SOUTH WEST SEEDS

GENERAL CONDITIONS OF SALE

Clause 1: Application of Conditions

1. The seller is South West Seeds who contract on these conditions of sale. Any additions, alterations or deletions to these conditions of sale will not be accepted unless they are accepted by the seller in writing
2. The giving or sending us an order constitutes an acceptance of these terms by the purchaser who, if he does not accept these terms must return the goods forthwith.

Clause 2: Seed Standards

1. All information concerning the goods whether contained in advertisements, catalogues or given by the employees or agents of the seller are given for general guidance only. (Variation in local or climatic conditions could render such information inaccurate). The buyer is advised that any such information given to them does not constitute a representation by the seller and should not be relied on as such. The buyer should satisfy himself that any goods which he orders are of a variety and performance satisfactory for his requirements and so orders such goods at his own risk
2. All seeds sold by the seller comply at the time of delivery with either (i) the UK seeds regulations currently in force and or (ii) the minimum standards of the EEC Seeds Directive unless otherwise stated. With the exception of Basic and CI cereal seed, all seeds are offered and sold for the production of consumer crops and not for the production of seed. No responsibility whatsoever can be accepted for any seed crops produced.

Clause 3: Availability of Goods

Orders are accepted by the seller subject to goods of the contract description being available to the seller at the time of delivery required. In the event that the sellers production contracts with third parties to not produce sufficient quantities of the required quality goods of the contract description to meet the sellers requirements the seller shall not be under any obligation to purchase such goods from alternative sources of supply.

If the seller has insufficient goods of the contract description available to meet all its requirements, the seller shall be entitled to allocate such goods as are available to it to such buyer or buyers as it shall in its absolute discretion determine of in the case of a grass mixture to alter the contents of such mixture. If we are unable to supply the variety ordered we will usually send the nearest available unless instructed to the contrary.

Clause 4: Force Majeure

We shall not be responsible for any delay in deliveries of the goods or any part thereof occasioned by any Act of God, action by Government strike, lock-out, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, failure of crop, fuel storage, loss and/or detention at sea, or any other contingency beyond our control. Should any of the goods be rendered unfit for delivery by reason of any of the above acts the Contract so far as it relates to those goods shall be deemed to be discharged.

Clause 5: Price and Price Variation

1. All prices are quoted exclusive of VAT and are subject to increase to reflect the imposition or increase of any tariff or tax and in the case of imported goods any variation of exchange reaves after the date of acceptance.
2. The price of any variety of seed which has been granted or becomes the subject of a grant of Plant Breeders Rights under the Plant Varieties and Seeds Act 1964 may be increased by the amount of any royalty payable under such rights.
3. These processes have been on the latest costs at the time of going to press, and offers are subject to out-run of our or our suppliers crops and/or being unsold and without engagements. Prices are for net weights, bags free and non-returnable, unless otherwise stated. All prices quoted by letter or verbally by personnel or our authorised representatives are subject to alteration without notice. We also reserve the right to alter prices without notice in the event of the imposition of or increase in any tariff or import levy.

Clause 6: Delivery

1. Dates given for delivery are approximate only and shall not be in the essence in relation to delivery dates unless expressly agreed in writing.
2. Unless otherwise agreed delivery is to the buyers place of business or home address in England, Wales or Scotland as notified on the order form. Transport arranged at the sellers option. If it agreed that delivery is made to some other place or in some other manner the seller reserves the right to make an additional charge.
3. Whatever the manner of delivery the seller will not be liable for any acts or omissions whatsoever of the carrier who is employed as an independent contractor nor for any delay howsoever caused, which may occur to goods in transit. If the seed is damaged in transit it is essential that the delivery sheets signed be signed “Damaged in transit”, and the seller be notified in writing within 3 working days.
4. In the event that the buyer refuses or fails to take delivery of the goods or fails to make payment against any instalment delivery of defaults under the terms of this contract the seller shall have the option of cancelling the same and or if possible reselling the goods. The buyer being liable for any losses incurred by the seller thereby.
5. Each delivery or consignment shall stand as a separate contract.

Clause 7: Seed Treatment At Buyers Request

1. Where at the buyers request any treatment whether chemical or otherwise is applied to the seed the sellers liability shall be limited to such treatment being carried out in the correct manner and/or in accordance with the instruction given by the manufacturer of the chemical 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.
2. Where the seeds have been treated with a liquid or powder to control pests or diseases, or have been fumigated or pelleted, the purity and germination percentage is based on tests made before treatment.

Clause 8: Complaints

1. Should part of the whole consignment not be received within 10 days of receipt of advice or despatch or is discovered by a reasonable inspection to be defective/diseased condition, or Is otherwise incorrect the seller must be immediately informed by telephone by the buyer and they the buyer must confirm any complaint in writing within 10 days, time being of the essence.
2. Notwithstanding the foregoing the buyer shall not be entitled to claim or complain for any reason unless the goods have been properly and appropriately stored during the period after arrival at their destination. The buyer must also take all necessary and reasonable measures to mitigate damage or loss without prejudice to any claim of either party.
3. No complaints under these terms and conditions of sale can be considered unless clear proof can be given that the seed grown and alleged to have performed unsatisfactorily was in fact the seed supplied by us and that it was sown on suitably prepared ground treated carefully and correctly throughout and subject only to such conditions as were likely to produce a favourable crop.

Clause 9: Payment

Unless indicated on the sellers acceptance of order all payments are due within 28 days of the date of despatch and made payable to South West Seeds. A credit charge of 8% per annum above based rate from time to time of Bank of England will be made on any outstanding balance of an overdue account. Nevertheless the seller reserves the right to cancel any order or suspend delivery if in the sellers sole option it considers that any of the buyers obligations may not be met.

