Terms and Conditions

  1. Unless specifically otherwise agreed in writing, before dispatch, all products are sold in €uro ( € ) and travel throughout at buyers risk and expense.Notwithstanding any agreement as to delivery at any point other than the seller’s warehouses,the goods shall in all cases be at buyer’s risk and expense from the time they leave the initial point of shipment.
  2. Whenever the terms of an order call for a delivery FOB named port or FCA Noordwijkerhout / Holland, the seller shall be required only to arrange for ordinary ( sea ) transportation and ordinary insurance ( when specifically asked for in writing ) to the point specified and the seller may,at his option, either prepay freight, insurance and / or other shippingcharges, including import - duty and arrange to collect same on delivery in a lump sum from the buyer.
  3. Payment shall be made by to our account Deutsche Bank
  4. If at the time of shipment, the buyer’s financial responsibility appears unsatisfactory to the seller, the seller may, at his option, cancel the order in whole or in part, provided that he shall promptly advise the buyer of any such cancellation and the seller shall not be responsible forany damages whatsoever arising from such cancellation.
  5. The seller warrants the goods to be sound and healthy at the time of shipment, proof of which is the Government phytosanitary certificate for consignments exported out of the EU and for goods remaining within the EU the plant passport, but doesnot otherwise warrant flowering - or other planting -, growing - and / or forcingresults.
  6. Total or partial failure of the general and / or the seller’s crop, owing to frost, floods or other natural causes, or loss or damage to the seller’s stocks by fire and / or any causes beyond his control, preventing the seller from fully performing present and / or similar contracts, shallrelieve the seller from his obligations under any contract to a corresponding extend.
  7. Seller is authorized to substitute for named varieties ordered, provided said substituted material is of the same class and of equal quality unless otherwise agreed in writing or noted on the face of an ordersheet.
  8. All offers and quotations are without engagement, unless explicitly provided otherwise in writing All orders booked and offers made are “ subject to crop and / or being unsold ”.
  9. Cancellation of the order in whole or in part by the buyer, shall entitle the seller to recover either as and for liquidated damages a sum equal to 25 % of the contract price ( which sum is agreed as the estimated damage likely to result to the seller from such a cancellation ), unless it can be proved that the damages are higher.
  10. All claims hereunder shall be deemed waived unless presented within eight ( 8 ) days after receipt of the goods. Claims relating to damage to or condition of the goods shall be accompagnied by a Lloyd’s survey report or its equivalent, stating full particulars, when the seller had to undertake the insurance at the buyer’s written request. In case of non - arrival ofthe goods at destination within a reasonable time after receiving advise of shipment from theseller ( email copy of the invoice ), buyer shall notify the seller by registered mail.
  11. Transactions are governed by the law of The Kingdom of The Netherlands and in case of dispute, any claims should be made in The Netherlands and the Dutch courts are exclusivilycompetent, but our responsibility never exceeds the value of the invoiced goods.
  12. All sales are subject to our conditions of sale and cannot be altered nor departed from except by mutual consent in writing.