Page 1

2012 SERVICES


Livestock Improvement Corporation Limited Corner Ruakura and Morrinsville Roads, Newstead, Hamilton 3284, Private Bag 3016, Hamilton 3240 Telephone: +64 7 856 0700. Fax: +64 7 858 2741 Š Copyright Livestock Improvement Corporation Limited 2011. All rights reserved


3 4 5 6 7 9

Contents Chairman’s Message What’s New – MINDA Land & Feed What’s New – MINDA Weights What’s New – MINDA Milk What’s New – Protrack

GENETICS 12 Premier Sires 14 Alpha Nominated 16 KAMAR® Heatmount® Detectors 17 AB Technician Service 18 LIC Low Group Policy 21 DIY Training and Equipment 22 Sire Proving Scheme FARM SYSTEMS 26 MINDA Animal & MINDA Mobile 28 MINDA Land & Feed and Farmkeeper 30 MINDA Milk and Herd Testing 32 MINDA Identification Protrack 36 Protrack GENEMARK 40 GeneMark – Animal Health 42 GeneMark – Parentage Matching PROFESSIONAL ADVICE 46 FarmWise 48 Animal Evaluation CONDITIONS AND SERVICE RULES 52 Condition and Service Rules

2012 SERVICES CATALOGUE

CONTENTS

3


4

CHAIRMAN’S MESSAGE

WHAT’S NEW

STUART BAY

This is the last time I have the honour of introducing an LIC Services Catalogue, because in June 2012 I will stand down as Chairman of the LIC Board. It has been a pleasure, and a privilege, to represent fellow-farmers on the Board of our farmer-owned co-operative. I am proud that, in my time at the Board table, I have seen the organisation move back into farmer hands after being held in trust by the NZ Dairy Board. This was a momentous event in the history of the organisation, and sparked a new era of farmer-led innovation. Our co-operative is in a strong position to invest in new opportunities and deliver so much more for our shareholders in the future; LIC is truly a fantastic farmer owned business. We are not just an AB company, a herd testing company, or a herd records or consulting company — depending on which services you choose to use. A quick perusal through this catalogue shows that we are there, on farm, with you — seeking to increase productivity and profitability in so many ways.

Land, grass, cow, herd, shed, and farm management are all so closely inter-related as essential ingredients of farm profitability. LIC is well positioned to coordinate and integrate datacapture and information solutions for the new generation of farmers, who are becoming increasingly hi-tech in their requirements. It is only through technology at every level (from placid, high-performance cows to shed automation) that one person can milk 1000 cows on their own with 50 to 60 sets of cups. Who knows what the future will bring. What I do know, is that LIC will be there, leading the charge — delivering innovations that ensure New Zealand maintains its edge as one of the best dairying nations in the world. I hope the 2012/2013 season will be productive and profitable for all LIC shareholders and customers.

Stuart Bayy Chairman

LIC Chairman designate Murray King ng of Nelson will assume the chairmanship nship of the LIC Board in June 2012, on the retirement of Stuart Bay.

2012 SERVICES CATALOGUE


WHAT’S NEW MINDA LAND & FEED IT’S THE KEY TO UNLOCKING THE DOOR. While great genetics opens the door to better profits, it’s your pasture that acts as the key. And LIC recognises this. That’s why we’re introducing software we believe could revolutionise the way pasture is managed on your farm. And it all starts with the free* piece of software we’ve dubbed MINDA Land & Feed Basic.

MINDA Land & Feed will not only make it easier to manage your pasture but help you make moreinformed decisions on farm. Like MINDA Milk, MINDA Land & Feed will be web-based, so it promises to improve accessibility of information, including updates. And it’ll allow you to set up access to the software for third parties (for example your staff or your farm consultant) so they too can view your information.

So what does it do? MINDA Land & Feed will allow you to generate feed wedges that identify your feed situation on farm. A feed wedge displays variations between paddocks, ranking them in length, and comparing the situation to your pre-grazing and post-grazing residual targets.

An accurate feed wedge will:

• • • • • •

Influence which paddocks to graze next. Determine whether the correct residuals are being achieved. Act as a prompt on whether to harvest silage or re-grass. Provoke timely decisions on nitrogen application. Help you decide the best time for purchase, or feeding of, supplements. Proactively raise flags for critical decisions (for example, culling or boosting numbers ie. bringing animals home from winter grazing).

The feed wedge will be just one of many Land & Feed tools that will help with pasture management. The next version of MINDA Land & Feed, scheduled for release late 2012 (a chargeable product), will give you even more value with tools such as feed budgets and spring rotation planners.

* The Free version of MINDA Land & Feed Basic is now available through MINDA Home or at www.minda.co.nz.

2012 SERVICES CATALOGUE

WHAT’S NEW

5


WHAT’S NEW

6

WHAT’S NEW

MINDA WEIGHTS Are you one of the many farmers unsure if your young-stock are being reared to their full potential? Recent evidence suggests up to 75% of rising two-year-old heifers may not be reaching their growth potential by their first calving. Consequently, the two-year-olds are at risk of reduced reproduction and production potential.

But a solution is at hand. To better-optimise the performance of some of your most-valuable assets, MINDA Weights provides farmers with the opportunity to measure and manage the liveweight of young stock. Utilising liveweight breeding values (generated from parentage history), MINDA Weights includes a range of tools that provide an overview of current, and past, growth performance by grazing mob and breed. You’ll be able to view trends over time, easily identifying individual animals that would benefit from preferential feeding or health treatment. With functionality that allows simple selection of a range of criteria, the value of weighing young stock will finally be realised for both dairy farmers and their graziers.

2012 SERVICES CATALOGUE


WHAT’S NEW MINDA MILK — FOR HERD TEST RESULTS & ANALYSIS MINDA Milk: Now available from MINDA Home, this web-based reporting tool provides herd testing customers with electronic results that are easy-to-interpret to allow accurate decisions to be made.

MINDA Milk provides: A herd summary (and a summary of multiple herds on one page); specific age group information; and an indication of your best and worst cows, based on production and infection information. Pre-built graphs, trend information, and the ability to compare against previous seasons’ results means trawling through pages of data is a thing of the past. MINDA Milk is available at the touch of a button, and is free to all LIC herd testing customers from their MINDA Home or by visiting www.minda.co.nz. See page 30 for more information.

2012 SERVICES CATALOGUE

WHAT’S NEW

7


WHAT’S NEW

WHAT’S NEW

8

2012 SERVICES CATALOGUE


WHAT’S NEW PROTRACK — YOU ASKED FOR IT. Protrack is at the forefront of farm automation improvements, and soon-tooccur upgrades to Protrack hardware and software promise to take all learnings of past seven years and package them up. This will make life in the dairy and around the farm even easier. Starting with Protrack’s entry-level automated

drafting model, this year we’re changing hardware components to improve performance during times it’s most-needed — at milkings. And we’ve gathered your suggestions about our software and bundled them together — giving practical meaning to the phrase that Protrack Farm Automation is the solution ‘you’ve asked for’.

For example, a new, sleek, user-interface on the Drafter model will soon enable staff notices to be posted and will open the way for farmers to:

• •

create quick drafts;

see real-time confirmation of drafts as they occur.

apply titles/names to draft schedules, and, perhaps most importantly;

STOP PRESS: Protrack will always be at your command. We’ve also developed a Drafting application for iPhones, iPads and iPods that will be due for release with the new generation products. You’ll be able to create quick drafts and scheduled drafts on-the-run, out in the paddock!

Talk to your local Customer Relationship Manager to arrange an overview and demonstration of what the new generation of entry-level automated drafting systems are likely to do for your farm. Alternatively, call 0508 PROTRACK (0508 776 872) to arrange an on farm visit from a local Protrack Solutions Manager.

2012 SERVICES CATALOGUE

WHAT’S NEW

9


GENETICS

11

GENETICS 2012 SERVICES CATALOGUE


12

PREMIER SIRES

GENETICS

THE PREFERRED CHOICE OF THE MAJORITY OF NEW ZEALAND DAIRY FARMERS.

» » » » » »

Boost the genetic merit and value of your herd with a straight forward AB decision. Increase your farm’s efficiency and profitability. Tap in to Daughter Proven or DNA Proven Sires. Get fresh semen straws direct from country’s top bulls, available for wide distribution through the use of long-last-liquid technology. Access DataMATE for easy inbreeding and CVM Management. Choose from three main breeds: Holstein-Friesian, Jersey, and KiwiCross.

Behind any good dairy farming operation is an engine that allows the pasture you grow to be turned into revenue — that engine is your dairy herd. The more efficient your herd, the more profit it generates. Premier Sires exists to fine-tune the genetic engine of your business. When you mate your herd to Premier Sires you can be certain that LIC’s experience and all its breeding expertise has gone into delivering you the very best of today’s sires. Premier Sires makes AB easy — it gives you choice and flexibility all wrapped up with a world-leading technician service. From the moment you milk your Premier Sires herd you’ll know you’ve made the right choice. For more detailed information on the topics covered on these pages see the Premier Sires web pages at: http://www.lic.co.nz/lic_Premier_Sires.cfm.

2012 SERVICES CATALOGUE


GENETICS

13

Daughter Proven semen. Bulls are selected based on a combination of their daughters’ performance (lactation proofs) and their ancestry information. The data allows LIC to estimate a sire’s Breeding Values (BVs), and, ultimately, his Breeding Worth (BW).

DNA Proven semen. DNA Proven bulls are selected according to their DNA (genomic selection). Because DNA samples can be taken and analysed as soon as bull calves are born, BVs and BWs can be assigned immediately. This shortens the genetic interval by three years.

Selection of bulls for the teams. To make a Premier Sires team a bull is firstly considered on his BW and then on his traits other than production (TOP). Traits such as ease of calving and longevity are important criteria, as are protein, udder overall, fertility, and temperament. In July/August LIC will confirm which bulls will be used in the teams. However, before this time, LIC is able to publish potential teams.

Premier Sires delivers the best-value genetics to the market through:

• • • • • • • •

Team concept. Three breeds (for both Daughter Proven and DNA Proven customers). Long last liquid semen, delivered fresh on farm. The biggest network of the most experienced AB technicians in New Zealand. An easy and efficient AB choice. Flexibility — mix and match Daughter Proven and DNA Proven straws, or complement with Alpha Nominated semen. High BW teams provide increased genetic gain on farm. Access to DataMATE to guard against inbreeding and other health risks.

This provides an estimated ‘weighted average’ — see your Customer Relationship Manager today for the expected average BW across all Premier Sires teams in 2012.

2012 SERVICES CATALOGUE


14

ALPHA NOMINATED

GENETICS

MORE OPTIONS, MORE CONTROL, MORE PERFORMANCE.

ALPHA NOMINATED — TAKE CONTROL OF YOUR HERD’S FUTURE.

» » »

Direct access to the best BW bulls LIC has to offer. A wide variety of elite sires to choose from, both Daughter Proven and DNA Proven. Improve specific traits and breed a herd that meets your farm's objectives.

When it comes to genetics, we’re aware that all farmers don’t have the same requirements. That’s where the frozen Alpha Nominated semen product comes to the fore — it gives you the ability to pick and choose from a vast number of top sires. You’ll enhance the performance of your herd by selecting traits specific to your objectives, maximising your chances of healthy profits, without sacrificing BW.

2012 SERVICES CATALOGUE


GENETICS

15

Choose a pak that meets your needs. Frozen straws can be purchased individually or as part of ‘paks’.

DNA Pak

Economy Pak

(30 straws minimum; 10 bulls per pak; equal quantities). Sires available are genomically selected, meaning genetic gain can be fast-tracked by as much as four years.

(30 straws minimum, 3 bulls per pak; equal quantities). Provides access to sires of high genetic worth so steady strides in BW can be maintained while keeping a lid on the farm budget.

Classic Pak

Ayrshire Pak

(30 straws minimum; 3 to 5 bulls per pak; equal quantities). Sires are Daughter Proven, meaning they have high BW and excellent reliability.

(20 straws minimum, 3 bulls per pak; equal quantities). Get some red in your shed with LIC’s selection of Proven and Young Ayrshires to choose from.

Smart Pak (30 straws minimum; 10 bulls minimum – 5 Daughter Proven and 5 DNA Proven; equal quantities of each bull). Combine Daughter and DNA Proven selection processes to get the best of both worlds.

Alpha also offers a range of beef and short gestation bulls. A variety of top BW bulls can be purchased in sexed semen. * See this year’s Alpha Nominated catalogue, due out early April 2012, for more details.

For more detailed information on the topics covered on these pages see the Alpha Nominated web pages at http://www.lic_Alpha.cfm

Customate & Customate Plus By using Alpha Nominated, you can implement a breeding plan that is capable of producing the optimum herd for your farm. Your Customer Relationship Manager can use Customate or Customate Plus to prioritise desired traits. At no cost, Customate will sort through data of progeny-tested and DNA selected bulls (of numerous AB companies) to rank every bull based on your requirements. If you’d like to go a step further, Customate Plus will check both sire and dam information to achieve calves that will make the best gains according to your criteria. You will be provided with a report detailing two optimal matings per cow. The Customate Plus program is chargeable, and provides inbreeding and Complex Vertebrae Malformation protection.

2012 SERVICES CATALOGUE


16

KAMAR HEATMOUNT DETECTORS

GENETICS

FOR SIMPLE, ACCURATE, AND EFFICIENT HEAT DETECTION.

» »

Round-the-clock identification of standing heats.

» » »

Increase your chances of a more condensed calving.

»

Reduce staff stress, and take the guesswork out of heat detection.

Clear and easy interpretation — inseminate at the first opportunity. Get more cows in calf and more days in milk. Improve the overall management of your mating programme.

Used on farm as far back as 1960, KAMAR Heatmount Detectors (KAMARs) have a proven track record and are seen as the most consistent and reliable form of heat detection aid. KAMARs are among the first practical steps in reaching above-average herd reproductive performance. A single percentage improvement in heat detection will result in the aids paying for themselves. The detectors are available in two colours, red and blue, to enable easy differentiation between AB rounds.

For more detailed information on the topics covered on this page see the Kamar web pages at: http://www.lic.co.nz/lic_KAMAR.cfm

2012 SERVICES CATALOGUE


AB TECHNICIAN SERVICE 17 GENETICS

QUALIFIED, SKILLED PROFESSIONALS FOR A FIRST-CLASS AB RESULT.

Your AB Technician will:

» » » »

Reduce the stress you and your staff go through during mating. Transport and handle the semen you have ordered. Complete mating details. Upload mating information through DataMATE.

LIC’s team of certified AB Technicians have been specially trained to adhere to strict hygiene standards and careful handling of semen. The team’s well-practiced insemination techniques promise to set up herds for high conception rates. The AB supervision network and performance monitoring ensure standards are maintained. If a technician clearly fails to meet LIC’s minimum conception rate benchmarks, we have safeguards in place

and support will be offered to get calving ‘back on track’. (See Low Group Policy page 18-20). When you use LIC’s AB Technician Service, you gain exclusive access to DataMATE, which eliminates the hassle and risk associated with data recording, data transfer, and data-entry. DataMATE also contains an in-built system to warn against inbreeding and Complex Vertebrae Malformation.

For more detailed information on the topics covered on this page see the AB Technician web pages at: http://www.lic.co.nz/lic_AB_Tech_Service.cfm

2012 SERVICES CATALOGUE


GENETICS

18

LIC’S LOW GROUP POLICY WE STAND BY OUR TRAINING. WE STAND BY OUR STAFF. WE STAND BY YOU.

It's true that our AB Technician training and development programme is second-to-none, but it doesn’t stop there: Our supervision network and rigorous performance monitoring set the highest possible standards. However we’ve been around long enough to know that human error can occur — and LIC is mindful that a successful mating season is a shared responsibility. Should one of our technicians clearly fail to meet LIC’s minimum conception rate benchmark (which takes into account your district’s average as well as a range of possible contributing factors), we’ll support you to get your calving ‘back on track’. We call this gesture of goodwill our ‘Low Group Policy’. It goes beyond what we’re legally bound to provide — but then again, that’s one of the great advantages of belonging to a farmer-owned cooperative.

The Low Group Policy may include financial assistance, backed up by our FarmWise Consultants and Reproduction Specialists. Principles

• •

LIC makes every effort to provide a skilled AB technician workforce, and we undertake to closely monitor performance at all times. To get the best possible results from an AB Technician, farmers should ensure their cows are healthy and in good condition, (condition score 5 or better), are on heat, and that high submission rates are being achieved. To be most effective, the AB Technician needs a clean, safe and comfortable environment to work in.

2012 SERVICES CATALOGUE

What is a Low Group?

