Terms and Conditions
Definitions
Tozer, Tozer’s, we and us all have the same meaning as Tozer Seeds Ltd. of Pyports, Cobham, Surrey KT11 3EH.
Jurisdiction
Unless otherwise specifically agreed in writing English law shall govern the construction of the terms and any dispute which may arise in relation to them.
General
Seed sold which is the subject of this Contract is guaranteed to comply at the time of delivery with the UK Seeds Regulations currently in force. All information whether contained in Tozer’s catalogue or given by it’s staff and related 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 as variations in local or climatic conditions can render such information inaccurate. Buyers are therefore advised that any such information given to them does not constitute a representation as to these matters and should not be relied on as such. Customers should 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. Seeds offered in Raisers sealed packets are subject only to the Raisers conditions of sale.
Buyers are advised that Tozer’s staff have no authority to give more than general guidance as described above and Tozer Seeds Ltd 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.
Seed Treatment at customer's request
a) Where at the Buyer’s request any treatment whether chemical or otherwise is applied to the seed Tozer’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. Tozer Seeds Ltd accepts no responsibility whatsoever for the effectiveness of such treatment or any damage direct or consequential which may result therefrom.
b) Buyers may request that seed is treated in accordance with a specific off-label approval
(SOLA). SOLA’s are uses for which approval has been sought by individuals or organisations other than the manufacturer. Such treatments are made entirely at the risk of the buyer. Buyers must be in possession of the relevant Notice of Approval and comply strictly with the conditions laid down therein.
c) 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.
d) Graded and treated seed will be charged at an inclusive price. The thiram soak treatment will only be applied to graded seed at customer’s special request as the treatment may alter the size and shape of the graded seed. If seed is to be precision drilled, customers should satisfy themselves that it is suitable for this purpose
Returned Seed
The acceptance of return of goods for credit where such goods are found to be surplus to the requirements of the Buyer is at the complete discretion of Tozer Seeds Ltd. In no event will the return of such goods be accepted for credit unless they are returned, Tozer’s prior permission having been obtained, with seals unbroken, in the original packaging, and in an undamaged condition within 5 business days of delivery, quoting the despatch note number. All goods returned for credit are subject to a handling charge which will be made known to the Purchaser at the time he requests permission to return them.
Goods which were specially ordered i.e. seeds not listed in our catalogue cannot be returned for credit unless it is alleged that they are not of merchantable quality.
Seeds for Trial Purposes
Purchasers of seeds for trial should make available a report of their performance.
Limitation of Liability
Tozer Seeds Ltd 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 whether from this catalogue or from elsewhere at the request of the customer not complying with the express terms of the Contract of sale, or any seeds of the correct species and type proving defective in varietal purity Tozer Seeds Ltd will at their 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 and this shall be the limit of Tozer’s obligation. All liability is excluded for any loss or damage arising from the use of any seed supplied and for any consequential loss or damage arising out of such use or any failure in the performance of or any defect in any seeds 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 Tozer’s control, save for at Tozer’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, statement or warranty, 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 Tozer’s liability.
The price of such seeds would be much greater if a more extensive liability were required to be undertaken. In accepting the seed upon these conditions, the buyer acknowledges that the limitation of Tozer’s liability is fair and reasonable.
GMO
The seeds of sweetcorn, beet, chards and Brassica crops which are offered for sale are conventional varieties bred from parent plants which have NOT been genetically modified. Production of seed for sowing is mostly carried out in open fields in natural conditions in which there is free circulation of pollen. It is therefore not possible to guarantee that seeds delivered under any contract are free from all traces of GMO. Every effort has been made to ensure that the seeds comply with the applicable seed legislation, but Tozer Seeds Ltd give no guarantee that the seed is GMO free and can accept no liability for any damage whatsoever arising from the possible occurrence of adventitious traces of GMO’s.
Complaints
No complaint under the terms of these Conditions of Sale can be considered unless clear proof can be given that the seed grown and alleged to have performed unsatisfactorily was in fact the seed supplied and that it was sown on suitably prepared ground, treated carefully and correctly throughout and subject only to such conditions as were likely to produce a favourable crop.
