TERMS AND CONDITIONS OF SALE
PRICES – All prices quoted by letter or verbally by Head Office personnel or our authorised representatives are subject to alteration without notice. Hazera Seeds South Africa also reserve the right to alter prices by reason of the imposition of or alteration of any tax, duty, levy or other statutory application in accordance with the regulations relating to the aforementioned charges.
FLUCTUATIONS IN THE RAND – If the goods which are the subject matter of this offer are of foreign origin Hazera Seeds South Africa reserve the right to adjust the price payable by you so as to reflect any alteration in the value of the RAND in terms of currency of the country of origin of the goods between the date of sale and the date of invoice.
CARRIAGE – The prices are, unless otherwise stated, exclusive of packing and delivery.
OUR INFORMATION – All information whether contained in our literature or given by our staff is for general guidance only and buyers are therefore advised that any such information does not constitute a representation by us as to these matters and should not be relied on as such. Buyers should therefore 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.
LATENT DEFECT – Disease of plants can be transmitted by the wind, by insect, by animals or by human agencies and may be seed borne or soil borne. Hazera Seeds South Africa believe the seed hereby sold to be free from latent defect, but it is not a condition of sale nor do Hazera Seeds South Africa warrant that any seed sold by us shall be free from such defect and Hazera Seeds South Africa will not be responsible in any way for the resultant crop.
BUYER SPECIFIED UNTREATED SEED – If a Buyer specifically requests that seed should not have a chemical treatment where this is normally offered or advised in our Catalogue or Guide then Hazera Seeds South Africa accept no liability for any damage, direct or consequential, which may result therefrom.
SEED TREATMENT AT BUYER’S REQUEST – Where at the Buyer’s request any treatment whether chemical or otherwise is applied to the seed, Hazera Seeds South Africa accepts no responsibility for the effectiveness of such treatment or any damage direct or consequential which may result therefrom.
DAMAGE, DELAY or LOSS IN TRANSIT – any goods not received within seven days of despatch or received actually damaged in transit must be notified to Hazera Seeds South Africa immediately.
FORCE MAJEURE – Should the fulfilment of any Contract or order be prevented or delayed by Act of God, action by any Government, blockade, revolution, prohibition of export or import, riot, civil commotion, strikes, lockouts, force majeure, failure of crops, breakdown of machinery, power failure, fuel shortage, loss and/or detention at sea or any other contingency beyond our control, Hazera Seeds South Africa will not be responsible for any loss and/or damage occasioned thereby. Should any of the goods be rendered unfit for delivery by reason of any of the above acts the Contract so far as it relates to those goods shall be deemed to be cancelled.
DELIVERY – Each delivery or consignment shall stand as a separate contract.
PAYMENT – Cheques, postal orders, etc., should be made payable to Hazera Seeds South Africa (Pty) Ltd. Interest will be charged on overdue accounts at a rate of 2.00% per month calculated on the outstanding balance. Hazera Seeds South Africa reserve the right to require payment at any time and the goods are sold subject to this express condition. Settlement of account is to be made in accordance with payment terms and credit limit allowed. Any credit terms and credit limit may be withdrawn by Hazera Seeds South Africa at any time without prior notice, and the extent and nature of such terms shall at all time be at the sole discretion of Hazera Seeds South Africa.
NON-PAYMENT – Hazera Seeds South Africa reserve the right to withhold deliveries until all and any outstanding payments due from the Buyer under any Contract with us have been received and reserve a lien upon – and the right to sell or otherwise dispose of – all goods the subject of any Contract whether appropriated to it or not in respect of any such payments. Any action arising out of non-payment of the account may be instituted in any magistrate’s court having jurisdiction even though the amount in dispute may exceed the jurisdiction of the court. However, either party shall not be obliged to proceed through the magistrate’s court.
OWNERSHIP AND RISK
(a) Until paid for in full, all goods supplied by Hazera Seeds, remain Hazera Seeds South Africa property.
(b) Risk passes to the Buyer upon invoice of the goods.
Conditions regarding ownership and risk do not affect Hazera Seeds South Africa contractual rights and all goods supplied must be paid for in accordance with the contract.
INSOLVENCY
If the Buyer:
(a) Has a Receiver or Liquidator appointed to any of its property or business undertaking; or
(b) Announces that he is ceasing to Trade (other than for declared legitimate reasons such as retirement, whilst continuing to honour all existing contracts); or
(c) Fails to make a payment as due, suspends payment and/or notifies any of his creditors that he is unable to meet debts or that he is about to suspend payment of his debts; or
(d) Convenes, calls or holds a meeting of creditors; or
(e) Being an individual or a firm becomes bankrupt or makes any composition or scheme of arrangement with his creditors; or
(f ) Being a body corporate convenes, calls or holds a meeting for the purpose of going into liquidation (other than for the purpose of reconstruction or amalgamation) by the making of an order or the passing of a resolution for winding-up or becomes subject to an administration order.