• •

LIC defines a ‘Low Group’ as an AB Group with an 18-24 day Non Return Rate (NRR) that is 15 percent (or greater) below the district average (NB: for a group to qualify it must have a minimum of 200 qualifying inseminations). The ‘AB Group NRR’ is the combined result of all herds assigned to the group. The ‘district average NRR’ is the combined results from all herds assigned to that district (typically 8 to 15 AB Groups).


LIC’S LOW GROUP POLICY

The NRR calculation is based on the number of animals that did not return within 18-24 day of their first AB mating. Synchronised animals and yearlings are excluded from the NRR calculation.

How will I know if my herd is part of a ‘Low Group’? If the AB Technician for your AB Group is withdrawn and we have concerns about NRR, your Customer Relationship Manager (CRM) will advise you. You are encouraged to continue AB for longer to ensure that enough AB replacements are generated, and to collect more NRR data. If you are unable or unwilling to do so you will be asked to record natural matings. In this situation, it is in the farmer’s best interests to maintain accurate records, as this will ensure as many animals as possible are part of any NRR calculation. In instances in which there are concerns, your Regional AB Manager will analyse the mating records for the herds in your group, and calculate herd and group 18-24 day NRR. This cannot happen until all mating records are finalised for your group, so it may be up to two months before results are available. Your Regional AB Manager may also consider a number of other matters, including any possible on-farm contributing factors. Your CRM will advise you of the outcome of the analysis, and details of any assistance that we may offer to provide.

What happens if I am offered Low Group assistance? Assistance is based on the number of qualifying inseminations (that did not result in conception) that would have otherwise resulted in a pregnancy, had your herd NRR been equal to the District Average. The 'Calculation' section overleaf details the calculation used. You have the option of receiving assistance either as a one-off payment deposited to your nominated bank account or as a credit on your LIC account. In addition, one of LIC’s Reproduction Specialists may be assigned to work with you and your Customer Relationship Manager to help you mitigate the long-term effects on your herd. You may also be offered the services of a FarmWise Consultant for four half-day sessions, free of charge (not redeemable as a payment or credit).

LIC offers its Low Group Policy because it has an outstanding AB Technician Service.

• • •

LIC AB Technicians are trained and certified. LIC AB Technicians are supervised and undergo regular checkups. LIC’s sophisticated systems, including DataMATE, allow close monitoring of technician performance.

The per-cow rate for the 2011/2012 season is $188. The rate for the 2012/13 season will be published on the LIC Website in September 2012. See http://www.lic.co.nz/lic_AB_Tech_Service.cfm

2012 SERVICES CATALOGUE

GENETICS

19


GENETICS

20

LIC’S LOW GROUP POLICY LIC HAS A HIGH DEGREE OF CONFIDENCE IN THE SKILL SET AND SERVICE OFFERED BY ITS AB TECHNICIANS: THIS IS WHAT ALLOWS THE COOPERATIVE TO HAVE A LOW GROUP POLICY.

CALCULATION

Example

Should we offer Low Group assistance, the following calculation is used to determine any payment:

• • • • • •

Calculation definitions I = number of Inseminations in the customer’s herd by the technician. EX = any Exclusion (e.g. yearlings, short returns) QA = number of Qualifying Animals for individual herd payment calculation DA = The District Average percentage – Used to obtain the number of cows that wouldn’t have returned in the customer’s herd had the customer’s NRR been equal to the District Average NR = Herd Raw 18-24 day Non Return Rate [$#] = Per cow payment Y = Total ($) amount payable by LIC to the customer

2012 SERVICES CATALOGUE

(I - EX) x (DA - NR) x [$#] = Y I = 425 EX = 50 QA = 375 DA = 72% NR = 55% [$#] = $188

((425–50) x (72%-55%)) x $188 = $11,985

Qualifications The Low Group Policy is approved by the LIC Board. Any offer is made ‘without prejudice’, at LIC’s sole discretion and is solely a gesture of goodwill, which must not be construed as any form of compensation. Use of the LIC AB Technician service remains subject to LIC’s standard Conditions and Service Rules, in particular Part B, Rules 3, 4 and 49 to 60.


DIY TRAINING AND EQUIPMENT

21

Training

Equipment

Get it right first time by enrolling in LIC’s course in artificial insemination. With training taking place at selected meat processing plants throughout the country, minimising travel for participants, scores of people sign up for the course each year.

LIC’s range of insemination equipment is designed to meet the needs of farmers who elect the do-ityourself (DIY) option. It is recommended DIY farmers use clear tip sheaths in conjunction with the GGI Inseminator (since they can be used for inseminating all semen types). If, however, you have supplies of other inseminator brands or pistolettes, LIC can supply green-tip universal sheaths.

The course is highly practical and participants receive comprehensive instruction on all matters related to correct insemination technique. This includes the storage and loading of long-last liquid semen (LLL) and the storage, thawing, and safe handling of frozen semen and deep freeze banks. Note: Deep freeze banks are potentially hazardous and require safe handling and secure storage (within seconds escaping liquid nitrogen from a semen bank can cause asphyxiation, and can cause severe frostbite with irreversible death of body tissue to areas such as skin, eyes, fingers, or limbs).

A selection of used DIY banks for sale can be sourced through LIC, or farmers can choose to lease deep freeze banks (LIC does not supply new banks). Choose your deep freeze bank and add the ‘special offer starter inseminator kit’, which includes insemination case (plastic); 2 x GGI inseminators; 4 packets of clear tip sheaths; 1 packet of gloves; 2 packets of insemination wipes; and 1 bottle of lubricant. See your Customer Relationship Manager to discuss your needs or to place an order.

LIC’S DIY ARTIFICIAL INSEMINATION TRAINING MEETS THE STANDARDS SET BY THE NEW ZEALAND QUALIFICATIONS AUTHORITY.

2012 SERVICES CATALOGUE

GENETICS

THE BEST AVAILABLE COURSE, THE BEST AVAILABLE EQUIPMENT.


22

SIRE PROVING SCHEME

GENETICS

(SPS) – TOMORROW’S GENETICS TODAY

Thanks to the emergence of genomic selection technology, LIC’s Sire Proving Scheme (SPS) will see 160 bulls (70 Holstein-Friesian, 45 Jersey, and 45 KiwiCross™) progeny tested in 2012.

The bulls progeny tested will be sourced from:

» » »

contract matings, agreed to with the owner before mating; approaches to owners of in-calf cows, made prior to calving, and; offers, made by owners to LIC after calving.

Contract cows are selected from across New Zealand. Selection is based on, but not limited to, high genetic merit; recorded ancestry; regular herd testing; and passing stringent inspections for traits other than production (TOP). Contract cows are mated to a selection of the highest genetic merit bulls available in New Zealand. Once the young bulls are born, a tissue sample is collected. DNA is then extracted and screened overseas across a 50,000-strong single nucleotide polymorphism (SNP) panel. Genomic Breeding Values (BVs) are then calculated for all traits important to New Zealand dairy farmers. The Genomic Breeding Values are used to select a short-listed group of 200 young bulls for further inspection (from more than 2000 screened). From this group, 185 will be purchased, and 160 progeny tested. All bull calves considered for purchase undergo an extensive range of checks before acceptance, including physical inspection, disease testing, parentage verification, and genetic screening for defects such as CVM and BLAD.

2012 SERVICES CATALOGUE

Enough semen is taken from each yearling SPS bull to generate a targeted 70 daughters. The daughters will be distributed throughout New Zealand to a wide range of environments and management systems (to represent a cross section of herds). The highest genetic merit SPS bulls will be considered for use in contract mating, LIC’s Premier Sires DNA Proven teams, Alpha Nominated, and export markets.

The Sire Proving Scheme is important because it:

• • •

Captures sufficient information to ensure a continuing supply of bulls for farmers who prefer to select bulls using conventional daughter-based evaluations. Maintains a high standard of data (necessary for genomic selection evaluation to be continuously validated and enhanced). Requires farmers to report calf defects or daughter trait comments, and a calving difficulty for all calvings.


GENETICS

23

What it takes to be an SPS farmer — and what you get in return: The aim of the SPS is to accurately progeny test bulls by achieving a target number of daughters per bull being milked as two-year-olds. Information collected from SPS farmers makes an enormous contribution to New Zealand dairying by providing the information required to accurately select Daughter and DNAProven bulls for use across the industry. We need the help of farmers who offer LIC at least 90% of their herd for mating to the progeny test Holstein-Friesian, KiwiCross™ and Jersey bulls.

Beside Herd Testing four times a year, SPS members have the following attributes: A stable herd owner committed to the industry, a keen interest in record keeping, a long-term commitment to the scheme, an interest in breeding, the ability to milk twice a day, good organisation skills, and the ability to rear contracted numbers of replacements to target weights. Most SPS herds are average in size, but some are as large as 700. SPS members have a wide variety of farming operations: Seasonal, ranging from predominantly pasture, to pasture plus moderate supplementation. SPS farmers benefit from, and enjoy participating in, shaping the future of the dairy industry.

In return, farmers receive low cost AB (including LIC’s Technician Service), a per heifer payment (frequently covering herd test costs), extra information (such as heifer TOP data information and liveweights), and an early chance to use new genetics (DNA proven). SPS members can access member-only web pages from within the LIC website which features the SPS Catalogue, SPS rules and obligations, recent SPS newsletters, reference material, and forms for calf defects and daughter trait comments. These pages also have a ‘Stock for Sale board’ for SPS members wanting to buy or sell SPS heifers.

Short Gestation Length programme: The Short Gestation Length breeding programme is separate to the SPS, and operates specifically to develop bulls capable of reducing a cow’s gestation period. BW is not included as a selection criterion for these bulls. The Gestation Length Proving Scheme (GLPS) aims to annually sample up to 30 bulls. The best emerging bulls will condense calving patterns, giving farmers the opportunity to achieve greater days-in-milk. For more detailed information on the topics covered on these pages see the SPS web pages at http://www.lic.co.nz/lic_Artificial_Breeding.cfm?lid=7

MEMBERS PRODUCE AT OR ABOVE THE NATIONAL AVERAGE. 2012 SERVICES CATALOGUE


2012 SERVICES CATALOGUE


FARM SYSTEMS

25

FARM SYSTEMS 2012 SERVICES CATALOGUE


MINDA ANIMAL & MINDA MOBILE

26 FARM SYSTEMS

MORE POWER AND MORE CONTROL THAN EVER.

With more than 10,000 users, MINDA is New Zealand’s leading recording system for dairy animals. Used in conjunction with Herd Testing and Artificial Breeding, MINDA provides unparalleled farm management reporting to New Zealand’s dairy farmers. Through MINDA, farmers can take total control of every aspect of their farm’s operation. MINDA Home provides a base for viewing customisable dashboard indicators, and links with MINDApro – the software that enables event entry, group management, and the production of easy-to-read reports. The reports provide standard information and tailor-made, farm-specific, analysis. Optimise the performance of your herd and farm today by accessing MINDA.

» »

Arm yourself with the ability to record all animal data in one central, organised place.

»

• •

Get access up-to-date reports from MINDA:

• • • •

Herd Test results and analysis. Day to day herd management reports (such as the herd profile, culling guide, dry off guide, BW lists, OAD index and liveweights). Reproduction reports (mating and expected calving). Health reports (dry off treatment guide, animal health status).

Order supplementary reports from the LIC Contact Centre: Dairy sale reports. 3GPs, health detail forms, animal status declarations.

» »

Eliminate data recording duplication.

»

Access a knowledgeable and practical Field Assist service* to help update records.

Receive comprehensive software support from LIC’s Contact Centre.

*Please note: Charges apply for this service.

2012 SERVICES CATALOGUE


MINDApro is MINDA’s electronic product where

MINDA Mobile makes MINDA much more

entire herd and animal details are at the farmer’s fingertips, including animal evaluation indexes and production information. Through MINDApro farmers can view a number of pre-built reports, and can build customised reports relevant to their own herd and operation.

than a desk-based system. The portable device and MINDA software allows for swift event recording and data entry on-the-go, as well as instantaneous viewing of individual animal information. MINDA Mobile takes advantage of touchscreen technology to allow for straight-forward, intuitive navigation. MINDA Mobile also allows drafting groups to be sent to Protrack (via MINDApro).

For more detailed information on the topics covered on these pages see the MINDA web pages at http://www.lic.co.nz/lic_MINDA.cfm

MINDA MOBILE PROVIDES THE ABILITY TO RECORD ELECTRONIC ID TAGS BY CONNECTING WITH THE ALLFLEX AND GALLAGHER EID STICK READERS.

2012 SERVICES CATALOGUE

FARM SYSTEMS

27


28

MINDA LAND & FEED AND FARMKEEPER

FARM SYSTEMS

SMART PASTURE MANAGEMENT.

»

Record pasture covers and produce a feed wedge for better pasture utilisation and paddock management.

»

Plan and monitor your farm’s feed position and gain insight to paddock performance over time.

»

Bring the farm to life with your farm map.

MINDA Land & Feed Traditionally MINDA Animal software has delivered unrivalled information about individual animals and herds to help our New Zealand farmers achieve farm productivity gains. Animals are an essential part of the productivity equation; so too is pasture and feed management practices.

New to MINDA in 2012 is MINDA Land & Feed Basic: A simple, easy to use, and free-of-charge web-based feed wedge that will aid in pasture utilisation decision making. All you need to do is record paddock pasture covers, and MINDA Land & Feed Basic will help to inform you of the current feed position. Being a webbased software tool, users can access this important farm information anywhere, anytime, anyplace.

MINDA Land & Feed Pro will be delivered later in 2012. MINDA users will get the necessary web-based tools to record on farm events such as fertiliser applications and the recording of supplementary feed as it gets used. In addition, it has feed budgeting capabilities, and offers paddock performance rankings and planning of grazing activity.

Further enhancements of MINDA can also be expected with MINDA Map: Providing the capability to produce a farm map so you can draw paddocks, gain accurate information on effective grazing areas, and record farm infrastructure. Integrated with MINDA Land & Feed Pro, MINDA Map will also provide capability to link with essential farm equipment such as the C-Dax pasture meter and spreader for ride trails, along with TracMap GPS accurate proof of placement.

For farmers who want to gain more information about their farm’s pasture and feed position,

Visit www.minda.co.nz to use MINDA Land & Feed Basic – FREE.

2012 SERVICES CATALOGUE


FARM SYSTEMS

29

FarmKeeper LIC currently offers FarmKeeper pasture management and mapping software. FarmKeeper provides tools to quickly and easily map, record, analyse, and plan your farming activities. Download the free 30-day trial version of FarmKeeper software on www.farmkeeper.com to see for yourself the value of pasture and feed management.

FarmKeeper & C-Dax C-Dax Smart Control can enhance on-farm efficiencies through accurate fertiliser use and increased pasture utilisation. Using FarmKeeper and C-Dax Smart Control together means you will get consistent pasture cover information and accurate application records, which can be transformed into useful budgets and reports to make your planning and decision making easier.

FarmKeeper & TracMap FarmKeeper and TracMap make a powerful combination in gaining farm efficiencies through precise measurement of fertiliser and other product uses. TracMap makes recording of these product applications in FarmKeeper a breeze. You will gain accurate reports and summaries that smooth the way toward sound planning and decision making. MINDA Land & Feed Pro and MINDA Map will be launched later in 2012 as web-based software tools that will be the improved, replacement versions of FarmKeeper desktop PC software.

For more information on MINDA Land & Feed see http://www.lic.co.nz/lic_MINDA.cfm For more information on FarmKeeper see http://www.lic.co.nz/lic_FarmKeeper.cfm

2012 SERVICES CATALOGUE


30

MINDA MILK AND HERD TESTING

FARM SYSTEMS

MAXIMUM PRODUCTIVITY CONTROL.

» » » » » »

Make critical animal and herd management decisions with confidence. Access herd test results on the web through MINDA Milk. Confirm your best and worst producers. Boost PW and BW by culling the right animals. Improve the health of your cows. Respond with appropriate feed management (eg: preferentially feed high producers; dry-off low producers early).

Invest in correct decisions — put your money in to the right animals. Herd Testing identifies high and low producing animals. It will give you a picture of trends on your farm and will compare your results with others in your region (and across the country). Herd Testing can also help identify cows that would perform better on once-a-day (ie. low SCC and high volume), and highlights animals with high somatic cell counts (SCC) for treatment or culling. If you herd test four times a year, you’ll qualify for a loyalty discount.

