TERMS AND CONDITIONS
Thank you for choosing Graceland Garlic as your preferred seed supplier.
We work hard to ensure that our seed is of the highest quality, but it is necessary for us to require that you read, understand and agree to the policies pertaining to the purchase of our garlic seed. Please familiarise yourself with the “How to grow garlic” and “Terms and Conditions” on our website before planting your seed.
Kindly take note of and follow the instructions below to ensure that you will have a successful harvest.
- Garlic seed is perishable plant material and can decay if not stored, handled, and planted under suitable conditions.
- We send our seed via trusted courier services with the fastest delivery time possible. Make sure that you open the packaging in which your seeds have been delivered on the same day you have received your seed and keep it in a cool and dry place.
- If seed cannot be delivered right to your door, collect your seed as soon as you can from the courier’s depot. Try to retrieve it on the same day as it arrives.
- After having received your garlic seed, remove the seed immediately from the packaging and hang the bags of seed in a well-ventilated cool room that is at room temperature.
- Inspect your seed after having opened the packaging and make sure it is the correct quantity and variety that you ordered.
- Our seeds have been carefully selected, cleaned, and sorted and are ready for planting. All inferior seeds have been removed.
- It is normal for seed to sprout spontaneously even before planting as the growing season draws closer.
- Plant your seeds within 7 days of receiving your shipment to ensure optimal quality and yield.
(a) 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.
(b)The Buyer therefore should satisfy himself that any seeds which he ordered 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.
2. 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 loss.
3. Seed Treatment
(a)Where at the Buyer’s request any treatment whether chemical or otherwise is applied to the seed, the Seller’s liability shall be limited to such treatment being carried out in the correct manner and/or in accordance with the instructions given by the manufacturer of the chemical in question and the Seller accepts no responsibility whatsoever for the effectiveness of such treatment or any damage direct or consequential which may result therefrom.
(b) Where the seeds have been treated with a liquid or powder to control pests or diseases, or have been fumigated or pelleted, the purity and germination percentages are based on tests made before the treatment.
All seeds are offered and sold for the production of consumer crops and not for the reproduction of seed. No responsibility whatsoever is accepted for any seed crops produced.
5. Limitation of Liability
(a) The Seller warrants 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 only 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) In accordance with 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.
No complaint can be considered unless clear proof is given that the seed grown and alleged to have performed unsatisfactory was in fact the seed supplied and that it was planted on suitably prepared ground, treated carefully and correctly throughout and subject only to such conditions as were likely to produce a favourable crop.
(a) Each delivery shall stand as a separate Contract.
(b) The Seller shall not be liable for any delay in the transit of goods howsoever occasioned.
(c) In the case of non-delivery of goods, the Seller must be notified within 2 days of the Buyer receiving notification of the Courier’s waybill despatch receipt.
8. Damage or loss in transit
If goods are damaged in transit or short delivered no responsibility for the damage or short delivery will be accepted by the Seller. Insurance can be arranged for damages or loss that may occur in transit for the Buyer’s account. The Seller needs to be notified 3 working days prior to dispatch should the Buyer wish to opt for insurance.
9. Property in Goods and Risk
(a) Until paid for in full, all goods supplied by the Seller remain his property.
(b) Risk passes to the Buyer on delivery of the goods.
10.Terms of Payment
(a) All goods are sold upon full payment after which shipment will be dispatched to the Buyer and delivered at the location and on the dates agreed to by the both the Buyer and the Seller.
(b) In the event that payment in full is not received by the due date, a charge of 10% of the total invoice may be added to the amount due, at the Seller’s discretion.
(c) The Seller shall be entitled to charge interest on overdue accounts calculated at the rate of 2.5% per month from the due date to date of payment.
Graceland Garlic wishes you well in your garlic growing project!