These Terms and Conditions apply to all offers, transactions and agreements between Biocarve Seeds (hereinafter called the ‘seller’) and the buyer, except in so far as expressly provided otherwise by us in writing. The applicability of any terms and conditions of the buyer is expressly rejected.
Seed: Majorly all seeds sold are from our own produce and partly are imported. They meet FIS stipulated germination standards, and are in conformance with the label description required by the Indian Seed Act, 1966. Subject to availability, we can supply seeds in our own original packing. Growing instructions for all items where-ever available on the website are purely suggestions and customers are strongly advised to consult field experts also before planting and growing the same. All seeds sold on Biocarve.com are for hobby gardeners and are not for professional or commercial use.
Quantities and Delivery: Lesser quantities than those indicated in this list cannot be supplied. Indicated seed counts are as approximately accurate as possible. The Seller undertakes to deliver goods within a reasonable period, in accordance with the sowing or planting season after the purchase agreement is concluded. However as agreed delivery period will not be of the essence.
Offers and Prices: The offers made by the Seller are without commitment. The Seller reserves the right to change prices periodically. All prices quoted in this list cancel and supersede all previous offers and lists, and are subject to stock being unsold at the time of receipt of order. The Seller reserves the right to cancel any and all offers in the event of non-availability of stock, or to make pro-rata supplies in the event of stock shortage. Crop failure or any other cause beyond our control such as “Force majeure” circumstances that make performance impossible or unreasonable, releases the Seller from delivery entirely. We will not be liable for any claims for damages in such circumstances.
Payment and Remmittances: All ordered items will be sent by Value Payable Post (VPP)in case of Cash on Delivery or Courier Services if opted for payment through Credit/Debit Card or Internet Banking. We accept payment through Cash on Delivery, Credit/Debit Card and Internet Banking.
Non Warranty and Limitation of Liabilities: Our seeds have been carefully grown, selected, packed, monitored, and tested. Yet even with the highest quality of seed, success depends largely upon soil, weather and cultivation practices over which we have no control or influence. Adverse or uncontrolled conditions can and do produce physiology disorders in all plants. The seller can therefore give no warranty, expressed or implied, nor undertake any responsibility as to description, productivity, fitness or purpose, and purity of the seeds we sell, nor shall we be responsible for the crop or outcome once the seeds have been sown. Our liability in any event is limited to the purchase price of such seeds. We will in no event be liable for any form of consequential (including loss of profits), incidental, indirect or special damages of any kind, whether based on contract, tort or any legal theory. All seed is sold on this understanding and on the expressed condition that once goods have been shipped, posted or otherwise dispatched our responsibility absolutely ceases, and we are not bound to take back or receive the same and no claim for damages or compensation shall be made against us for any reason(s) whatsoever.
Disputes: Disputes, if any, will be subjected to the jurisdiction of the courts and/or relevant authorities only in the city of Patiala. In the event of a dispute the Seller and buyer will first attempt to reach a solution in mutual consultation, or otherwise by means of mediation. If the dispute is not so resolved and calls for the intervention of an arbitration tribunal or civil court, then all such actions will be subject to the jurisdiction of the competent authority or court only in the city of Patiala, where the Seller has its office. The Seller will at the times have the right to summon the buyer before any and all such competent authorities, and to examine all verifiable and recorded evidence pertaining to the buyer’s claim.
By placing an order in any form and by and means whatsoever, the buyer acknowledges that the limitations and disclaimers described above are conditions of sale, and that they constitute the entire agreement between the parties regarding warranty and liability, and with which the buyer agrees freely and in entirety.