Terms and Conditions for Use of the Company's Products
1. The terms and conditions set forth below are legally binding on anyone who uses the products (seeds and other products) that were sold or otherwise supplied in any way by Hazera (1939) Ltd. (hereinafter, “Hazera” or the “Company”), or by any other party on behalf of the Company.
Consent to the Terms and Changing of the Terms
Restrictions on the Use of the Product
4. The use of seeds and varieties of the Company (hereinafter, the “Products”) will be subject to the terms and conditions which are detailed below:
- By your very opening of the packaging of the Products or use of the Company's Products, you give you full acceptance of these terms.
- Hazera is not liable, directly or indirectly, for Company Products that were not purchased through the Company or through parties who are authorized to market the Company's seeds on its behalf.
- The seeds were produced in accordance with the Company’s high standards. However, the expression of the seeds and the varieties depends on a large number of factors (such as environmental and growing conditions, crop management, storage, undetected defects). The Company does not guarantee that the use of the Products will achieve certain or expected results. Accordingly, the price of seeds is a minimal part of the revenue potential from successful growth.
You agree that:
• The buyer / user of the Products will enjoy the full potential of the income that may arise from the Products, but will also bear the full risk involved in using the Products and growing them. If the user intends to make commercial use of the Products, he must purchase insurance against unsatisfactory results and act in accordance with all laws.
• Except for data that are required by law to be stated and are printed on the packaging of the Products (data which are solely statistical, relating to the Products at the time of sale and not necessarily thereafter) and subject to any concessions provided by law, the Products are sold ‘as is’ without any promise or representation on the part of the Company, verbally, in writing or otherwise, neither directly nor indirectly. Accordingly, the Company will not bear any liability, expressed or implied, including in connection with agrotechnical advice, for any direct, indirect, incidental, special, consequential or punitive damage and/or expense, including in connection with the Products being free from diseases and genetic mutations (GMO) and in connection with the suitability of the seeds for any purpose or use, whether commercial or otherwise.
• The Company's warranty is, in any case, limited to the price paid for the Products. In no case shall the Company or anyone acting on its behalf be liable for direct, indirect, incidental, special, consequential or punitive damages and/or expenses, for any legal reason, beyond the price paid for such Products.
• Complaints will be submitted in writing only, together with the packaging of the Products, and will be reported immediately, in order to allow inspection of the growth, the packaging and the Products by the Company's representatives and those acting on its behalf. The failure to fulfil the aforesaid well be detrimental to the reliability of claims that could not be verified in real time.
• The Products are intended for single growth. Reproduction and re-growth, preservation of materials from a harvested Product for production purposes or other uses are strictly prohibited and any use of seeds for cultivation and hybridization is prohibited, as is making any other change to the seeds.
• The price of the seeds is determined based on the above limitation of liability. Any other warranty limits and suitable prices will be agreed in writing only. Each of the above terms will be enforced as written to the maximum extent possible by law.
Applicable Law and Jurisdiction
• For all matters related to or arising from the Products, the substantive and procedural law of Israel will solely apply, and the sole jurisdiction in this regard will be in the competent courts in the city of Tel Aviv, alone.
The use of masculine pronouns is for convenience only but the aforesaid applies to both sexes equally.