MINDA Milk: Now available from MINDA Home, this web-based reporting tool provides herd testing customers with easy-to-interpret results, smoothing the way for accurate decision making. MINDA Milk provides: a herd summary (or a summary of multiple herds on one page); specific age group information, and; an indication of your best and worst cows based on production and infection information. Pre-built graphs, trend information, and the ability to compare against previous seasons’ results makes the chore of trawling through pages of data a thing of the past. MINDA Milk is available at the touch of a button and is free to all LIC herd testing customers from MINDA Home, or by visiting www.minda.co.nz

For more detailed information on the topics covered on these pages see the Herd Test web pages at http://www.lic.co.nz/lic_Herd_Testing.cfm

2012 SERVICES CATALOGUE


FARM SYSTEMS

31

a Single Test over a Classic Test, but generally this does not affect within-herd animal rankings (ie. your top animals will still be ranked top, and bottom performers will still rank lowest).

Your Herd Testing options: Information from your herd test feeds MINDA the production and health information needed to calculate Animal Evaluation indexes and create your MINDA management reports.

You can choose between various methods of herd testing:

Number of tests — Four or more tests provides year-round information and is ideal for making the most accurate culling, treating, breeding, and herd management decisions. Reliability of BW/PW indices will be robust so you can be confident that results are a true reflection of your herd. Classic Test — A herd test technician will assemble sampling equipment ready for you to collect samples at the evening and morning milkings. Within days you will receive your herd test results lab strip and will be able to access your results in MINDA Milk, via MINDA Home, or by visiting www.minda.co.nz Single Test — The same procedure as the Classic Test but samples are taken from only one milking. This halves the time spent herd testing, significantly reducing disruption and stress. A small trade off in reliability (approximately 5-10%) is made when choosing

• •

Somatic Cell Only Test — Ideal for farmers who know they have a SCC problem but don’t have their herd records up-to-date to qualify for a full Herd Test. Assist — LIC can provide an Assist Technician to help with sampling and washing up at the end of the Herd Test. EZ Link — A barcode scanner that eliminates the need to write tag numbers on the sides of herd test flasks. Flasks have barcodes, meaning these can be scanned as cow numbers get entered in to the EZ Link handheld device. EZ Link cuts down on errors and saves time. EZ Link EID — Utlilises EID tags and removes the need to read management tag numbers. Farmers simply scan an EID tag and scan a flask.

IF YOU HERD TEST FOUR TIMES A SEASON, YOU’LL QUALIFY FOR A LOYALTY DISCOUNT. 2012 SERVICES CATALOGUE


32

MINDA IDENTIFICATION

FARM SYSTEMS

MORE POWER AND MORE CONTROL THAN EVER.

»

Whether your tagging needs are management based or regulatory, LIC has the product for you.

»

LIC offers a full range of official NAIT approved EID tags — from NAIT compliant birth packs through to cow management and unassigned EID tags.

»

EID devices are a must for customers considering farm automation technology (for example, Protrack or EZ Link Herd Testing).

»

An extensive range of management (cow) tags at competitive prices is offered: choose from one of our two suppliers — Allflex or Zee Tags.

2012 SERVICES CATALOGUE


FARM SYSTEMS

33

NAIT LIC’s role as an accredited information provider* means we’re able to help take the hassle out of NAIT compliance.

From 1 July 2012*, NAIT requires that you:

• • • •

Tag all animals moving off farm with a NAIT-approved EID tag. Register with NAIT to get your NAIT number. Register your animals with NAIT.

NAIT Ready

Record all off-farm movements of animals.

Need help getting your animals tagged or herd records sorted? LIC have just the solution.

We’re making changes to MINDA so, with your permission, we can share relevant information with NAIT — meaning you only have to record information once.

All you need to do is:

• • • • •

Opt in to use LIC as your NAIT information provider. Provide us with your NAIT number. Ensure all animals are listed in MINDA. EID-tag animals moving off farm and assign the EID numbers in your MINDA records. Record all animal movements in MINDA within 48 hours of the movement occurring.

Our Field Assists can help you with tagging animals, allocating EIDs, resolving MINDA queries, straightening up cow numbers, and auditing herd records. We can help you get your records in order so that NAIT compliance is a breeze. And having accurate records has many added benefits, including the opportunity to get increased value from MINDA reports, herd testing results, and genetic improvements in your herd. For more detailed information on the topics covered on this page see the MINDA Identification web pages at http://www.lic.co.nz/lic_Tags.cfm * Pending legislation

Ordering tags Phone: 0800 2 MINDA (0800 264 632). Visit: http://www.lic.co.nz, login to Member Services and select Order Tags. Email: minda@lic.co.nz or contact your local Customer Relationship Manager. Please note that a NAIT-imposed levy/royalty will apply on the production and sale of all NAIT-approved tags. Such a levy/royalty will be charged direct to and collected from the tag manufacturer but will ultimately be reflected in the tag's retail price. 2012 SERVICES CATALOGUE


2012 SERVICES CATALOGUE


PROTRACK

35

PROTRACK 2012 SERVICES CATALOGUE


36

PROTRACK

PROTRACK

YOU ASKED FOR IT.

» » » » » »

Draft animals automatically. Monitor individual cow performance. Record animal events once, and it’s done. Ease pressure on yourself and your staff. Apply targeted feeding in the shed. Rest easy that Protrack seamlessly integrates with peripheral measurement devices.

Protrack helps hundreds of progressive dairy farmers work even smarter. Whether you’re after a straight-forward automated drafting system or full automation within the dairy, Protrack is at your command. Fully compatible with MINDApro, Protrack simplifies herd management to make your operation run faster, sleeker, and more profitably. When it comes to peak activity periods, the system will come into its own: Calve, mate, dry off, cull, treat, draft, feed — Protrack looks after the lot.

For more detailed information on the topics covered on these pages see the Protrack web page at: http://www.lic.co.nz/lic_Protrack.cfm.

2012 SERVICES CATALOGUE


Protrack Vantage (rotary)

Protrack EZ Heat

Full automation for rotary systems, Vantage identifies each animal as it enters the platform by reading an electronic tag in the cow’s right ear. Cow-to-bail technology displays relevant information about the animal at either cups on or cups off, and touchscreens allow data to be instantly entered and recorded as events/observations happen. Protrack Vantage fully integrates with MINDApro and peripheral measurement devices.

Assisted heat detection that makes pre-mating and mating easy. A high-tech camera sits above the platform monitoring heat patches, automatically sending information to Protrack. When an activated or missing heat patch is detected, the relevant cow will be automatically drafted ready for AI or for closer inspection. Real-time reports such as submission rates against target can be produced.

Protrack Vector (herringbone or rotary) Individual and group drafts are selected using a touch-screen (or through MINDApro). Drafts are pre-determined by criteria such as ‘draft reason’, for example, treatment cow, or ‘draft on one or more or alternative days’ (now or in future). Vector will identify cows by reading the electronic ear tag as it approaches the gate, activating it left, right, or straight-ahead.

Integration with the best Protrack units are specifically designed to connect with dairy equipment produced by other leading farm automation manufacturers including Gallaghers (walk over weighers) and Waikato Milking Systems (SmartD-TECT).

Protrack Drafter (herringbone or rotary) Equipped with a touchscreen or keyboard, this entry level automation option model operates independently of MINDA and can be operated with even the most basic understanding of computers. Electronic ear tags will activate the drafting gate in the chosen direction.

2012 SERVICES CATALOGUE

PROTRACK

37


GENEMARK

39

GENEMARK


40

GENEMARK ANIMAL HEALTH

GENEMARK

MONITORING BVD

» » » »

Manage BVD within your herd. Remove persistently infected BVD animals from your herd. Test incoming animals and keep diseases out of your farm gate. Take the hassle out of sampling.

Bovine Viral Diarrhoea (BVD) need not affect your farm, your animals or your production. GeneMark’s Animal Health laboratory specifically operates to protect some of your biggest assets and investments, as well as your livelihood. Managing BVD involves the identification of persistently infected (PI) disease carriers so they can be immediately removed. Our comprehensive tests allow farmers to rest easy, knowing their animals are being monitored using the best science available, and that potential problems will be flagged at every opportunity.

2012 SERVICES CATALOGUE


GENEMARK

41

BVD Monitoring Pack. Two tests, performed on three vat samples from your herd, combine to identify potential problems. The antibody ELISA test highlights the herd’s BVD exposure level (ie. resulting from contact with disease-carrying animals). The PCR test will confirm whether a milking cow in the herd is a BVD disease carrier. Two tests are carried out before mating and provide greater certainty than a single test. A third exposure test is carried out late in the milking season (February to May). Tests are conducted on the herd’s vat milk sample, which is delivered to GeneMark (collected by the dairy company).

Steps to identify the presence of, and eliminate, PI cows (after receiving a positive Bulk Milk PCR Result).

• • • • • •

Analyse production: Most PIs will produce less than their herd mates (average milk volume is halved). BVD PI animals tend to die young so you may focus on screening your young stock for BVD. Identify the lowest producers (lowest 10 to 20 percent) and test individually by using tissue samples taken with the Allflex applicator or blood samples (BVD Antigen ELISA or BVD PCR). Respond by culling all PI animals found. Re-test a bulk milk sample of your herd with a PCR test to check that all PI animals have been culled. Bulk milk PCR will not detect non-milking PI stock (calves, bulls, dry cows, and cows not milking into the vat). However BVD exposure levels (BVD Antibody) will be high — in this case, screen non-milking stock individually.

Steps to identify presence of, and eliminate, PI CALVES (Calf Screening)

• • •

Keep screening your calves every year to detect infection coming into your herd and get rid of BVD PI animals early. Respond by culling all PI animals found. Sire Screening: Only buy or lease bulls that have been BVD tested and, preferably, vaccinated.

For more detailed information on the topics covered on these pages see the GeneMark web pages at: http://www.lic.co.nz/lic_GeneMark.cfm.

2012 SERVICES CATALOGUE


42

GENEMARK PARENTAGE MATCHING

GENEMARK

THE POWER OF DNA.

» » » » » »

Strike out widespread problems associated with mis-mothering and inbreeding. Reduce workload and re-deploy staff resource during calving. Strive for impeccable herd records and accurate day-to-day decision making. Avoid the cost of rearing and grazing non-AB animals. Maximise genetic gain. Attract premium prices at sale time.

GeneMark’s DNA parentage verification matches calves to their dams and sires more accurately and effectively than any other means. With both Whole Herd and Individual Animal options available, GeneMark covers the needs of all dairy farmers. Simply use the Allflex Applicator to take a clean-cut tissue sample from the ear of the animals that have parent match queries. Then simply send the samples into GeneMark with the correct forms, and we’ll do the rest. Under the Whole Herd option, we’ll match your new season calves to your already profiled dams and sires. Under the Individual Animal option, we’ll confirm whether an animal is AB-sired, including the option to submit a selection of up to five dams, allowing you to determine its true Breeding Worth. The turnaround time for parentage testing is up to six weeks for full G3 customers and up to 12 weeks for G2/G3 customers. With an increased number of markers, the GeneMark team can deliver approximately 98% calf parentage resolution (based on the herd having 100% of its animals profiled).

2012 SERVICES CATALOGUE


GENEMARK

43

Sample collection: The Allflex Tissue Sampling Unit takes samples from the animal’s ear quickly and cleanly. The system includes a sample detail card (for recording purposes) and individual tissue punches for loading into the sampling unit.

Field Assists: A free-of-charge Field Assist service is available exclusively to new customers of the Whole Herd parentage verification product. The Field Assist will help farmers get herd records up-to-date in preparation for the processing of Whole Herd samples. Assistance will also be provided with initial sampling of calves, dams, R2s, and natural mating bulls on farm. GeneMark is developing Field Assist capabilities, meaning we will soon have the ability to provide the sampling service for our existing customers’ calves (fees applicable).

GeneMark reports: Receive easy-to-read DNA parentage information through GeneMark Reports in MINDA. MINDApro users can access the DNA Profile Summary, the Animal DNA Profiled Report, and the Animals Not Yet Profiled reports for the DNA profile status of all animals in the herd. The MINDA indicator bar will provide a snapshot of the progress of profiled animals. The layout of existing DNA Animal Information in MINDA provides greater clarity of ancestry information.

For more detailed information on the topics covered on these pages see the GeneMark web pages at: http://www.lic.co.nz/lic_GeneMark.cfm.

2012 SERVICES CATALOGUE


PROFESSIONAL ADVICE

45

PROFESSIONAL ADVICE 2012 SERVICES CATALOGUE


46

FARMWISE

PROFESSIONAL ADVICE

EXPERTS YOU CAN TRUST, ADVICE YOU CAN RELY ON

»

Share your ideas and plans face-toface with experienced, independent advisors.

»

Be secure in the knowledge that discussions are private and confidential.

»

Tap in to a wealth of best practice knowledge.

»

Draw up an action plan to implement strategy.

»

Get more from your pasture and animals.

FarmWise is a network of up to 20 experienced, professional dairy consultants who strengthen your farm business by offering excellent advice. Whether you’re seeking to set goals, improve animal performance, expand your business, invest on farm, recruit, or secure your retirement and succession planning, FarmWise has the expertise to help. And rest assured, you’ll retain complete control.

For more information or to arrange a meeting with a FarmWise Consultant call 0800 FARMWISE (0800 327 694). For more detailed information on the topics covered on these pages see the FarmWise web pages at: http://www.farmwise.co.nz

2012 SERVICES CATALOGUE


PROFESSIONAL ADVICE

47

Soil and nutrient management: Fertiliser recommendations; soil fertility strategies and policies; nutrient budgets; soil/herbage test advice; and audits of the fertiliser programme.

Health & Safety: Identify, document, manage, and reduce hazards using a FarmWise Health & Safety manual template. Reduce risk and protect your staff, yourself, and your business by meeting statutory obligations.

General farm management: Farmers are inundated with products and services, but a FarmWise consultant will help select the right ones for your business. Get the best advice on pasture and stock management, cow nutrition, reproduction and genetics, mastitis management, and other health issues.

Maximise profit: Benchmark your business and identify areas for improvement and cost savings. Formulate plans, prepare and monitor financial budgets/cashflows, prepare loan applications, and get an opinion about on farm investment, equity, retirement, and succession options.

Employment: FarmWise provides a set of individual and fixed term employment agreements, along with advice on what to include in position descriptions. FarmWise also provides remuneration advice and offers a conflict resolution service. If you need help with staff recruitment, we’ll get as involved as you need us to be.

Further Agreements, Land Lease, and Stock Lease Agreements: These are available for farmers wishing to enter in to other formal arrangements.

Sharemilking: FarmWise has its own Herd Owning Sharemilking Agreement that is available for purchase as a straight forward agreement. Alternatively, we’ll bring our in-depth industry knowledge to work with you and your lawyer to modify the agreement to suit your goals, whether you're an owner or sharemilker. The Variable Order Sharemilking Agreement is also available through FarmWise, along with common industry variations of the agreement, which is frequently changed to suit herds of more than 300 cows.

Predictive reports: A suite of predictive programs that cover feed, finance, and milk production; the programs are used to help draw up feed budgets, financial plans, and milk production modelling.

Conversions and development: FarmWise consultants will provide advice and input in the preparation of farm development programmes, supervision of farm conversions, and development (re-design of the dairy, drainage systems, effluent disposal, or water supplies). FarmWise consultants will also arrange for independent technical advice from agricultural engineers.

2012 SERVICES CATALOGUE


PROFESSIONAL ADVICE

48 » »

ANIMAL EVALUATION UNIT Identifies animals that are the most efficient at turning feed into profit. Provides a way of comparing (or ranking) animals, no matter what herd they are in, their age, how long they have been in milk, when they calved, their breed, etc.

»

Breeding Worth (BW) is widely accepted as the index for measuring the potential value of animals, because it ranks bulls and cows on their expected ability to breed profitable and efficient replacements.

»

BW is comparable across all herds, ages, and breeds, and can be used as a guide to making breeding, culling, and buying decisions.

Trait evaluations:

Example:

Breeding Value (BV) ranks male and female animals for their genetic merit for individual traits. There are 28 traits evaluated for BVs.

Lactation Value (LV) ranks female animals for their current season production ability.

A BW of 125/56 indicates an animal (bull or cow) is expected to generate an extra $125 profit per year, per unit of feed, through breeding replacements which are more efficient converters of feed into profit above the base 0 (base 0 is group of cows born in 2000). This evaluation has a reliability of 56%, indicating how much confidence can be placed in the figure. Reliabilities can range between 0 (no confidence) and 99% (near complete confidence).

When the economic worth of individual traits is taken into account, the Animal Evaluation system produces corresponding economic evaluations or indexes.

A PW of 120/83 indicates a cow is expected to generate an extra $120 profit per year, per 4.5tDM of feed, on average over her lifetime, above the base 0.

