DAIRYANTIBIOGRAM TERMS of TRADE

 

Abbreviations:

DAB ltd means Dairyantibiogram Limited

DAB providers means Dairyantibiogram limited and the contract laboratory Cognosco.

Veterinary Client means The registered test requesting veterinarian and veterinary business.

General

  1. Customers are deemed to have accepted these terms by registering on this website or by requesting Dairyantibiogram testing.
  2. These terms and our privacy statement may be updated from time to time. We recommend that you regularly visit the site to keep informed on possible updates
  3. Only veterinary businesses with a veterinarian in their employ who is in possession of a valid and current New Zealand Veterinary Council practising certificate may register as a customer and order Dairyantibiogram tests.  Farmers wishing to order tests should request testing through their primary care veterinarian. 

 

Using DAB testing and data

  1. Interpreting Dairyantibiogram MIC data is complex and requires the expertise of veterinarians experienced in the field to understand the laboratory data, its meanings and its limitations, and use it in the context of and in association with other mastitis data, farm and herd information to develop appropriate on farm advice.
  2. Dairyantibiogram is only intended to be requested by veterinarians on behalf of their farmers, and the results should always be interpreted by an experienced veterinarian who has invested time in understanding, and has a good working knowledge of mastitis bacteriology, epidemiology, management and treatment, and antimicrobial susceptibility data.
  3. Dairyantibiogram results should not be used in isolation in the development of farm  advice and plans, including treatment advice and plans.  Dairyantibiogram results should be used in association with other information including knowledge of the individual farm, other mastitis and farm data, individual cow and quarter milk culture data, herd testing data, clinical mastitis records, pharmacokinetic information etc.
  4. Dairyantibiogram results are not a complete census of all bacteria on a farm or in a herd.  Dairyantibiogram testing uses a single bulk milk sample, and so the results reflect that sample and sampling method, and should be interpreted by the veterinarian as such.  Dairyantibiogram results should never be used to declare a farm or herd free of any bacteria or antimicrobial resistance, nor as a determinant of the appropriateness, attractiveness, or value of an animal, animals, herd or farm for sale or for purchase.
  5. As Dairyantibiogram testing is based on sampling, the understanding of a herd’s susceptibility picture and patterns grows with the more samples that are taken and the more tests that are done.  In this way, the usefulness and value of Dairyantibiogram testing increases with the building of a good testing history and multiple results across a season, and across multiple seasons.
  6. The application of veterinary antimicrobial susceptibility information and data to mastitis and antimicrobial resistance management on a dairy farm is a relatively new and developing science.  Advice and information provided around Dairyantibiogram and susceptibility topics is provided in good faith, reflecting current understandings and available data and thinking.  As with all developing areas of science, it is possible and likely that understandings and advice may evolve and change over time as more information becomes available. No warranty is given regarding the appropriateness of this advice or applicability of this advice to any particular situation or farm.  Neither DAB ltd, nor any of its staff or representatives, offer any warranties with such information or advice, nor assume any liability for any loss or damage caused in association with the utility or implementation of such information or advice.
  7. When a test is completed, the veterinary client (veterinarians and veterinary businesses) will be provided with a results report. The report will be owned by the veterinary client and is for specific use by the veterinary client. DAB and the DAB providers will not be liable to any third party who uses or otherwise relies on such report.
  8. At present, there are very few official clinical MIC cut-points that are validated for bovine mastitis treatments.  For this reason, interpretation of susceptibility data is more difficult.  To assist in giving context to the MICs generated in Dairyantibiogram testing, a novel and unique Dairyantibiogram results reporting format has been developed to assist veterinarians.  In the absence of clear official clinical cutpoints, this format contains some extra summarised information which provides some context to the MICs, including some basic representation of the limited pharmacokinetic data that is available for some antibiotic treatments, and also an indication of the distribution of MICs that have been observed across New Zealand.  In addition, the ECOFF concept developed by EUCAST has been applied to historical Dairyantibiogram data to develop Dairyantibiogram specific ECOFF markers that are likely to approximate a point between Wild phenotype  and Non-Wild phenotype populations.  This information is provided in good faith, based on the currently available information to assist veterinary clinicians in their clinical judgement. Veterinarians, however, are encouraged, and should, use their clinical reasoning, pharmacological training, and wider research of current antimicrobial susceptibility knowledge in the scientific literature to make their own assessments of the significance of specific MIC results.
  9. The pharmacokinetic indicators are only intended to approximate levels of antimicrobial active that are likely to be observed in the milk (as indicated in previous limited small scale studies measuring antimicrobial concentrations in milk).  The meaning of the indicators are communicated in the legend on the reporting format.  These indicators should only be used when applying first principles, to estimate if a certain concentration (ie an MIC result) may be achieved in the milk by a specific treatment regime, with the logic and assumption being that ideally this concentration would be met or exceeded for at least some of the treatment period for a treatment to contribute significantly to improving the clinical outcome.  These indicators do not define a result as “resistant” or “susceptible” and should not be interpreted as such.  These indicators and concentration levels should not be overinterpreted or used to categorically define “resistant” or “susceptible” bacteria as they have not been validated in prospective clinical trials of the treatment, relating MIC of pathogen with clinical outcome.

