Section XXVII. Contract without Official seed testing report Art. 70 70.1 At the time of shipment the Seller should have a sample drawn and...
Section XXVII. Contract without Official seed testing report Art. 70 70.1 At the time of shipment the Seller should have a sample drawn and sealed by a government or accredited duly qualified sampler, divided in sufficient parts according to the methods and procedures provided by AOSA or ISTA Rules. The sample, referred to as an Official Sample, will be evidence in the event of a difference. 70.2 To protect his interests, the Buyer may have an Official Sample of the seeds drawn on arrival according to the provisions indicated above.
The sample of the Buyer must be drawn within 30 days after the arrival of the seeds at the first point of destination and provided that the Buyer is able to access the seed. 70.3 In both cases, the body that has drawn the sample shall keep one part of it. Art. 71 71.1 If the seed testing carried out at the request of the Buyer shows a difference which cannot be settled amicably, a new analysis of the sample which is evidence, as indicated in article 70, shall be carried out by a laboratory agreed to by the parties and located in a country other than that of the Buyer or the Seller. 71.2 If the Buyer and the Seller cannot reach an agreement regarding the laboratory to carry out this final analysis, the Secretary General of the ISF shall designate this laboratory. Its decision shall be final. Art. 72 If the result of the analysis provided for in article 71 is outside the tolerances defined in the Annexes of the present Rules, this result shall be final. If this is not the case, the analysis of the Seller shall be deemed valid. Art. 73 If the Buyer has the right to claim an allowance or damages on the basis of the analysis referred to in Article 71 the costs of this analysis are at the Seller's charge. In any other case, the costs are at the Buyer's charge.
Section XXVIII. Seed testing Art. 74 If, in accordance with the present Rules, an analysis is to be made, the sample shall be drawn, marked and sealed and the analysis carried out in accordance with the ISTA or AOSA Rules. Art. 75 The sample shall be sent for analysis within 8 days after the date of drawing it, except in the case where the test concerns trueness to variety and in the case of tree and shrub seeds for which the sample shall be sent within 15 days. Art. 76 The related seed testing report should be not older than 90 days for forage and turf seed and 180 days for other crops prior to date of shipment from the warehouse of the shipper. Art. 77 77.1 If the contract refers to a specific lot, the seed testing report furnished by the Seller shall not indicate any inferiority relating to the contract specifications. The non-conformity of a certificate of analysis presented by the Seller shall give the Buyer the right to refuse the seeds. 77.2 If the contract does not refer to a specific lot, the seed testing report shall indicate figures within the limits of the tolerances, except in the case where the contract stipulates "minimum" or "maximum
No comments