Economic evaluations:

Book explaining Breeding Worth in more detail — Your Index, Your Animal Evaluation System:

Production Value (PV) ranks female animals for their lifetime production ability.

Breeding Worth (BW) ranks cows and bulls on their expected ability to breed profitable and efficient replacements. BW incorporates the BVs for milkfat, protein, milk volume, liveweight, fertility, somatic cell count, and residual survival. These are the traits identified by the industry as having the biggest impact on profitability. BW is the sum of these BVs multiplied by their economic weightings. Production Worth (PW) ranks cows for their lifetime profitability and efficiency, and is the sum of BVs that are assigned various economic weightings. The BVs that are relevant in the PW evaluation are milkfat, protein, milk volume, and liveweight. Lactation Worth (LW) ranks cows for their current season profitability and efficiency, and is the sum of BVs that are assigned various economic weightings.

2012 SERVICES CATALOGUE

A guide that covers all aspects of the Animal Evaluation system, particularly BW. It explains how BW works, why it works, and how you can make it work for you. For a copy of the book, contact the Animal Evaluation Unit (see footnote, page 49).

Reliability: A measure of the amount of information that has contributed to an evaluation, and therefore the amount of confidence we can place in the BW. When using bulls with a Breeding Worth of low reliability, ensure that you manage the risk of this investment by using a large team of bulls.


PROFESSIONAL ADVICE

49

Traits Other than Production: In New Zealand, Breeding Values (BVs) are calculated for 16 Traits Other than Production (TOPs). TOP traits are scored on a scale from one to nine. Further information is contained in the TOP booklet published by the TOP advisory committee (see footnote).

BW and PW averages: How does your herd compare? To find current information about Animal Evaluation averages, look in Part 2 (the Herd Test Summary) of your MINDA Herd Test Report. National and regional average PWs and BWs are shown, along with the figures for the top 5% of herds for PW and BW. This allows you to compare your herd figures against regional and national averages.

In practice: Cows and herds:

• •

For breeding replacements Breeding Worth (BW) can be used as a guide for selecting cows to breed the most profitable and efficient replacements. For culling poorer animals Production Worth (PW) and Breeding Worth (BW) can be used as a guide for culling animals, based on their expected ability to be profitable and efficient lifetime producers, as well as their ability to breed profitable and efficient replacements. For buying and selling stock Production Worth (PW) and Breeding Worth (BW) can be used as a guide for buying or selling animals, based on their expected ability to be profitable and efficient lifetime producers, as well as their ability to breed profitable replacements.

NOTE: Animal evaluations are simply pieces of information that can aid farm management decisions. Their purpose is to guide, not replace, the farmer’s own decision making.

In practice: Bulls

For breeding replacements Breeding Worth (BW)/Reliability can be used as a guide for selecting bulls to breed the most profitable and efficient replacements.

Animal Evaluation updates are calculated about every third week. Visit the Animal Evaluation Unit Website (www.aeu.org.nz) where the Ranking of Active Sires (RAS) List is regularly updated for the top bulls with semen available.

For further information on the website, the New Zealand Dairy Sire Summary, the Your Index publication, or the TOP booklet, please contact the Animal Evaluation Unit, telephone +64 7 856 0712. www.aeu.org.nz

2012 SERVICES CATALOGUE


2012 SERVICES CATALOGUE


CONDITION AND SERVICE RULES

51

CONDITION AND SERVICE RULES 2012 SERVICES CATALOGUE


CONDITION AND SERVICE RULES

52

Livestock Improvement Corporation Limited Commencing in 2012/2013 Season

LIC Database means the New Zealand Dairy Database and any other databases owned or controlled by LIC which includes the Core Database and the Non-core Database.

Part A

LIC Semen means semen produced or supplied (directly or indirectly) by LIC.

MINDA™ Service means LIC’s MINDA Herd Recording service and includes but is not limited to LIC’s traceability services and any software application relating to LIC’s MINDA Herd Recording service.

Non-core Database means that portion of the LIC Database owned by LIC which is not the Core Database.

Offspring means the first-generation male offspring of matings using LIC Semen.

Panel means the New Zealand Dairy Core Database Access Panel as contemplated by the Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Regulations 2001 and/or any appropriate successor body.

Person includes a natural person (whether one or more), an incorporated entity, and an unincorporated body of persons.

Previous Season means the season immediately preceding the Current Season

Rules Amendment Procedure means LIC’s rules amendment procedure under clause 90 of these Service Rules.

Season means any season to which these Service Rules (as amended from time to time) apply.

Service Rules means the conditions and service rules of LIC printed here, as amended from time to time in accordance with clause 90.

Shareholder Councillor has the meaning set out in the Constitution and the term Shareholder Councillors shall have a corresponding meaning.

Subsequent Season means the season immediately following the Current Season.

User has the same meaning as in the Constitution.

The Client agrees to be bound to these Service Rules on the basis that they shall have continuing effect and the Client’s obligations hereunder shall not be terminable. The Client will continue to be bound by all of the Service Rules irrespective of whether, and the extent to which, any products and/or services are provided by LIC (directly or indirectly). For the avoidance of doubt (and without limiting the foregoing) these Service Rules shall apply irrespective of: (a) the products and/or services being ordered on behalf of a Client by another person or vice versa; (b) whether any products and/or services are ultimately provided to the Client by LIC (directly or indirectly); (c) the manner in which the Client came into possession or use of any LIC products and/or services; and (d) whether the Client is making use of any products and/or services provided by LIC (directly or indirectly) and irrespective of whether there are or may be LIC products or services that the Client does not use; LIC may vary these Service Rules at any time in accordance with the Rules Amendment Procedure. The Client agrees to abide by the Rules Amendment Procedure and agrees, subject to clause 90(d), to be bound, on a continuing basis, to any amended Service Rules.

Meanings given to words and phrases in these Service Rules: •

Access Code means in respect of the relevant information: (a)

any decision of the Panel governing access to Information contained in the Core Database; or

(b)

all other applicable Herd Testing rules and regulations arising out of the Dairy Industry Restructuring Act 2001 governing access to information contained in the Core Database; and

(c)

includes all applicable rules and procedures of LIC governing access to information contained in the Non-core Database and/or the Core Database.

Client means any person that has been assigned a LIC participant code, customer number or any other unique customer identifier employed by LIC and/or who has at any time agreed to be bound by these Service Rules.

Constitution means the constitution of LIC, which is a public document and is available on request from LIC, on the LIC website (www.lic.co.nz) and from the Companies Office.

Core Database means the New Zealand Dairy Core Database controlled by LIC comprising Herd Testing information under the applicable regulations.

Current Season means the then current season to which these Service Rules (as amended from time to time) apply.

Herd means a group of cows which are being managed as a unit on the same farm for the purpose of milk production and which is usually being milked through a common farm dairy on a daily basis.

Information includes where the context permits or requires: (a)

information contained in and/or accessed from the LIC Database;

(b)

information to be placed, inputted or otherwise submitted into the LIC database;

(c)

data in electronic form; and

(d)

data contained in or derived from samples of animate or inanimate material.

LIC means Livestock Improvement Corporation Limited and its assign(s) and/or successor(s).

2012 SERVICES CATALOGUE

Writing includes email and other electronic media.

For the avoidance of doubt, the term Services Contract in the Constitution means these Service Rules.

The ruling of LIC will be final and binding as to the meaning and application of any definition contained in these Service Rules.

Share Standard The Client acknowledges and understands that by ordering or otherwise signing up for qualifying products and/or services from LIC for the Current Season having an aggregate value of not less than $500 (at the same time as otherwise being a User), the Client consents to become and has made an irrevocable application to become a shareholder of LIC and to hold the Co-operative Control Shareholding Requirement (as such term is defined in, and upon the terms of, the Constitution). The Board of LIC may in its absolute discretion decide whether or not to accept an application by a User to become a shareholder. The LIC Constitution is available on LIC’s website, www.lic.co.nz.

Part B General 1.

Except as otherwise specified by LIC, the term of the supply of all LIC products and/or services is indefinite and, notwithstanding that such products and/or services may be charged on an annual or job lot basis, shall continue upon the terms of the Service Rules from time to time applying, until the Client notifies LIC that the Client does not wish a continuation of the supply of the relevant product and/or service.

2.

(a)

Clients are bound by these Service Rules and all applicable rules and regulations arising out of the Dairy Industry Re-Structuring Act 2001 and/or all applicable


(b)

LIC may, in its sole discretion, at any time and for any reason upon giving notice refuse or cease to supply any product and/or service to the Client.

(c)

LIC reserves the right from time to time to add, delete or amend products and/or services, or substitute existing products and/or services with any other products and/or services.

(d)

LIC reserves the right to introduce any new product and/ or including for animal health and welfare and/or animal traceability for both dairy animals and other species. These Service Rules shall apply to such product and/ or service in addition to any terms and conditions (if any) promulgated by LIC.

(e)

Without restricting any other provision of these Service Rules: (i)

(ii)

3.

LIC reserves the right at all times to take any remedial and/or restorative action (including without limitation all necessary enforcement or legal proceedings) in respect of any actual, apprehended or attempted breach of these Service Rules or any improper, unauthorised or dishonest act or omission (Improper Conduct) on the part of the Client and if such Improper Conduct is established to LIC’s reasonable satisfaction it shall be entitled to recover the full cost of such remedial and/or restorative action against the Client; and

4.

(b)

The Client acknowledges that LIC is the sole proprietor (or authorised licensee) of all intellectual property rights contained in products and/or services produced or supplied by LIC and the Client will only use products and/or services for the purpose for which they are produced or supplied by LIC.

(g)

It is a condition of the supply of products and/or services by LIC that such supply is personal to the Client. The Client must not transfer or assign such products and/or services to a third party without the prior approval of LIC.

(h)

To the fullest extent permitted by law, the Client agrees that they will not trade, sell, transfer, or assign any information or data supplied by LIC as part of a product and/or service, other than as expressly permitted by such product and/or service.

The Client acknowledges that farming carries inherent risks and variables which are outside the control of LIC and which may affect the results achieved through the use of LIC products, services or information. LIC does not give, and its employees, servants and agents do not have the authority to give, any representation or warranty of any sort, whether express or implied, as to the results and/or performance to be achieved or expected from products, services or information produced or supplied by LIC, nor to make any admission against the interests of LIC other than as provided in writing under the hand of the Chief Executive Officer of LIC for the time being.

LIC shall not be liable for any loss, damage, injury or claim of any kind (including loss of profit, loss of business, loss of opportunity, direct, indirect, consequential or special loss or damage) however caused (whether arising in contract, tort (including negligence) statute or otherwise) suffered by or made against the Client or any third party and arising in connection with or flowing from any product, service or information produced or supplied (including a total or partial supply failure or performance impairment), or the use or disclosure (including total or partial nondisclosure) of any information, by LIC.

It is the responsibility of the Client to ensure that all animals receiving MINDA™ Herd Records, Herd Testing, Artificial Breeding or any other service are identified by a system approved by LIC. LIC will not make any rebate whatsoever in the service fees in the event of a Herd being withdrawn from a service because of unsatisfactory identification.

6.

In using any services and/or products produced or supplied by LIC and/or in any dealing with LIC generally, the Client acknowledges and agrees that:

7.

53

Notwithstanding clause 4(a), in the event that LIC is found to be liable for any loss, damage, injury or claim of any kind, then the liability of LIC, whether arising in contract, tort (including negligence), statute or otherwise in any other circumstances whatsoever including in connection with products and/or services produced or supplied, shall not in any event exceed the net purchase price paid by the Client in respect of the relevant product and/or service or, at the sole discretion of LIC, the replacement of such product or service. In no circumstances whatsoever shall LIC be liable to the Client for any loss of profit, loss of business, loss of opportunity, consequential, incidental or special loss or damage.

5.

Where LIC determines pursuant to clause 2(e)(i) that there has been Improper Conduct in respect of products and/or services offered by LIC, the Client hereby irrevocably authorises LIC to undertake such remedial and/or restorative action as referred to above and indemnifies LIC in respect of such action.

(f)

(a)

(a)

it is the Client’s responsibility to ensure that all data and information supplied to LIC (directly or indirectly) is valid, up to date, accurate and complete;

(b)

the Client warrants that all data and information supplied to LIC by the Client (or any agent of the Client) is valid, up to date, accurate and complete; and

(c)

without prejudice to the provisions of clause 4, where data or information received by LIC (from any source) is not valid, up to date, accurate and complete, LIC shall not be liable to the Client or any third party in relation to that data not being valid, up to date, accurate and complete.

(a)

LIC may in its sole discretion allow and/or require a Client to pay fees for products and/or services through an order permitting a dairy company to pay LIC its fees for services and/or products out of monies due to the Client by that dairy company (Dairy Deduction Authorisation). LIC may at its discretion decline to provide services and/or products if an appropriate Dairy Deduction Authorisation is not completed, or is not accepted by LIC, or is at any time rejected or dishonoured (whether actual or anticipatory) by the relevant dairy company. LIC may in its sole discretion determine whether or not it will accept payment by way of a Dairy Deduction Authorisation.

(b)

Where the Client (in compliance with LIC’s requirements) wishes that the fees for products and/or services will be paid through a Dairy Deduction Authorisation the Client gives the following acknowledgements and/or authorisations to the relevant dairy company (the Dairy Company): •

I/We have applied to LIC for the supply of services and/or products in the Season and have agreed to pay the fees due as a result of such application by order to your company.

2012 SERVICES CATALOGUE

CONDITION AND SERVICE RULES

standards determined by or referred to in any Herd Testing regulations and any additional terms and conditions applying to Herd Testing, Artificial Breeding, MINDA™ Service and any other product and/or service offered from time to time. (Copies of the relevant rules or procedures governing Herd Testing are available from LIC on request and at the Client’s cost.)


I/We authorise the Dairy Company to pay LIC the amount of fees for Herd Testing and/or Artificial Breeding services and/or any other products as advised by LIC out of the monies now or at any time hereinafter due to me/us for milk supplied and/or to be supplied.

Should there be insufficient funds available in any of the months of supply I/we authorise you to pay such additional amount and any other residual amounts owing by me/us from the first available monies to LIC.

CONDITION AND SERVICE RULES

54 •

I/We acknowledge that this authority is accepted by the Dairy Company subject to the following conditions:

(i)

The Dairy Company accepts no responsibility for any non-payment or late payment.

(ii)

The Dairy Company in its absolute discretion may determine the priority of payment pursuant to this or any other order given by the supplier to the Dairy Company or any right of setoff to which the Company or its subsidiaries are entitled.

9.

(a)

Schedules of charges or fees are as listed in LIC’s Services Catalogue or as otherwise published or advised by LIC from time to time. LIC reserves the right to amend such charges or fees from time to time and such amended charges and fees will apply irrespective of whether that product or service is provided for a fixed or minimum term.

(b)

The Client shall make payment in cleared funds of charges and fees in full by the due date without deduction or set-off. In the event of late payment or non payment of charges or fees LIC may:

8.

(a)

(b)

(c)

LIC shall retain ownership in any product supplied by LIC until full payment is made. The Client acknowledges that pending payment the Client is holding unpaid-for product as the fiduciary of LIC and is bound, in dealing with such product and its proceeds of sale, accordingly. The Client grants LIC and its servants or agents an irrevocable and perpetual licence to enter onto any premises owned or controlled by the Client for the purpose of repossessing any such product not paid for in full.

(d)

The Client waives any right to receive a copy of a verification statement pursuant to s148 of the Personal Property Securities Act 1999.

(e)

All property owned by LIC and in the possession of the Client in connection with the provision of services is held at the Client’s risk. The Client shall ensure the correct use and safe storage of all LIC property while it remains in the Client’s possession. In the event that any LIC property is lost, stolen or damaged (other than by fair wear and tear) whilst in the Client’s possession the Client shall pay to LIC upon demand the cost determined by LIC to be the cost of repair or replacement of that property.

2012 SERVICES CATALOGUE

(ii)

Refuse to supply all non completed or future services and/or products;

(iv) Impose and execute a possessory lien against any property (including without limitation stored semen) of the Client held by LIC and being the subject of overdue charges or fees. (c)

LIC reserves the right to charge full fees or such other lesser amount as LIC in its sole discretion considers necessary for a product and/or service ordered when the number of animals for which the product and/or service is ordered is more than the number actually in receipt of the product and/or service.

(d)

The Client authorises LIC or any agent of LIC to provide information, including the Client’s personal information, to any third party for the purpose of determining and/or receiving information regarding the Client’s credit worthiness.

