1. DELIVERY
Unless otherwise agreed in advance,
seller will endeavour to deliver the
goods by the way which seller deem 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. Retail mail orders will be sent
by express mail or air parcel post within
24 hours of receiving cleared payment
from customers.
2. USE OF SEED
All the seed is sold for the crop of
horticultural and/or agricultural crop
only. It is expressively forbidden to
use the seeds for multiplication or
reproduction purposes. No responsibility,
whatsoever, will be accepted for any
seeds reproduced.
3. DELIVERY DUTY
Advanced orders for the seeds where
seed crops have not yet been received
by the seller are booked subject to
the description 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 prorata or will be dismissed
from his delivery duty in case of total
crop failure.
4. PROPERTY RIGHT
The seller remains an owner of the goods
until full payment has been made.
5. COMPLAINTS
Any claims for quantity and appearance
of seeds shall be submitted within 6
working days from the receipt of the
seeds. Any claims for the contents of
invoice shall be submitted within 6
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, and 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 favourable
crop.
6. NON-PAYMENT
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 payment has not been made. If
the buyer does not make full payment
within a period agreed upon, interest
is charged at 1.5% per month.
7.
SOLVENCY
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.
8.
LATENT DEFECT
Diseases of plants can be transmitted
by the 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.
9.
FORCE MAJEURE
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.
10.
INSURANCE
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.
11.
PRODUCT DESCRIPTIONS
Descriptions, illustrations and/or
photographs shown in catalogues, leaflets
and/or any documents are based upon
the results obtained under favourable
conditions. Identical results are not
guaranteed nor implied for all growing
conditions.
12. DISEASE AND/OR
PEST RESISTANCE
Resistance, tolerance and susceptibility
claimed by the seller in the descriptions
of the varieties are based upon the
results obtained under conditions and
with strains of pathogens available
in the local breeding conditions. The
seller does not guarantee identical
results when the seeds are grown under
different conditions.
13. QUALITY
Quality of seeds (Purity/Germination)
are guaranteed to meet ISTA (International
Seed Testing Association) standards
for each species.
14. CERTIFICATES
AND DOCUMENTS
For each order, the Company will provide
standard export documents such as Phytosanitary
certificate, packing list and invoice
for custom purpose. It is the responsibility
of the buyer to request additional certificates
such as Non-GMO certificate or seed
treatment certificates, if the regulation
of the destination country request them.
15. OTHER CONDITIONS
Conditions not stipulated in the
terms and conditions of sales are subject
to the FIS/Ruspo rules.
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