Samples, sampling, and data.

  1. The test requesting veterinarian warrants to the DAB providers that all information provided to the DAB providers is true and correct and that they have complied with all applicable laws and obligations in requesting tests, providing client information and sending samples to the DAB providers.
  2. In requesting a test, the veterinarian and veterinary business (veterinary clients) requesting the test takes full responsibility for the accurateness of the data that is entered into this website and into the test request forms, and warrants that they have the farmer’s permission to request the test, and to give authorisation for Milk test NZ to pass their milk sample to the Dairyantibiogram providers.
  3. Once a test request is submitted, a veterinary client may not cancel an order, without the agreement and consent of the Dairyantibiogram provider.
  4. Where a month has been nominated on the test request for sample collection, The DAB contract laboratory will make all reasonable efforts to request that sample from Milk Test NZ in that month.  However, due to a variety of factors out of the laboratory’s control, it cannot be guaranteed that the sample will be collected in that month, or that the test will be completed within that month.
  5. Only test requests placed in the first 14 days of a month will be eligible for a sample collection request to be placed with Milktest NZ in that same month.  Requests placed after that point will likely have the milk sample requested from Milk test NZ in the following month, or the next month in which a milk sample for that supply number is available if that farm is no longer supplying (ie has dried the herd off).
  6. If a sample is not successfully obtained before a herd is dried off, including in the situation when a second sample is requested due to a no growth on the first sample, the sample will be requested at approximately the start of the next lactation for that herd, when samples again become available.
  7. Processor collected milk samples (tanker samples) are obtained from Milk Test NZ in good faith.  The Dairyantibiogram providers supply the supplier details (Milk processor company supplied, and dairy farm supply number) that are provided by the veterinarian client in the Dairyantiibogram request to Milk Test NZ, and perform the test on the sample returned by Milk Test NZ identified by those details.
  8. The identity, appropriateness and integrity of vet collected samples are the responsibility of the submitting veterinarian.  The submitting veterinarian takes full responsibility to ensure that the sample represents the farm and cows that the susceptibility information is required for, and that the sample is taken and submitted in a condition required for testing, using good clinical practice, avoiding contamination, and that the sample is clearly labelled identifying it.
  9. DAB Ltd and the DAB providers may use, otherwise deal with, or disclose client samples. to highly trusted third providers for the purposes of further testing or providing testing results / reporting data to those selected third providers for additional analysis.
  10. The veterinary client is in agreement that DAB is permitted to use, disclose, transport or otherwise deal with samples.
  11. The veterinary client acknowledges and agrees that where DAB provides samples to third parties for the purposes outlined above, it is not required to advise the client of this, or the results of any additional testing that is carried out. DAB is expressly released from this obligation by the veterinary client.
  12. DAB Ltd may use or disclose the milk samples, test results or reporting data related to these samples and test results for analysis, programmes, reports or surveillance activities of interest (including but not limited to scientific, industry, clinical, governmental or trade related interest) to select highly trusted third party providers either on a deidentified basis, or in association with a data sharing and protection agreement.
  13. The requesting veterinary client agrees that DAB Ltd and the DAB providers have permission to use, disclose or otherwise deal with the information in clause 18-21 above. The veterinary client grants DAB Ltd, a perpetual, non-exclusive, sub-licensable royalty free licence to use, disclose or otherwise deal with such information including for supplying the testing services, and for improving the DAB services and support and educational activities and for analytical purposes by DAB Ltd and trusted third party providers. The client warrants that it has the right to grant such licence and indemnifies DAB Ltd for any liabilities, expenses or costs suffered or incurred by it as a result of a breach of this warranty.
  14. DAB Ltd is not required to advise the client of its activities in relation to clauses 18-22 above, or the results of any additional testing that may be carried out from time to time. The veterinary client releases DAB of any and all obligations related to this.
  15. All knowledge, IP, information and data generated or developed by or on behalf of DAB will automatically vest in it and the veterinary client will have no rights to such knowledge, IP, information and data apart from specifically to the individual results report supplied to the veterinary client for the requested DAB test. 