(e)

LIC may extend credit to the Client on such terms and conditions as set out in the Services Catalogue and to the extent that such terms and conditions are not set out in the Services Catalogue on the terms and conditions as otherwise published or advised by LIC from time to time. The Client acknowledges and accepts that LIC may at all times determine the amount of credit extended to the Client and may at any time withdraw or reduce such credit if:

Notwithstanding clause 8(a) and subject to any other provision of these Service Rules relating to the sale of product (including but not limited to clause 62), where the Client is entitled to on sell LIC supplied product(s) the Client may pass good title, but in doing so the Client agrees that the payment received for the product money held by the Client on trust for both LIC and the Client. The Client’s interest as beneficiary under the trust shall be limited to that portion of the payments that is over and above the amount of the Client’s indebtedness to LIC. The Client agrees that trust monies will be retained separately by the Client until payment to LIC has been effected and that LIC may trace monies to give effect to its rights under this clause. The Client agrees to protect LIC’s retention of title provisions as provided in clause 8(a) and the Client agrees that, if requested by LIC, the Client will co-operate in good faith with LIC to execute such documentation as may be required to register a security interest in favour of LIC and/ or to fully protect LIC’s retention of title.

Charge interest of up to 1.5% per month on the outstanding amounts calculated on a daily basis;

(iii) Recover on a full indemnity basis the costs of recovering or attempting to recover overdue monies; and/or

(iii) The Dairy Company may at any time by notice in writing to the supplier terminate future payments under this order. (iv) This authority may not be revoked, cancelled or varied by the supplier without the prior consent in writing of LIC.

(i)

(i)

the Client is in actual or anticipatory breach of any provision of these Service Rules or any other agreement with, or policy of, LIC;

(ii)

the Client’s credit worthiness is unacceptable to LIC; and/or

(iii) LIC in its sole discretion no longer wishes to extend credit to the Client or wishes to reduce the amount of credit extended. (f)

Upon LIC withdrawing or reducing the provision of credit, all amounts held on credit (or in the case of a reduction, above the reduced amount of credit extended) will become immediately due and payable by the Client.

(g)

Where pursuant to any agreement or arrangement LIC is indebted to the Client, LIC may in its absolute discretion and without prior notice set off any such indebtedness against any amount owing by the Client to LIC from time to time.

10. With the aim of improving the benefits Clients receive, LIC is constantly modifying services and products, the manner in which services are provided, and the methods by which information is calculated and reported. While every effort will be made to inform Clients of major changes, LIC cannot guarantee that notice of changes as they may relate to any product or service provided will be given in advance of the change being implemented.


(b)

These rules contemplate the supply of products and/or services to the Client in the course of business and accordingly the statutory guarantees contained in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted by law.

(iv) the recipient of any rights created by the Disposition of Interest as if such rights included an assignment of the Client’s rights and entitlements to information as regulated by these rules relating to the particular animal; and

Notwithstanding anything in these Service Rules to the contrary, where the Client is not acquiring goods or services from LIC for the purpose of business and provided such goods and/or services are subject to the Consumer Guarantees Act 1993 and the Client is a consumer as that term is defined in the Consumer Guarantees Act 1993, the statutory guarantees contained in the Consumer Guarantees Act 1993 will apply and any restriction or limitation imposed or sought to be imposed by LIC under these Service Rules is expressly excluded but only to the extent that the same are inconsistent with the provisions of the Consumer Guarantees Act 1993.

(v)

12. In contracting with LIC to provide services and/or products, the Client accepts: (a)

(i)

that the Client becomes the principal to the contract;

(ii)

that LIC becomes the contractor; and

(iii) that any independent contractor to LIC becomes the subcontractor as defined in the Health & Safety in Employment Act 1992. (b)

(c)

(d)

That the Health & Safety in Employment Act 1992 may apply to the services and/or products produced and/or supplied by LIC and that the Client shall be responsible for meeting all requirements of the Act with respect to both employees of and independent contractors to LIC. For the avoidance of doubt LIC reserves the right to withdraw the provision of any products and/or services to the Client if LIC considers in its sole discretion that the Client is or may be in actual or anticipatory breach of the Client’s obligations under the Health & Safety in Employment Act 1992, or any other aspect of the provision of products and/or services to that Client presents an unacceptable hazard to employees of or independent contractors to LIC. That where the Client is an entity that comprises more than one person and the Client entity dissolves, LIC will only be required to recognise and deal with: (i) (ii)

the persons formerly comprising the entity acting unanimously; or a representative unanimously appointed by the persons formerly comprising the entity; or

(iii) a representative appointed or regulated by statute to deal with the property rights of the entity (including but not limited to a receiver or a liquidator), and (iv) where such recognition and dealing under any of the above is determined by LIC to be not practically available, LIC may deal with any person on behalf of the dissolved entity as it considers in its absolute discretion to be appropriate in the circumstances having regard to the desirability of advancing the interests of the national dairy herd as a whole. (e)

If LIC determines that a Client has entered into any of the following transactions (Disposition of Interest): (i)

sold or in any way vested legal ownership;

(ii)

leased or in any way parted with possession; or

(iii) charged or encumbered the legal title; in respect of an animal that is subject to the provision of products and/or services, or is a source for the collection of information for the LIC database, such Disposition of Interest shall irrevocably authorise LIC to deal (in its discretion) with:

55

the Client at any time, before, during or after the date of such Disposition of Interest.

(f)

The Client is deemed to have received notices or correspondence three working days after being posted by LIC to the Client at the Client’s last known address held by LIC.

(g)

At any time LIC may in its sole discretion determine, based on information held by it, the identity of a Client or a proposed Client for the purposes of these Service Rules and the share standard.

Information Handling Authorisations 13. (a) (b)

These Service Rules apply to information contained in the Core Database and the Non-core Database. Access to information contained in the Core Database is in accordance with the Access Code or any successor code and where applicable these Service Rules are subject to the provisions of the Access Code or any successor code.

14. Subject to the Dairy Industry Restructuring Act 2001 and any Regulations made under that Act (where applicable), the following Client authorisations apply in respect of the collection, use or disclosure of all information, including Client personal information, by LIC: (a)

Any dairy company receiving a Client’s milk may supply LIC with any requested particulars, including but not limited to the Client’s Herd size and/or factory production figures and LIC may collect such information from that dairy company.

(b)

LIC may, without further reference to the Client, publish any official surveys of sires or evaluation of sires surveyed on behalf of the Client.

(c)

LIC may collect any information from the Client or any third party, disclose any information to any third party, or use any information, for any and all of the following purposes: (i)

New Zealand Dairy Industry milk quality programmes, EBL, and other disease testing and/or eradication programmes;

(ii)

collection and processing of bobby calves;

(iii) leptospirosis and/or mastitis data collection, research and control programmes; (iv) compliance or co-operation with farming industry sector standards or programmes (including dairy, beef and other species) to improve the quality of animals and animal products; (v)

providing or obtaining and determining from any person (including but not limited to any provider of testing, analysis or quality assurance services for the agriculture industry such as Agriquality or a similar organisation, the Animal Health Board, Ministry of Agriculture & Forestry, (including the Farms On Line Crown resource), National Animal Identification and Tracing (NAIT) Limited, and any veterinary practitioner) the identification, health, productivity, ownership, possession, ancestry, location, treatments or disease status of any animal, Herd, or farm participating in any product or service provided by LIC and if applicable, recording the same in the LIC Database for any of the purposes set out in sub-clauses (i) to (iv) and (vi) to (xiii) of this clause 14(c);

(vi) the Biosecurity Act 1993 or any other statutory or regulatory enactment; (vii) the lawful direction of any competent administrative authority;

2012 SERVICES CATALOGUE

CONDITION AND SERVICE RULES

11. (a)


(viii) any existing, new, enhanced, or expanded product or service and/or any existing or new relationship established with any farming industry sector or part thereof (including but not limited to dairy, beef and deer) and any person within a particular sector (including but not limited to Beef Breed Societies) as may be developed or entered into by LIC;

CONDITION AND SERVICE RULES

56

contained in the LIC Database (including the Core Database) to any third party contractor appointed by LIC to operate or provide the LIC Database (or any part of it). 15. The Client agrees and acknowledges that: (a)

All proprietary rights and interests in any information collected by LIC from the Client or a third party and entered into the LIC Database shall upon such entry be deemed to be absolutely and unconditionally assigned to LIC. Subject to the right to access and correct personal information under the Privacy Act 1993, the Client has no proprietary rights or interests in any such information entered by LIC into its database.

(b)

LIC shall be entitled to delete, amend, manipulate, copy, store, distribute and/or use any information (including as applicable Client personal information) gathered pursuant to these rules for the purposes of:

(ix) the retention and use for the research and development and business purposes of LIC including but not limited to biotechnology ventures between LIC and third parties; (x)

the use by ViaLactia Biosciences (NZ) Limited for the purposes of gene discovery, gene function discovery and commercial application thereof both directly and in conjunction with third parties;

(xi) auditing or monitoring of the health or quality of any animal or animal product within a farming sector;

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(i)

(xii) the provision of any products and/or services referred to in these Service Rules;

improving the national herd in dairy or other species and the functioning of the LIC database;

(ii)

(xiii) enforcing or attempting to enforce any obligation or liability imposed upon a Client by these Service Rules; and

the provision of products and/or services offered by LIC in furtherance of its commercial operations; and/or

(iii) the proper functioning and implementation of these Service Rules.

(xiv) the use by Shareholder Councillors for the purpose of carrying out their functions as Shareholder Councillors, including but not limited to enabling Shareholder Councillors to communicate with their respective constituent shareholders.

(c)

The assignment pursuant to clause 15(a) shall be absolute and LIC’s rights to deal with any information supplied by a Client or created during the provision of any product and/ or service to the Client shall not be affected by the Client ceasing to be supplied with any product or service by LIC.

Subject to the Access Code, or any successor code, LIC may collect any information from the Client or any third party, disclose any information (including owner details) to a third party, or use any information for the purpose of selecting contract mating cows and bull calves.

(d)

LIC does not warrant the accuracy of any information provided to the Client or any third party unless LIC agrees otherwise in writing.

(e)

LIC may release information (including Client personal information) to any public sector agency or other regulatory body upon request being made by such agency or body for any of the following purposes:

LIC may collect any information, use any information or disclose any information which has been provided by the Client or any third party for any purpose contemplated in these Service Rules or the Access Code or any successor code. The Client hereby irrevocably authorises any person or third party contemplated by clause 14(a), (c) or (e) to provide to LIC the information that LIC is entitled to collect pursuant to those clauses.

Pursuant to, and for the purposes of Regulation 24(1)(c) of the Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Regulations 2001 (and any subsequent amendment regulations), the Client authorises LIC (to the extent necessary for the purpose of this clause) to make data contained in the Core Database in respect of a Client’s Herd(s) available to LIC or any other entity for any purpose contemplated by these Service Rules. To the extent necessary for the purpose of the Access Code (and without prejudice to LIC’s rights in respect of the LIC Database), the Client authorises LIC to provide the data

2012 SERVICES CATALOGUE

To avoid prejudice to the maintenance of the law by any public sector agency or regulatory body, including the prevention, detection, investigation, prosecution, and punishment of offences; or

(ii)

For the enforcement of a law imposing a pecuniary penalty; or

(iii) For the protection of the public revenue; or

The Client agrees in respect of information contained in the LIC database that further notification to the Client of the purpose of the collection, the intended recipients and holding agencies for the personal information is unnecessary and authorises non-compliance with the requirements of principle 3 of the Privacy Act 1993. The Client authorisations contained in clauses 14(a) to (g) inclusive extend to and include Client personal information that is incidental to or necessarily part of the information authorised to be dealt with under such clauses. The Client authorises for the purposes of the Privacy Act 1993 the resultant dealing and use of such Client personal information within or arising out of the operation of clauses 14(a) to (g) inclusive.

(i)

(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or (v)

That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to public health or public safety, or the life or health of the individual concerned or of another individual.

(f)

LIC may at its sole discretion release information (including Client personal information) to any person for any purpose related to animal welfare or the maintenance of public health and safety.

(g)

LIC may provide any information (including Client personal information) to any third party for the purpose of determining credit ratings or payment trends in respect of LIC, the Client, any group of Clients or to enable LIC to participate in any credit rating service.

(h)

LIC may at any time provide information (including Client personal information) to any person who LIC, acting on information held by it, considers is entitled to receive it.


The rules in this section apply to dairy, beef and any other animal species MINDA™ Service that LIC operates from time to time. References to dairy animals and dairy related aspects will as appropriate be read as substituted with the relevant animal species with such additional contextual modification of the rules set out in this section as required. 16. (a)

(a)

The Client (or lessee of the Client’s Herd) has the right to purchase reports showing all ancestry, identification, production, health records and predictive indexes for all animals and the direct ancestors of all animals in the Client’s Herd, including information collected when the animal was in another Client’s Herd.

(b)

Clients and prospective Clients who, in the opinion of LIC, are entitled to such information (including when the Client or authorised agent or charge holder advertises publicly or otherwise markets an animal, its semen or its progeny for sale) may purchase reports showing records relating to that individual animal. In this instance, animal ancestry, identification, production, reproduction, health and predictive indexes, where applicable, may be made available.

(c)

The Client acknowledges that LIC may produce reports or make available for purchase other information showing predictive indexes relating to an animal’s breeding worth (BW Report) and such BW Reports may be produced either with or without the use of genomic information. While LIC will endeavour to notify the Client whether a particular BW Report has been produced using genomic information, without limiting clause 4, LIC shall not be liable to the Client or any third party for any error, misdescription or misrepresentation made by the Client in respect of any BW report.

Notwithstanding clause 1: (i)

The term for MINDApro will not be less than 13 months unless otherwise agreed between LIC and the Client;

(ii)

The term for MINDA mobile will not be less than 12 months unless otherwise agreed between LIC and the Client; and

(iii) Any abandonment of the MINDApro or MINDA mobile services by the Client (whether notified to LIC or not) prior to the expiry of the term for those services will not affect or otherwise reduce the Client’s obligation to pay for all applicable fees or sums incurred or otherwise payable by the Client in respect of such term. (b)

17. Without limiting any other rule, the following guidelines and authorisations apply to the release or use of animals’ records and information:

To preserve the integrity of information obtained under the MINDA™ Service: (i)

The Client must perform and otherwise comply with the obligations attaching to the provision of information under the MINDA™ Service and shall not be entitled to use such information for any purpose other than that for which it has been supplied by LIC;

(ii)

The Client shall not alter, manipulate, resell, distribute or deal in such information in any way that is not expressly authorised by LIC from time to time and LIC’s decision (subject to the provisions of the Access Code or any successor code) whether to so authorise, shall be final;

18. (a)

(iii) The Client shall at all times comply with New Zealand law in the use or handling of such information. (c)

Animal evaluation indexes and any other information supplied as part of the MINDA™ Herd Records Service, and the intellectual property and/or copyright embodied in such indexes and reports, remain in the sole ownership of LIC and such status shall not be challenged or prejudiced by the Client.

(d)

Animal evaluation indexes may be used by the Client only for the purposes of the sale and purchase of dairy, beef or other animals and for the Client’s farm management decisions. The indexes shall not be used by the Client for the sale or other distribution of semen, unless the Client has signed and conforms to conditions contained within the Animal Evaluation Customer Service and Licence Agreement.

(e)

The Client acknowledges that if a Client directly or indirectly discloses to any third party that Client’s participant code, PIN, or any other code or identifier intended to be confidential: (i)

LIC will not in any way be liable for any loss caused to the Client in respect of any act or omission on the part of such third party, including any loss arising out of or flowing from any act or omission on the part of LIC authorised by such third party; and

(ii)

The Client shall be liable for all products and/or services ordered by a third party using the Client’s PIN (or any other code or identifier intended to be confidential) to procure such products and/or services from LIC, and in that instance such third party shall be deemed to be the authorised agent of the Client.

(b)

19. (a)

57

Subject to the Access Code or any successor code all records of registered pedigree cows or other animals (or cows showing in the LIC database as being registered with a participating Breed Association) tested and/or bred in a Client’s Herd will be made available to the relevant Breed Association on request, provided the Breed Association is a participating member in the database. Participating members are: New Zealand Holstein-Friesian Association, New Zealand Jersey Cattle Breeders Association, New Zealand Milking Shorthorn Association, New Zealand Ayrshire Association, New Zealand Brown Swiss Cattle Breeders Association and the New Zealand Guernsey Cattle Breeders Association. The Client acknowledges that the information (Primary Information) authorised to be dealt with under clause 18(a) may also include Client personal information (Secondary Information) that is incidental to or necessarily part of such Primary Information. The Client authorises for the purposes of the Privacy Act 1993 the resultant dealing and use of Secondary Information within or arising out of the operation of clause 18(a). Clients are required to keep their herd records up-to-date by reporting on a regular basis full and accurate details of: animal matings, animals sold or otherwise disposed of, animals purchased; and supplying all other details about animal events such as cow numbers assigned to identified heifers entering the Herd, calving dates, calving ease information, calves born, calf identifications and animal fate reasons. The details together with the date on which the event occurred, are to be supplied on data entry forms or an electronic equivalent which has been approved by LIC in advance. If LIC requires more information about a particular animal or animals the Client shall take all reasonable steps to comply.

