Terms & Conditions

"Conditions" are these terms and conditions of trading and any special terms and conditions mentioned on any written quotation or acceptance of the Customer's order.

"Customer" means the party identified as the Customer in these conditions to whom Forage Technology may agree to supply Products in accordance with these conditions.

"Contract" is the contract for the purchase and sale of the products.

"Quotation" or "quote" is a tender made by Forage Technology whether oral or in writing.

"Forage Technology" means Forage Technology Limited, company registration number 03283676 trading as Forage Technology Limited, registered address Unit 1, Furness Vale Marina, Station Road, Furness Vale, High Peak SK23 7QA or any subsidiary or associated company.

"Products" means products and/or services including but not limited to Safeguard 6 and related silage inoculants to be provided by Forage Technology to the Customer in accordance with these terms and conditions.

"Estimated Times" means the timescale provided on the delivery date specified by Forage Technology.

All orders placed with Forage Technology by the Customer for Products shall constitute an offer to Forage Technology, under these conditions, subject to availability of the products and to acceptance of the order by Forage Technology's authorised representative.

All orders are accepted and Products supplied subject to these express terms and conditions only. No amendment to these terms and conditions will be valid unless confirmed in writing on or after the date hereof by Forage Technology's authorised representative.

The Customer agrees to have all its contact details held for the purpose of processing this order. Customers may request removal of other personal data as outlined in the privacy policy available on the website.

These terms and conditions prevail over the Customer's terms and conditions of purchase unless Forage Technology amends these latter terms and conditions in writing and signed by Forage Technology's authorised representative to expressly agree that the Customer's terms and conditions will prevail.

Forage Technology's employees or agents are not authorised to make any representations concerning the Products unless confirmed by Forage Technology in writing. In entering into the contract the Customer acknowledges that it does not rely on any unconfirmed representations, and waives claims for damages or contract rescission based on such representations unless they were made fraudulently.

Any advice or recommendation given by Forage Technology or its employees or agents regarding storage, application or use of the Products which is not confirmed in writing by Forage Technology is followed entirely at the Customer's own risk. Forage Technology shall not be liable for unconfirmed advice.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Forage Technology shall be subject to correction without any liability on the part of Forage Technology.

The relationship between the Supplier and Customer is that of Independent Contractor. Neither party is the agent of each other, and neither party has any authority to make any contract or enter into any obligation directly or indirectly in the name of the other party, without that party's prior written consent for express purposes connected with the performance of these conditions.

Each Customer agrees to conduct a face to face meeting to discuss business plan, volumes, pricing and any issues arising from the supplier/Customer relationship including marketing budgets, customer support budgets and Forage Technology initiatives.

Each Customer who is an on-seller agrees to facilitate at least twice yearly meetings between the Forage Technology technical sales support team and their own sales team to update and refresh product sales information and to share feedback. Each Customer will nominate a "Safeguard 6" technical specialist to undertake extended training and education in forage conservation from Forage Technology.

Each Customer who is an on-seller agrees to facilitate at least twice yearly meetings between the Forage Technology technical sales support team and their own marketing teams to plan literature, social media, show presence, share contacts with grassland societies, HF groups and Young Farmers. All marketing and advertising including sales scripts requires the prior approval in writing of Forage Technology to ensure no breach of Forage Technology guidelines.

Each Customer who is an on-seller agrees to restrict on-sales of products to sub-distributors who have reached and who are currently up-to-date and confirmed by Forage Technology to be in good standing with Forage Technology's training requirements.

Any time quoted for despatch or delivery is to be treated as an estimate only. It is the responsibility of the customer to ensure any import duty is paid in full. Forage Technology shall not be liable for any loss or damages or penalty for delay in despatch or delivery.

Time for delivery shall not be of the essence. Forage Technology shall not be responsible for loss or damage resulting from delay or failure to notify the Customer of any delay.

The Products may be delivered in instalments. Each delivery shall constitute a separate contract and failure by Forage Technology to deliver any one or more of the instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.

Risk shall pass to the Customer at the time the Products are despatched by Forage Technology. Forage Technology accepts no liability for loss or damage caused by the carrier.

If Products have not been received, the Customer must notify Forage Technology within 7 days of the date of the invoice. If proof of delivery is required, this must be requested within 14 days of the date of the invoice.

Any request by the Customer for cancellation of any order or for the rescheduling of any deliveries will only be considered by Forage Technology if made at least 12 hours before dispatch of the Products, and shall be subject to acceptance by Forage Technology at Forage Technology's sole discretion, and subject to a reasonable administration charge.

Forage Technology may cancel the Contract with the Customer by giving written notice in the event that any invoices are overdue for payment, the manufacturer advises of a price increase, or for reasons beyond its control it is unable to effect delivery.

On the giving of such notice of cancellation, Forage Technology shall repay to the Customer any sums paid in respect of the price of the Products. Forage Technology shall not be liable for any loss or damage arising from such cancellation.

