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TERMS AND CONDITIONS

 

Terms of sale are strictly for cash payment within 30 days unless otherwise specified.  Interest at a rate of 1.25% per month will be charged compound on all invoices unpaid within 30 days.

All sales are made by us subject to the following conditions:

  1. That all terms and conditions of the contract are agreed to be contained or are deemed to be contained in this invoice comprising the condition of sale.
  2. That in the case of sales certified seed the following conditions apply:
    • CERTIFIED SEED: The seed sold is certified seed and the Seller warrants that the seed is certified in accordance with the Department of Agriculture standards.
    • GOOD AGRONOMIC PRACTICE: The seed sold by the Seller is sold on condition that the seed shall be subject to good agronomic practice both as regards its storage and handling prior to its been sown and as to the care given to the subsequent crop.  No claims will be entertained by the Seller in respect of any alleged defect, the cause of which is either outside the scope of representations contained in these conditions or as a result of the application of sub-standard agronomic practice.
    • CHEMICAL DRESSING: The seed sold is treated with chemical dressing, details of which are set out by the manufacturer in the label on the seed packaging.  The Seller gives no representation beyond that, if any, contained on the manufacturer’s label.
    • LIMITATION OF LIABILITY:

      • In the event of crop failure caused by defect in the seed, the Seller’s liability shall be limited to replacing the seed together with a payment to the customer/grower equivalent to the cost of resowing the crop.

      • Subject to the terms of Section 55 (1), the provisions of Section 12,13 and 14 of the Sale of Goods Act, 1983 and 1980 shall not apply to seed sold by the Seller.

    • DELAY: The Seller shall not be liable for any delay or the consequences of any delay in the delivery of any seed or the performance of any order if such delay should be due to fire, strike, lock-out or dispute with employees, inability to obtain supplies or any cause whatsoever beyond the Seller’s control.
    • RISK: Risk of damage to or loss of the seed shall pass to the customer when the seed is delivered to or collected by the customer.
    • The property in the goods shall remain in the Seller until the Seller has received payment in full for all sums due and owing on any account by the Buyer. 
    • If the Buyer shall sell or otherwise dispose of the goods before payment in full as aforesaid has been made to the Seller, the Buyer shall in such case hold all monies received by him from such sale or disposal in trust for the Seller with the names and addresses of the persons to whom such disposals have been made together with all necessary particulars to enable the Seller to recover any outstanding sums due from such persons.
    • So long as the property in the goods shall remain in the Seller, the Buyer shall hold the goods so as to clearly show them to be the property of the Seller, and the Seller shall have the right, without prejudice to the obligations of the Buyer to purchase the goods, to retake possession of the goods (and for the purpose to go upon any premises occupied by the Buyer).
    • Nothing in this clause shall confer any right upon the Buyer to return the goods. The Seller may maintain an action for the price notwithstanding that property in the goods shall not have vested in the Buyer.
  4. That any express or implied condition, statement, guarantee or warranty, statutory or otherwise, not stated herein is hereby expressly excluded.
  5. All claims for shortage or damage must be notified to us in writing within 7 days from receipt of goods and carriers notified immediately. Claims cannot be entertained otherwise.
  6. The undermentioned goods will be supplied subject only to the conditions herein contained which should be carefully read by the purchaser. Failing acceptance of the conditions, the goods must on receipt be returned to us forthwith, carriage forward, which we will pay.
  7. RIGHT OF SET-OFF: The Company reserves the right to set-off any amount due for goods purchased by the Company against any amount due for payment to the Company.
  8. RIGHT OF CANCELLATION:
    • If the other party being the Buyer fails to make payment to the Company, has a receiver appointed or a winding up is commenced or the Buyer (being an individual), has a receiving order made against him or enters into any composition or arrangement with his creditors or if there shall be any breach by the Buyer of any of these conditions, the Company may cancel or refuse to make any further deliveries of goods.
    • If the other party being the Seller, becomes bankrupt or makes any arrangement with his creditors or being a Company goes into liquidation either voluntarily or compulsorily, the Company may by notice in writing, cancel its order.