Terms & Conditions of Sale
The following Terms & Conditions of Sale apply to products sold by Seeds for Africa.
Acceptance of Terms
These terms and conditions shall govern orders for seeds, bulbs, plants, supplies and other materials (merchandise) placed with Seller. All negotiations with sales representatives or other agents of Seller are merged herein. No modification of these terms and conditions shall be effective unless in writing signed by Seller. Placement of the order shall constitute Purchaser’s acceptance of these terms and conditions.
Limitation of Warranty
Seller warrants, to the extent required by law that merchandise conforms to the description appearing in Seller’s catalogue and on container labels, within recognized tolerances. SELLER MAKES NO OTHER OR FURTHER WARRANTY, EXPRESS OR IMPLIED. ALL OTHER OR FURTHER WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. Certain merchandise may be separately warranted by the manufacturer. Seller does not adopt or ratify any manufacturer warranties, express or implied, and Seller shall have no liability thereunder. Seller does not adopt or ratify any manufacturer warranties, express or implied, made by Purchaser upon resale of the merchandise, and Seller shall have no liability thereunder.
Limitation of Remedy
PURCHASER’S SOLE AND EXCLUSIVE REMEDY SHALL BE REFUND OF THE PURCHASE PRICE. SELLER’S LIABILITY, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
Merchandise is not intended for immediate or eventual sale to commercial growers, truck farmers, market gardeners or others who sell fruit or vegetables to the end user.
Governing Law, Jurisdiction & Venue
The laws of South Africa shall govern all matters arising out of or relating to Seller’s sale of merchandise.
By accepting merchandise, Purchaser agrees to defend Seller, to hold it harmless and indemnify it from and against any claim or loss asserted by any or all transferees of such merchandise or users of the products of such merchandise who are not notified by Purchaser in writing of Limitation of Warranty, Limitation of Remedy, Mandatory Arbitration, Governing Law Jurisdiction and Venue, and Notice Regarding Seed-Borne Diseases in language substantially equivalent to that contained in these Terms and Conditions of Sale.
All prices are subject to change without notice. The price in effect at time of shipment will prevail. Prices do not include installation; Seller takes no responsibility, and shall have no liability for installation. Additional processing and handling charges may be added.
Shipment of Orders
Seller undertakes to ship orders to the account holders registered address. Seller cannot be held responsible for delays caused by 3rd party shipping companies.
Method of Shipment
We prefer and recommend that all parcels are shipped via Courier to your physical address. This requires that you leave a physical address as the delivery address on your order and not a PO Box, P Bag or Postnet address. Should a PO Box, P Bag or Postnet address be left as the delivery address we will assume that it is your choice to send it via the Post Office and the order will be shipped via the post office to the PO Box, Postnet Suite or Pbag address that you left. It must be noted that should the parcel be delayed / go missing with the postal service that we cannot accept any liability or enter into any correspondence regarding this.
Damaged or missing parcels
Parcels sent with our designated couriers that go missing or are damaged will be replaced at our cost after an investigation into the circumstances surrounding the missing or damaged parcel are established. If your parcel is sent via the Post office it is deemed that you have accepted full liability for the parcel once we have mailed it and issued you with a tracking number.We cannot accept any liability or enter into any correspondence regarding missing or delayed parcels sent via the Post Office.
Seller undertakes to ship items purchased within 5 working days. Ordinarily items are shipped within 1 working day.
The buyer is responsible for ensuring that they select a shipping option that services their area. Should an incorrect shipping option be selected, this will cause delays to orders.
Delays, Shortages & Substitutions
Seller shall not be responsible for delays in delivery or for losses resulting from such delays. Seller reserves the right to make partial shipment. In the event of shortages, Seller may substitute such other, similar merchandise as is available.
Trademarks are the property of Seeds for Africa, unless otherwise indicated.
Notice Regarding Seed-Borne Diseases
Seller makes no representation regarding the freedom from seed-borne diseases of the seed sold and disclaims any liability relating to such diseases, whether previously known to exist or not identified until this seed is grown.