1.1 In these Conditions the following terms shall have the following meanings:
“Applicable Data Protection Laws” the Data Protection Act 2018, the UK General Data Protection Regulation (“UK GDPR”), the Privacy and Electronic Communications Regulations 2003, the EU General Data Protection Regulation (EU) 2016/679 (“EU GDPR”), the EU Directive 2002/58/EC, and any legislation and/or regulation implementing or made pursuant, or which amends, replaces, re-enacts or consolidate them, and all other applicable laws relating to the processing of personal data and privacy that may exist in any relevant jurisdiction, including, where applicable, the guidance and codes of practice issued by the Commissioner or supervisory authorities (each as defined in clause 17.1).
“Business Day” means any day on which banks are open for business in the country in which the Goods and/or Services are to be delivered;
“Customer” the person who accepts a Quotation given by the Supplier for the supply of the Goods and/or Services or whose order for the Goods and/or Services is accepted by the Supplier.
“Conditions” the standard terms and conditions of sale set out in this document.
“Contract” a contract for the purchase and sale of the Goods and/or the Services on the Conditions set out in this document.
“Farm Saved Seed” seed planted on a farmer’s own holding using material harvested from his own holding.
“Goods” the goods (including any instalment of the goods or any part of them) described in the Quotation, which the Supplier is to supply in accordance with these Conditions.
“Protected Variety” a variety granted plant breeders’ rights under the Plant Varieties Act 1997 or Regulation (EC) No 2100/94.
“Quantity” the quantity stated to be despatched by the Supplier in accordance with the Quotation with a variation of up to plus or minus 10% by weight. For seed sold by the vehicle or container load, the Quantity means the quantity stated to be despatched by the Supplier in accordance with the Quotation accurate to the number and size of the vehicle(s) or container(s).
“Quotation” Quotation means an offer for the supply of Goods and/or Services. The quantity, quality, and description of and any specification for the Goods and/or the Services shall usually be set out in the Quotation. While in certain circumstances Quotations may be provided orally, the parties will use reasonable endeavours to record the terms of Quotations in Writing.
“Services” the services (including any part of them) described in the Quotation, which the Supplier is to supply in accordance with these Conditions.
“Supplier” Limagrain UK Limited, a company registered in England and Wales with company number 1305690, whose registered office is at Joseph Nickerson Research Centre, Rothwell, Market Rasen, Lincolnshire, LN7 6DT.
“Writing” Includes e-mail and comparable means of communication and “Written” will be interpreted accordingly.
1.2 Any reference in these Conditions to any provision of a statute or statutory instrument shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.4 Any reference to an English legal expression for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates in that jurisdiction to the English legal expression.
1.5 Any reference to these Conditions or to any other agreement or document referred to in these Conditions is a reference to these Conditions or such other agreement or document as varied or novated from time to time in accordance with its terms (in each case, other than in breach of the provisions of these Conditions).