Non-warranty
Owing to certain conditions over which we have no control, such as changeable climatic conditions and the fact that seeds are indistinguishable in appearance from other seeds, we give no WARRANTY expressed or implied, as to description, character or name of any seeds supplied by us, or as their productiveness, germination or growth.
Non-warranty – GRAIN / COMMODITY
Buyers attention is drawn to the description of goods on the invoice, due to their nature no guarantee of 100% purity can be given.
Important – Limitation of Liability
AGT FOODS AFRICA warrants that this seed conforms to the description as detailed on the container, within accepted tolerances. No further express or implied warranty regarding the merchantability, fitness for a specific purpose, or quality of the seed, or otherwise is provided and, other than stipulated herein, all forms of liability relating to this seed, irrespective of the nature, cause or extent thereof and further irrespective of negligence (ordinary or gross) on the part of AGT FOODS AFRICA, are specifically excluded.
The exclusive remedy for loss or damage owing to breach of the above-mentioned warranty shall be limited to the amount of the purchase price of the defective seed and, in light of the above stated exclusion, in no event shall AGT FOODS AFRICA be liable for consequential damage suffered by the purchaser or user of the seed. Claims for defective seed in terms hereof will only be considered if received by AGT FOODS AFRICA by registered mail within 30 days after being discovered or reasonably should have been discovered. Should the above-mentioned terms not be acceptable to the purchaser, the purchaser must return the seed unopened and in the same condition as at delivery within 72 hours for a refund of the purchase price only.
1. Acceptance of our Terms
By visiting the website AGRFOODSAFRICA.COM/ZA, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to AGTFOODS.COM/ZA, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of AGTFOODS.COM/ZA. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and AdvanceSeed.com and that your use of AdvanceSeed.com shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that AFTFOODS.COM/ZA is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that AdvanceSeed.com is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that AGTFOODS.COM/ZA may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. AGTFOODS.COM/ZA authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4. Submitted Content
When you submit content to AGTFOODS.COM/ZA you simultaneously grant AGTFOODS.COM/ZA an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to AGTFOODS.COM/ZA
5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
6. Disclaimer of Warranties
You understand and agree that your use of AGTFOOD.COM/ZA is entirely at your own risk and that our services are provided “As Is” and “As Available”. AdvanceSeed.com does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the AGTFOOD.COM/ZA website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
7. Limitation of Liability
You understand and agree that AGTFOOD.COM/ZA and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not AdvanceSeed.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of AGTFOODS.COM/ZA is limited to the greatest extent permitted by law.
8. External Content
AGTFOODS.COM/ZA may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that AGTFOODS.COM/ZA is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
9. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by AGTFOOD.COM/ZA to resolve any legal matter arising from this agreement or related to your use of AGTFOODS.COM/ZA. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and AGTFOODS.COM/ZA. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
11. Changes to the Terms
AGTFOOD.COM/ZA reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of AdvanceSeed.com after any changes to Terms will signify your agreement to be bound by them.
