Export Terms & Conditions
International / Export Sale of Vegetable Seeds
“These regulations will come into effect from 1st January 2025 (the ‘Effective Date’) and will replace all previously published versions by Farmson Biotech Pvt. Ltd.”
General Scope
1.1 These Terms & Conditions (“T&C”) govern all sales of vegetable seeds by Farmson Biotech Pvt. Ltd. (the “Seller”) to domestic and export buyers (the “Buyer”).
1.2 By placing an order, the Buyer acknowledges that it has read, understood, and agrees to be bound by these T&C, unless otherwise agreed in writing by the Seller.
1.3 Any deviation from these Terms & Conditions must be explicitly confirmed in writing by the Seller to be valid.
Product Disclaimer & Limitation of Warranty
2.1 Reference-Only Information
All information provided by the Seller regarding the product is based on its testing and experience and is intended solely for reference purposes. Such information shall not be construed as a warranty or guarantee of quality or performance. Any photos, advertisements, or product representations on packaging are illustrative only and may not always correspond exactly to the actual product. The Buyer acknowledges that such information does not constitute a guarantee or promise by the Seller. The Buyer shall be solely responsible for determining the suitability of the product under local conditions.
2.2 Variation in Results
Product-related information is based on specific samples tested by the Seller. The same results cannot be assured at the Buyer’s location, as outcomes may vary depending on soil type, climate, and cultivation practices. Any statement by the Seller regarding germination capacity is based on laboratory testing only and does not guarantee field performance.
2.3 Limited Warranty
a. The Seller’s sole and exclusive warranty is that, at the time of dispatch, the product shall conform to the description printed on the container label. The Seller makes no guarantee or warranty, express or implied, as to the performance or results of the product under uncontrolled field conditions.
b. The Seller’s liability, if any, shall be strictly limited to the invoice value of the seeds supplied and shall not extend to any consequential, indirect, or incidental losses suffered by the Buyer.
c. The Seller shall not, under any circumstances, be liable for any loss of yield, loss of profit, or any indirect, incidental, or consequential damages, including but not limited to costs relating to labour, fertilizers, pesticides, cultivation, or other agricultural inputs.
Germination & Complaint Policy
3.1 The Buyer shall conduct an independent germination test immediately upon receipt of the seeds and must notify the Seller of any issue within 15 (fifteen) days for domestic sales and 25 (twenty-five) days for export sales from the date of delivery.
3.2 Complaints made after the above period shall not be accepted, as seed viability is dependent on storage, handling, and other factors beyond the Seller’s control.
3.3 No complaint shall be entertained if:
- Seeds were not stored under the recommended conditions;
- Seeds were sown outside the recommended season or region;
- Loss or damage resulted from third-party chemicals, treatments, pests, diseases, or environmental factors.
3.4 In the event of a valid complaint, duly supported by laboratory test reports from an ISTA-accredited or government-approved laboratory, the Seller may, at its sole discretion, either:
- Replace the seeds, or
- Issue a credit note limited strictly to the invoice value of the seeds.
Customized Brand & Loose Seeds
4.1 For customized brand packaging or loose seeds, the Buyer shall assume full responsibility for resale, distribution, and compliance with all applicable labeling, packaging, and marketing regulations in the destination country.
4.2 The Seller shall not be held liable for any claims, losses, or liabilities arising out of or in connection with the Buyer’s rebranding, repacking, relabeling, or resale of the product under the Buyer’s brand or label.
Registration, Export Terms & Buyer’s Responsibility
5.1 Registration & Representation
The Seller, Farmson Biotech Pvt. Ltd., represents that the seed variety described in the Contract has been registered or entered in the appropriate Directorate of Agriculture, Gujarat State (India) varietal registry, or enrolled per applicable State/national rules (the “Registered Variety”). The Buyer acknowledges receipt of the Seller’s supporting documents, including but not limited to the Certificate of Origin, Phytosanitary Certificate, Seed Analysis Report, and Certificate of Purity/Germination.
5.2 Variety Specification & Adaptation
The Seller’s variety specifications, including salient characteristics, DUS traits, germination, purity, and intended agro-climatic zones of adaptation, are prepared according to Indian certification and registration practices. These specifications indicate the variety’s performance within Indian agro-climatic zones only. The Seller does not warrant adaptation, yield, or disease resistance outside those indicated zones.
