General
All seed cleaning, bulk cleaning, chemical application, seed testing or any other task undertaken by the Company is subject to these terms and conditions unless otherwise agreed in advance in writing by the Company.
Prices
A. Prices quotes are as follows: –
1. Per tonne (or part thereof) of seed cleaned and if applicable dressed and / or bagged.
2. Per hour (or part thereof) in attendance of bulk cleaning.
3. Per sample for laboratory purposes.
4. Per hour or per unit for workshop work.
5. Per drum or per litre of chemical.
6. Per bag (bulk bags).
7. Per mile (or per kilometre).
B. A credit charge of 10% will be made and may be deducted by the customer if payment is made within 28 days from the date of the invoice. Thereafter, in addition, interest at 2% per month will be charged.
C. Any discount agreed in advance (whether standard or not) from the company’s list price is allowed strictly on the basis that the Company receives payment in full within 28 days from the date of the invoice.
D. If seed or grain etc. needs to be passed through the cleaner twice, each passage will be regarded as a separate cleaning and as such be charged twice provided that the Company shall obtain the customer’s approval in advance if a second cleaning is required.
E. With the exception of chemicals available ex stock at the time of accepting the order, the Company reserves the right to change the selling price of the chemical to one which reflects any change in cost of supply to the Company.
Sampling
A. It is the sole responsibility of the customer to ensure that a correct sample is taken and that this sample represents the bulk, (be it for seed cleaning or for analysing the results of bulk cleaning).
B. Where the bulk has been bulk cleaned, the customer must ensure that the cleaned sample is acceptable to the end user before there is any movement of grain as the company will accept no liability whatsoever should the sample be unacceptable to the end user for whatever reason.
C. It is the customer’s responsibility to ensure the seed presented for cleaning and / or dressing is of acceptable quality ie of acceptable varietal and species purity, a moisture content not exceeding the recommended for that species for seed purposes and the germination is in excess of 85%.
D. The Company is not an Official Seed Testing Station and will not accept any responsibility for the accuracy of any tests or interpretations given of the results thereof. The Company can arrange for official samples to be taken and for any samples to be tested at an Official Seed Testing Station at the customer’s expense.
Cleaning Operation
The Company will provide all necessary information and assistance but: –
A. The customer must supply a continuous supply of grain (etc.) to the cleaning machine as well as labour for the removal of bulk bags away from the machine or to pallet in the case of paper bags. This is to ensure that the crew may concentrate on operating the machine.
B. It is the responsibility of the customer to ensure that any dust or chaff caused by the cleaning machine can cause no damage to other stored crops, livestock, machinery, buildings, people etc. and the Company will accept no liability for any damage so caused.
C. The Company reserves the right to decline cleaning the grain if on inspection of a representative sample or on inspection of cleaning requirements the crew believes the machine is unsuitable for the operation.
D. The Company will operate its cleaning machines, to the best of the machine’s ability, using reasonable care and skill. The Company will supply one person to run the gravity bulk cleaner, two persons to run a seed cleaner and unless otherwise agreed no one to run a conventional bulk cleaner after the first hour (during arrival and set up).
E. All machines will need to work on hard standing as well as being under cover in wet weather and at all times away from drains, feed stuffs etc.
F. Employees of the Company are not permitted to drive the customer’s machinery, unless the customer has supplied adequate instruction and is satisfied the Company employee is competent to drive or use the machinery. Any accident or damage caused by a Company employee whilst operating a machine will be the sole responsibility of the customer. The customer agrees to indemnify the Company, its agents and its employees against any claims, losses, costs and expenses suffered as a result of any accident caused by a Company employee using the customer’s machinery.
Liability
A. All orders are accepted in good faith but the Company shall not be liable for any loss whatsoever from the Company’s failure to carry out all or part of the work by any particular date.
B. The Company will use its discretion as to how hard to clean and will not be liable should the screenings removed exceed the instructions of the customer.
C. All advice, information and / or recommendations are given in good faith but the Company cannot be held liable for the quality thereof, provided the Company or its employees have not been negligent.
D. All seed / grain cleaning and dressing is carried out entirely at the customer’s risk. The Company shall not be liable for any damage caused to any property of the customer or to any person incidental to the operating of the machine save in so far as such damage is caused by negligence of the Company or its employees.
Miscellaneous
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.