Warranty and Liability

 

OUR COMMITMENT

FloraFields is committed to supplying high quality products to recreational gardeners and households for personal use. In accordance with the established custom of the trade, FloraFields will in no case be liable for more than the actual amount paid for a particular product on sale.

We will endeavour to only have products on our web site that are in stock and available for ordering. Varieties that are out of stock will be listed as such and will not be available for purchase. In the unforeseen event of items going out of stock after you placed an order your amount will be refunded to you.

 

Genetically Modified

We will not knowingly offer for sale any genetically modified products. Please note the word “knowingly.” Because of the possibility of contamination, over which we have no control, our commitment necessarily stops short of being an absolute guarantee. Although we will not sell any variety represented to us as transgenic, we will not be held legally responsible if any of our seed tests positive for genetically modified organisms. Transgenic means to introduce the genetic code of one species into another. Transgenic plants are sometimes referred to as “genetically modified (GM)” or “genetically engineered (GE)”, however those terms are imprecise.

 

Endangered Species

We will not knowingly offer for sale endangered species harvested from the wild.

 

Organic seed

Our organic seeds are sourced from suppliers that have organic certification. If you buy organic seed because you are a certified grower, save your invoice and your packet labels so you can keep track of lot numbers to maintain your own audit trail.

Although organic growers are required to use certified-organic seed whenever it is commercially available, in practice it still leaves a wide range of choices. Many ambiguities remain in the definition of “commercially available” and in what constitutes a good faith effort to locate organic seed. Please consult your certifier for their specific definitions, as these may vary.

 

Sustainably grown seed

We offer for sale seed that we know are produced by small farmers who are not “certified organic” for variety of reasons – economic, socio-cultural, ideological, and likewise but practice growing seeds  without chemical pesticides or chemical fertilisers and use traditional active soil-building methods. We use the label “SG” for such varieties grown in a bio-friendly way. We do not warrant these seeds to be completely free from pesticides, herbicides, chemical fertilisers or any other form of contamination.

 

Quantity

We do our best to pack the same or more quantity of good that is indicated on the Website or on the packet label. However, as weight of goods is prone fluctuations to weather conditions and storage times (e.g., same amount of seed can weigh less in a dry environment or after sometime due to release of moisture) there could be little differences between the stated quantity and actual quantity received by buyer. We cannot be held responsible for such minor variations attributable to factors that are beyond our control.

 

Germination

Germination capacity specified on labels is based only on reproducible laboratory tests. No direct relationship may be assumed between the specified germination capacity and the emergence of seed at the buyer’s location. The specified germination capacity merely indicates such capacity at the time when and under circumstances in which the test was performed. Actual emergence depends, among many other things, on the location, cultivation measures, climate conditions, cultural practices at the buyer’s location, over which we have no control or influence. Germination of some seeds is genetically and naturally low. Also some seeds are difficult to germinate and may need special environment, processes and treatments while some seed may need more than a year to germinate after sowing! Customers are strongly advised to see the planting and growing information for each seed variety before purchasing and adhere to the advised instructions while sowing the seeds. No refund claim will be entertained if the instructions are not followed. 

 

EXCLUSIONS AND LIMITATIONS

Our seeds have been carefully grown, selected, packed, monitored, and tested periodically. Yet, even with the highest quality of seed, success depends largely upon soil, weather and cultivation practices over which we have no control or influence. Adverse or uncontrolled environmental conditions can and do produce physiological disorders in all plants. FloraFields warrants that the seed we sell conforms to the label descriptions with recognised tolerances. FloraFields makes no other representations or warranties of any kind, express or implied, with respect to the contents hereof, whether as to merchantability, fitness for a particular purpose or any other matter.

All Claims, including claims for alleged defective seed must be made within 30 days after Buyer learns of the facts upon which such claim is based. All claims not made in writing and received by FloraFields within the time period specified above shall be deemed waived.