5.3 Buyer Responsibility for Import & Local Registration
Each country has its own specific import and seed registration rules, which must be strictly followed. The Buyer bears full responsibility for ensuring that all necessary registrations, licenses, and approvals are obtained. The Seller’s provision of Indian phytosanitary, quality, or certification documents does not substitute for the importing country’s registration or permit requirements. In case of any issues, penalties, delays, or rejection arising from non-compliance, the Buyer shall be fully liable, and the Seller shall not be held responsible.
The Buyer shall be solely responsible for:
- Compliance with all import, quarantine, and variety registration laws and regulations of the destination country.
- Obtaining any import permits, licenses, pre-shipment testing, local registration, or release approvals as required by the importing country or its Ministry of Agriculture (MOA) or relevant authorities.
- Any costs, delays, seizures, re-exports, or destruction resulting from non-compliance.
5.4 Limitation of Liability & Disclaimer
Except for any express written warranties provided by the Seller, all seeds are sold strictly “AS IS” and for agricultural use only. The Seller expressly disclaims any implied warranties of fitness for a particular purpose in the importing country and shall not be liable for any direct, indirect, incidental, special, or consequential damages — including lost profits, regulatory penalties, or loss of markets — arising from the Buyer’s use, resale, planting, or distribution of seeds outside India or in conditions beyond the stated agro-climatic zones.
5.5 Indemnity
The Buyer shall indemnify and hold the Seller harmless from and against any fines, claims, losses, or liabilities, including legal costs, arising from the Buyer’s failure to obtain required permits or comply with importing country laws.
Payment Terms
6.1 Payment terms shall be as specified in the corresponding invoice or sales agreement issued by the Seller.
6.2 Any overdue amount shall attract interest at the rate specified in the invoice, or at such rate as permitted under applicable law, whichever is higher.
6.3 All transfer and remittance costs, including any charges incurred at the Buyer’s or receiving bank’s end, shall be borne solely by the Buyer. The Buyer shall ensure that all payments are made “FREE OF CHARGE FOR RECEIVER ACCOUNT” or marked as “OWN.” Orders shall not be considered confirmed until full payment, free of bank deductions, has been received by the Seller.
Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India. The parties hereby agree that the courts located in Bharuch, Gujarat, India, shall have exclusive jurisdiction over any disputes, claims, or legal proceedings arising out of or in connection with this Agreement.
Acknowledgment
By accepting delivery of the seeds, the Buyer acknowledges that it has read, understood, and agreed to be bound by these Terms & Conditions in full.
Export Terms & Conditions
International / Export Sale of Vegetable Seeds
“These regulations will come into effect from 1st January 2025 (the ‘Effective Date’) and will replace all previously published versions by Farmson Biotech Pvt. Ltd.”
General Scope
1.1 These Terms & Conditions (“T&C”) govern all sales of vegetable seeds by Farmson Biotech Pvt. Ltd. (the “Seller”) to domestic and export buyers (the “Buyer”).
1.2 By placing an order, the Buyer acknowledges that it has read, understood, and agrees to be bound by these T&C, unless otherwise agreed in writing by the Seller.
1.3 Any deviation from these Terms & Conditions must be explicitly confirmed in writing by the Seller to be valid.
Product Disclaimer & Limitation of Warranty
2.1 Reference-Only Information
All information provided by the Seller regarding the product is based on its testing and experience and is intended solely for reference purposes. Such information shall not be construed as a warranty or guarantee of quality or performance. Any photos, advertisements, or product representations on packaging are illustrative only and may not always correspond exactly to the actual product. The Buyer acknowledges that such information does not constitute a guarantee or promise by the Seller. The Buyer shall be solely responsible for determining the suitability of the product under local conditions.
2.2 Variation in Results
Product-related information is based on specific samples tested by the Seller. The same results cannot be assured at the Buyer’s location, as outcomes may vary depending on soil type, climate, and cultivation practices. Any statement by the Seller regarding germination capacity is based on laboratory testing only and does not guarantee field performance.
2.3 Limited Warranty
a. The Seller’s sole and exclusive warranty is that, at the time of dispatch, the product shall conform to the description printed on the container label. The Seller makes no guarantee or warranty, express or implied, as to the performance or results of the product under uncontrolled field conditions.
b. The Seller’s liability, if any, shall be strictly limited to the invoice value of the seeds supplied and shall not extend to any consequential, indirect, or incidental losses suffered by the Buyer.
c. The Seller shall not, under any circumstances, be liable for any loss of yield, loss of profit, or any indirect, incidental, or consequential damages, including but not limited to costs relating to labour, fertilizers, pesticides, cultivation, or other agricultural inputs.
Germination & Complaint Policy
3.1 The Buyer shall conduct an independent germination test immediately upon receipt of the seeds and must notify the Seller of any issue within 15 (fifteen) days for domestic sales and 25 (twenty-five) days for export sales from the date of delivery.