2012 SERVICES CATALOGUE

CONDITION AND SERVICE RULES

MINDA™ – Herd Records


(b) Clients are required to supply to LIC:

58

(i)

Up-to-date details of every animal currently in the Herd before the Herd Testing and Artificial Breeding services for the Herd commence for the Current Season;

(ii)

Birth details and calf lifetime identification by the end of the Previous Season or within 6 months of that animal’s birth;

22. (a)

CONDITION AND SERVICE RULES

(iii) Mating details within 8 months of the mating occurring; and (iv) Up-to-date details for all animals prior to the updating of production, trait, or test analysis information for such animals. 20. In the event that accurate or up-to-date details are not provided on time, LIC may deal with the situation as follows: (a)

All information, including results from Herd Testing for the individual animals with missing or incorrect details will be withheld from the Client and will not be entered into the database until the relevant details have been provided. Fees for testing the animal will however be payable.

(b)

When mating details for any animal are not supplied to LIC within 8 months of the mating occurring, the details may be processed later at the discretion of LIC providing all details are supplied in a LIC approved form and completed at the time the mating took place.

(c)

Where the birth details and the identification of an animal are not supplied to LIC by the last day of a Season in which that animal is born or within 6 months of that animal’s birth, whichever is the later, the details will be termed “late” and will not be verified nor used in Animal Evaluations.

(d)

The retrospective addition of ancestry information for a currently recorded animal will be done for Clients if all of the following criteria are met: (i)

The animal itself has an official identification recorded;

(ii)

The dam to be added also has an official identification and is already recorded on the LIC database; and

(iii) The sire to be added also has an official identification and is already recorded on the LIC database. The status of the sire will be set to “unofficial” unless a confirming DNA result is supplied or a LIC representative can verify accuracy from the complete mating records for the dam. 21. (a)

Where the Client is a current user of the MINDA™ Service and: (i)

the Client or another natural person is a PICA in respect of the Client’s animals for the purposes of the National Animal Identification and Tracing legislation; and

(ii)

that PICA has contracted with LIC (to LIC’s satisfaction) to be that PICA’s information provider to perform all or part of the PICA’s obligations under the National Animal Identification and Tracing legislation; the Client must ensure that all information required to be provided by the PICA as part of the NAIT scheme is provided to LIC (whether by the Client or the PICA) as part of the MINDA™ Service in accordance with the NAIT requirements and within sufficient time to enable LIC to discharge its obligations under the contract between LIC and the PICA and the PICA to discharge its obligations under the NAIT scheme.

(b)

The Client shall at all times notify LIC (in writing) of any changes to the identity of any PICA in respect of the Client’s animals.

(c)

For the purposes of this clause 21, capitalised words shall have the meanings given to them in the National Animal Identification and Tracing legislation or these Service Rules.

2012 SERVICES CATALOGUE

(b)

Clients who did not use the MINDA™ Service in the Previous Season may establish basic details (that is: breed, age or date of birth, official identification and name, if required) for previously unrecorded animals (including young stock) as part of the service, providing the animals are current in the Client’s Herd. These details are to be entered before any new data such as calving dates, mating details etc. for the new Season becomes available. Records created during the period when the Client may have previously used any service will normally be on file and will need checking to bring the Herd information up-to-date.

23. (a)

MINDA™ Herd Records service fees may be increased for a Herd when data is not supplied for processing at the appropriate time. When this applies any remedial work and extra processing will be carried out as and when time permits.

(b)

Any alteration to animal details or information already recorded in the database about the performance of those animals shall be at the discretion of LIC.

24. Fully recorded animals will have all their records on file transferred from one Herd to another Herd at no charge, providing LIC’s transfer procedures are used. Unidentified animals (and previously unrecorded identified animals) will be transferred but a charge will be incurred. 25. Official identification types include: (a)

Birth identifications for all registered and unregistered animals born in New Zealand from 1985 onwards: original owner’s participant code or Animal Health Board number, year of birth and sequence number.

(b)

LIC Identifications (for all unregistered animals born before 1985): original owner’s region code and herd code, the animal’s year of birth and sequence number.

(c)

Herd book number: a Breed Association allocated number for animals born prior to 1985 and registered with a Breed Association that is a participating member in the LIC database.

26. Official tags will be sold as part of the MINDA™ Service for all dairy animals being reared for dairying purposes. These tags carry the official LIC lifetime numbering system, i.e. participant code of Herd or dam owner at time of the animal’s birth, year of birth, serial number, and an identifying symbol of LIC. (a)

Officially numbered tags showing the participant code of the Client or participant code of the owner of any animals in the Client’s Herd, may be ordered through LIC, only by a Client with a current participant code, and for animals less than 8 months old. A duplicate set of officially numbered tags may be ordered by the Client and supplied by LIC on the understanding that they are chargeable to the Client and all reasonable care is exercised by the Client to ensure duplicate numbered tags are put in the same calf.

(b)

Extra tags will be provided at current retail rates.

(c)

Replacement tags for older animals will be supplied only when details of the animal and its identification already exist in the database, and they will only be supplied to the Client in whose Herd they are currently recorded in the database.

(d)

Tags supplied for use on animals expected to be born in one specified calendar year may not be used on animals born in a different calendar year.

(e)

LIC may charge Clients for all tags supplied when details of the identification carried out using the tags are not provided to LIC within 8 months of the birth of the animals the tags were supplied for use on.


27. All the cows in milk in a Herd shall be submitted for Herd Testing, whether milked once or more daily. All cows in the Herd are to be Herd Tested under the same system of Herd Testing. Cows returning to the Herd having been used as nurse cows for calf rearing are to be tested.

31. Where milking is completed later than 6.30 pm or 8.30 am, or if the total hours required for LIC assistance is in excess of eight hours for the two milkings involved for the Herd Test, LIC may charge for the extra time involved. 32. (a)

28. To order Herd Testing for a Season, the Client must apply to LIC before 1 June of that Season. If the Client applies after 1 June for any Herd Testing, LIC may (at its discretion) charge the Client an amount in respect of the additional cost to LIC of arranging such Herd Testing on short notice. 29. (a)

The estimated lactation yield for a cow shall be calculated from and including the fourth day after calving. If a cow’s calving date is not available, then no calculation shall be made. When a cow aborts prior to the 200th day after the commencement of the record so as to cause no marked variation in her production the lactation estimate shall be regarded as one lactation.

(b)

Lactation estimates will be based on all of the days a cow is in milk subject to the foregoing and will only be calculated if the Herd is enrolled for and completes a minimum of four tests which are taken at regular intervals throughout the Current Season.

(c)

To achieve the ideal conditions for the calculation of a lactation estimate: (i)

The first test for the lactation shall be within 63 days of calving;

(ii)

The last test for the lactation shall be no earlier than 15 days before the end of the lactation; and

(iii) The interval between tests during the lactation shall not exceed 120 days. (d)

(e)

It is the responsibility of the Client to select a Herd Testing option and to Herd Test at times that will ensure lactation yields for the full lactation period can be estimated and the ideal conditions for the calculation of a lactation estimate are met. Each test day record for a cow shall be used to estimate that portion of the lactation yield from halfway between the test date and the preceding date to halfway between that test date and the succeeding test date except for the start and finish.

30. A testing visit shall comprise the milkings normally carried out during a 24 hour period; usually a night milking followed by a morning milking. The Herd is to be milked at the same hour at the last milking of the Herd Testing visit as at the corresponding milking on the previous day since all calculations assume that the test day records are for a 24 hour period. Clients who have milking intervals that do not give a 24 hour day must inform LIC so that appropriate adjustments can be made. Normal milking procedures are to be observed at the time of the Herd Testing visit. The Client or Client’s agent shall ensure that the milk submitted for measuring and sampling is the milk produced by the cow at that milking and that nothing has been added or taken away. The Client shall take all necessary steps to ensure that the information in respect of a milk sample submitted to LIC (including, without limitation, the identity of the cow that produced it) is up to date, accurate and complete. Without limiting the provisions of clause 4 LIC will not be responsible for any failure on the part of the Client (or the Client’s agent) to provide up to date, accurate and complete information in respect of a milk sample. The Client or Client’s agent will also ensure that feeding and/or milking/management practices immediately prior to and on the day of testing are not varied from the normal practices used at other times. In particular, no cow or cows shall be fed or given stimulants or injections or treated in any way which may cause an abnormal production on test day.

(b)

Full fees will be charged for the Herd Testing service ordered even if a Herd is tested only once or is sold or withdrawn from Herd Testing. Where withdrawal is the consequence of exceptional circumstances outside the control of the Client and there is no recourse for the Client to recover fees from a third party, then on receipt of written application from the Client, LIC will investigate and decide on the amount to be charged.

59

Without in any way limiting clause 32(a) above, where a Client abandons their Herd Testing within three working days of the scheduled visit, LIC may in its sole discretion charge an abandonment fee to the Client. The abandonment fee will be twice the relevant visit fee or such lesser amount as determined by LIC in its sole discretion.

33. LIC may not use test day records for the calculation of production estimates and various indexes if in its opinion the test day production records are “abnormal”. Where the test day records for a cow are classified as “abnormal” and the cow’s test day yield differs by more than 20% from the assessed value for any trait, or any of the yields are missing, the test day records classified as abnormal shall not be used in calculating the estimated accumulating lactation yield. Where an abnormal test day record for a cow is not used in the calculation, test day yields shall be assessed so that the 270-day yields for each trait including that test are the same as those based on all her normal test day records to date for the lactation. No assessment shall be carried out unless the cow has at least one normal test for the lactation in the Herd where the abnormal test took place. A production record will be reassessed based on each subsequent normal test in the Herd for the lactation and may change if some amendment is made to the cow records used to assess the records. 34. If a Herd changes ownership during a Season LIC will (subject to clause 17(b)) endeavour to continue the same service for the new owner if required to do so. The previous Herd Testing records will be carried forward, subject to the following conditions: (a)

The new owner agrees to be bound by these Service Rules, and any specific rules and conditions applicable to any particular product or service.

(b)

LIC is satisfied that no difficulty will be encountered by the new owner with the identification of individual cows.

35. LIC has the right to check at any reasonable time the identification of any cow/s which are on the farm where a Herd is under test. Such tests may require the taking of blood samples. 36. LIC has the right to make a random check test on any cow, cows or Herd at any time, and to substitute such check test figures for the ordinary test day figures for any cow, cows or Herd. LIC shall have the right to withhold any test day records if in its opinion the records appear abnormal, and it shall also have the right to cancel any test day records and estimated lactation yields credited to any cow or cows or to any Herd for any period if in its opinion they are an incorrect assessment of production. 37. Where a cow is culled, is sold or dies, etc. during a Season, that cow’s number may be used for a replacement cow once the details of the original cow have been removed from that number in the LIC database. 38. Adequate and convenient facilities for the management and sampling of milk are to be available to the Herd Testing Field Technician. Where sampling is done in the pit of the farm dairy a satisfactory shield is to be provided which will give a proper protection for the technician and equipment from dung and urine. Clients should provide an adequate bench of reasonable height in the pit.

2012 SERVICES CATALOGUE

CONDITION AND SERVICE RULES

Herd Testing


CONDITION AND SERVICE RULES

60

39. LIC provides sufficient rubberware for most types of farm dairies. To ensure satisfactory connection of milk meters to milking plant in farm dairies where the type or amount of milk tubing required at testing time is different or in excess of the usual requirements, it is the Client’s responsibility to provide that rubberware. 40. It is the responsibility of the Client to put an approved sanitiser rinse through the milking plant once the milk meters are installed, before the milking commences at the Herd Testing visit, to ensure potential milk grading problems due to changes in plant set-up are minimised. 41. Following the morning milking of the visit self sample meters and equipment are to be cleaned and dismantled from the milking plant, and sample flasks assembled in numerical order in the trays provided, ready for collection by 8.30 am. The Client may be required to transport the equipment and samples to LIC’s local premises if sorted samples and cleaned meters are not ready by 8.30 am. 42. No undertaking can be given that any particular Herd Testing Field Technician either will or will not be servicing any particular Herd for the whole or any part of a Season. 43. Milk volumes shall not be recorded nor samples taken from a cow till the seventh day after the day of calving, unless the Client specifically requests otherwise, when they shall not be taken till at least the fourth day after the day of calving. No samples shall be taken or analysed at any time if in the opinion of the Client or LIC the milk is not fit for human consumption. 44. All production records quoted by or on behalf of any Client, either verbally or in writing, must correspond exactly to those presented by LIC on the Herd Testing Report. The number of tests ordered for the Current Season shall be shown. No conversions between metric and imperial measure are permitted. Where the latest Herd Testing Report does not include the portion of the lactation record based on the most recent test day record, the Test Day production may be quoted as well as the latest Herd Testing Report. 45. The dairy company supplied may be given access to Herd Testing records if there is a dairy company/Herd Testing comparison being conducted between the dairy company and LIC. 46. LIC has the right to provide information to the relevant participating Breed Association on dairy company/Herd Testing comparisons involving any animal in the Herd of a member of that Association. 47. Usually Herd Testing and dairy company production figures for a Season agree to within 12.5%. Where differences exceed this, LIC may, subject to any applicable dairy Herd Testing standards referred to in any Herd Testing regulations, investigate and where LIC considers action is warranted, it may adjust the test figures concerned. When significant differences between Herd Testing and dairy company figures cannot be satisfactorily resolved, then in agreement with the Client, LIC will arrange for an independent evaluation of the Client’s milking plant when milk meters are installed. By prior arrangement with the Client, the charges related to the evaluation will be payable by the Client if the results identify a problem with the plant that could have influenced the accuracy of the test. 48. The Client authorises LIC access to any Herd Testing sample required for any of the purposes in clause 14(c) of these rules and conditions.

Artificial Breeding 49. (a)

(b)

Artificial Breeding Technicians are to be provided with inseminating facilities by the Client that enable them to stand comfortably, directly behind the cow, and on the same level as the cow. If special facilities need to be provided, their design is to be approved by LIC. All animals for insemination must be ready for the Technician in a yard adjacent to the insemination area. The Client must render all reasonable assistance to the Technician to ensure the smooth working of the service.

50. No undertaking can be given that any particular Technician either will or will not be servicing a particular Herd. 51. All animals to be inseminated are to be clearly identified. Any animal which is not clearly branded or ear tagged with numbers up to four digits or tagged with a valid birth identification will be inseminated only if the Client is present to ensure satisfactory identification. Each animal is to be individually and uniquely numbered. 52. Clients must record all inseminations (even those at very short notice) and other matings by way of the approved forms or methods prescribed by LIC for use by that Client. Clients shall provide all information in respect of such inseminations and/or other matings as required by LIC. 53. Clients who use the DIY PREMIER SIRES™ service will usually be supplied with LONG-LAST™ Liquid Semen. Supplies estimated to be sufficient for daily needs will be delivered by LIC at regular intervals. These intervals and the time of delivery will be determined by LIC. All semen doses supplied and not returned unopened may be charged for. In the event of supplies not being sufficient the Client is to notify the local AB group Technician as soon as the shortage is apparent. The AB Technician will obtain extra supplies or do the inseminations at the DIY charge rate. 54. The Client acknowledges and agrees that LIC may conduct trials of fresh or frozen semen products and/or services as part of its supply of commercial semen product and/or services during a Season. The Client acknowledges that such trials may be conducted without the Client’s knowledge and are required in order for LIC to continue to advance LIC’s artificial breeding and genetics programme and LIC shall use reasonable endeavours to limit any material adverse effect that any such trial may have on the Client. Notwithstanding any of the foregoing, LIC shall not in any way be liable for any loss caused to the Client or any third party in respect of such trials. 55. LIC will endeavour to provide a condensed group service that will operate for at least 42 days in each of the dairying areas it services. If an individual Client is not able to obtain a full 42 days of service no reduction in fees will be given. No guarantee can be given that a condensed group service will be available at any set time or in any particular area. 56. Clients using the Technician service are required to advise the AB Technician when service is required. 57. When Clients purchase nominated (Alpha Nominated or any other brand) semen from LIC, liability to pay for the semen arises when the semen is transferred from LIC central storage into the semen storage container being used by the AB Technician or for despatch. No cancellation can be made within 30 days of the Client’s Artificial Breeding start date. 58. No refund shall be made on any semen and/or liquid nitrogen remaining unused at the end of the mating season. 59. When LIC purchases semen on behalf of a Client from another supplier, LIC accepts no responsibility for any losses from any cause whatsoever, including but not limited to breakage of straws and deterioration or loss of straws while being stored in LIC’s bulk store, or while being stored or transported in a LIC field deep freeze bank.

