Terms and Conditions of Trade
Copyright © 2002 Kings Seeds (NZ) Ltd
The content of this site, including without limitation, all product descriptions, text, graphics including product images, names, logos and trade marks are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise. All rights, title and interest in and to the content are owned, licensed or controlled by Kings Seeds (NZ) Limited.
APPLICATION OF TERMS AND CONDITIONS
Where an order has been placed and accepted a contract for supply will be deemed to exist. No alterations to these terms and conditions shall be binding on the Company unless agreed to in writing. If these terms and conditions of sale are not acceptable the purchaser should immediately return the products unopened for credit.
All prices are in NZ Dollars, inclusive of GST and exclusive of freight or handling charges. Please refer to Handling section for these separate charges.
Acceptable forms of payment are credit card (Visa or Mastercard), cheques made out to "Kings Seeds (NZ) Ltd", money orders or direct credit payment (see bank account details). Payment is required in full for all home gardener orders placed online, by email, post or facsimile.
All goods are carried at the Purchaser’s risk and the Purchaser is responsible for any insurance of Products (if required). The Company accepts no liability for any default or delays in the delivery of the order or any part of it.
RETURN OF GOODS
The Company reserves the right in its absolute discretion to accept a return of the product or to credit the purchaser with the cost thereof, in the event of acceptance of such a return.
We want happy customers. If you make a genuine mistake we will always try to help. All we ask is that you contact us before Product is returned.
The sale of Products by the company is made strictly on the basis that the Purchaser accepts the following conditions:
¨ All cultural and descriptive information provided is for use as a guide only.
¨ Variations may occur due to geographical locations, soil conditions or cultural and management practices. The Company will not accept responsibility for accuracy of this information.
¨ The Company warrants to the extent of the purchase price that seeds are as described on the container within recognised tolerances.
¨ The Company gives no further warranty, expressed or implied, and will not be held liable for any direct, indirect or consequential loss arising from the use of any Products supplied by the Company, any failings in the performance of, or any defect in, the Product supplied by the Company, or from any acts or omissions of the Company pursuant to these terms and conditions.
The Liability of the Company as the vendor of the Product whether in contract (or pursuant to any cancellation of any contract) or in tort, for any loss, damage or injury arising directly or indirectly from any misdescription, defect or non-compliance of the product supplied (whether such liability arises from any express term of any contract or is implied by law), or for any failure to achieve the result expected or for any representation made, or for negligence, is limited to replacement of such Product, at the Company’s option, or to damages not exceeding the purchase price of the Product in respect of which such liability arises.
Kings Seeds (NZ) Ltd shall have no further liability or responsibility for any direct, indirect or consequential injury or loss whatsoever.
PURCHASER: is the person or firm purchasing products from the Company.
PRODUCTS: are products and services purchased by the Purchaser from the Company.
PERSON: refers to partnership, individual, Company, Corporation or any legal entity.