Terms and Conditions

1. General
a. In these terms and conditions a reference to 'Titanium Racing' or 'Titanium Racing ' is a reference to Barenbrug UK Ltd (Company Number 1692116) whose registered office is 33 Perkins Road, Rougham Industrial Estate, Bury St Edmunds, Suffolk, IP30 9ND trading from time to time under the name 'Titanium Racing' or 'Titanium Racing '.

b. Unless otherwise agreed in writing, these terms and conditions apply to all quotations and sales made by Titanium Racing , and supersede all earlier terms and conditions of Titanium Racing and any conflicting conditions proposed by the buyer.

2. Quality of goods
a. All information concerning the goods and their performance given orally or in
writing by Titanium Racing is given in good faith, but is not to be taken as representation by Titanium Racing as to performance of goods sold, which will be dependant on the local climatic and other conditions. Sales are made by Titanium Racing on the understanding that the buyer has satisfied himself of the suitability of the goods for his requirements.

b. Goods supplied expressly for trial purposes are for experimental use only. It is a condition of sale that they shall not be reproduced for resowing or sale.
All other goods comply at the time of delivery unless otherwise stated with the minimum standards of the UK regulations and/or the EEC Directives and/or other relevant UK statutory provisions in force.

3. Quantity and price
Unless otherwise stated:
a. Quantities of goods sold mean within 10% over or under the stated amount.
b. Prices are exclusive of VAT and inclusive of applicable royalties for the UK
Plant Breeders Rights in respect of goods purchased from Titanium Racing .
c. Sales for deliveries overseas are subject to adjustment in price to take account of fluctuations in freight, insurance and exchange rates between date of quotation and date of despatch.

4. Delivery
a. Delivery dates given by Titanium Racing are estimates only and Titanium Racing will accept no liability arising from early or late delivery.
b. If the buyer refuses or fails to take delivery of the goods or fails to make a payment when due, Titanium Racing reserves the right to repudiate further performance and to hold the buyer liable for any loss thereby arising.
c. Titanium Racing may withhold delivery until all outstanding payments under any contract with Titanium Racing have been made by the buyer.

5. Property and risk
Property in goods shall not pass to the buyer until payment has been made in full. Risk will pass on the earlier of delivery to the buyer or to the buyer's carrier (or carrier arranged on Titanium Racing on the buyer's behalf.)

6. Availability
Where the goods of the contract description are at Titanium Racing Seed's disposal at the time agreed for delivery are insufficient quantity to meet demand, Titanium Racing shall not be obliged to buy such goods to make up the shortfall and shall have the right to apportion available stock between buyers at Titanium Racing Seed's absolute discretion and treat any accepted order as amended accordingly. Titanium Racing will give buyers as long notice as possible of any apportionment.
 
7. Cancellation
If the buyer cancels in part or as a whole any order that has been accepted by Titanium Racing , the buyer shall be liable to pay Titanium Racing a fair estimate of the likely loss to Titanium Racing arising out of the cancellation.

8. Acceptance
The buyer must inspect goods immediately on receipt and must within 3 days give notice to Titanium Racing of any defect in quantity, quality or condition apparent on reasonable inspection. Written confirmation of such notice must reach Titanium Racing within 10 days of delivery.
If the buyer fails to give such notice and confirmation in the time stated the goods shall be deemed to accord with the contract and the buyer shall be bound to accept and pay for them.
A delivery note for the goods found to be damaged must be noted “goods received damaged.”

9. Payment
All invoices are payable within 30 days of invoice. Titanium Racing reserves the right to charge interest at 2% per month or part month on overdue payments. If any order is made or resolution passed for winding-up or liquidation of the buyer (other than for amalgamation or reconstruction) all sums outstanding will become immediately due. 

10. Force Majeure
Titanium Racing shall not be responsible for delay in delivery of goods sold or part thereof nor the buyer for delay in accepting or taking delivery occasioned by any event beyond the reasonable control of the parties including but not limited to act of God, legal requirements, strike, failure of transport, machinery or power, adverse weather or failure or disease of crops, provided that written notice is given to the other party to the contract within 7 days of the defaulting party's knowledge of the occurrence.

11. Seller's Liability
Titanium Racing believes that the goods sold by it are free form latent defect (unless otherwise stated) but it is not a condition of sale and no warranty is given that goods are free from latent defect and Titanium Racing will accept no liability whatsoever for loss or damage arising from defects in goods which could not reasonably have been discovered by Titanium Racing prior to delivery or for defects occurring without negligence on the part of Titanium Racing or for mutants generated during reproduction, or for germination, or for crop results.
Titanium Racing liability for defects notified according to clause 8 will be limited, at Titanium Racing option to replacement of the goods or refund of their purchase price.
In any event Titanium Racing maximum liability under any contract to which these conditions apply will be 4 times the price paid by the buyer for the goods. The price of the goods reflects these limitations on Titanium Racing liability.

12. Arbitration
All disputes concerning or arising out of these Conditions of Sale to which they apply shall be referred to a single arbitrator to be agreed on by Titanium Racing and the buyer, or failing agreement to be nominated by the chairman of the United Kingdom Agricultural Supply Trade Association Limited England. Unless otherwise agreed arbitration shall be carried out in England subject to the Arbitration Act 1950 as subsequently amended and re-enacted.

13. Law
The construction, validity and performance to which these conditions apply shall be governed by English Law.