3.2 Complaints made after the above period shall not be accepted, as seed viability is dependent on storage, handling, and other factors beyond the Seller’s control.
3.3 No complaint shall be entertained if:
- Seeds were not stored under the recommended conditions;
- Seeds were sown outside the recommended season or region;
- Loss or damage resulted from third-party chemicals, treatments, pests, diseases, or environmental factors.
3.4 In the event of a valid complaint, duly supported by laboratory test reports from an ISTA-accredited or government-approved laboratory, the Seller may, at its sole discretion, either:
- Replace the seeds, or
- Issue a credit note limited strictly to the invoice value of the seeds.
Customized Brand & Loose Seeds
4.1 For customized brand packaging or loose seeds, the Buyer shall assume full responsibility for resale, distribution, and compliance with all applicable labeling, packaging, and marketing regulations in the destination country.
4.2 The Seller shall not be held liable for any claims, losses, or liabilities arising out of or in connection with the Buyer’s rebranding, repacking, relabeling, or resale of the product under the Buyer’s brand or label.
Registration, Export Terms & Buyer’s Responsibility
5.1 Registration & Representation
The Seller, Farmson Biotech Pvt. Ltd., represents that the seed variety described in the Contract has been registered or entered in the appropriate Directorate of Agriculture, Gujarat State (India) varietal registry, or enrolled per applicable State/national rules (the “Registered Variety”). The Buyer acknowledges receipt of the Seller’s supporting documents, including but not limited to the Certificate of Origin, Phytosanitary Certificate, Seed Analysis Report, and Certificate of Purity/Germination.
5.2 Variety Specification & Adaptation
The Seller’s variety specifications, including salient characteristics, DUS traits, germination, purity, and intended agro-climatic zones of adaptation, are prepared according to Indian certification and registration practices. These specifications indicate the variety’s performance within Indian agro-climatic zones only. The Seller does not warrant adaptation, yield, or disease resistance outside those indicated zones.
5.3 Buyer Responsibility for Import & Local Registration
Each country has its own specific import and seed registration rules, which must be strictly followed. The Buyer bears full responsibility for ensuring that all necessary registrations, licenses, and approvals are obtained. The Seller’s provision of Indian phytosanitary, quality, or certification documents does not substitute for the importing country’s registration or permit requirements. In case of any issues, penalties, delays, or rejection arising from non-compliance, the Buyer shall be fully liable, and the Seller shall not be held responsible.
The Buyer shall be solely responsible for:
- Compliance with all import, quarantine, and variety registration laws and regulations of the destination country.
- Obtaining any import permits, licenses, pre-shipment testing, local registration, or release approvals as required by the importing country or its Ministry of Agriculture (MOA) or relevant authorities.
- Any costs, delays, seizures, re-exports, or destruction resulting from non-compliance.
5.4 Limitation of Liability & Disclaimer
Except for any express written warranties provided by the Seller, all seeds are sold strictly “AS IS” and for agricultural use only. The Seller expressly disclaims any implied warranties of fitness for a particular purpose in the importing country and shall not be liable for any direct, indirect, incidental, special, or consequential damages — including lost profits, regulatory penalties, or loss of markets — arising from the Buyer’s use, resale, planting, or distribution of seeds outside India or in conditions beyond the stated agro-climatic zones.
5.5 Indemnity
The Buyer shall indemnify and hold the Seller harmless from and against any fines, claims, losses, or liabilities, including legal costs, arising from the Buyer’s failure to obtain required permits or comply with importing country laws.
Payment Terms
6.1 Payment terms shall be as specified in the corresponding invoice or sales agreement issued by the Seller.
6.2 Any overdue amount shall attract interest at the rate specified in the invoice, or at such rate as permitted under applicable law, whichever is higher.
6.3 All transfer and remittance costs, including any charges incurred at the Buyer’s or receiving bank’s end, shall be borne solely by the Buyer. The Buyer shall ensure that all payments are made “FREE OF CHARGE FOR RECEIVER ACCOUNT” or marked as “OWN.” Orders shall not be considered confirmed until full payment, free of bank deductions, has been received by the Seller.
Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India. The parties hereby agree that the courts located in Bharuch, Gujarat, India, shall have exclusive jurisdiction over any disputes, claims, or legal proceedings arising out of or in connection with this Agreement.
Acknowledgment
By accepting delivery of the seeds, the Buyer acknowledges that it has read, understood, and agreed to be bound by these Terms & Conditions in full.