Latent Defect
Disease of plants can be transmitted by the wind, by insects, by animals or by human agencies and may be seed borne or soil borne. Tozer Seeds Ltd believes the seed hereby sold to be free from latent defect, but it is not a condition of sale nor does Tozer Seeds Ltd warrant that any seed sold shall be free from such defect and will not be responsible in any way for the resultant crop.
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 Tozer Seeds Ltd accept no liability for any damage, direct or consequential, which may result therefrom.
General
Sacks and bags will be supplied free of charge and are non-returnable. Prices quoted are for seeds delivered free to customer’s address in the United Kingdom. Prices vary according to the quantity of seed ordered, as indicated in our price list. Owing to circumstances beyond our control which
may arise after printing our price list, especially changes in the value of sterling compared with other world currencies, prices are subject to alteration without notice.
If Tozer Seeds Ltd are requested to send consignments by First Class Post a higher inclusive price may be charged for the seed. No allowance will be made on consignments when the customer arranges his own transport
Fluctuations in the Pound Sterling
If the goods which are the subject of this Contract are of foreign origin, Tozer Seeds Ltd reserves the right to adjust the price payable by the Buyer so as to reflect any alteration in the value of the £ sterling in terms of the currency of purchase between the date of sale and the rate payable on importation. Tozer Seeds Ltd also reserves the right to alter prices without notice in the event of the imposition of or increase in any tariff or import levy.
Force Majeure
Tozer Seeds Ltd shall not be responsible for delay in delivery of the goods or any part thereof occasioned by any Act of God, action by any Government, strike, lockout, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, failure of crop, fuel shortage, loss and or detention at sea, or any other contingency beyond their control. 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 he deemed to be discharged.
Delivery
Each delivery or consignment shall stand as a separate Contract.
Minimum order value
There is no minimum order value for the Tozer Seeds Direct website
Ownership of goods and risk
a) Until paid for in full, all goods supplied by Tozer Seeds Ltd remain their property.
b) Risk passes to the Buyer on delivery of the goods.
Loss or damage
It is essential where there is loss or damage of any sort to goods in transit that Tozer Seeds Ltd be advised immediately.
Where goods are delivered damaged Tozer Seeds Ltd must notify the carrier within 10 days of delivery. Customers are, therefore, requested to notify Tozer Seeds Ltd immediately by telephone and confirm by post so that the necessary claim can be made.
Non-payment
Tozer Seeds Ltd reserves the right to withhold deliveries under this Contract until all and any outstanding payments under this or any other Contract with him by the Buyer have been received and reserves a lien upon and the right to sell or otherwise dispose of all goods the subject of this Contract, whether appropriate to it or not, in respect of any such payments.
Arbitration
Any dispute under this Contract shall be referred to arbitration in accordance with the arbitration rules of the British Society of Plant Breeders Ltd, current at the date of referral, which have been drawn up in consultation with and approved by the National Farmers Union of England and Wales, National Farmers Union of Scotland and the Ulster Farmers Union. All parties shall in making this contract be deemed to have knowledge of such rules and to have elected to be bound thereby.
Copies of the arbitration rules can be obtained from British Society of Plant Breeders Ltd, Woolpack Chambers, 16 Market Street, Ely, Cambridgeshire, CB7 4ND.
Overseas Sales
a) The purchaser shall specify in writing in its order and in documentation instruction procedures,
the precise product specification which is acceptable to the importing authority in its territory, including but not limited to details of Phytosanitary requirements, international certification, importation documents, invoice details, disease or virus specification.
b) Tozer shall have no liability whatsoever in respect of any loss or damage suffered by the Purchaser for any failure on the part of the goods supplied to supply with the import regulation requirements of the country of destination.
c) Tozer shall have no obligation to the Purchaser in respect of the production of import licences or other documentation required by the country of destination.
Acceptance of Terms
The giving or sending of any order to Tozer Seeds Ltd constitutes an acceptance of these terms and conditions by the purchaser who, if he does not accept these terms and conditions must notify Tozer Seeds Ltd immediately and return the goods forthwith.
