General Terms & Conditions of i-Dealseed Ltd
I-DEALSEED Ltd guarantees that all of our products are of high quality and designed for intended use, all seed shall comply with the description under which they are designed for. Each variety is guaranteed to meet EEC standards in accordance with ministry regulations. All processors are qualified and licensed to blend mixture in accordance with current Government legislation. I-DEALSEED Ltd cannot in anyway be held responsible for any problems that may occur due to poor conditions or non-compliance of essential preparation work.
1. Conditions Applicable
1i these conditions shall apply to all Contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
1ii all orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions.
1iii Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
1iiii Special mixture cannot under any circumstances be cancelled once blended and packaged for the Buyer.
2i Availability of Goods
2ii 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 in such quantities and to such Buyer or Buyers as it shall in its absolute discretion determine, or in the case of a grass mixture, to alter the contents of such mixture.
2iii Quotations for mixtures of seed are given in the belief that the varieties stated are freely available in good quality and at reasonable cost. The Seller reserves the right to substitute comparable varieties if in its judgement it is desirable or necessary to do so. Any such changes will be shown either on the packaging label or the invoice. All quotations are for 20 days only.
3. Price and Payment
3i all prices are quoted exclusive of value added tax.
3ii The Seller reserves the right to increase the price to reflect the imposition of or increase in any tariff or tax and in the case of imported Goods any variation of exchange rates after the date of acceptance unless otherwise agreed in writing.
3iii Payment for the Goods shall be made in full by the Buyer within thirty days of delivery unless otherwise agreed in writing.
3iiii if payment is not made in full by the due date, the Seller reserves the right to charge interest on remaining balances from the invoice date until paid in full at a rate of five percent per calendar month.
3iiiii Any sums due to the Seller will become immediately due and payable if the Buyer being an individual shall die or commit an act of bankruptcy or make any arrangement or composition with his creditors or being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if any petition for the appointment of an administrator is presented against the Buyer or if the Buyer shall suffer any analogous proceedings under foreign law.
4. Delivery and Risk
4i Delivery dates are approximate only and time shall not be of the essence unless otherwise agreed in writing.
4ii The Goods shall be delivered to the Buyer at the address specified by the Buyer. The risk in the Goods shall pass to the Buyer upon such delivery taking place.
4iii unless otherwise agreed the Seller shall arrange for carriage of the Goods to the Buyer’s address. The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer and shall be due on the date for payment of the price. The carrier shall be deemed to be the Buyer’s agent.
4iiii The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with these conditions.
4iiiii No failure of or delay in delivery of any instalment nor any defect in the Goods the subject thereof shall entitle the Buyer to treat the Sale Contract as repudiated.
4iiiiii Unless otherwise agreed it is the responsibility of the Buyer to notify the seller of any damage to goods received within 3 working days from receipt of delivery, no claim nor refund shall be given if out with the 3 working day period. The Buyer must in every instance inspect all goods upon delivery and should damage or shortage be found it is the responsibility of the Buyer to immediately notify the person making the delivery and mark goods damaged or short on the delivery note.
5i In spite of delivery having been made the ownership of the Goods shall not pass from the Seller until:
5ii The Buyer has paid the price plus VAT (if applicable) in full. Either by internet website payment or direct invoice means of payment.
6. Force majeure
The Seller will not be responsible for the any loss or damage whatsoever caused through its inability to fulfil or delay in fulfilling any order due to any circumstances or occurrences beyond its control. In the event of such inability or delay the Seller shall be entitled after a reasonable period of time to determine the Contract wholly cancelled, without incurring any liability whatsoever.
7i The Buyer shall not be entitled to make any claim unless the Goods have been properly and appropriately stored during the period after arrival at their destination. The Buyer shall also take all necessary and reasonable measures to mitigate damage or loss without prejudice to any claim of either party.
7ii The seller cannot be held accountable or responsible for and advice/recommendations or recommended course of action given by any employees, agents or associates of I-Dealseed Limited to the seller or customers of the seller in relation to products or preparation, either verbally or written.
7iii No complaint can be considered unless there is clear evidence that the seed sown and alleged to have performed unsatisfactorily was in fact supplied by the Seller and that it was sown on suitable prepared ground, treated carefully and correctly throughout, and subjected only to such conditions as were likely to produce a favourable crop. No claim shall be considered for sown crops or poor harvest if the Buyer does not notify the seller in writing within a period of 30 calendar days from date of sowing.
Unless otherwise expressly agreed in writing by the Seller seed is sold for the production of consumer crops and not for the multiplication of seeds.
9. Health and Safety
9i The Buyer shall take all necessary steps to ensure that the Goods are safe and without risk to health when properly used in accordance with instructions or information supplied by their seller.
10. Governing Law The construction validity and performance of this Contract and all matters pertaining thereto shall be governed in all respects by Scottish Law and subject to the jurisdiction of the Scottish Courts.