In the event of any goods sold by us not complying with the terms of Sale, or of any goods proving defective (whether as regards purity of germination or otherwise), we will at our option replace the goods free of charge to the Buyer or will refund all payments made to us by the Buyer in respect of the defective goods, and this will be the limit and the sole extent of our obligation. We hereby exclude all liability whatsoever (whether based on negligence by us or our employees, suppliers, sub-contractors or agents or otherwise) for any loss, expense or damage whether direct or consequential arising in any way whatsoever in connection with any goods supplied by us whether due to any failure in the performance of or any defect in any such goods or otherwise howsoever, except for the liability for such replacement or refund as aforesaid. In accordance with the established custom of the trade, any express or implied condition, statement or warranty, statutory or otherwise whatsoever not expressly stated is excluded. The price of all goods sold by us is based upon the foregoing limitations upon our liability and would be much greater if a more extensive liability were required to be undertaken by us. The liability of FloraFields for any and all losses and damages to buyer resulting from any cause whatsoever including negligence, breach of contract, breach of warranty, or alleged defective seeds, irrespective of whether such defects are discoverable or latent, shall in no event exceed the purchase price of the particular seeds with respect to which losses or damages are claimed. In no event shall FloraFields be liable for incidental or consequential damages including, without limitation, loss of profits.

Should fulfilment of any order or contract be prevented or delayed by an act of God, war, blockade, “bandhs”, revolution, government action to restrict services or any other essential to the growing and harvesting of the crops, prohibition of exports or imports, riots, strikes, lockouts, fires, floods and/or detention at sea or any other contingency beyond our control, we shall not be held responsible for any loss and/or damages thereby.

If you do not wish to accept these products under these terms, please return immediately for a full refund. Please see our Cancellation and Returns policy for more information.

 

Standards

Seeds sold by us are guaranteed to comply at the time of delivery with the Indian Seeds Regulations currently in force, and unless otherwise described are “Standard” seeds. All information whether contained in our Website, catalogue or given by our staff and related to varieties, varietal characteristics, resistance to disease or periods of maturity or fitness for any particular purpose or otherwise relating to the performance of goods, is based on trials reports and information provided by our suppliers. All descriptions are given for general guidance only and does not constitute or form a warranty or guarantee. Varietal information in the Website is based on trial information and/or photographs. It may not be representative of results in your location. It is intended as a guide only. Variation in local climatic conditions can render such information inaccurate. Actual results in your area may vary.You are therefore advised that any such information given to you does not constitute a representation by us as to these matters and should not be relied on as such. You should satisfy yourself that any goods which you order are of a variety and performance satisfactory for your requirements and order such goods at your own risk.

 

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. We believe the goods sold to be free from latent defect, but it is not a condition of sale nor do we warrant that any goods sold by us shall be free from such defect, and we will not be responsible in any way for the resultant crop.

 

Treatment

  1. Where any treatment whether chemical or otherwise is applied to the goods, our liability shall be limited to such treatment being carried out in the correct manner and/or in accordance with the standard and regulatory practices. We accept no responsibility whatsoever for the effectiveness of such treatment or any damage direct or consequential which may result therefrom. In the case of pelleted / de-tailed / primed / rubbed / cleaned seed we rely on the expertise of the agency that performs the seed processing. We can offer no guarantee beyond that which we receive from them.
  2. Where 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.

 

Complaints

No complaint can be considered unless clear proof can be given that the products alleged to have performed unsatisfactorily were in fact the products supplied by us, and were treated carefully and correctly throughout and subject only to such conditions as were likely to produce favourable results.

 

Reproduction of Seed

All seeds are offered and sold for the production of consumer crops and not for reproduction of seed. No responsibility whatsoever can be accepted for any seed crops produced. Reproduction of seed varieties protected by Rights may be illegal.

 

Definition

“Goods” and “Products” have been used interchangeably and unless the context otherwise requires shall in these Terms & Conditions of Business mean seeds, bulbs, plant care products and other items sold on the Website.

 

Acceptance of Our Statement of Warranty and Liability

By placing an order in any form and by any means whatsoever, the buyer acknowledges that the limitations and disclaimers described above are conditions of sale, and that they constitute the entire agreement between the buyer and us regarding warranty and liability, and with which the buyer agrees freely and in entirety. The buyer is deemed to purchase with full knowledge thereof regardless as to whether the goods being the subject of the order are listed in the Website or not.

Flora Fields ©Copyright 2012-2013. All Rights Reserved.