Terms and Conditions
Unless otherwise agreed in advance, seller will endeavour to delivery the goods by the way which seller deems to be best. The seller will not take responsibility for any delay or loss after the goods have left seller’s warehouse or stock depot.
Use of seeds
All the seeds sold for the purpose of horticultural and/or agricultural crop only. It is expressly forbidden to use the seeds for multiplication or reproduction purposes. No responsibility whatsoever, will be accepted or any seeds reproduced.
Advanced orders for the seeds where seed crops have not yet been received by the seller are booked subject to the restriction of an average yield of standard germinating seeds and quality standards. Should the yield be lower than average, the seller has the right to deliver pro rata or will be dismissed from his delivery duty in case of total crop failure.
The seller remains an owner of the goods until full payment has been made.
Any claims for quantity and appearance of seeds shall be submitted within 7 working days from the receipt of the seeds. Any claims for the contents of invoice shall be submitted within 7 working days from the receipt of the seeds. Any claims for germination and physical purity have to be submitted within 30 days from the receipt of the seeds.
Complaints about varietal purity of the seeds supplied must be made as soon as possible, in any case, at the point of time that the crop can still be examined in the field by both parties. No complaint can be considered unless clear proof can be given that the seed grown and alleged to have performed unsatisfactory was in fact the seed supplied by the seller and that it was sown on suitably prepared ground, including soil and any type of growing medium, treated carefully and correctly throughout and subject only to such conditions as were likely to produce a favorable crop.
The seller reserves the right to withhold deliveries until all and any outstanding payments have been received and reserve a lien upon and the right to sell or otherwise dispose of all the goods for which payments have not been made.
Condition for the delivery duty is that the buyer has an unconditional solvency. If the seller receives before shipment, any information from a bank, credit office or any other reliable source which leads the seller to believe the buyer’s solvency is at risk, the seller has the right to demand security for payment or to cancel the shipment.
Diseases of plants can be transmitted by wind, insects, animals or by humans and may be seed borne or soil borne. It is not a condition of sale nor do we warrant that any seed sold by the seller shall be free from such a deficiency and the seller will not be responsible in any way for the resultant crop.
The seller shall not be responsible for any delay of goods or any part thereof, caused by any act of God, action by any government, strike, lockout, combination of workers, riot or civil commotion, breakdown of machinery, power failure, fire, crop failures grown by the seller or on the seller’s behalf and/or any other contingency beyond the control of the seller.
Unless otherwise agreed upon in advance, the seller will insure the goods, at the cost of the buyer, for the damage in the transportation under the seller’s open policy.
Descriptions, illustrations and/or photographs shown in websites, catalogs, leaflets and/or any other documents are based upon the results obtained under favourable conditions. Identical results are not guaranteed nor implied for all growing conditions.
Conditions not stipulated in the terms and conditions of sale are subject to the International Seed Federation (ISF) Rules and Usages for the Trade in Seeds for Sowing Purpose.
Limitation of liability
All seeds we sell are properly cleaned, dried and graded up to our international standard, and the germination and purity are tested at our laboratory before the shipment. However, in view of the nature of merchandise and in accordance with universal custom of the seed trade, WE HAVE NO WARRANTY OF MERCHANT ABILITY , FITNESS FOR PURPOSE OR OTHER WARRANTY, EXPRESS OR IMPLIED. No claim or liability shall be asserted unless the buyer or user shall have reported within a reasonable period as stipulated under clause-“Complaints” of terms and conditions.
OUR LIABILITY IS LIMITED IN AMOUNT TO THE PURCHASE PRICE OF THE SEEDS, WHETHER ARISING FROM CONTRACT, NEGLIGENCE, WARRANTY, OR ANY OTHER CAUSE. WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.