Compass Horticulture

General

These general terms and conditions of delivery and payment are drawn up by Compass Horticulture Ltd. in Woodbridge, Suffolk, UK. No other conditions are binding, unless otherwise discussed and defined with a written and signed statement.

Offer

All offers are not binding unless otherwise agreed in writing. An offer will be valid for 15 days. All items mentioned in the main catalogue are to be used for the amateur / hobby market only. The seeds are subject to crop result. Compass Horticulture reserves the right to reduce a purchase order by low harvest results. In case of force Majeure we can cancel the offer and order without compensation to the buyer.

Prices

All prices quoted in the price-list are in Pounds Sterling, Euro or US Dollars. Subject to change of prices.

Packing

Bags and other containers are charged at cost price, and are not returnable. A surcharge will be provided, if multiple packaging is requested by the buyer.

Delivery Ex works (EXW).

Buyer needs to inform Compass Horticulture about legal regulations like phytosanitary requirements, other required documents and mandatory actions to export to buyer’s country. Necessary proceedings will be charged to the buyer.   We are permitted to deliver and invoice an order in parts. Delivery is subject to season.

Payment

30 days net after date of invoice. 1½% interest per month will be charged for overdue payments, over the outstanding amount as from the date of default. Some overseas destinations require irrevocable L.C. Pre-payment is required for new customers.  In case of bankruptcy, suspension of payments or settlements on behalf of the buyer, the obligations will fall due immediately and Compass Horticulture will be authorized to suspend any further execution of the agreement, or to proceed to dissolve the agreement, all this without prejudice to our right to claim compensation.

Collection costs

Any collection costs as well as court costs incurred by the negligence of paying bills, will be charged to the buyer.

Retention of title

All delivered goods remain property of Compass Horticulture until buyer has fully paid the bill. In event of reselling, the buyer is beholden to deliver under retention of title.

Liability

Our liability is limited to the amount of purchased price of the seeds under all circumstances and regardless of the nature, cause or extent or loss.

For the avoidance of doubt, all liability whatsoever is excluded for any loss, expense or damage whether direct or consequential arising in any way whatsoever in connection with any products supplied by the company whether due to any failure in the performance of or any defect in any such products or otherwise save for the liability to replace or refund in b above. The price of all goods sold by us is based upon the foregoing limitations on our liability and would be much greater if a more extensive liability were required to be undertaken by us.

Compass Horticulture is not liable for breach of contract caused by force majeure. Force majeure includes transport problems, weather circumstances, non-availability of raw materials, strikes at our company or strikes at third parties and delays caused by our suppliers.

Use & Guarantee

We give no warranty, expressed or implied as to the description, quality, productiveness, or any other matter, and we will not be in any way responsible for the crop or failure of crop.  Complaints on weight must be reported within 1 week after receipt of goods, those on germination or purity within 8 weeks after date of invoice. After this period our responsibility expires. Mentioned germination percentage at packing list or invoice doesn’t guarantee achievable results, but provides an indication of the germination capacity at appropriate conditions, like climate conditions.  Compass Horticulture gives no guarantee when goods are repacked, processed or used in an incorrect way by the buyer.

Protection of Seller’s Rights

The customer agrees that seed or plants are sold for the express purpose of onward sale as seed or plants and NOT for seed crop multiplication. The buyer agrees to comply at all times with the requirements of the Plant Varieties and Seeds Act 1964 (as amended) in so far as they relate to the protection of the seller's Plant Breeder Rights in seeds and plants. The customer agrees that the products shall be supplied for its sole use. The customer agrees not to export the seed or plants from the territory in which the customer is resident. The customer agrees to indemnify the seller against any loss, damages and costs or expenses incurred by the seller arising from any non-compliance with these requirements. The customer agrees that they will ensure that their terms of sale protect the seller’s rights as detailed here, throughout the supply chain.

Acceptance of Terms

The giving or a sending of an order to us constitutes an acceptance of these terms by the purchaser. If the purchaser does not accept these terms, the goods must be returned forthwith.

These Terms and Conditions are governed by the laws of England and Wales. Copyright © Compass Horticulture Ltd ALL RIGHTS RESERVED January 2018

We are not responsible for misprints or typographical errors.