Maize Seed Service - Terms and Conditions
a) Aim of the Maize Seed Service
(1) KWS UK Ltd offers the Maize Seed Service based on the terms specified in these Terms and Conditions.
(2) The aim of the Maize Seed Service is to grant a 50% discount of seed purchase costs for re-sowing. Seed must be re-purchased via your chosen distributor.
(3) The Maize Seed Service can only be applied for varieties treated with INITIO Bird Protect supplied by KWS, in KWS branded seed packaging. The service will not be offered for non KWS varieties or KWS varieties which aren’t treated with INITIO Bird Protect.
(4) Users can only claim via the KWS UK website. KWS does not guarantee availability of replacement seed.
(5) Users can only claim for two specific reasons including “Frost damage” or “Bird Damage”.
(6) All claims will be varified at the discretion of KWS UK Ltd.
b) Right to Participate; Service Territory
(1) The Maize Seed Service is strictly offered to business persons operating as farmers (Users) at the time of the second crop planting. The user must be registered in the Maize Seed Service available under “myKWS” on the KWS UK website.
(2) The Maize Seed Service is offered for KWS varieties, pelleted by KWS in the territory of the United Kingdom.
c) Factual Prerequisites
(1) The Maize Seed Service is offered for the purchase of seeds of KWS varieties, for a second crop planting during the same farming year because of a crop failure.
(2) The requirement to drill a second time will be agreed between the user (farmer) and KWS before replacement seed is provided.
d) Seed Requirements
(1) The seed for the first and second crop planting must be a KWS variety, and must be intended for the corresponding crop planting year.
(2) The purchase of seed for the second crop planting must have been registered in the Maize Seed Service available under “myKWS” on the KWS UK website.
(3) A qualified employee of KWS or an expert appraiser retained by KWS shall decide on compliance with the prerequisites in this Section d) point (1) and (2).
e) No Sale, no Sourcing Privileges
(1) In the context of the Maize Seed Service, KWS does not act as the seller of the seed.
(2) Participation in the Maize Seed Service does not justify a claim by the user against KWS for not sourcing a specific KWS variety. KWS reserves its right to offer to the user a KWS variety other than the variety originally drilled.
f) Timing Requirements for Participation
(1) The Maize Seed Service can only be applied to those crops the user entered into properly the Maize Seed Service Module within the registration period ending fourteen (14) days after the drilled of first drilling.
(2) The event that caused the crop failure must have been entered into the Maize Seed Service Module within four (4) weeks of the first drilling.
(3) Crops and events that were not entered into the Maize Seed Service Module by the deadlines specified in Section f) and/or the registration of either both is not completed are not eligible for participation in the Maize Seed Service. Please note that the user will receive an email from KWS confirming registration.
(4) The discount is excluded in all cases if the (i) registration in the Maize Seed Service is not confirmed as completed; and (ii) deadlines for participation or reporting damage set up in this Section f) are not complied with.
g) Required Data
(1) The user is required to enter the following data into the Maize Seed Service Module
• a) Personal details (last name, first name, street address, postal code, city, email);
• For registration in the Maize Seed Service Module and in case of a damage, the user has to enter the following additional data:
• b) Field location (through drawing), field size, field name, variety, lot number [optional] (e.g. DE037-3410819), number of units, sowing date, delivery note, damage reason, damage date
(2) In a re-sowing event, the user shall enter the data mentioned in point (1) b) of Section g) above corresponding to the second sowing seed.
(3) The user must enter truthful data.
(4) KWS can allow the user to submit certain data and/or records retroactively.
h) Contract Concerning Discount in the context of the Maize Seed Service
(1) The user enters an application for discounted seed by entering and submitting the required data in the Maize Seed Service Module (Section g).
(2) The validity of an application pursuant to point (1) of this Section h) implies the user’s assurances that the user operates as a business person and is the buyer of the seed for the first and second crop planting.
(3) The contract between the user and KWS for discounted seed is only perfected if KWS accepts the application. The availability of the Maize Seed Service Module does not justify a claim from the user for discounted seed.
i) Discount; Assessment Basis; Upper Limit
(1) The discount applied to the second crop planting seeds is 50% of the purchase price as per price list at the time of the crop failure. The orders and purchases of the second crop planting seeds shall be done through your nominated distributor.
(2) The discount shall be applied including seed treatment but excluding delivery charges if or where applicable.
(3) Any seed quantities purchased for the second crop planting must not exceed the quantity of the seed purchased for the first crop planting.
j) Map Materials
(1) KWS assumes no liability for the completeness and accuracy of the map materials provided in the Maize Seed Service Module.
(2) KWS is authorized to proportionally adjust discounts for demonstrable acreage deviations.
k) Availability of the Maize Seed Service; Term
(1) Eligibility for use of the Maize Seed Service Module can only be asserted in the context of the technical and operational capabilities of KWS. KWS strives to make its services available with a minimum of interruptions. However, temporary restrictions or interruptions are possible due to technical malfunctions (such as loss of power, hardware and software defects, technical problems with the data cables). Where the Maize Seed Service is not available online, the deadlines specified in Section f) are respectively extended by the timeframe during which the Maize Seed Service Module was not available.
(2) KWS is entitled to terminate the Maize Seed Service at any time without prior announcement and without giving a reason. Valid purchase contracts (Section h) are not affected by the termination of the Maize Seed Service.