Beet Seed Service Module
a) Aim of the Beet Seed Service
(1) KWS UK Ltd offers the Beet Seed Service also known internationally as “Beet Seed Service Module” at the terms specified in these Terms and Conditions.
(2) The aim of the Beet Seed Service is to grant a discount to seed purchase costs for a second crop planting. For avoidance of any doubts, the mentioned discount is not applicable to CONVISO® ONE herbicide.
(3) The Beet Seed Service can just be applied for varieties bred by KWS and pelleted by KWS.
(5) Users can take advantage of the Beet Seed Service at no charge.
b) Right to Participate; Service Territory
(1) The Beet Seed Service is strictly offered to business persons operating as farmers (Users) at the time of the first or second crop planting. The user must be registered in the Beet Seed Service Module.
(2) The Beet Seed Service is offered for KWS varieties, pelleted by KWS in the territory of the the United Kingdom.
c) Factual Prerequisites
(1) The Beet Seed Service is offered for the purchase of seeds of KWS varieties, pelleted by KWS for a second crop planting during the same farming year because of a crop failure.
(2) The following examples may be valid causes for a crop failure: capping, incrustation, pest damage, frost, hail, etc.
(3) The requirement to drill a second time will be agreed between the user (farmer) and KWS before seed is provided.
d) Seed Requirements
(1) The seed for the first and second crop planting must be a KWS variety, pelleted by KWS and must be intended for the corresponding crop planting year.
(2) The purchase of seed for the first and second crop planting must have been registered in the Beet Seed Service Module.
(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). The option of a court-ordered retroactive review shall remain intact.
e) No Sale, no Sourcing Privileges
(1) In the context of the Beet Seed Service, KWS does not act as the seller of the seed.
(2) Participation in the Beet 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 sugar beet variety other than the variety originally drilled.
f) Timing Requirements for Participation
(1) The Beet Seed Service can only be applied to those crops the user entered into properly the Beet 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 Beet Seed Service Module within eight (8) weeks of the first drilling.
(3) Crops and events that were not entered into the Beet 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 Beet Seed Service. Please note that the user will receive an email from KWS confirming the proper registration.
(4) The discount is excluded in all cases if the (i) registration in the Beet 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 Beet Seed Service Module
- a) Personal details (last name, first name, street address, postal code, city, email);
- For registration in the Beet 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 (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 Beet Seed Service
(1) The user enters an application for discounted seedby entering and submitting the required data in the Beet 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 Beet 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 KWS UK.
(2) The discount shall be applied to the list price including seed treatment.
(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 Beet Seed Service Module.
(2) KWS is authorized to proportionally adjust discounts for demonstrable acreage deviations.
k) Availability of the Beet Seed Service; Term
(1) Eligibility for use of the Beet 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 Beet Seed Service is not available online, the deadlines specified in Section f) are respectively extended by the timeframe during which the Beet Seed Service Module was not available.
(2) KWS is entitled to terminate the Beet 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 Beet Seed Service.