Terms and Conditions of Business
These conditions shall not apply to any person dealing as a consumer as defined in the Unfair Contract Terms Act 1977, and the statutory rights of a consumer as defined are in no way affected by them.
INVITATION TO TRADE—Nothing in this catalogue shall constitute an offer by the Seller to sell but shall only constitute an invitation to the Buyer to trade, and the Seller reserves the right to refuse to accept any offer from any Buyer in its sole discretion on any order received from a Buyer, and in that event the Seller will immediately notify the Buyer and will return any payments included with the order in full.
STANDARDS—Seeds sold by us are guaranteed to comply at the time of delivery with the UK Seeds Regulations currently in force, and unless otherwise described are “Standard” seeds. All information whether contained in our catalogue or given by our staff and related to varieties, varietal characteristics, resistance to disease or periods of maturity or fitness for any particular purpose or otherwise relating to the performance of goods, is based on our trials reports and descriptions and is given for general guidance only and does not constitute or form a warranty or guarantee. Variation in local climatic conditions can render such information inaccurate. Customers are therefore advised that any such information given to them does not constitute a representation by us as to these matters and should not be relied on as such. Customers should satisfy themselves that any goods which the order are of a variety and performance satisfactory for their requirements and order such goods at their own risk.
LATENT DEFECT—Diseases of plants can be transmitted by the wind, by insects, by animals or by human agencies, and may be seed borne or soil borne. We believe the goods sold to be free from latent defect, but it is not a condition of sale nor do we warrant that any goods sold by us shall be free from such defect, and we will not be responsible in any way for the resultant crop.
LIMITATION OF LIABILITY—In the event of any goods supplied by us not complying with the terms of Contract of Sale, or of any goods proving defective (whether as regards purity of germination or otherwise), we will at our option replace the goods free of charge to the Buyer or will refund all payments made to us by the Buyer in respect of the defective goods, and this will be the limit and the sole extent of our obligation. We hereby exclude all liability whatsoever (whether based on negligence by us or our employees, suppliers, sub-contractors or agents or otherwise) for any loss, expense or damage whether direct or consequential arising in any way whatsoever in connection with any goods supplied by us whether due to any failure in the performance of or any defect in any such goods or otherwise howsoever, save for the liability for such replacement or refund as aforesaid. In accordance with the established custom of the Seed & Horticultural Trade, any express or implied condition, statement or warranty, statutory or otherwise whatsoever not expressly stated in these Terms & Conditions of Business is excluded. The price of all goods sold by us is based upon the foregoing limitations upon our liability and would be much greater if a more extensive liability were required to be undertaken by us.
TREATMENT—(a) Where any treatment whether chemical or otherwise is applied to the goods, the Seller’s liability shall be limited to such treatment being carried out in the correct manner and/or in accordance with the instructions given by the manufacturer in question, and the Seller accepts no responsibility whatsoever for the effectiveness of such treatment or any damage direct or consequential which may result therefrom. In the case of pelleted seed we rely on the expertise of the pelleter and can offer no guarantee beyond that which we receive from him. (b) Where seeds have been treated with a liquid or powder to control pests or diseases, or have been fumigated or pelleted, the purity and germination percentages are based on tests made before the treatment.
COMPLAINTS—No complaint under the terms of these Terms & Conditions of Business can be considered unless clear proof can be given that the goods alleged to have performed unsatisfactorily were in fact the goods supplied by us, and were treated carefully and correctly throughout and subject only to such conditions as were likely to produce favourable results.
DELIVERY—Delivery dates are approximate only and without engagement, but the Seller will endeavour to meet the Buyer’s requirements. In particular the Seller shall not be responsible for delay in delivery or non-delivery of the goods or any part thereof occasioned by an Act of God, action by the Government, strike, lockout, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, failure of any crop, loss and/or detention at sea or any other contingency beyond our control. Should any of the goods be rendered unfit by reason of any of the aforementioned acts, the Seller shall not be responsible for any loss accruing therefrom to the Buyer.
PROPERTY IN GOODS RISK— (a) Until paid for in full, all goods supplied by the Seller remain its property. Until such time as the intending Buyer becomes the owner of the goods, he will store them on his premises separately from his own goods or those of any other person, and in a manner which makes them readily identifiable as the goods of the Seller. The intended Buyer’s right to possession of the goods shall cease if he, not being a Company, commits an available act or bankruptcy or if he, being a Company, does anything or fails to do anything which would entitle a Receiver to take possession of any assets, or which would entitle any person to present a petition for winding-up. The Seller may, for the purpose of recovery of its goods, enter upon any premises where they are stored, or where they are reasonable thought to be stored, and may repossess the same. (b) Risk passes to the Buyer on delivery of the goods.
NON-PAYMENT—The Seller reserves the right to withhold deliveries until all and any outstanding payments by the buyer have been recovered.
BANKRUPTCY—If the Buyer has a Receiver appointed on any of his property or business undertaking, or being an individual trader is adjudicated bankrupt or makes any
composition or scheme of arrangement with his creditors or being a body corporate enters into Liquidation (other than for the purpose of reconstruction of amalgamation) by the making of an order or the passing of a resolution for winding up, then the full price of any goods delivered shall be immediately payable notwithstanding any previous arrangement to the contrary and the Seller shall have the right, without prejudice, to any other rights and remedies available to him to cancel and/or suspend any or further deliveries. If the Buyer fails to make any payment as due, or dies, the rights conferred on the Seller by these Terms and Conditions of Business shall apply provided that within 30 days after becoming aware of the relevant occurrence the Seller gives the Buyer or his representative written notification of the Seller’s intention to exercise all or any of such rights.