2012 SERVICES CATALOGUE


(c)

than a director or an officer, employee or agent of the Client, acting in that capacity) (Transferee) in circumstances where:

Semen storage maintenance and disposal 61. (a)

(b)

(c)

(d)

When semen, embryos and/or a semen storage bank is being stored by LIC it is accepted at owner’s risk only. “Owner’s Risk” means the receipt, custody and delivery of the property and any handling thereof is undertaken by LIC on the basis that the Client carries the full risk of liability, with no recourse to LIC.

(ii)

the Offspring will or may be mated with animals that are not ordinarily in the Client’s Herd or the Transferee’s Herd;

the storage charge invoiced to the Client by LIC remains unpaid for more than 90 days; or

(ii)

the owner of the semen is either unable to be identified or located by LIC for more than 180 days following endeavours by LIC to identify or locate;

(a)

does not prevent the use of the Offspring for natural matings with animals ordinarily in the Client’s own Herd; and

LIC reserves the right to dispose of such semen by whatever means it considers to be appropriate, with the net realized value of the product disposed of (if any) to be set-off against any monies owing by the Client to LIC. Where the disposal is triggered pursuant to sub-clause (i) above LIC will account to the owner for the net realised value of the product disposed of (if any) within 30 days of the completion of its disposal. In this clause only “disposal” means sale, gift or destruction.

(b)

applies irrespective of the means by which the Client came into possession or control of any LIC Semen, Offspring or semen from Offspring;

The Client fully indemnifies LIC against all liability arising out of or flowing from LIC exercising the right of disposal conferred upon it by clause 61(b). Where semen is stored by the Client whether on the Client’s own account or on behalf of other party(s), the supply of liquid nitrogen by LIC is strictly upon the condition that the Client is solely responsible for checking: (i)

the sufficiency of the supply of liquid nitrogen delivered by LIC;

(ii)

the proper type and functional status of the semen storage bank or container into which supply by LIC is made;

(i)

the straw in which the semen is held is damaged;

(ii)

the semen presents a risk or possible risk of escape or contamination; and/or;

62. The Client must not, except with LIC’s prior written permission, directly or indirectly: advertise for sale or supply, or sell or otherwise supply, or collect, deal in or use in any way for any purpose, any semen from any Offspring; or use the Offspring or allow the Offspring to be used in circumstances where: (i)

the Offspring are used or may be used for the collection of semen; or

(ii)

the Offspring are or may be mated with animals that are not ordinarily in the Client’s Herd; or

61

This restraint, which:

is reasonably required to protect the value and viability of the LIC artificial breeding and genetics programme, which represents a substantial and long term investment in capital, research and development, and sire proving, and which is of strategic importance to the New Zealand dairy industry. 63. (a)

The Client acknowledges that LIC is the sole proprietor (or authorised licensee) of all intellectual property rights contained in all LIC Semen.

(b)

When supplying the Client with LIC Semen, LIC grants to the Client a non-assignable, non-exclusive one-off licence (such licence otherwise on usual industry terms) for the sole purpose of the artificial insemination of animals ordinarily in the Client’s own Herd and the Client will not provide, procure or permit the use of, access to or possession of such LIC Semen by any other person (other than a director or an officer, employee or agent of the Client acting in that capacity).

(c)

The Client undertakes that the LIC Semen will not be used for any purpose other than the artificial insemination of animals ordinarily in the Client’s Herd and the Client further undertakes that the Client will not provide, procure or permit the use of, access to or possession or such semen by any other person (other than a director or an officer, employee or agent of the Client acting in that capacity).

(d)

The Client shall not, except with LIC’s prior written permission, source, purchase or acquire any LIC Semen from any person who is not LIC, an authorised agent or distributor of LIC or otherwise deal in or use in any way for any purpose any LIC Semen sourced, purchased or acquired from such a person.

(e)

The Client agrees to continuously indemnify LIC for all losses whatsoever caused to LIC, arising out of or flowing from the Client’s breach of all or any part of clause 62 and/ or 63 of these Service Rules.

LIC may without notice to the Client destroy or otherwise dispose of any semen stored on the Client’s behalf where LIC considers (in LIC’s absolute discretion):

Intellectual Property

(b)

the Offspring will or may be used for the collection of semen; or

(i)

(iii) the semen or straw in which it the semen is held is or may be in breach of or is likely to become in breach of any relevant quarantine rule or procedure imposed by LIC or any other authority.

(a)

(i)

without first entering into a written agreement with the Transferee in the form set out in Schedule 1 to these Service Rules. The Client must send the original agreement to LIC within 14 days of entering into it.

Where LIC has been storing semen for a Client and:

(iii) that adequate levels of liquid nitrogen are at all times maintained in the storage bank or container between deliveries of liquid nitrogen by LIC. (e)

provide access to or possession of or dispose of the Offspring (whether born or unborn) to any person (other

Sire Proving Scheme (SPS) 64. A Client may participate each year in the LIC Sire Proving Scheme by applying for membership on the prescribed form and agreeing to the relevant LIC Sire Proving Scheme Terms of Trade. If LIC accepts the Member’s application then the Member shall be contractually bound by the relevant year’s Sire Proving Scheme Terms of Trade.

2012 SERVICES CATALOGUE

CONDITION AND SERVICE RULES

60. To enable LIC to monitor traits which may be of genetic origin, Clients should notify Livestock Selection at LIC immediately in writing of any abnormalities in calving dates, condition of calves born or other unusual features.


GeneMark DNA Service

CONDITION AND SERVICE RULES

62

The GeneMark DNA Service will be provided by LIC upon the terms of this section of the Service Rules and otherwise upon such further conditions as LIC may issue from time to time, provided that in the event of inconsistency these Service Rules shall be paramount. 65 A Client’s request for DNA Analysis on one or more of their animals (including cows, calves, bulls and the equivalent for other species) must be on, and will be subject to, the appropriate GeneMark DNA Request form provided that these and Service Rules shall be paramount. 66. Clients are responsible for ensuring that: (a)

Within the areas of their involvement and control the procedures as notified by LIC for the relevant GeneMark service are followed.

(b)

All animals to be DNA analysed are to be clearly identified by being branded, ear tagged with numbers up to four digits, or tagged with a valid birth identification, whereby each animal is individually and uniquely numbered.

(c)

(a)

GeneMark information (including any results, DNA profiles and other information derived from providing the GeneMark service) is owned by LIC and not the Client.

(b)

All DNA profiles derived from the samples comprising GeneMark may be incorporated into the LIC database, and may be used for research and/or business purposes.

(c)

LIC will not provide GeneMark raw data, DNA marker information or DNA profiles to Clients.

72. The Client makes the following warranties and acknowledgements to LIC each time the Client or the Client’s agent completes a GeneMark DNA Request form requesting GeneMark service or otherwise requests that LIC undertake a GeneMark service: (a)

the Client or the party that has signed the order form (or otherwise requested the GeneMark service) for or on behalf of the Client is authorised to order the GeneMark service from LIC;

(b)

LIC is irrevocably authorised to retain and use each sample taken for the primary purpose of the GeneMark service for research and/or other business purposes of LIC (Secondary Purpose) if the appropriate box on the GeneMark Request form is not ticked. However if such box is ticked LIC will (unless otherwise agreed in writing with the Client) destroy the sample, in accordance with LIC’s standard sample destruction procedures, without further reference to the Client.

(c)

LIC will own all the intellectual property arising out of or flowing from the Secondary Purpose, with no residual rights or entitlements held or claimable by the Client.

(d)

Notwithstanding clause 72(b) LIC may retain any sample held by LIC for a period of 6 months after completion of the final GeneMark Service undertaken in respect of that sample, but shall not be under any obligation to hold any sample for any period of time after the provision of any GeneMark result.

Samples for analysis are to be collected in accordance with the GeneMark DNA Request form issued to Clients by LIC or its approved agents.

67. Upon receipt of the animal samples LIC will: (a)

log the animal sample into the GeneMark sample tracking database; and

(b)

subject to the Client providing all required information, submit the animal samples to GeneMark testing.

68. LIC will notify the results of each GeneMark service to the Client or whether additional samples are required to complete analysis and/or to otherwise provide the Client with GeneMark results. If the Client considers there to be a need for further analysis it will be at the Client’s cost. 69. (a)

Notwithstanding clause 69(b) if LIC is satisfied at its discretion that the GeneMark result or the analysis result from a third party genotyping service is more reliable than

73. (a)

LIC will not be responsible where DNA analysis by GeneMark returns no result or is incorrect due to inadequate or otherwise compromised sample quality or integrity occurring prior to receipt by LIC or inaccurate information being provided by the Client or any third party and notwithstanding that no result was returned or that the result was incorrect, the Client will pay all GeneMark fees associated with any such analysis.

(b)

Where LIC can not, or otherwise will not, for any reason perform any test requested by the Client, LIC will notify the Client of the same and will hold the relevant samples provided by the Client for a period of 10 days after such notification. After that 10 day period the samples will be destroyed without further reference to the Client. However if prior to the expiry of that period the Client requests the return of the samples, LIC will return the samples to the Client at the cost of the Client.

74. (a)

Whilst DNA analysis is more accurate than other conventional methods of data collection and analyses, the Client acknowledges and agrees that because of the technology and methodologies involved it is not completely error free and LIC does not guarantee or provide any warranty that the results of any GeneMark service are error free or otherwise correct.

the existing LIC database information concerning an animal, it may at its discretion retrospectively alter and overwrite the existing LIC database information for that animal and make any necessary consequential database change(s). (b)

Where an inconsistency against the LIC database occurs as a result of the GeneMark service, a Client may at any time request LIC to undertake a second analysis which will be carried out at the Client’s cost.

70. (a)

LIC will not be under an obligation to notify any party where a database change may affect any current or previous cow bull or other animal (whether living or dead) as a result or consequence of DNA analysis carried out for another party.

(b)

Where the Client has requested GeneMark comparative analysis (such as parentage testing) LIC will be unable to provide a GeneMark result if the relevant DNA profile required for comparative analysis is not in the GeneMark DNA library, and LIC does not warrant that any particular DNA profile is present in the GeneMark DNA library. Subject to the Client providing the relevant samples, submitting a completed a GeneMark DNA Request form, and paying the relevant GeneMark fees the Client may request as a separate transaction DNA profiling of the intended comparison animal for the purpose of adding the DNA profile of the intended comparison animal to the GeneMark DNA library.

71. Whilst the Client is authorised to use and retain the results of any GeneMark service so far as they relate to an animal in the Client’s Herd:

2012 SERVICES CATALOGUE

(b)

Where the Client has requested GeneMark parentage testing services LIC will provide a result on the basis of an identified ‘parentage match’ or no identified ‘parentage match’. The Client acknowledges that a parentage match means that the DNA profiles of both the parent and progeny identified in the results are sufficiently consistent with each other for LIC to form the view, based on the information provided by the Client and other third parties and the


Statutory Licensing 75. From time to time LIC may make available a service to the Client where information regarding animal health and animal treatments is provided to the Client and/or any other person. The provision of such information is on the following basis: (a)

(b)

(c)

The Client acknowledges that LIC as an institution has no professional qualifications or appropriate registration of any particular occupation, including (without limitation) that of a veterinary practitioner, and LIC does not give veterinary advice of any kind or nature; The Client undertakes that in using any LIC product and/or service, the Client will only use any particular product and/ or service (as applicable) in accordance with appropriate professional advice from any relevant professional or adviser including (without limitation) that of a veterinary practitioner; and

Educational Summaries 79. LIC may from time to time elect to provide Clients with educational summaries (whether in the form of articles, information sheets, seminars or otherwise), which may include general advice in respect of industry practice or other general farming advice or summaries of selected portions of laws and trade practices regulating a particular area of farming. The provision of such summaries is on the following conditions: (a)

They are general in nature and are not intended to be tailored to a particular situation or circumstance.

(b)

The summaries by their very nature may omit, paraphrase, substitute opinion in lieu of fact, or abridge details of an aspect of the law or trade practice.

(c)

LIC is not advising any particular Client of that Client’s legal obligations, assuming any obligation to advise, or accepting any liability arising from selecting or not selecting any particular law or trade practice to summarise and publish.

(d)

They are not to be relied upon as a substitute for appropriate professional advice, which should always be taken.

(e)

When provided in conjunction with a product or service, and to the extent that the Client is involved in its use or application, the Client has the responsibility to consider and understand the educational summary before such use or application. In this context an educational summary may be in the form of instructions.

By way of addition to and without limiting the provisions of these Service Rules, LIC will not be liable to the Client in any way in respect of the provision of information.

Assignment 76. (a)

The Client shall not assign or purport to assign the Client’s rights or obligations in any product or service or otherwise under these Service Rules without the prior written consent of LIC. Any attempt by the Client to assign its rights other than in accordance with this sub-clause will be deemed void.

(b)

These Service Rules will be binding on and enure for the benefit of LIC and its respective assigns and/or successors.

(c)

LIC may assign or transfer to any third party (the Recipient Party) all or any of its right title and interest in any particular product or service referred to in these Service Rules.

(d)

(e)

Unless expressly excluded in the contract of assignment or transfer contemplated in clause 76(c), the Recipient Party will receive the benefit of the relevant portion of these Service Rules as they apply to any particular product or service assigned or transferred. Upon any assignment and/or succession, references in these Service Rules to LIC will in all instances be deemed to be references to the Recipient Party, but without prejudice to any pre-assignment and/or pre-succession matters between LIC and the Client.

Governing Law and Jurisdiction

63

Product Returns 80. LIC is under no obligation to accept the return of any ordered and fully or partially unused item product. However on a case by case basis LIC may, in its absolute discretion and conditional upon whatever conditions it may wish to impose, accept the return of any fully unused item of product. The Client acknowledges that the above discretion reserved by LIC: (a)

does not constitute a waiver or variation of any term or condition of these Service Rules;

(b)

is not a representation or other contractual inducement that is capable of being relied upon by a Client.

Software Licence 81. In respect of the provision by LIC of any computer software to the Client or the granting of access by LIC to any internet based software application pursuant to a product or service (Software), LIC grants the Client a non-exclusive, non-transferable licence to use that Software for the duration of the product or service, but only for the purposes and in the manner expressly authorised by LIC and on the terms of these Service Rules. 82. The Client acknowledges and agrees:

77. These Service Rules are governed by and must be interpreted in accordance with New Zealand law (exclusive of the United Nations Convention on Contracts for the International Sale of Goods 1980 and the Sale of Goods (United Nations) Convention Act 1994).

(a)

The Client has no proprietary right or interest in any Software provided by LIC pursuant to a product or service;

(b)

Any Software containing LIC logos or other means of identification whether owned by LIC or a third party shall remain the property of LIC or that third party;

78. With respect to all disputes arising under or in connection with these Service Rules, the Client:

(c)

The Client shall not modify, alter, or make inoperable any feature in, or connect any unauthorised attachments to, the Software provided to the Client by LIC.

(a)

submits to and accepts, generally and unconditionally, the nonexclusive jurisdiction of the Courts of New Zealand; and

(d)

(b)

waives any objection the Client may have now or in the future that any such action or proceedings has been brought in an inconvenient forum.

The Client shall not copy, reproduce, translate, adapt, rent, lease, lend, resell for profit, or distribute the Software and/or associated documentation.

(e)

The Client shall not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form or remove or alter any copyright notices or trademarks contained in or upon the Software and/or associated documentation.

2012 SERVICES CATALOGUE

CONDITION AND SERVICE RULES

testing undertaken, that the identified parent is highly likely to be the parent of the identified progeny. For the avoidance of doubt the Client acknowledges and agrees that LIC does not guarantee or provide any warranty that any identified parent is the parent of any identified progeny.


(f)

64 CONDITION AND SERVICE RULES

(g)

(h)

The Client shall use the Software and associated documentation in accordance with the terms of these Service Rules and any other applicable terms and conditions, including (without limitation) any third party terms and conditions where the Software provided to the Client by LIC is owned by a third party. The Client shall supervise and control the use of the Software and associated documentation in accordance with the terms of these Service Rules and any other applicable terms and conditions. The Client will ensure its employees, sub-contractors and other agents who have authorised access to the Software and associated documentation are made aware of the terms of these Service Rules and any other applicable terms and conditions. That the Software cannot be guaranteed error free, the existence of any errors shall not constitute a breach on the part of LIC and LIC will not be liable for any loss, including any indirect or consequential loss, arising out of a breach of the licence contemplated by these provisions or arising out of the supply of defective Software.

