Terms & Conditions

  1. DEFINITIONS

    1. “Customer” means the Customer (or any person acting on behalf of and with the authority of the Customer) as specified in these Terms and Conditions and/or as described in any account application form or any person purchasing Seed and/or Products from SS.

      1. “SS” means Setha’s Seeds Limited.

      2. “Products” means products supplied or to be supplied by SS to the Customer.

      3. “Retail” refers to sales of Seed and/or Products to a Customer in smaller quantities for end-use by such Customer.

      4. “Seed” means seeds supplied or to be supplied by SS to the Customer.

      5. “Terms and Conditions” means these terms and conditions together with any other specific terms and conditions of SS that may be agreed to in writing by SS and the Customer.

      6. “Wholesale” refers to bulk sales of Seed and/or Products to a Customer for end-use by such Customer or for the purposes of resale.

    2. APPLICABILITY

1.               The terms and conditions set out below shall apply to all transactions for the supply of Seed and/or Products unless otherwise agreed between SS and the Customer in writing.

  1. ACCEPTANCE

1.               Execution of an account application form or placement of an order with SS for Seed or Products will be deemed to be acceptance by the Customer of these Terms and Conditions. SS may by written notice to the Customer alter or replace these Terms and Conditions. All orders placed subsequently by the Customer shall be upon the altered Terms and Conditions.

2.               SS may in its absolute discretion accept or refuse any application or any order.

  1. INVOICES

1.               An invoice detailing the charges for Seed and/or Products will be forwarded with delivery or as soon as possible thereafter upon request.

  1. PRICES

1.               Retail prices unless otherwise stated are in New Zealand dollars, exclude Goods and Services Tax (GST) and are subject to change without notice.

2.               Subject to clause 5.4 all quotations given by SS either in writing or verbally are for immediate acceptance and are subject to sufficient stock being available for sale at the time of ordering.

3.               Notwithstanding clause 5.3 or published retail prices, all Seed and Products sold are provided at prices ruling at the time of delivery and SS reserves the right to pass on to the Customer any change of price after acceptance of the Customer’s Order.

4.               All Seed and Products are sold on an ex-store basis, freight or postage being the responsibility of the Customer.

  1. DELIVERY AND RISK

1.               The risk in the Seed or Products shall pass to the Customer on delivery. The Seed or Products shall be deemed to be delivered to the Customer at the point of loading onto the carrier or being made available for uplift by the Customer, whether or not the Customer takes delivery of the Seed or the Products at that time.

2.               SS will endeavour to deliver Seed and/or Products as soon as practicable. However, other than in respect of any liability that cannot be excluded by law, SS is not liable for any default or delay in delivery of orders.

3.               Advice of damaged goods must be made in writing by the Customer to SS within 2 days of receipt of goods and claims in respect of non-delivery must be made within 14 days of receipt of invoice or Shipment Details notification.

  1. ORDERS

1.               All orders are final.

  1. PAYMENT

1.               All order must be paid for in full before we will dispatch them. After 21 days of an order being placed without payment, that order will be cancelled.

  1. RETURN OF SEED AND/OR PRODUCTS

1.               SS or its agents will not accept the return of Seed and/or Products supplied by SS unless authorised by SS in advance, in SS’s sole discretion.

2.               Any request for the return of Seed and/or Products must be made within 14 days of delivery of the Seed and/or Products.

3.               Returned Seed and/or Products will only be accepted by SS if:

  1. the Seed and/or Products is unopened and in the same condition as when supplied; and

  2. the invoice number and the date of order is supplied. The Customer shall pay all costs in relation to return of the Seed and/or Products.

  1. COSTS

1.               If the Customer defaults in performing its obligations under these Terms and Conditions and SS incurs costs in enforcing its rights under these Terms and Conditions the Customer agrees to pay upon demand in writing those costs (including all legal costs and disbursements on a solicitor-client basis and/or costs of collection) to SS or its duly authorised agent. SS reserves the right to add such costs to the Customer’s account.

  1. SHORTAGES

1.               Any shortages relating to the Seed and/or Products supplied by SS must be notified to SS within two days of receipt of the Seed and/or Product (time being strictly of the essence).

