Tamar-Organics-Terms-and-Conditions

TERMS AND CONDITIONS OF SALE
1 The expression ‘we’, ‘us’, ‘ourselves’, refers to Tamar Organics. The trading name of partnership C.J.Guilfoy and D.N. Richards.

2. The expression ‘the purchasers’ refer to the persons, firms or companies contracting with Tamar Organics for the purchase of its products.

3. GENERAL This offer is subject to crop, to safe arrival, to being unsold, to alteration without notice and to the general terms of our catalogue. Seeds sold by Tamar Organics (which are the subject of this contract) are warranted to comply at the time of delivery with the UK Seeds Regulations currently in force. All vegetable seeds are ‘standard’ seeds unless otherwise stated. All information whether contained in our catalogue or given by our staff and related 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. (Variation in local or climatic conditions can render such information inaccurate). Purchasers are therefore advised that any such information given to them does not constitute a representation by Tamar Organics as to these matters and should not be relied on as such. Purchasers should satisfy themselves that any seeds which they order are of a variety and performance satisfactory for their requirements and order such seeds at their own risk.

4. 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. Tamar Organics believes the seed hereby sold to be free from latent defect but it is not a condition of sale nor does Tamar Organics warrant that any seed sold by it is free from such defect nor will it be responsible in any way for the resultant crop.

5. Tamar Organics reserves the right to refuse the return of seeds. Tamar Organics also reserves the right to make a charge against any such returns. All seed returns must be in unopened original packaging.

6. In the event of any seeds supplied not complying with the terms of contract of sale or of any seed proving defective, (whether as regards purity or germination or otherwise) Tamar Organics will at its option replace the seeds free of charge to the purchase or will refund all payments made to us by the purchaser in respect of the defective seeds and this will be the limit and the sole extent of the company’s obligation. All liability whatsoever is excluded for any loss, expense or damage whether direct or consequential arising in any way whatsoever in connection with any seeds supplied by Tamar Organics whether due to any failure in the performance of or any defect in any such seeds or otherwise howsoever save for the liability for such replacement or refund as aforesaid. In accordance with the established custom of the Seed Trade any express or implied condition, statement or warranty statutory or otherwise whatsoever not expressly stated in these Terms of Business is excluded. The price of all seeds offered for sale is based upon the foregoing limitations upon Tamar Organics’ liability and would be greater if a more extensive liability were required to be undertaken by us.

7. CARRIAGE CHARGES All orders over a net value of £30, unless at special quoted terms, are offered carriage paid to addresses in UK excluding Highlands and Islands, Northern Island, Isle of Man, Isle of Wight Channel Islands. Further charges will be levied to these exclusions. All deliveries to addresses outside the UK will be charged carriage at cost. Tamar Organics reserve the right to determine the means of delivery. Should urgent delivery be necessary then the difference between normal and this ‘urgent’ method is chargeable to the purchasers account.

8. PAYMENT TERMS Orders should paid for at time of ordering except where an approved credit account has been set up. Unless otherwise specifically agreed all such accounts are due by a single payment on the 20th of the month following the month of invoice. Accounts unpaid by the due date will be subject to a surcharge of 5%. A further 5% of the outstanding amount may be charged monthly thereafter. Tamar Organics reserves the right to refuse to execute orders received until the account for previous supplies has been settled. When goods are supplied before payment is made the goods remain the property of Tamar Organics until paid for in full and until such time the purchaser shall hold the goods as the bailee of Tamar Organics. Statements will not normally be issued in addition to invoices; except by prior arrangement.

9. FORCE MAJEURE Tamar Organics shall not be responsible for delay in delivery of the goods or any part there of occasioned by any Act of God action, by any government, strike, lockout, riot or civil commotion, breakdown of machinery, power failure, fire, failure of crops grown by or on our behalf, less and /or detention of 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 as far as it relates to those goods shall be deemed to be discharged.
10. DAMAGE, DELAY OR LOSS IN TRANSIT If goods are damaged in transit it is essential that the delivery sheets be signed ‘damaged in transit’. No claim for damage can be entertained unless made in writing within three days of delivery of goods, both to the carriers and Tamar Organics. In case of nondelivery of any package both the carriers and Tamar Organics must be notified within fourteen days of despatch, and the claim be made in writing within twenty one days from the time of despatch.

11. COMPLAINTS No complaint under the terms of these 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 Tamar Organics and that it was stored correctly, sown suitably prepared ground, treated carefully and correctly and subjected to such conditions as likely to produce a favourable crop.

12. ARBITRATION Any dispute under this contract shall be referred to arbitration in accordance with the rules of the Agricultural Industries Confederation(AIC, previously known as UKASTA) and the National Farmers Union (NFU). Acceptance of Terms. The giving or sending of an order to the company constitutes an acceptance of these terms by the purchaser who, if he does not accept these terms must return the goods forthwith.