Shine Brand Seeds (“the Seller”) will supply you (“the Buyer”) with seeds, by way of sale or supply, by these conditions which replace all earlier conditions of the seller, and any adverse conditions, express or implied, proposed by the Buyer.
Seeds sold by the seller (which is the subject of this Contract) are guaranteed to comply at the time of delivery with the National Seed Association of India that 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 him/herself 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.
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 and the Seller will not be responsible in any way for the resultant crop
By the usual practice of the trade, the Seller reserves the right, in the event the variety ordered is not available, to substitute therefor 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 ofreceipt, when any price paid and transported costs will be refunded in full. This Contract will then be deemed to be cancelled without liability to either party.
In spite of anything to the converse, we have the right to share any information:
All kinds of seeds are provided 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.
No complaint can be considered unless valid proof is given that the seed grown and alleged to have performed unsatisfactory was the seed supplied and that it was sown on a suitably prepared ground, treated carefully and correctly throughout and subject only to such conditions as were likely to produce a favorable crop.
The acceptance of the return of goods for credit, where such goods are found to be excess to the requirements of the Buyer, is at the complete responsibility 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 an otherwise undamaged condition without 10 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.
If goods are damaged in transit or short delivered no responsibility for the damage or short delivery will be accepted by the Seller unless:-
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 failing agreement to be nominated by the National Seed Association of India and Indian Seed Sector.