Requesting tests, Pricing and Invoicing

  1. The current test price can be obtained on application by emailing dabcontact@dairyantibiogram.co.nz
  2. By requesting a test, the veterinary business agrees to pay for the test, at the price which is current at the time the test result is reported.
  3. For all tests, the price of the test is the current price which is valid at the time that the test is completed and the results have been reported.
  4. DAB ltd may adjust the price of the test at any time.
  5. Changes to the test price will usually be communicated via a test price notification email sent to the clinic email registered on this site.
  6. The price of a test is for testing one sample, including the situations where both, or alternatively only one of, the species, Staphylococcus aureus and Streptococcus uberis are isolated and identified from that sample.
  7. Where neither Staphylococcus aureus or Streptococcus uberis are isolated from the first bulk milk (tanker) sample, a second sample will be requested and tested at no further charge to the veterinary client.  If this sample returns no growth of either S.aureus or S.uberis, then the test is complete, and No Growth will be reported.
  8. Where one, and only one of the target species (either S.aureus or S.uberis) are isolated and identified from the first sample, a second sample is not requested, and the result for the recovered pathogen is reported, and the result for the non-recovered pathogen is communicated as no-growth on the test report by the absence of a result marker, or a statement to the effect  of pathogen not isolated/recovered.
  9. The submitting veterinarian is responsible for the accuracy of the email address details supplied in the website forms and the test requests.  The emails supplied on the test request forms will be used to send the test results to and non-delivery or delivery to the wrong address where the email address supplied is incorrect is the responsibility of the submitting veterinarian.
  10. DAB will invoice the veterinary client on or around the first business day of each month for the price for tests completed during the previous month.
  11. Payment terms are, (unless otherwise agreed in writing) payment of the invoice in full, without deductions or any set off, is to be made on or before the 20th day of the same month of the invoice date.
  12. Payments must be made by direct credit to the DAB Ltd bank account specified in the invoice.
  13. If payment of the invoice is not received by DAB Ltd in full by the due date, then DAB Ltd may
     

               i) charge the test requesting veterinary clinic interest on the outstanding amount at 1.5% per month (calculated daily)                     until payment is made in full;

               ii) suspend the processing of any further test requests for the requesting veterinary clinic until payment is received in                      full.         
               iii) charge the test requesting veterinary clinic any debt collection and legal costs 

  1. Any disputes regarding the invoice must be raised with DAB Ltd within 10 days of the date of the invoice.
  2. At its sole discretion, DAB Ltd may require payment of the price for testing to be made in full prior to commencing processing a test request.

Liability

  1. To the maximum extent permitted by law, DAB Ltd’s liability in relation to testing services or related activities, whether arising in contract, statute, tort (including negligence) or otherwise, including but not limited to those related to:

               i) loss of profits, rent, business, income, samples, testing results, other data;

               ii) any other consequential, indirect or special loss or damage of any kind; and

               iii) DAB Ltd not advising the veterinary client of testing results or related information provided to trusted third party                           providers, is limited (at DAB Ltd’s election) to either re-performance of the test OR total price of the relevant 
                    individual test paid by the requesting veterinary clinic to DAB ltd.

  1. To the extent the preceding clause (40) does not apply, if DAB Ltd is held liable to the veterinary client or any other person or entity for any reason, the total liability whether arising in contract, tort (including negligence) or otherwise, is limited to an aggregate sum of $2000. This clause is subject to any rights and remedies available under the Consumer Guarantees Act (“CGA”) and Fair Trading Act (“FTA”) that may be available.

