TERMS & CONDITIONS

Thank you for choosing Graceland Garlic as your trusted seed supplier.

Make sure you agree to the following guidelines before you purchase garlic seed.

Delivery And Planting Instructions

  • We send our seed via trusted courier services with the fastest delivery time possible.
  • Open the boxes in which the seed have been delivered on the same you have received your seed and keep it in a cool well ventilated and dry place.
  • Inspect your seed 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 and ALL the seeds you have received are plantable seeds.
  • It is normal for seed to sprout spontaneously even before planting as the growing season draws closer.
  • Keep in mind that seeds are perishable plant material and can decay if not stored under the right conditions. Graceland Garlic is not responsible is not responsible if the quality of seed is compromised due to unfavourable planting or storage conditions.
  • Wait no longer than 7 days to plant your seeds after having received your seed.

 

Standards

All information whether contained in the Seller’s catalogue or other descriptive material or given 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 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.

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 them. Such advice is followed, or such opinion acted upon, entirely at the Buyer’s own risk.

Latent Defect

Diseases of plants can be transmitted the wind, insects, animals, or human agencies and may be seed borne or soil borne. The Seller believes the seed here 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.

Seed Treatment

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 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.

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.

Limitation of Liability

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.

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 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.

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.

Complaints

In the case of any visible defect of goods, the Seller must be notified within 24 hours of the Buyer receiving the goods.

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.

Delivery

Each delivery shall stand as a separate Contract.

The Seller shall not be liable for any delay in the transit of goods howsoever occasioned.

In the case of non-delivery of goods, the Seller must be notified within 24 hours of the Buyer receiving notification of the Courier’s waybill despatch receipt.

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 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 working days prior to dispatch should the Buyer wish to opt for insurance.

Property in Goods and Risk

 Risk passes to the Buyer on delivery of the goods.

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 the both the Buyer and the Seller.

If payment in full is not received the due date, a charge of 10% of the total invoice may be added to the amount due, at the Seller’s discretion.

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!

You are welcome to contact me at jacques@gracelandgarlicseed.com should you require any further assistance.