1 ACCEPTANCE OF TERMS
Hurrell & McLean Seeds (“the seller”) will supply you (“the buyer”) with seeds, by way of sale or supply, in accordance with these conditions, which supersede all earlier conditions of the Seller, and any conflicting conditions, express or implied, proposed by the Buyer.
Seed sold by the Seller (which is the subject of this contract) is guaranteed to comply at the time of delivery with the UK Seeds Regulations then in force and applicable. All information whether contained in the Seller’s catalogue or other descriptive material, or given by the Seller’s staff that relates to varieties, varietal characteristics or periods of maturity or fitness for any particular purpose or otherwise relating to the performance of seeds is given for general guidance only and shall not form part of the Contract nor constitute a representation or warranty by the Seller. Furthermore, any information given for general guidance may be rendered inapplicable through variation in local or climatic conditions or the manner of storage or treatment after delivery to the Buyer. The Buyer therefore should satisfy himself that any seeds, which he orders, are of a variety and performance satisfactory for his requirements and order such seeds at his own risk.
For the avoidance of doubt, the Buyer is advised that the Seller’s staff have no authority to give more than general guidance as described above and the Seller disclaims liability for any advice given or opinion expressed by them. Such advice is followed, or such opinion acted upon; entirely at the Buyer’s own risk.
3 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. The Seller believes the seed hereby sold to be free from latent defect, but it is not a condition of the Contract nor does the Seller warrant that any seed sold shall be free from such defect the Seller will not be responsible in any way for the resultant crop.
In accordance with the usual practice of the trade, the Seller reserves the right, in the event the variety ordered is not available, to substitute therefore a suitable alternative variety. If the substituted variety is not acceptable to the Buyer, he must return the goods unopened to the Seller within fourteen days of receipt, when any price paid and transport costs will be refunded in full. This Contract will then be deemed to be cancelled without liability to either party.
5 SEED TREATMENT
(a)Where at the buyer’s request any treatment whether chemical or otherwise is applied to the seed, 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 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 there from.
(b)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 percentages are based on tests made before the treatment.
6 REPRODUCTION OF SEED
All seeds are offered and sold for the production of consumer crops and not for the reproduction of seed. No responsibility whatsoever is accepted for any seed crops produced.
7 LIMITATION OF LIABILITY
(a)The seller warrants that the seed supplied shall be of the species and type specified in the Contract and accepts liability for any damage resulting from any breach of this warranty.
(b)Except as provided above, in the event of any seeds sold not complying with the express terms of Contract, or any seeds proving defective in varietal purity, the Seller will, at his option, replace the defective seeds free of charge to the Buyer or will refund all payments made by the Buyer in respect of the defective seeds and this shall be the limit of the Seller’s obligation. All liability is excluded for any loss or damage arising from the use of any seeds supplied, and for any consequential loss or damage arising out of such use or any failure in the performance of or any defect in the seed supplied and for any other loss or damage including, without prejudice to the totality hereof, any failure total or partial of the resultant crop since such failure can depend on so many natural and other factors beyond the Seller’s control save for at the Seller’s option, liability for any such replacement or refund as aforesaid.
©In accordance with the established custom of the seed trade, any express or implied conditions, statements or warranties, statutory or otherwise, not stated in these conditions is also excluded. The price of any seeds sold or offered for sale is based upon the foregoing limitations upon the Seller’s liability. The price of such seeds would be much greater if a more extensive liability were required to be undertaken.
No complaint can be considered unless clear proof is given that the seed grown and alleged to have performed unsatisfactorily was in fact the seed supplied 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.
9 RETURNED SEED
The acceptance of the return of goods for credit, where such goods are found to be surplus to the requirements of the Buyer, is at the complete discretion of the Seller. In no event will goods be accepted for credit unless, having obtained the Seller’s prior permission, the goods are returned, seals unbroken, in the original packaging and in an otherwise undamaged condition within ten days of obtaining the Seller’s permission, quoting the original invoice number. In these circumstances, the Buyer is responsible for the costs of returning the goods.
(a)Each delivery shall stand as a separate Contract.
(b)The Seller shall not be liable for any delay in the transit of goods howsoever occasioned. Should any goods be rendered unfit for delivery by reason of a contingency beyond the Seller’s control, the Contract so far as it relates to those goods shall be deemed to be cancelled without liability to either party.
©In the case of non-delivery of goods, the Seller must be notified within 10 days of the Buyer receiving notification of despatch or on receipt of the invoice (whichever is the earlier)
11 DAMAGE OR LOSS IN TRANSIT
If goods are damaged in transit or short delivered no responsibility for the damage or short delivery will be accepted by the Seller unless: -
(i)The driver’s copy delivery sheets are signed to the effect the goods were received in a damaged condition or were short delivered: and
(ii)A claim is made in writing to the Carrier and to the Seller within three days of the delivery of the goods.
12 PROPERTY IN GOODS AND RISK
(a)Until paid for in full, all goods supplied by the Seller remain his property
(b)Risk passes to the Buyer on delivery of the goods.
13 TERMS OF PAYMENT
(a)All goods are sold for payment within thirty days of the date of invoice, or the date of delivery of the goods, whichever is the earliest.
(b)In the event that payment in full is not received by the due date, a credit charge of 10% of the total invoice value may be added to the amount due, at the Seller’s discretion.
©The seller shall be entitled to charge interest on overdue accounts calculated at the rate of 2.5% per month from the due date to date of payment, provided that if a credit charge is made pursuant to sub clause (b) of this clause, interest will not be payable in respect of the first 90 days from the date of invoice (or the date of delivery, if earlier)
Any dispute (other than a claim for an unpaid debt) arising out of these Terms and conditions of Sale shall be referred to a single arbitrator to be agreed by the Seller and Buyer, or falling agreement to be nominated by the President of the English Seed Trade Association.
15 GOVERNING LAW
This Contract is governed by the Laws of England and, subject to Clause 14 re Arbitration, the England Courts shall have exclusive jurisdiction to resolve any disputes arising out of it.
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.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
(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 set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available 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 to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express 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 our 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 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-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of 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 has ever 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: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) 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: (a) are subject to the preceding paragraph; and (b) 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 for breach of statutory duty.
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.
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 you are familiar with the current version.
We may transfer, sub-contract 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, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
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 our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(14) Entire agreement
(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 of England and Wales.
(16) Our details
The full name of our company is Hurrells (Hurrel & McLean Seeds Ltd).
Our VAT number is 847272702
We are registered in England & Wales under registration number 03352454
Our address is Beverley Road, Cranswick, Driffield, East Yorkshire, YO25 9PF.
You can contact us by email to firstname.lastname@example.org.
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