1.ACCEPTANCE OF TERMS
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.
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 and the Seller will not be responsible in any way for the resultant crop
4.LIMITATION OF LIABILITY
4.LIMITATION OF LIABILITY
- (a) The Seller permits 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 the 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.
- (c) By 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 move extensive liability were required to be undertaken.