ARBITRATION—Any dispute between the parties shall be referred to arbitration in accordance with the rules of the United Kingdom Agricultural Supply Trade Association (UKASTA) and the National Farmers Union NFU).
PLANT VARIETIES & SEEDS ACT 1964 (WITH SUBSEQUENT AMENDMENTS) - The price of any variety which becomes the subject of a grant of Plant Breeders Rights under the Plant Varieties & Seeds Act 1964 (with subsequent amendments) will be adjusted to include the cost of any Royalty payable to the owner of the Rights. If in the case of a variety which is already the subject of Plant Breeders Rights, there is any change in the rate of Royalty payable to the owner of the Rights, the price will be adjusted accordingly.
FLUCTUATIONS IN THE £ - Where the goods are of foreign origin, we reserve the right to adjust the price payable by the Buyer so as to reflect any alteration in the value of the £ Sterling in terms of the currency of origin of the goods between the date of sale and the date of issue of the invoice for the goods sold. We also reserve the right to alter prices without prior notice in the events of the imposition of or increase in any tariff or import levy.
ACCEPTANCE OF TERMS OF BUSINESS—The giving or sending of an order to us constitutes and acceptance of these terms by the Buyer who is deemed to purchase with full knowledge thereof regardless as to whether the goods being the subject of the order are listed in this catalogue or not.
PAYMENT—Unless otherwise indicated on the Seller’s Contract of Sale all payments are due in pounds sterling within thirty days of the date of despatch and are payable at the address on the Seller’s invoice. A credit charge at 2% per month will be made on any outstanding balance of an overdue account at the rate specified on the Contract of Sale form and Invoice, and shall be calculated on a monthly basis. The Seller reserves the right to set off any amount owed by the Buyer to the Seller or its subsidiaries or associated companies. Nevertheless the Seller reserves the right to cancel any order or suspend delivery if in the Seller’s opinion it considers that any of the Buyer’s obligations may not be met. Customers are requested to assist in keeping available costs to a minimum by enclosing cash or quoting Visa Card number with orders for less the £ 50 total value. Cheques, Postal Orders should be made payable to Breeders Seeds Limited and crossed.
FUTURE VARIATION—This catalogue cancels all previous Terms & Conditions of Business and catalogues. Prices have been based on latest costs at the time of going to press, and orders will be accepted subject to outcome of our crops grown by others on our behalf, and/or being unsold and without engagement. Prices are subject to alteration without notice.
SUBSTITUTION—In any case where we are unable to supply the variety ordered we shall be entitled to send what we consider the most suitable alternative unless otherwise requested. If the substituted variety is not acceptable to the Buyer, he must return it unopened to the Seller within 14 days of receipt.
DAMAGE, DELAY OR LOSS IN TRANSIT—Please advise us immediately, and on receipt of all goods inspect carefully. If there is any sign of damage sign “Damaged in Transit” and indicate that a claim will be made. In the case of goods actually delivered damaged, the Sender has to notify the Carrier within 3 days of delivery. Customers are therefore requested to notify us immediately BY TELEPHONE of any good received damaged so that the necessary claim can be made. In cases of non-arrival of goods despatched by carriers other than the Post Office within fourteen days of despatch, advise the Carriers and us. This gives us time to lodge a complaint within the time limit of twenty eight days.
REFERENCES—A Banker’s or other satisfactory trade reference or remittance with order is requested from new customers.
ACKNOWLEDGEMENT OF ORDERS—Orders will be acknowledged and confirmed with the strict understanding that supplies are subject to safe harvest and stock availability at time of despatch.
DEFINITION—’Goods’ unless the context otherwise requires shall in these Terms & Conditions of Business mean seeds, seedlings, plants, bulbs, tubers and other items supplied by the Seller.
HEADINGS—The headings are for ease of reference only and shall not affect the interpretation of these Terms & Conditions of Business.
NEW CUSTOMERS—Cash should accompany orders until credit facilities are established. Credit accounts cannot normally be approved until two satisfactory trade references and bank details are provided.
EXPORT ORDERS—All prices are quoted for supply in the British Isles. All charges incurred in complying with overseas governments’ requirements including Health Test Certificates charged to Buyer’s account. Owing to restrictions placed on some varieties by breeders and the necessity to provide Health Certificates where goods are exported, customers in the British Isles are requested to refer to us if they wish to export goods. Overseas customers are invited to send orders direct to us and they will be advised if there is any reason we cannot supply.
REPRODUCTION OF SEED—All seeds are offered and sold for the production of consumer crops and not for reproduction of seed. No responsibility whatsoever can be accepted for any seed crops produced. Reproduction of seed varieties protected by Plant Breeders Rights may be illegal.
RETURNED SEED—We must reserve the right to refuse to accept the return of surplus seed for credit. If such a return is accepted, it is conditional upon the seed being in sealed, undamaged original packing, and charge will be made to cover the costs of handling, quality control and storage. Authorisation for the return should be sought from our Office before the return is made and the amount of the charge will be made known. Goods which were specially ordered or
produced to order (e.g. special pills, pellets, coated seed or non catalogue items) cannot be returned for credit unless it is alleged that they are not of merchantable quality.
PRICES—Prices include packing and delivery within mainland UK. Please check with our Office for any additional postage costs to other locations.
MINIMUM ORDER VALUE £ 10.00—We regret that we are unable to cover the costs of handling and distribution on smaller orders.