Company Policy: TERMS AND CONDITIONS OF SALES
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 delays indicated in our Shipping policy, after 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.
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.
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.
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.
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.
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.