Clause 10: Property, Risk and Bankruptcy

1. Property in the seed shall not until the full contract price has been paid. Risk will pass on delivery to the buyer irrespective of whether or not the property has also passed.
2. Any amounts outstanding will become immediately due and payable to the seller if the buyer should die or commit an act of bankruptcy or if adjudicated bankrupt or make any arrangement or composition with his creditors or if a limited company shall have a receiver appointed over any assets or have a winding up (except for reconstruction or amalgamation)
3. All as-grown seed will carry a germination test in excess of the legal minimum standard and is for information only. Movement of as-grown seed must be completed by the 31^stOctober for Autumn sown varieties and by 30^th April for Spring sown varieties, unless by prior agreement in writing. South West Seeds reserve the right to charge the premium on any as-grown seed not moved by these dates

Clause 11: Latent Defects

1. 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 hereby 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.
2. Where specially treated or tested seed is offered as assurance is limited to the fact that the treating to the specification quoted has been carried out beyond this assurance we cannot accept any liability.

Clause 12: Sellers Liability

1. In the event of any goods delivered by the seller proving defective then the seller will at its option either:

1. Replace the goods or
2. Refund all payments made to the seller by the buyer for the goods. This will be the sole extend and limit of the sellers obligation in respect of complaints made in accordance with Clause 8

2. The seller excludes all liability whatsoever for

1. Any defects in the goods which could not reasonably have been discovered by the seller prior to delivery and for any defects in the goods occurring without any negligence on the part of the seller
2. All latent defects referred to in Clause 11

3. In any event the sellers liability in respect of the goods shall be limited to a maximum of four times the retail price of the goods supplied.

N.B The price of all goods offered for sale is based on the foregoing limitations upon the sellers liability and would be greater if a more extensive liability were require to be undertaken by the seller.

Clause 13: Law and Jurisdiction

The construction validity and performance of this contract and all matters pertaining there to shall be governed in all respects by English law and subject to the jurisdiction of the English courts.

CONDITIONS OF USE

TERMS AND CONDITIONS

1. Introduction – These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

 

2. Licence to use website – Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only and print pages from the website for your own personal use, subject to the restrictions below and elsewhere in these terms and conditions.

You must not:

1. Republish material from this website (including republication on another website);
2. Sell, rent or sub-license material from the website;
3. Show any material in public;
4. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
5. Edit or otherwise modify any material on the website;
6. Or redistribute material from this website (except content specifically and expressly made available for redistribution such as our newsletter). Where content is specifically made for redistribution, it may only be redistributed.

 

3. Acceptable use – You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use our website to copy, store , host , transmit, send, use , publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 

You must not use our website or transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our expressed written consent.

 

4. Restricted access – Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of the website or indeed our whole website, at our discretion.

If we provide you with a User ID and password to enable you to access restricted areas of our website you must ensure that User ID and password is kept confidential.

 

5. User generated content – In these terms and conditions, “your user content” means material (including without limitation text and images) that you submit to our website, for whatever purpose.

 

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-licence these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, you must not infringe any third parties legal rights, and must not be capable to giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or ever has been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website or stored on our servers, or hosted or published upon our website.

Notwithstanding, our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on our website.

 

6. Limited warranties – We do not warrant the completeness or accuracy of the information published on this website. Nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

7. Limitations and exclusions of liability – Nothing in these terms and conditions will:

 

1. Limit and exclude our or your liability for death or personal injury resulting from negligence;
2. Limit or exclude our or your liability for fraud or fraudulent representation;
3. Limit any of our or your liabilities in a way that is not permitted under applicable law; or
4. Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions:

1. Are subject to the preceding paragraph; and
2. Govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort, (including negligence) and a breach of statutory duty.

 

8. Indemnity – You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

9. Breaches of these terms and conditions – Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

10. Variation – We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure that you are familiar with the current version.

 

11. Assignment – We may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, subcontract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

12. Severability – If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

13. Exclusion of third party rights – These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of your rights in relation to these terms and conditions is not subject to the consent of any third party.

 

14. Entire agreement – These terms and conditions together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of our website, and supercedes all previous agreements in respect of your use of this website.

 

15. Law and jurisdiction – These terms and conditions will be governed by and construed in accordance with English Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts in England and Wales.
16. Copyright - All rights including those in copyright in the content of this website are owned by or controlled for these purposes by South West Seeds (Cornwall) Ltd. Except as otherwise expressly permitted under copyright law or written consent of Evans and Pearce limited, the content of this site may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first obtaining permission. All photographic images, graphs, schematics and illustrations are the included in this copyright statement.

 

17. Cookie Policy - This site uses cookies to store information on your computer. Some of these cookies are essential to make our site work and others help us to improve by giving us some insight into how the site is being used. These cookies are set when you submit a form, log in or interact with the site that goes beyond clicking some simple links. We also use some non-essential cookies to anonymously track visitors or enhance your experience of this site. If you are not happy with this, we won’t set these cookies but some nice features on the site may be unavailable. To control third party cookies you can adjust your browser settings. By using our site you accept the terms of our privacy policy.

 

18. Our details – The full name of our company is South West Seeds (Cornwall) Ltd.

Seeds Direct is a trading name as part of South West Seeds (Cornwall) Ltd.

Our Vat number is 337 17 9929.

Our address is Treswarrow Farm, St Endellion, Port Isaac, Cornwall, PL29 3TN.

We are registered in England and Wales under registration number 06268559.

You can contact us by email to: info@swseeds.co.uk

Our telephone numbers are 01208 881198 and 0845 230 1119.