Note: Terms & Conditions of Sale are country/region specific. The following Terms & Conditions of Sale apply to product sold within Malaysia.
Acceptance of Terms
These terms and conditions shall govern orders for plants, supplies and other materials (merchandise) placed with Seller. All negotiations 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. All orders are subject to acceptance by Seller at our offices in Beranang, Selangor, Malaysia.
Limitation of Warranty
Seller warrants, to the extent required by law that merchandise conforms to the description appearing in Seller’s catalogue and on container labels, within recognized tolerances. SELLER MAKES NO OTHER OR FURTHER WARRANTY, EXPRESS OR IMPLIED. ALL OTHER OR FURTHER WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. Certain merchandise may be separately warranted by the manufacturer. Seller does not adopt or ratify any manufacturer warranties, express or implied, and Seller shall have no liability thereunder
Limitation of Remedy
PURCHASER’S SOLE AND EXCLUSIVE REMEDY SHALL BE REFUNDED OF THE PURCHASE PRICE ONLY. 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.
Merchandise is not intended for immediate or eventual sale to commercial growers, truck farmers, market gardeners or others who sell fruit or vegetables to the end users. Merchandise is intended for end users only.
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, , and Notice Regarding Seedling-Borne Diseases in language substantially equivalent to that contained in these Terms and Conditions of Sale.
All prices are subject to change without 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.
Payment is due in accordance with terms specified on invoice. Payment is due in invoiced currency and in accordance with the terms specified on invoice. In the event of default in the payment of any amount when due, and in addition to all other rights and remedies available to Seller.
Handling Charges, Inspection, Damaged Goods
The handling charge on Purchaser’s invoice covers shipment of the merchandise to Purchaser’s destination and replacement or credit for damaged merchandise if the steps listed here are followed. PURCHASER WILL NOT REFUSE OR RETURN GOODS OR THE RIGHT TO FILE A CLAIM IS LOST AND PURCHASER WILL STILL BE LIABLE FOR THE MERCHANDISE. When Purchaser receives the consignment: 1) Count all cartons. 2) Inspect all cartons for external damage. 3) Check for open or resealed cartons. 4) Note any damages, shortages, open or resealed cartons on the delivery receipt; the carrier’s representative must also sign the receipt. 5) Open all boxes immediately and inspect for damage such as scorched, frozen or broken plants; material shortages; etc. NOTIFY SELLER IMMEDIATELY IF A CONSIGNMENT IS DAMAGED.
Cancellations for seedlings must be received prior sowing date.
Notice & Return
Seller shall have no liability for any defect unless notice is given promptly, not to exceed thirty (30) days after such defect (disease infected plant) is or should have been discovered. No merchandise may be returned without Seller’s prior written authorization. Requests to return merchandise must be made within ten (10) days after delivery. All returns must be in accordance with Seller’s instructions and charges paid by Purchaser. All requests for return of merchandise must be made to Serotech Sdn Bhd at 03-8926 1238 or 03-8921 3545. The Purchaser will also be asked to provide a letter stating the reason for the return. The order number or invoice number must accompany the return in order to expedite the credit. NOTE: No seedling will be accepted without prior notification to Serotech Sdn Bhd. Effective immediately, seedling that is returned without authorization will not be accepted and credit will not be issued. Seed must be returned in the original condition within ten (10) days of the delivery date for full credit. No open packages will be accepted. No credit or replacement will be given for seedling returned after eleven (11) days from our delivery date because Cilibangi seedlings are perishable, no returns will be accepted.
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.
Varieties described herein are covered under Malaysia New Plant Variety Protection. These varieties may not be reproduced without authorization. The breeder or authorized representative has the right to inspect purchasers’ nurseries during normal business hours to assess compliance with the restrictions on use of protected varieties.
Trademarks are the property of Serotech Sdn Bhd and Universiti Kebangsaan Malaysia (UKM), unless otherwise indicated.
Notice Regarding Seedling-Borne Diseases
Seller makes no representation regarding the freedom from seedling-borne diseases of the seedling sold and disclaims any liability relating to such diseases, whether previously known to exist or not identified until this seedling is well-grown.