Delivery conditions for nursery plants
1. Our terms of delivery are an integral part of all delivery contracts, agreements and offers. They shall be deemed accepted at the latest when the order is placed or the delivery is accepted. They shall also apply to future business relations even if they have not been expressly confirmed by us in writing.
2. Deviating agreements must be made in writing. Terms and conditions of the buyer which we do not expressly acknowledge in writing are non-binding for us even if we do not expressly object to them.
Offers and conclusion of contracts
1. Offers are non-binding and subject to confirmation of the order by us with regard to other sales.
2. When ordering partial items from an overall offer, the prices shall only apply with our express consent.
3. Orders shall be deemed accepted upon our written confirmation. The confirmation shall be deemed accepted if the customer does not raise an objection within 8 days.
1. The prices are exclusive of packing ex nursery in Euro plus the value added tax valid at the time of delivery. They correspond to the cost situation at the time of catalogue printing and are valid for the respective business year.
2. The list prices are not valid for personal selection.
1. Orders for which nothing else has been agreed can be delivered cash on delivery.
2. The payment period is 21 days from the invoice date. If payment is made within 10 days, we grant a discount of 2% on the net invoice amount, provided that the buyer has completely fulfilled all payment obligations from earlier deliveries. In the event that the payment deadline is exceeded, we shall be entitled, without special reminder, to charge interest on arrears at the rate customary in banking.
3. The buyer may only offset against undisputed or legally established counterclaims.
4. Non-compliance with the terms of payment or circumstances which cast doubt on the creditworthiness of the customer shall result in the immediate maturity of all claims. We may then withdraw from contracts that have not yet been executed.
1. Force majeure releases us from the obligations of the purchase contract, without the purchaser being able to derive any rights to damages from this. Frost, drought, lack of means of transport and strike shall be treated as force majeure.
2. Contractually agreed delivery dates are only approximate.
3. if the buyer does not fulfil his contractual obligations, we are entitled to claim damages for non-performance. The claim for damages without any proof amounts to 30% of the invoice value. A higher damage can be asserted against proof.
4. If the buyer is in default with the acceptance of the goods, we are not bound to the provisions of § 373 HGB (German Commercial Code) and may sell the plants elsewhere for the account of the defaulting buyer, even without prior warning, at any price we deem acceptable.
Retention of title
1. The delivered plants remain our property until full payment of all claims arising from the business relationship between us and the purchaser.
2. The reserved property shall not be lost if the buyer temporarily stores, hits upon or plants the delivered plants on his or a third party’s property until their resale or final use. The buyer is obliged to proceed in such a way that the plants can be determined to have come from the seller. The buyer undertakes to give the seller access to the relevant business documents if necessary. If the delivered plants are nevertheless mixed with other plants, the seller acquires co-ownership of the mixed plants in the amount of the value of the plants delivered by him.
3. If the reserved goods are sold in the ordinary course of business, the purchaser hereby assigns to us the claim arising from the resale. Any further resale, pledging or transfer by way of security of the reserved goods is not permitted.
1. Shipment is at the expense and risk of the buyer.
2. All additional costs, e.g. packaging, f.o.b. costs, certificates and transport insurance (unless the latter is expressly not desired) shall also be borne by the purchaser. Packaging material will not be taken back.
3. If no transport instructions have been given, we shall be entitled to dispatch the goods at our own discretion by the means we deem to be the most favourable without assuming any responsibility.
4. If “On call” has been sold, we have the right to carry out autumn deliveries after 15.11. and spring deliveries after 1.4. at our discretion if the call has not been made beforehand.
1. Replacement for missing varieties, species and assortments with corresponding price changes is permitted, unless the buyer expressly forbids this.
2. No guarantee is given for the growth. If the buyer expressly requests this, a special surcharge will be charged here. This guarantee extends, however, only to the duration of one year from delivery and assumes that transport, planting and care were flawless and no factors such as force majeure have impaired the prosperity of the plants.
3. Warranty for varietal authenticity shall only be given up to the amount of the respective invoice amount. In the case of fruit trees, it extends for more than 5 years from delivery, for rootstocks and young plants for more than 1 year and for all other woody plants for more than 2 years. No guarantee is given for the authenticity of the offspring.
4. Up to the amount of the corresponding invoice amount, we guarantee that the plants were not infested with fungal or animal pests at the time of delivery.
Notices of defects
1. Possible defects are to be notified in such a way that the notification of defects is sent within 5 days after receipt of the consignment. The defects are to be indicated exactly. Defects that become apparent later must be notified within 5 days of their discovery.
2. In the case of notices of defects, it is not permitted to provide us with a partial item of a type of goods. Each item of an invoice shall be considered as a whole. 3. In the case of justified complaints, the seller is free to deliver a replacement for the defective goods or to cancel the order against credit note of the invoice value, excluding any further claims.
4. Late or incorrectly raised notices of defects will no longer be considered.
Samples and dimensions
1. Patterns should show the average quality. Not all plants must turn out exactly like the sample.
2. Dimensions are only approximate except for the trunk circumference. Small deviations are permissible.
Place of performance and jurisdiction
1. Place of performance is Westerstede. Exclusive jurisdictions are Westerstede and Oldenburg (Oldb).
2. The law of the Federal Republic of Germany applies exclusively.