Establishment Guarantee Terms and Conditions

1. These terms and conditions apply to the purchase by you (the Grower) of any of AlfaGen’s proprietary seed (each, a Product).
2. Growers must submit a claim form in order to be eligible for the “Establishment Guarantee™” program. The claim form is available online at https://alfagenseeds.com.au/establishment-guarantee/ or in-store through the outlet from which the Product was purchased.
3. AlfaGen Seeds reserves the right not to provide replant seed in cases where:
   • submission of official claim form has not occurred;
   • the Product is not planted within six (6) months of purchase.
4. Growers are entitled to make a claim where:
   • the Product has not established within the first 30 calendar days after planting;
   • the Grower has complied with any storage requirements or planting instructions provided by AlfaGen Seeds or the outlet from which the Product was purchased; and
   • the claim is submitted before the site in which the Product was planted is sprayed, grazed or ploughed for replant.
5. The “Establishment Guarantee™” program does not cover crop failure after this time.
6. AlfaGen Seeds reserves the right to request any additional information that is reasonably required to assess the veracity of the claim, including but not limited to:
   • proof (if any) of the date of sowing;
   • proof of purchase of the Product; and
   • inspection of the Grower’s site on which the Product was planted (e.g. the relevant storage facilities and paddock, surviving plants from the crop), during usual business hours and subject to reasonable notice.
7. All claims will be assessed by AlfaGen Seeds. In assessing whether a claim will succeed, AlfaGen Seeds may consider other relevant circumstances at its discretion.
8. A claim may be refused where:
   • the Grower refuses or fails to provide any information about the claim, as reasonably requested by AlfaGen Seeds;
   • the Grower refuses to allow AlfaGen Seeds to inspect the site on which the Product was planted including the relevant storage facilities and paddock; and/or
   • the Product does not establish or the crop fails due to external factors unrelated to the seed quality, including but not limited to:
     • adverse weather conditions (e.g. dry weather, excessive rainfall, drought, late frost);
     • adverse soil conditions (e.g. erosion, flooding, paddock struggling, waterlogged paddocks);
     • pests.

9. A claim may only be approved by an agent, representative or officer of AlfaGen Seeds. In the event of a claim being approved, AlfaGen Seeds shall provide replant product of the same Product to the dealer the Product was purchased from, at 50% of the original cost as purchased from AlfaGen Seeds. Growers can then purchase that Product from the dealer at a discount of 50% off the original purchase price.
10. The replant credit will apply to the original retail price of the replant Product, but does not apply to the cost of any additional (nonstandard) seed treatments in the original purchase Product or on the replant product.
11. In the event the Product has been used as part of a seed mix, the Establishment Guarantee™ program will apply only if all of the below conditions are satisfied:
    • the mix wholly comprises Products which are AlfaGen Seeds’ proprietary seeds; and
    • the seed mix is mixed by AlfaGen Seeds.
12. In the case of a successful claim AlfaGen Seeds will endeavour to provide seed of the same or similar variety (subject to availability). Replant seed will be provided for the same crop year that the original Product is purchased and planted. If there is a ‘sold-out’ situation, the Product will be provided the following season.
13. The decision of AlfaGen Seeds, or any of their representatives, officers or agents, shall be final and no correspondence shall be entered into.