Terms & Conditions of Sale
The following Terms & Conditions of Sale are applicable to products purchased from Bil-Wudhu Seedlings and Agriculture.
Acceptance of Terms
The following terms and conditions shall govern orders for seeds,plants, services ,supplies and other materials (merchandise) placed with Seller. All negotiations and agreements with sales representatives or other agents of Seller are merged herein. No modification of these terms and conditions shall be effective unless in writing signed by Seller. Placement of the order shall constitute Purchaser’s acceptance of these terms and conditions.
Limitation of Warranty
Seller warrants, to the level required by law that merchandise complies with the description appearing in Seller’s catalogue and on product labels, within recognized tolerances. SELLER MAKES NO ANY OTHER OR EXTENDED WARRANTY, EXPRESS OR IMPLIED. ALL OTHER OR FURTHER WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A SPECIFIC PURPOSE, ARE EXCLUDED. Certain merchandise may be separately and individually warranted by the manufacturer. Seller does not adopt or ratify any warranties held by the manufacturer, express or implied, and Seller shall have no liability whatsoever thereunder. Seller does not accept, adopt or ratify any manufacturer warranties, express or implied, made by Purchaser upon resale of the merchandise, and Seller shall have no liability thereunder.
Limitation of Remedy
PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR PRODUCTS THAT CARRY A REFUND SHALL BE REFUND OF THE PURCHASE PRICE. SELLER’S LIABILITY, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
Governing Law, Jurisdiction & Venue
The South African law shall govern all matters arising out of or relating to Seller’s sale of merchandise.
Indemnity
By accepting merchandise, Purchaser agrees to defend Seller, to hold it harmless and indemnify it from and against any claim or loss asserted by any or all transferees of such merchandise or users of the products of such merchandise who are not notified by Purchaser in writing of Limitation of Warranty, Limitation of Remedy, Mandatory Arbitration, Governing Law Jurisdiction and Venue, and Notice Regarding any Borne Diseases in language substantially equivalent to that contained in these Terms and Conditions of Sale.
Prices
All prices are subject to change without prior notice. The price in effect at time of shipment will prevail. Prices do not include installation; Seller takes no responsibility, and shall have no liability for installation. Additional processing and handling charges may be added.
Errors and omissions accepted.
The seller can rectify errors on pricing and products and may cancel an order if deemed fit with notification and necessary refunds will be implemented.
Shipment of Orders
Seller undertakes to ship orders to the account holders registered address. Seller cannot be held responsible for delays caused by 3rd party shipping companies.
Method of Shipment
We prefer and recommend that all parcels are shipped via Courier to your physical address. This requires that you leave a physical address as the delivery address on your order and not a PO Box, P Bag or Postnet address. Should a PO Box, P Bag or Postnet address be left as the delivery address we will assume that it is your choice to send it via the Post Office and the order will be shipped via the post office to the PO Box, Postnet Suite or Pbag address that you left. It must be noted that should the parcel be delayed / go missing with the postal service that we cannot accept any liability or enter into any correspondence regarding this.
Damaged or missing parcels
Parcels sent with our designated couriers that go missing or are damaged will not be the responsibility of the seller. However upon proper investigation the seller may come to an arrangement that may deem fit to assist best to it’s ability to reach a suitable agreement. The decision lies solely on the seller.
Despatch Time
The seller undertakes Confirmed Special Seedling orders, may take between 3-8 weeks depending on variety. Please check lead times.
Purchases made on available stock will be shipped within 7 working days from payment received in full.
Delays, Shortages & Substitutions
Seller shall not be responsible for delays in delivery or for losses resulting from such delays. Seller reserves the right to make partial shipment. In the event of shortages, Seller may substitute such other, similar merchandise as is available.
Shipping option
It is the buyers responsibility to select the correct shipping options. The seller will not be held responsible for any errors or delays or cost caused by this.
Trademarks
Trademarks remain the property of Bil-Wudhu Seedlings and Agriculture unless otherwise indicated or mentioned.
Notice Regarding Borne Diseases
Seller makes no representation regarding the freedom from any borne diseases of the seed and plants sold and disclaims any liability relating to any such diseases, whether previously known to exist or not identified until this seed or plant is grown.