All prices are given by Forage Technology at the time of the order on an ex-works basis and the Customer is liable to pay for import duties, transport, packing and insurance. Forage Technology does not sell Safeguard 6 outside the United Kingdom.

All quoted or listed prices are based on the cost to Forage Technology of supplying the Products to the Customer. If before delivery there occurs any increase in such costs, the price payable may be subject to amendment without notice at Forage Technology's discretion.

All prices are exclusive of Value Added Tax, import duties and any similar taxes. All such taxes are payable by the Customer.

Quotations may be withdrawn at any time prior to acceptance of order and shall automatically lapse after 7 days from the date of any Tender.

Invoices will be raised and dated by Forage Technology on the date of delivery of the Products. Unless otherwise specifically requested and agreed, invoices will be payable within 30 days of the invoice date.

Payments which are not received when payable will be considered overdue and remain payable by the Customer together with interest for late payment from the date payable at the rate of 2% per annum above the base rate for the time being of Royal Bank of Scotland plc.

If the Customer has a credit account with Forage Technology Ltd, invoices must be paid within 14 days of the invoice date. Forage Technology Limited reserve the right to terminate credit account payment terms with immediate effect when it deems this reasonable to do so.

Forage Technology will invoice with VAT at the applicable rate unless the customer requests and provides sufficient information for zero or European VAT supply. Forage Technology will not refund VAT after the completion of the sale.

All import duties will be paid for by the Customer.

When all prices, taxes and charges due in respect of all of the Products have been paid in full, title to physical Products only and not the Intellectual Property they represent will then pass to the Customer. The Customer agrees to take no action to infringe the Intellectual Property rights of Forage Technology and will not seek to reverse engineer, analyse or reproduce any of the Products.

Until such time as the property in the Products passes to the Customer, the Customer shall hold the Products as Forage Technology's fiduciary agent and bailee, and shall keep the Products properly stored, protected and insured and identified as Forage Technology's property.

Forage Technology shall be entitled at any time to require the Products be delivered to Forage Technology and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer where the Products are stored and repossess the Products.

All consignment stock must be stored at all times in refrigerated conditions approved by Forage Technology and Forage Technology reserves the right to conduct periodic spot-checks on storage conditions.

Forage Technology will not be liable in respect of any loss or damage caused by or resulting from any variation or deviation from the manufacturer's instructions for use. Forage Technology reserves the right to vary the composition or formulation of its Products from time to time.

The Customer hereby acknowledges that any proprietary rights in any Forage Technology Product supplied hereunder, including but not limited to any title or ownership rights, patentable rights, copyright and rights in data, confidential information or trade secrets, shall at all times vest in and remain vested in Forage Technology.

No title or ownership of any intellectual property rights in any product sold to the Customer is transferred to the Customer under any circumstances.

The Customer shall inspect the Products on delivery and unless the Customer notifies any defects in writing within 7 days of delivery, the Products shall be conclusively presumed to be in accordance with the Contract and free from any defect.

The Customer shall notify Forage Technology of any shortage of quantity or damage within 2 working days of receipt.

Returns require prior authority from Forage Technology, must be made within 30 days of invoice date, and the Products must be properly packed, in saleable condition, accompanied by a packing list, subject to satisfactory total bacteria count testing, and in original packaging.

Forage Technology warrants that it has good title to the Products and is entitled to supply all Products to the Customer.

If any part of the Products should arrive damaged as to be unusable, such Products will be replaced only provided that no unauthorised modifications have taken place or that the Product has been damaged by the Customer.

Except as specifically set out in this clause, Forage Technology disclaims and excludes all other warranties, whether express or implied, by statute or otherwise, including but not limited to the warranties of description, design, satisfactory quality and fitness for a particular purpose.

Forage Technology does not attempt to limit liability for personal injury or death caused by its negligence or the negligence of its employees or agents.

Forage Technology's entire aggregate liability for all claims shall be limited to damages of an amount equal to the price of the relevant batch of Products paid.

Forage Technology disclaims and excludes all liability for special, indirect or consequential damage including but not limited to loss of profits.

This agreement may be terminated forthwith by notice in writing by Forage Technology if the Customer fails to pay any sums due by the due date, if either party fails to perform its obligations and such failure continues for 14 days after written notice, or if either party is involved in insolvency proceedings.

Any termination shall be without prejudice to any other rights or remedies and shall not affect any accrued rights or liabilities.

The Customer agrees not to assign any of its rights herein without the prior written consent of Forage Technology.

Any documents or notices given hereunder must be in writing and may be delivered personally or by recorded delivery or registered post.

These terms and conditions shall be construed in accordance with English Law.

The terms of these conditions do not affect a consumer's statutory rights.

A consumer shall have the right to cancel a contract within 7 working days from the day after the date of delivery by making the request to Forage Technology in writing. Cancellation by email will suffice.

Should a consumer exercise their right to cancel, Forage Technology will reimburse any payment made minus any carriage charges within 30 days of receiving the written notification of cancellation, provided the consumer has taken reasonable care of the products and kept them in their original packaging.