  1. PRIVACY ACT

1.               The Customer authorises any person or company to provide SS with such information as SS may require in response to the account application. The Customer hereby authorises SS to furnish to any third-party details of the Customer’s application and any subsequent dealings that SS may have with the Customer as a result of the Customer’s application being actioned by SS. The Customer has a right of access to, and may request correction of, personal information held by SS about the Customer.

2.               SS may use the Customer’s personal information for direct marketing purposes (including by email and other electronic means) unless the Customer notifies SS that it does not wish to receive direct marketing from SS.

  1. WARRANTIES AND LIABILITY

1.               SS warrants to the extent of the purchase price that Seed and/or Products supplied is within recognised tolerances to the details described on the accompanying packaging and/or documents.

2.               The Customer shall ensure that the Seed and/or Products ordered are fit and suitable for the purpose for which they are required and SS shall be under no liability if they are not.

  1. Descriptions, recommendations and information provided are based on information provided from our observations collected from our growing experience, and shall correspond as closely as possible to practical experience. This information shall be provided for use as a guide only to assist growers and users, whereby variable local conditions must be taken into account.

  2. Significant variations may occur in the performance of Seed or Products due to a range of conditions including cultural/management practices, climate, soil type and geographic location. Under no circumstances shall SS accept liability based on such information for deviating results in the cultivated product. The Purchaser shall itself determine whether the items are suitable for the intended cultivation and whether they can be used under local circumstances.

3.               Except as expressly provided for in these Terms and Conditions SS gives no other express or implied warranties.

4.               The Consumer Guarantees Act 1993 shall apply for Retail purchases of Seed and/or Product.

5.               The Consumer Guarantees Act 1993 shall not apply if the Customer acquired or held himself or herself out as acquiring the Seed and/or Products for the purposes of a business.

6.               The Customer agrees to include a provision in the Customer’s Conditions of Sale to the effect that the Consumer Guarantees Act 1993 shall not apply where a purchaser is acquiring the Seed and/or Products for the purposes of a business. The Customer agrees to indemnify SS for any liabilities, losses, damages, claims, costs or expenses of whatever kind or nature incurred by SS if the Customer fails to do so.

7.               Except as expressly provided by clause 15.1, SS will not be liable in any way (including negligence, tort, equity or otherwise) to the Customer or any other person in connection with these Terms and Conditions, the supply of Seed and/or Products for any loss or damage of any kind whatsoever including loss of income, profits, savings or goodwill or for any indirect or consequential loss or special or exemplary damages.

8.               The Customer shall indemnify SS from and against any liabilities, losses, damages, costs (including legal costs on a solicitor/client basis) or claims incurred in relation to these terms and conditions, the supply of Seed and/or Products, except where SS is fraudulent or negligent.

  1. ERRORS OR OMISSIONS

1.               Clerical errors or omissions whether in computation or otherwise in any quotation, acknowledgements or invoice, shall be subject to correction.

  1. PROPER LAW

1.               The contract and these Terms and Conditions shall be governed by New Zealand law and the New Zealand courts shall have exclusive jurisdiction in connection herewith. All proceedings within the jurisdiction of the District Court shall be filed in the Hastings District Court.

  1. SEVERANCE

1.               If any clause or part of a clause of these Terms and Conditions is held to be invalid or unenforceable for whatever reason then to the extent not inconsistent with that invalid clause the remaining provisions shall remain in full force and effect.

  1. OWNERSHIP  Ownership of the Seed and/or Products supplied by SS shall remain with SS and shall not pass to the Customer until all amounts owing by the Customer to SS in respect of the Seed and/or Products have been paid in full and all  the Customer’s other obligations to SS in respect of the Seed and/or Products have been met. If the Seed is sown by the Customer, the resulting plants and crops shall remain the property of SS pending payment in full of all amounts due to SS by the Customer.

  2. GENERAL

1.               SS is given and may exercise all rights referred to herein entirely without prejudice to any other rights that may be available to SS.

2.               No failure to act or neglect to act shall in any way prejudice or waive any rights of SS.

3.               No payment shall be deemed to have been received by SS until such stage as the same has been duly cleared.

4.               The Customer shall not sell or otherwise dispose of the Seed or resultant plants or crops on terms that are inconsistent to rights of SS granted herein, and shall ensure that any sale or disposition of the Seed or resultant plants and crops is on written terms and conditions that will protect the rights of SS granted herein.