General

The following conditions apply to all deliveries, including those from future business transactions, which shall be deemed accepted by the customer in the placing of the order.

 


Offers

All offers are without obligation.

 


Orders

The full address of the customer must be supplied, together with the nearest railway station or post office. All orders shall be without any obligation for the company until written confirmation of the order. If, after the order has been placed, the customer has difficulties in settling the account or it is feared that they cannot meet their obligations, the company shall have the option of specifying a cash purchase, or to cancel the written confirmation of the order by a written declaration on the side of the company.

 


Delivery

The customer can specify the type and method of delivery. If this is not specified, the company shall undertake delivery at their own discretion, under safeguard of the customer’s rights and risk. Transportation insurance cover is not supplied by the company. All packaging, insurance, transportation and carriage expenses are for responsibility of the customer.

 


Complaints

Deliveries must be inspected upon receipt. Any damage or shortcomings in the delivery must be reported to the company in writing within three days of the date of receipt. In the event of damage caused by transportation, accompanying documentation from the transport company must be attached.

 


Replacements

In the event of an ordered item being discontinued the company shall supply a similar item of the same value unless the customer specifies otherwise.

 


Warranty

No guarantee can be given that any plant will grow. Neither can the vendor give any guarantee that the plants will grow in the open, as this is dependent on outside influences which cannot be controlled. No guarantee can be given for the complete absence of any plant-inherent pathogen. The company undertakes to supply plant material which, within the framework of current technical possibilities, has been laboratory tested with the currently available equipment. Due to the possibility of latent attacks the customer is obliged to carry out subsequent testing and to submit complaints within four weeks. If no written complaint has been received within the specified period the goods shall be deemed to have been delivered free from attack.

 


Liability for incomplete delivery

In the event of a well-founded complaint the customer only has the right to a decrease in the purchase price or the replacement of goods. The customer shall not be entitled to any other claim, in particular in relation to claims for exchange or compensation of any kind whatsoever, including from any damage which has not resulted from the delivery itself.

 


Suppliers responsibility

The purpose of the suppliers responsibility is, that the through us delivered goods are being sold unchanged over the whole delivery chain to the user. As soon as the goods in the meantime are cultivated or altered, the suppliers responsibility will be void.

 


Prices and payment

Prices are net and subject to alteration, subject to the currently applicable rate for VAT, and are based on the fuel oil price of 1984. We reserve the right to change prices in the event of a significant change in the cost of energy. Unless agreed otherwise, payment must follow upon receipt of invoice. In relation to the agreed term the company retains the right to apply interest and expenses when required.

 


Additional charges

The minimum order is 125 items per sort and 1,500 items per individual order. In the case of smaller orders a 10% levy will be charged. Orders below 1,500 plants are subject to a minimum carriage charge of € 20,–.

 


Reservation of proprietary rights

The supplied goods shall remain the property of the company until settlement in full. This reservation shall not be cancelled out by the further cultivation of the supplied goods and shall require our agreement for selling on in the event of suspected inability to pay.

 


Place of jurisdiction

The place of settlement and performance is for both parts Selm. The place of jurisdiction is Dortmund. Special conditions of supply for protected and patented varieties. The supplied seedlings and plants may only be used for plant cultivation and not for any other purpose. Propagation (including for own use) is only permitted with the special permission of the current variety trademark or patent holder. In the event of mutations (sports) being discovered in the cultivation of protected or patented varieties, the cultivator shall be obliged to inform the variety trademark holder, the patent holder or the licence holder. The licence holder shall be entitled to test and carry out an inspection of the mutation at the site of the cultivator themselves or to have one carried out by an authorised third party, as well as to request cuttings of the relevant mutation (sport). In so far as the cultivator wishes to claim rights to the mutation (sport) or licence the mutation (sport) discovered by him, the former case shall be subject to the right of first refusal or, in the case of licensing, to the right of option.