 

Website

 

  1. These terms and conditions govern access to and use of this website, which is owned and operated by DAB Ltd. Your access and use is conditional upon your acceptance and compliance with these terms and conditions.
  2. Disclaimer as to content

The content provided on this website is presented in summary form, is general in nature and is provided for informational purposes only. In spite of reasonable efforts to keep the content current, it may become out of date from time to time. The content is intended for the purposes of better understanding certain animal health conditions and treatment options. It is not intended in any way to be a substitute for professional nutritional or veterinary advice.

  1. Exclusion of warranties and liabilities

To the extent permitted by law, DAB Ltd makes no representations or warranties as to the accuracy, reliability, completeness or currency of the content of this website, and the use of the website and its content is at your own risk.

  1. To the extent permitted by law, DAB Ltd disclaims all warranties implied by custom, law or statute. In addition, DAB Ltd does not warrant that the website will operate error free or that this website or its services are free of computer viruses. DAB Ltd accepts no liability for delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this website.
  2. Under no circumstances (including but not limited to an act or omission on the part of DAB Ltd) will DAB Ltd or any of its affiliates be liable for any indirect, incidental, special and/or consequential damage or loss of profits which result from any use or access of, or any inability to use or access, the website or any content. To the fullest extent permitted by law, DAB Ltd's liability for breach of any right which cannot be excluded is limited at the option of DAB Ltd to the following:

in the case of services supplied or offered by DAB Ltd (a) the supply of the services again, or (b) the payment of the cost of having services supplied again.

  1. No responsibility for linked sites

As a resource to users, this website may provide links to other websites. However, because we do not control the content of the other websites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of those linked sites. DAB Ltd does not endorse the content on any third-party websites. DAB Ltd is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

  1. Intellectual property

Copyright and all other intellectual property rights in this website belong to or are licensed to DAB Ltd, and all rights conferred by the law of copyright and by virtue of international copyright conventions are reserved. Documents published by DAB Ltd on the internet may not be copied, without prior written consent, other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Unless otherwise indicated, the brand names, logos and related tag lines on this website are owned by and are the intellectual property of DAB Ltd or its affiliates). The use or misuse of these items, except as permitted by this website, is expressly prohibited.

  1. Jurisdiction issues

DAB Ltd is located in New Zealand. This site is intended for the exclusive use of residents of New Zealand. Access to the content may not be legal by certain persons or in certain countries outside of New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

  1. These Terms of Website Use are governed by New Zealand. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms. You expressly agree that exclusive jurisdiction for any dispute with DAB Ltd, or in any way relating to your use of this site, resides in the courts of New Zealand.
  2. Personal Information Collection Notice

By entering data and information into this website you may be providing personal information to DAB Ltd.  We collect such information for the purposes of providing you your requested DairyAntibiogram test(s) (including requesting, conducting, invoicing and reporting on such DairyAntibiogram test(s) and communications, promotional research, and educational activities in relation to same).

The personal information you provide by completing fields on this site will be disclosed by DAB Ltd to your nominated veterinary clinic and veterinarian, DAB Ltd's DairyAntibiogram contract laboratory (Animal Health Centre Waikato Inc t/a Cognosco), relevant milk processor and milk test company (MilkTest GP Limited) for the purposes of providing you with such a service, and to other trusted third parties.
Such information (and results obtained from tests) may also be used in subsequent statistical and population analysis for the purposes of benchmarking and reporting on DairyAntibiogram test results and for research and scientific investigation. Such data may be utilized and reported on by DAB, including in the public domain – with any reporting always on a de-identified basis.

  1. Where applicable, the Client authorises DAB Ltd to collect, use, disclose and retain personal information about the client or its employees in accordance with DAB Ltd’s privacy statement and these Terms.
  2. For information about how you may access your personal information and seek correction of such information; as well as how to complain about a breach of the New Zealand Privacy Principles and how we will deal with such a complaint you can contact us by email at dabcontact@dairyantibiogram.co.nz
  3. Data, including personal information, may be transferred to a third party in connection with any sale, assignment, or other asset transfer.  In such a case, we will seek assurances that the third party will treat the personal information in accordance with these terms and our privacy statement.
  4. Nothing herein contained shall constitute DAB or its staff members as agents or employees or servants of the veterinary client,but the relationship between DAB Ltd and the veterinary client shall be and remain that of independent contractors.