Conditions of sale
- Limitation of Liability : AGRICOL (PTY) LTD warrants that this seed conforms to the label description on its container. Save for the aforementioned warranty, no further express or implied warranty or representation of any nature whatsoever is given in relation to the seed, its quality, usages, merchantability, fitness for a particular purpose or otherwise. Without limiting the generality of the aforegoing, no warranty of results or any other type is given in relation to any recommendations for use.
- The exclusive remedy for any breach of the aforementioned warranty shall be limited to a refund of the original purchase price. AGRICOL's liability in relation to the seed shall be limited solely to the aforementioned warranty and specifically exclude any claim in relation to seed that was treated in any way by the Purchaser or any other person. Any liability for any other loss, damages or claims arising from the seed, its quality, supply, delivery or usage, irrespective of the nature, cause or extent thereof, and whether or not arising from the negligence of AGRICOL, is specifically excluded. Without limiting the generality of the aforegoing, AGRICOL shall not be liable under any circumstances for damages which relate to the loss of profits, consequential, punitive, special and/or indirect damages of the purchaser and/or user of the seed or any other person.
- Claims for breach of aforementioned warranty will only be considered if received by AGRICOL by registered mail or by other recorded delivery within 30 days of the date on which the breach was discovered or reasonably should have been discovered.
- The placing of an order and/or taking delivery of an order shall constitute full acceptance of all these conditions of sale.
- Due to market and currency fluctuations, AGRICOL 's seed prices may vary without notice from time to time, and are not fixed and binding on AGRICOL until expressly confirmed to the purchaser. Unless otherwise stated, all prices quoted are ex-warehouse. Orders are accepted in good faith but are subject to stock availability from time to time. The Company shall not be liable for any loss or damage of any nature suffered as a result of its failure to supply or deliver seed for any reason whatsoever.
- Upon delivery of seed to the purchaser or purchaser's transporter, all risks of damage to or loss of the seed from any cause whatsoever shall be immediately transferred to the purchaser. Insurance will be procured by AGRICOL only at the specific request of the purchaser and then upon terms agreed between them.
- Defective or damaged goods must be noted on the delivery note and brought to our attention immediately. No returns will be accepted unless the Company's prior written approval is obtained. All returns of seed supplied in accordance with these conditions will be subject to a 10% handling fee, with the purchaser to bear all transport, re-testing and other costs connected therewith.
- The purchaser, user or any person in possession of this seed acquires no right whatsoever for the resale or use of the seed or its genetics or parental material for any purpose other than for the production of feed or the processing thereof. Unauthorised multiplication and/or sale of or trade in cultivars or varieties for which Plant Breeder's rights have been registered in terms of Act 15 of 1976 is strictly prohibited.
- Seed will be supplied on a cash basis only and remains the property of AGRICOL until fully paid, unless AGRICOL, in its sole discretion, approves the purchase of seed on account, subject to terms and conditions. Any outstanding amount shall accrue interest at the compounded interest rate of 2 % per month calculated from the due date of payment to the date of payment in full.
- Any fees, costs and expenses incurred by AGRICOL in the recovery of any amount due from the purchaser, or the enforcement of any of these conditions against it, including costs on an attorney and own client scale, collection commission and tracing fees, shall be borne by and recoverable from the purchaser.