the Application to Transfer the Ownership of a Frozen Semen Breeding Unit as approved from time to time by Greyhounds Australasia by use of Form F10.2. INTERPRETATION2.1. Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.3. GENERAL3.1. These conditions (which will only be waived in writing signed by the Seller) will prevail over all conditions of the Buyer's order, to the extent of any inconsistency.4. TERMS OF SALE4.1. The Goods and all other products sold by Seller are sold on these terms and conditions.5. BUYERS ORDER5.1. Every order for the Goods must be submitted by the Seller’s Semen Order Form which appears on the POWER AND GLORY website (www.powerandglory.com.au) unless otherwise agreed. Placement of an order by the Buyer signifies acceptance by the Buyer of these terms and conditions.5.2. As soon as reasonably acceptable after receiving the order from the Buyer, the Seller will issue an Order Confirmation to the Buyer containing the relevant particulars of the Buyer’s order, including (but not limited to) the description of the Goods, quantity, the registered Veterinary Facility where the Goods are to be stored, and the agreed Purchase Price. 5.3. The Purchase Price is calculated at the date the Seller issues the Order Confirmation. For the avoidance of doubt, the price payable for the Goods is subject to change until the Order Confirmation is issued. 5.4. The Seller reserves the right to withdraw its Order Confirmation at any time prior to receiving payment of the Purchase Price. 6. PAYMENT6.1. Unless otherwise agreed by the Seller, the Purchase Price is payable by the Buyer prior to the Goods being dispatched to, or as directed by, the Buyer.6.2. Unless otherwise stated, all amounts payable by the Buyer are exclusive of Goods and Services Tax (GST). The recipient (the Buyer) of a taxable supply made under or in respect of the Tax Invoice must pay to the supplier (the Seller), at the time payment for the supply is due, the GST payable in respect of the supply.6.3. Upon payment of the Purchase Price being received in full as cleared funds the Seller will as soon as reasonably practicable thereafter: 6.3.1. dispatch the Goods to, or as directed by, the Buyer;6.3.2. lodge the Transfer Application with Greyhounds Australasia; and6.3.3. issue a Tax Invoice/Receipt to the Buyer.6.4. The obligations of this clause 6 shall survive termination of this agreement.7. DOCUMENTS7.1. The Buyer will do all things and sign all documents required to transfer ownership of the Goods from the Seller to the Buyer, including but not limited to, signing and returning the Greyhounds Australasia F10 Transfer Application to the Seller as soon as reasonably practicably after being requested by the Seller to do so.8. DELIVERY8.1. The delivery times disclosed to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery.8.2. The Seller will not be liable for any loss, damage or delay to the Buyer or its customers arising from late or non-delivery of the Goods.9. LOSS OR DAMAGE IN TRANSIT9.1. The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person).10. GUARANTEE10.1. Subject to clause 10.2, in the event that the Bitch: 10.1.1. is under the age of Eight (8) years and fails to conceive, the Seller will refund the Purchase Price to the Buyer less 10%;10.1.2. is Eight (8) years of age or older at the date of insemination of the FS Vial, and fails to conceive, the seller will refund the Purchase Price less 50%.10.2. The Seller’s obligations set out in clause 10.1 shall only apply and be binding on the Seller where: 10.2.1. the Goods have been surgically implanted in the Bitch: 10.2.1.1. within twelve (12) months of the date of delivery of the Goods; and 10.2.1.2. by a Veterinary Surgeon approved by the Seller from time to time. Details of the Seller’s approved Veterinary Surgeons’ will be provided to the Buyer prior to Delivery; and10.2.2. evidence is provided to the reasonable satisfaction of the Seller demonstrating that the Goods have been surgically implanted in accordance with clause 10.2.1.10.3. Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law are expressly excluded. 10.4. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply or use of the Goods or arising out of the Seller's negligence or in any way.11. CONSUMER GUARANTEES11.1. The Seller's liability for a breach of a condition or warranty implied by the Australian Consumer Law is limited to:11.1.1. in the case of Goods, any one or more of:11.1.1.1. the replacement of the Goods or the supply of equivalent goods;11.1.1.2. the repair of the Goods;11.1.1.3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; and11.1.1.4. the payment of the cost of having the Goods repaired; or11.1.2. in the case of services:11.1.2.1. the supplying of the services again; or11.1.2.2. the payment of the cost of having the services supplied again.12. INDEMNIFICATION OF SUPPLIERS12.1. The Seller's liability is expressly limited to a liability to pay to the purchaser an amount equal to:12.1.1. the cost of replacing the Goods; the cost of obtaining equivalent Goods; or the cost of having the Goods repaired, whichever is the lowest amount RETURNED GOODS12.1 With the exception for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer. The Seller will do so only on terms to be agreed in writing in each individual case.12.2. If the Seller agrees to accept returned Goods from the Buyer under clause 14.1, the Buyer must return the Goods to the Seller’s principal place of business or a nominated Veterinary facility.13. GOODS SOLD13.1. All Goods to be supplied by the Seller to the Buyer are as described on the Order Confirmation issued by the Seller and the description on such Order Confirmation prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer.14. TERMINATION14.1. This agreement will automatically terminate if the Buyer on-sells the Goods in the absence of the Seller’s prior written consent, such consent may be withheld at the Seller’s sole discretion.15. PLACE OF CONTRACT15.1. This agreement dated the Eleventh day of November in the year Two Thousand and Twenty Five (11/11/2025) shall be governed by and construed in accordance with laws in the State of New South Wales in Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.