(i)

That the Software and associated documentation are the subject of copyright. The Client shall not at any time permit any act which infringes that copyright.

(j)

The Client shall indemnify LIC fully against all liabilities, costs and expenses which LIC may incur to a third party as a result of the Client’s breach of these Service Rules or any applicable terms and conditions in respect of the Software and associated documentation.

(k)

(l)

84. The Client will be liable to LIC for all loss, liability or damage (including physical, economic and consequential loss or damage) caused to LIC by the Client’s non-compliance with clause 85.

(h)

LIC may amend or vary this clause from time to time. Changes may be notified by posting to the relevant website or by email notification (including attachment to an emailed document). The Client’s continued use following such notification constitutes acceptance of any amendment or variation to these protocols and rules.

(i)

LIC software and/or websites may contain links to other software and/or websites operated by third parties. LIC has no responsibility for the content and functioning of linked software and/or websites.

(j)

The Client will not use Electronic Media for any purpose that is unlawful or in breach of this clause or these Service Rules.

(k)

The Client is prohibited from using or attempting to use Electronic Media in such a way as to disable, damage, gain unauthorised access (by hacking, password mining or other means), or otherwise deliberately interfere with proper functioning, or the use of Electronic Media by third parties.

(l)

All Electronic Media is subject to these Service Rules.

(b)

LIC does not endorse, and accepts no responsibility for, comments or opinions expressed by others in Electronic Media.

(c)

All Electronic Media must contain true and correct name and electronic address details.

(d)

Conduct in breach of generally accepted standards for the relevant part of Electronic Media is prohibited.

(e)

Language or material that is unlawful or in breach of this clause 85 or the Service Rules may be removed by LIC from any system under its control without notice.

(f)

Clients are responsible for ensuring that material contained in Electronic Media does not breach the intellectual property rights (including but not limited to copyright) of any party.

(g)

LIC reserves the right to monitor the content of Electronic Media and may refuse to accept or may remove material from any system under its control that in its sole discretion may be:

2012 SERVICES CATALOGUE

Electronic Media must not be used for: (i)

mass dissemination of duplicative or unsolicited transmissions;

(ii)

breach of the privacy or intellectual property rights of others;

(iii) the handling of tools capable of causing damage to Electronic Media including but not limited to viruses, time bombs, worms, trojan horses, cancelbots and corrupted files; (iv) deceptive or misleading conduct; (v)

unauthorised collection of information from LIC or any third party user of Electronic Media;

(vi) restricting the lawful use and enjoyment of Electronic Media by LIC or any third party user. (m) LIC may terminate or indefinitely suspend the access of a Client to Electronic Media (whether in whole or in part) at any time with or without notice. (n)

LIC has no obligation to deal with or otherwise process or forward any information or material to a third party.

(o)

Electronic Media transmissions are not encrypted, and may be intercepted and seized by third parties. It is the responsibility of the Client to decide whether or not any particular item of content should be transmitted by Electronic Media. LIC makes no representation or warranty that the content of transmissions by Electronic Media are secure.

(p)

LIC may from time to time send Commercial Electronic Messages to the Client. The Client consents to LIC sending Commercial Electronic Messages to the Client and agrees that LIC is not required to include an unsubscribe facility in its Commercial Electronic Messages. The term Commercial Electronic Message has the meaning given to it in the Unsolicited Electronic Messages Act 2007.

85 The rules applying specifically to Electronic Media are: (a)

inaccurate, misleading, redundant or irrelevant to matters under current discussion; Nothing in this clause creates an obligation upon LIC to monitor the content of any Electronic Media.

LIC may include functionality within any Software which enables that Software (with or without the express knowledge of the Client) to supply to LIC information regarding the Client’s hardware, operating system and applications and statistics related to the use of that Software.

83. In the use of internet enabled and email transmissions, and websites (including links to any third party websites) operated by LIC (Electronic Media) the Client will comply with, and as appropriate acknowledge, clause 85.

offensive, defamatory, or abusive;

(ii)

(iii) an invasion of privacy or breach of confidence.

Upon termination or expiry of the licence contemplated by these provisions, the Client or their representative shall destroy any remaining copies of the Software and associated documentation or otherwise return or dispose of such material in the manner directed by LIC.

Electronic Media

(i)

Farm Automation 86. All farm automation products and/or services produced or sold by LIC are subject at all times to these Service Rules to the extent that such farm automation products and/or services are not subject to specific terms of trade. Where farm automation products and/or services are subject to specific terms of trade those terms of trade will apply within the context of these conditions and service rules.


(b)

87. All notices or other communications to be given by LIC under the provisions of these Service Rules will be given at the Client’s last known place of address or such other New Zealand address as the Client may have specified in writing. Notices will be deemed to have been duly given or made: (a)

in the case of a communication by letter, where correctly addressed and stamped, on the second working day after being posted by mail.

(b)

if given by hand, on personal delivery to the Client or to the Client’s last known or specified address.

(c)

in the case of a communication by facsimile or e-mail when transmitted with no indication of incomplete transmission, to the Client’s last known facsimile number or e-mail address.

88. LIC will not be responsible to the Client for any delay or failure in the supply of products and/or services or otherwise in the performance of any of the obligations imposed by these Service Rules, provided that such failure is occasioned by fire, flood, explosion, lightning, windstorm, earthquake, subsidence of soil, failure of machinery or equipment or supply of materials, discontinuity in the supply of power, court order or governmental interference, civil commotion, riot, war, act of terrorism, strikes, labour disturbances, transportation difficulties, labour shortage, natural genetic variations of any living matter or by any cause of like or unlike nature beyond the reasonable control and without the fault or negligence of LIC. 89. (a)

Should any part or provision of these Service Rules be held unenforceable or in conflict with any applicable laws or regulations, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original business purpose of the part or provision in a valid and enforceable manner, and the remainder of the provisions of these Service Rules will remain binding.

(b)

No exercise or failure to exercise or delay in exercising any right or remedy will constitute a waiver by LIC of that or any other right or remedy available to LIC.

(c)

Termination of the supply of any products and/or services will not affect the rights of LIC nor the obligations of the Client that are intended to survive the termination.

(d)

The Client will execute and deliver all documents and do all such acts and things necessary for the proper and complete performance of the Client’s obligations under the provisions of these Service Rules.

(e)

The Client will not circumvent or attempt to circumvent the wording and intent of the provisions of these Service Rules.

(f)

The Client shall not aid, assist, procure or enable (whether by act or omission) any person who is not a Client to do anything that would be a breach of these Service Rules if that person was a Client of LIC.

(g)

The Client shall act in good faith at all times in respect of the production, supply and use of products and/or services and in respect of the provisions of these Service Rules generally.

90. LIC may vary or amend these Service Rules at any time in accordance with the following Rules Amendment Procedure: (a)

In addition to clause 90(a), LIC may amend any Service Rules in force during a Season to which those Service Rules apply by notifying the Client of such amendment (Notification) in one or more of the following ways: (i)

sending notice in writing of a change to the Service Rules to the Client’s last known postal address;

(ii)

providing the Client with a full copy of the amended Service Rules; or

65

(iii) publishing the amended Service Rules on its website. The amended Service Rules shall apply from the date 30 working days from the date of Notification. (c)

Upon Notification, subject to clause 90(e) the Client will have 30 working days to review the amended Service Rules and determine whether it accepts the amended Service Rules, and wishes to continue receiving those products and services ordered from LIC prior to the date of Notification and not yet received by the Client.

(d)

If the Client does not accept the amended Service Rules as set out in the Notification, it may cancel its agreement(s) with LIC to purchase products and/or services by giving notice to LIC in writing, and may cancel any services and/or products already ordered and not yet received, without penalty. Any products received by the Client between the date of Notification and the date of cancellation must be returned to LIC in the same condition in which they were provided to the Client.

(e)

If: (i)

the Client does not give notice to LIC of its rejection of the amended Service Rules within 30 working days after the date of Notification; or

(ii)

the Client receives services after the date of Notification; or

(iii) any products received by the Client between the date of Notification and the date of cancellation are not returned to LIC by the Client in the same condition in which they were provided to the Client; then the Client will be deemed to have accepted the amended Service Rules and will be bound, on a continuing basis, to those amended Service Rules. (f)

If the Client notifies LIC pursuant to either clause 90(a) or clause 90(d) that the Client does not accept the amended Service Rules, the Client shall continue to be bound, on a continuing basis, to the Service Rules in force immediately prior to the date of Publication or Notification (as applicable). If, following such notice from the Client, the Client at any time orders, uses or otherwise comes into possession of any products and/or services produced or sold by LIC, the Client shall from that time be bound, on a continuing basis, to LIC’s then current Service Rules.

(g)

If the Client accepts or is deemed to have accepted the amended Service Rules the Client is bound by those Service Rules in relation to LIC products and services used by, or in the possession of, the Client at the date the amended Service Rules come into force.

December 2011

LIC may amend the Service Rules to apply for any Season not yet commenced by publishing the amended Service Rules in its Services Catalogue (Publication). The Client acknowledges and agrees that it will be bound, on a continuing basis, to the amended Service Rules published in LIC’s Services Catalogue from the start of the Season to which such Publication relates unless the Client notifies LIC in writing within 30 working days of Publication that it does not accept the amended Service Rules.

2012 SERVICES CATALOGUE

CONDITION AND SERVICE RULES

Miscellaneous


Schedule 1

2.

The benefits provided for in this agreement will inure to the benefit of LIC, and LIC may enforce such benefits under the Contracts (Privity) Act 1982.

3.

This agreement is governed by and shall be construed in accordance with New Zealand law, exclusive of the Sale of Goods (United Nations) Convention Act 1994.

4.

The parties to this agreement irrevocably submit to the exclusive jurisdiction of the courts of New Zealand to hear and determine all disputes arising under or in connection with this agreement.

Agreement with Transferee of Offspring

66

Parties [Insert name of Transferee] (Transferee) [Insert name of Client] (Transferor)

Definitions

CONDITION AND SERVICE RULES

LIC means Livestock Improvement Corporation Limited. LIC Semen means semen produced or supplied (directly or indirectly) by Livestock Improvement Corporation Limited. Offspring means [Insert description of Offspring], being the first generation male offspring of a mating using LIC Semen.

Agreement 1.

The Transferee must not, except with the prior written consent of LIC, directly or indirectly: (a)

advertise for sale or supply, or sell or otherwise supply, or collect, deal in or use in any way for any purpose, any semen from the Offspring; or

(b)

use the Offspring or allow the Offspring to be used in circumstances where: (i) the Offspring are or may be used for the collection of semen; or (ii) the Offspring are mated or may be mated with animals that are not ordinarily in the Transferee’s Herd; or

(c)

provide access to or possession of or dispose of the Offspring (whether born or unborn) to any person (other than a director or an officer, employee or agent of the Transferee acting in that capacity) (Grantee) in circumstances where: (i)

the Offspring will or may be used for the collection of semen; or

(ii)

the Offspring will or may be mated with animals that are not ordinarily in the Transferee’s Herd or the Grantee’s Herd;

without first entering into a written contract with the Grantee duplicating all of the terms of this agreement (including this clause 1(c), to the intent that LIC’s interests will be protected however many times the Offspring may be Granted) and sending such contract to the CEO at LIC at Private Bag 3016, Hamilton, New Zealand or fax (07) 8560615 within 14 days of entering into it. This restraint, which: (a)

does not prevent the use of the Offspring for natural matings with animals ordinarily in the Transferee’s own Herd; and

(b)

applies irrespective of the means by which the Transferee came into possession or control of any semen produced or sold by LIC, the Offspring or any semen from the Offspring;

is reasonably required to protect the value and viability of the LIC artificial breeding and genetics programme, which represents a substantial and long-term investment in capital, research and development, and sire proving, which is of strategic importance to the New Zealand dairy industry.

2012 SERVICES CATALOGUE

Date [To be duly signed by both parties]


LIC SHAREHOLDER COUNCIL

67

Michael Cook Far North / Whangarei F 09 405 9567 P 09 405 9567 M 021 471 322 E powerfarms@maxnet.co.nz

Jeanette Quin King Country F 07 872 7978 P 07 872 7978 M 027 458 5564 E djquin@farmside.co.nz

Neville Porteous Dargaville / Warkworth P 09 431 2455 M 0274 990 838 E nevilleainsley@farmside.co.nz

David Beuth Central Plateau F 07 332 5882 P 07 332 5882 E beuth@xtra.co.nz

Ian Storey South Auckland F 07 824 4141 P 07 824 4140 M 027 482 6494 E ianstorey@xtra.co.nz

Gerard Van Beek Bay of Plenty / East Coast F 07 308 6474 M 027 444 4940 E nassau@xtra.co.nz

Jenny Morrison (Chair) Hauraki Plains / Coromandel F 07 864 7861 P 07 864 7861 M 027 316 1384 E hikuai.valley@paradise.net.nz Gary Stokes West Waikato / Waipa F 07 824 3604 P 07 824 3601 M 021 351 112 E g.stokes@xtra.co.nz Peter Le Heron East Waikato F 07 887 2618 P 07 887 2619 M 027 492 2958 E ardeafarms@farmside.co.nz Richard Syme South Waikato P 07 884 4544 M 027 504 4799 E symeag@gmail.com

Neil Barnes North Taranaki F 06 758 7947 P 06 758 7947 M 027 452 5496 megz_neil@hotmail.com Bede Kissick Coastal / South Taranaki P 06 274 5818 M 027 458 9920 E bede.shirley@xtra.co.nz Gordon Glentworth South Taranaki F 06 764 6704 P 06 764 6704 M 021 536 928 E Glentworh@xtra.co.nz Christine Finnigan Manawatu / Rangitikei F 06 329 7822 P 06 329 7822 M 027 230 5032 E cfinnigan@xtra.co.nz

Jim Galloway Hawkes Bay / Manawatu F 06 375 8909 M 027 362 5755 M jim.nette@xtra.co.nz Fraser Macbeth Tasman / Marlborough F 03 522 4699 P 03 523 8833 E fraser62@hotmail.co.nz Ron Monk West Coast F 03 755 6043 P 03 755 6041 E hawthorn4grove@xtra.co.nz Emlyn Francis Canterbury P 03 315 8208 M 0274 718 472 E e.hfrancis@amuri.net John Van Polanen South Canterbury / North Otago F 03 302 4878 P 03 302 4874 M 027 440 7036 E jvanp@xtra.co.nz Hamish Anderson Otago / North Southland F 03 418 2806 P 03 418 2803 M 027 438 5590 E hamdor@xtra.co.nz John Dowdle Southland F 03 235 2266 P 03 235 2266 M 027 621 4444 E jdsja@woosh.co.nz

LIC BOARD DIRECTORS Murray Jagger Northern F 09 434 0747 P 09 434 0947 M 021 243 1347 E murrayjagger@clear.net.nz

Bryan Guy Central F 06 323 4189 P 06 323 7801 M 027 443 4644 E bryan.guy@xtra.co.nz

Stuart Bay (Chair) Midland F 07 884 6731 P 07 884 6730 M 021 738 571 E stuart.bay@xtra.co.nz

Murray King Southern F 03 544 8465 P 03 544 2409 M 021 684 901 E kingsway@ts.co.nz

Ted Coats Midland F 04 239 8241 P 027 497 7537 E ted@waiohotu.com

Alvin Reid Southern F 03 615 8363 P 03 615 9569 M 027 432 7559 E reidaj@xtra.co.nz

Steve Poole Central F 06 272 6444 P 06 272 6444 E smmj.poole2@xnet.co.nz

Jason Dale Independent Director F 09 630 7552 P 021 359 017 Jason_dale@xtra.co.nz Phil Lough Independent Director F 03 544 6861 P 03 544 7868 M 027 442 5447 E pvlough@xtra.co.nz Jay Waldvogel Independent Director P 07 856 0549* E waldvogel@wwt.net *LIC Office contact for Jay Waldvolgel

2012 SERVICES CATALOGUE

CONDITION AND SERVICE RULES

SHAREHOLDER COUNCILLOR


2012 SERVICES CATALOGUE


www.lic.co.nz Private Bag 3016, Hamilton 3240 Cnr Ruakura and Morrinsville Roads, Newstead, Hamilton 3284, New Zealand Telephone: 0800 651 156 | +64 7 856 0700 Facsimile: +64 7 858 2741

2012 LIC Products & Services Catalogue  

LIC Products & Services Catalogue

Read more
Read more
Similar to
Popular now
Just for you