Terms and Conditions

1. Definitions

1.1 In these terms and conditions “Agritek” means Agritek Limited.

1.2 “the client” means those clients, farmers, contractors who use the Agritek service.
2. Charging and Invoicing

2.1 Agritek will notify the client in writing each year by way of professional fees, the forthcoming annual contract. This can be terminated by no less than 3 months’ notice. The charge is based on the acreage as agreed by the client. The frequency and method of payment is agreed at this time.
3. Limitation of Liability

3.1          All advice, information or recommendations are given in good faith,

but Agritek shall not be held liable for the consequences thereof.

3.2          Agritek shall not be liable for any environmental damage resulting from

   use by the client of any agrochemical, fertiliser or organic/inorganic

wastes.

3.3          Agritek will not be liable for loss or damage resulting from

3.3.1       Failure by the client to observe manufacturer’s instructions

3.3.2       Failure by the client to carry out written recommendations of product supplied through Agritek

3.3.3 Any change in climatic conditions following the use of an agrochemical

3.3.4 Application of an agrochemical in unsuitable or inappropriate climatic conditions

3.3.5 Any defect in or contamination of an agrochemical, seed or fertiliser supplied through Agritek.

3.3.6 Failure of a crop to meet its expected or budgeted yield.
4. Client Responsibilities

4.1 The client will provide Agritek with all documented details and any relevant information needed for Agritek to carry out its service.

4.2 The client is responsible for checking order confirmations to ensure the correct products and volumes have been ordered on their behalf. This should be carried out as soon as the order has been placed, the client must advise the Agritek Office of any errors or omissions in order that a correction can be made immediately.

4.3 The client will ensure Health and Safety requirements as laid down by Health and Safety legislation is adhered to.
5. Problems, Complaints and Dispute Resolution

5.1 Any problems or complaints with the services encountered by the Client should, in the first instance, be directed to Agritek immediately and in writing, who will use its best endeavours to resolve the matter quickly.

5.2 The client must ensure Agritek are given reasonable access to the store, which has given rise to this problem or complaint.

5.3 Any dispute concerning the services which Agritek has agreed to provide, which cannot be mutually resolved shall be referred to an independent mediator.

5.4 If mediation is unsuccessful or if the Parties agree that the dispute is not suitable for mediation, it will be referred to a single arbitrator agreed by the Parties. If agreement cannot be reached an arbitrator will be chosen by the then President of the Law Society. The arbitration shall take place in London in accordance with the Arbitration Act 1995.
6. Third Party Rights
7. Data Protection Act 1998
8. Confidentiality

8.1 The Parties will at all times keep confidential information acquired in consequence of this Agreement, except for information which they may be entitled or bound to disclose under compulsion of law or where requested by regulatory agencies or to their professional advisers where reasonably necessary for the performance of their professional services.