Terms & Conditions

Sellers Terms and Conditions

Priority of Documentation

The Sellers terms and conditions prevail over the Buyers terms and conditions as contractual terms.

Contracts, Payments, Deliveries and Charges

  1. All charges are quoted in US dollars ($’s) and prices quoted as FOB (Incoterms 2000) and exclude freight and any local taxes due.  If a local government charge is applicable, then this will be charged additionally as per local government’s current rates.
  2. Normally goods must be paid for in advance with monies cleared without condition before the goods are shipped.  A full letter of credit from an agreed international bank will also suffice.
  3. Where trading accounts have been opened and items are to be paid for on delivery (CIF), then an order (faxed or posted) or an email must be received stating the items requested, an order number and the requisitioner’s name and contact details.  A confirmation of the order will be sent by email (or fax).  This will be the ‘contract’ between seller and buyer.
  4. Invoices will be sent electronically on delivery.  These invoices are to be paid within 15 days of receipt.  Failure to pay invoices on time may attract interest charges in line with UK Law.  If invoices are not paid within 60 days then debt recovery proceedings will commence with the Buyer being charged all costs associated with debt recovery.
  5. All orders/payments made via the website can be cancelled within a 24 hour period subject to a cancellation charge of up to 10% of the original order value.  This is to pay for the cost for administration and lost time.  Credit will be given within 30 days of request by issue of a credit note usable against future orders.

Re-negotiation of Contract

Should the Seller, normally due to complexities or workload, be unable to meet the original contractual requirement, then the Seller may advise the Buyer of the reasons for the non completion and request to either settle for the amount completed at an appropriately adjusted rate or change the contract terms (cost or time) to mutual agreement.  Both parties should agree to this in good faith.  It is understood by the Buyer that delivery of goods or services within 7 days of the contracted delivery timescale is not seen to be a breach of contract.

Nature of Goods and Services

The nature of the goods provided by the Seller is based upon the Sellers experience of the local crop market place.  The Seller undertakes to comply, with best endeavours, to procedures for quality control and assurance.  It is up to the Buyer to ensure the goods meet local legislative rules based upon the use (Food, Pharmaceutical etc.)  No blame or consequence of the end market place can be subsequently placed on the Seller.

Resolution of Complaints

Should the Buyer feel that the Goods or Services provided are of a sub-standard quality or fail to meet the contractual obligations then the Buyer should detail the complaint in writing (letter, fax, email) to the Seller within fourteen (14) days of receipt of the goods.  The Seller undertakes to respond to the complaint normally within seven (7) working days.  Both parties should attempt to resolve the matter in good faith.  Should this process fail, then both parties should agree an independent legal entity to overview the complaint and resolve the matter.  The cost of the overview shall be met equally by both parties and should not exceed a cost of $1,500 (US dollars) inclusive of local taxes.  Both parties agree to the verdict of the independent legal entity.  The Buyer undertakes to pay all associated invoices for goods or services without offset or deduction in a timely manner.

Warranty

The Seller warrants that the goods or services provided are in line with ‘contract’ and that the processes used to provide the goods or services are carried out in compliance with UK Law.

Confidentiality

The Seller and the Buyer agree that all the details of the contractual relationship between the two parties is kept confidential, unless both parties agree to a disclosure in advance.

The Seller and the Buyer agree that there is no confidentiality that the Seller and Buyer have entered into a contractual relationship

The Seller and the Buyer agree that any information received as part of the contractual relationship will be kept confidential by both parties, unless both parties agree to a disclosure in advance.

From time to time the parties may agree to enter into a mutual confidentiality agreement.

Consequential Losses

The Seller accepts no consequential losses as a result of provision of goods or services under any circumstances whatsoever; including negligence.

Insurance

The Seller carries no insurance for provision of any goods or services.  Should insurance of any type be required by the Buyer, then this can be obtained and quoted as part of the contract.

Law

The contractual arrangement between Seller and Buyer is subject to UK Law.