Products

Terms and Conditions of Sale

1.DELIVERY
Unless otherwise agreed in advance, seller will endeavour to deliver the goods by the way which seller deem to be best. The seller will not take responsibility for any delay or loss after the goods have left seller’s warehouse or stock depot.

2.USE OF SEED
All the seed is sold for the purpose of horticultural and/or agricultural crop only.
It is expressly forbidden to use the seeds for multiplication or reproduction purposes.
No responsibility whatsoever, will be accepted for any seeds reproduced.

3.DELIVERY DUTY
Advanced orders for the seeds where seed crops have not yet been received by the seller are booked subject to the restriction of an average yield of standard germinating seeds and quality standards.
Should the yield be lower than average, the seller has the right to deliver pro rata or will be diesmissed from his delivery duty in case of total crop failure.

4.PROPERTY RIGHT
The seller remains an owner of the goods until the time full payment has been made.

5.COMPLAINTS
Any clams for quantity and appearance of seeds shall be submitted within 6 working days from the receipt of the seeds.
Any claims for the contents of invoice shall be submitted within 6 working days from the receipt of the seeds.
Any claims for germination and physical purity have to be submitted within 30 days from the receipt of the seeds.
Complaints about varietal purity of the seeds supplied must be made as soon as possible, in any case, at the point of time that the crop can still be examined in the field by both parties.
No complaint can be considered unless clear proof can be given that the seed grown and alleged to have performed unsatisfactory was in fact the seed supplied by the seller and that it was sown on suitably prepared ground, including soil and any type of growing medium, treated carefully and correctly throughout and subject only to such conditions as were likely to produce a favorable crop.

6.NON PAYMENT
The seller reserves the right to withhold deliveries until all and any outstanding payments have been received and reserve a lien upon and the right to sell or otherwise dispose of all the goods for which payments have not been made.
If the buyer does not make full payment within a period agreed upon, an interest is charged at 1.5% per month.

7.SOLVENCY
Condition for the delivery duty is that the buyer has an unconditional solvency.
If the seller receives before shipment, any information from a bank, credit office or any other reliable source which leads the seller to believe the buyer’s solvency is at risk, the seller has the right to demand security for payment of to cancel the shipment.

8.LATENT DEFECT
Diseases of plants can be transmitted by the wind, insects, animals or by humans and may be seed borne or soil borne.
It is not a condition of sale nor do we warrant that any seed sold by the seller shall be free from such a deficiency and the seller will not be responsible in any way for the resultant crop.

9.FORCE MAJEURE
The seller shall not be responsible for any delay of goods or any part thereof, caused by any act of God, action by any government, strike, lockout, combination of workers, riot or civil commotion, breakdown of machinery, power failure, fire, crop failures grown by the seller or on the seller’s behalf and/or any other contingency beyond the control of the seller.

10.INSURANCE
Unless otherwise agreed upon in advance, the seller will insure the goods, at the cost of the buyer, for the damage in the transportation under the seller’s open policy.

11.PRODUCT DESCRIPTIONS
Descriptions, illustrations and/or photographs shown in catalogs, leaflets and/or any other documents are based upon the results obtained under favorable conditions.
Identical results are not guaranteed nor implied for all growing conditions.

12.DISEASE AND/OR PEST RESISTANCE
Resistance and susceptibility claimed by the seller in the descriptions of the varieties are based upon the results obtained under conditions and with strains (races) of pathogens available in Japan.
The seller does not guarantee identical results when the seeds are grown under different conditions.

13.OTHER CONDITIONS
Conditions not stipulated in the terms and conditions of sale are subject to the International Seed Federation (ISF) Rules and Usages for the Trade in Seeds for Sowing Purpuse.

Limitation of Liability
All seeds we sell are properly cleaned, dried and graded up to our international standard, and the germination and purity are tested at our laboratory before the shipment, and data of the test will be furnished when so asked.
However, in view of the nature of merchandise and in accordance with universal custom of the seed trade, WE HAVE NO WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR OTHER WARRANTY, EXPRESS OR IMPLIED.
No claim or liability shall be asserted unless the buyer or user shall have reported within a reasonable period as stipulated in clause-5 “Complaints” of terms and conditions of sale.
OUR LIABILITY IS LIMITED IN AMOUNT TO THE PURCHASE PRICE OF THE SEEDS, WHETHER ARISING FROM CONTRACT, NEGLIGENCE, WARRANTY, OR ANY OTHER CAUSE.
WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.

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