RECOGNITION OF OUR TERMS The buyer who places order accepts without reserve the general terms of sale of Decock Plants sprl/bvbafeaturedbelow. No deviations are authorized withoutwritten prior approvalof Decock Plants sprl/bvba. The general terms of sale of the buyer are only opposable with Decock Plants sprl/bvbaif there is a written acceptation by this latter. In case of contradictions between the old version of general terms of sale and the current version, it is the currentversion who precedes.
CONFIRMATION The cutting and half finished plantsorders are confirmed by writing. The customer should checkthe confirmation within7 days after issue of the confirmation, in case of disagreement the customer should mention thisby writing. After the deadline of 7 days and without reaction of the customer, the order is considered to beaccepted.
PRICES If the coststhathave an influence on the price increase, due to circumstances beyond the controlof Decock Plants sprl/bvba, then Decock Plants sprl/bvbareserves the right to charge a proportional increaseof the price, by a simple notification.
DELIVERY a)The goods are delivered at our head office inComines, even if those are transported by us and/or at our costs. b)The fixeddelivery dates are, unless otherwise agreed in writing, an indication and do not bind Decock Plants sprl/bvba. c)If the customer refuses to receivethe goods, the delivery isconsidered to beexecuted within 5 days ofsendingof a registered letter mentioning that the goods are at disposal of the customer.
CONFORMITY Allagreementsof Decock Plants sprl/bvbaareconcluded with explicit reservation ofthegoodprocess of theculture. Decock Plants sprl/bvbais thusnot meant to meet his agreementsin case of force majeureor growthproblem.
RISK Disregard who pays the transport, the goods are transported at the risk of the buyer as from the moment thatthe goods leave the company. Consequently it belongs tothe buyer to notify all the observations and apparent faultson the transport documents, in order to engagethe responsibility of the carrier. In any case, the responsibility of the seller stops bythe acceptation of the goods by the buyer.
INTELLECTUAL PROPERTY Botanical material and/or cuttings from plant varieties belonging to the ornamental plant cultivating sector protected by intellectual rights of any kinds are not allowed to be used for propagationor commercialization. This material can only be used for the cultivation of cut flowers and/or other ornamental plant and products atthe company of the buyer. In case the buyer finds a mutant among a protected variety, he is obliged to inform the seller of thisimmediately in writing.
TITLE a)All the goods delivered by Decock Plants sprl/bvbaremain the exclusive propertyof Decock Plants sprl/bvbauntil their integral payment. b)The plants are delivered on trolleys. All the trolleys, containers, helvesen extensionsremain the propertyof the seller, the customer must restore them to thetransporter, otherwise theyare automatically considered as being hired. The hiring priceis 0.62€ per containerper day, 0,075€ per helveper day en 0,025€ per extensionper day. In case of damage or of loss of trolleys, containers, helvesand/or extensions, the customer is obliged to pay for the expenses of repair or replacement.
COMPLAINTS a)The buyer must make sure, immediately at the delivery of the goods at the destination, thatwhat is delivered correspondswith what was ordered. Incase of nonconformity with the order or in case of apparent fault, the possible claims thatcan result must -to be admissible-be notified by writing to the seller within two dayscalendarfromthe delivery of the goods at the destination, or, in case of hidden fault within two days calendar from discovering of the fault.This notification must contain a detailed description of the fault discoveredby the buyer. The buyer must preserve separately the not conform goods. If the claim is justified, the seller commits himself, according to the choice of the buyer, either to replace the notconform goods, orto take back the goods and to refund the selling price to the buyer. Each restitution should be accompanied by a formal agreement between the buyer and the seller. b)No liability (legal or otherwise) of Decock Plants SPRL may exceed the ensured amount under the third-party insurance policy taken out with the Company. Should Decock Plants SPRL incur aliability that is not covered by the relevant insurance policy, such liability shall never exceed the maximum amount of the invoices issued for the goods that caused such damage. Decock Plants SPRL will not be held liable for any damage whatsoever that should result from the implementation of a piece of advice or a suggestion given by Decock Plants SPRL about the goods or methods. Decock Plants SPRL shall not be held liable for any damage resulting from or arising out of diseases and/or bacteria on the plants or any damage caused by the soil structure or for any failed growth. Decock Plants SPRL shall not be held liable for any other damage except those caused on the plants delivered by Decock Plants SPRL. Decock Plants SPRL accepts no liability for any further consequence of any damage, including any damage suffered by any third party. The Parties agree that the liability for the guaranteed purity of the variety of plants hereunder shall never exceed the invoiced amount. Nothing may be claimed in the event of a faulty growth of the plants, since it may be the consequence of several environmental factors occurred after the acceptance of the plants. c)The buyer must make sure, by placing an orderof plants, that the use of itwill not endanger the health of people and animals. The buyer is entitled toprotect the seller from insurance claimsfrom thirdparty,regardingthe productresponsibility and in relationship with theproduct from which the damage comes,following misuseof the plants by the buyer or following late formation of the flowers or development of fruits.
PAYMENTThe goods mustbe paid at our head office within 30 days of invoice date. Eachamount that remains unpaid on their due datewill yield interest by right and without previous notice, calculated at 10% per year. Moreover, in case of default of payment from the whole or a partof the invoice, on the due date, the amount due to us will be increased to 12 % with a minimum of 125€ as conventional and fixedindemnity, after a previous notice.
FORCE MAJEURE Cases of force majeure suspend the fulfillment of the contract and do not entitle the buyer to any compensations. All the circumstances that are unpredictable and beyond our direct sphere of influence by whichthe fulfillment of our agreements cannot be reasonably required, constitute a case of force majeure. Strikes, fire, extreme weather conditions, government measures, diseasesand plagues, no delivery or partial delivery of unrootedcuttingsfrom our suppliers, no delivery or partial delivery of additivegoodsfrom our suppliers, impossibility to transport the goods, constitute a case of force majeure.
DEFAULT In case the buyer should not fulfill hisobligations, the seller can by right and without notice, either suspend ourcommitments in some or all agreements concluded with the buyer, or consider all the agreements to be dissolved. The dissolutionwill be notifiedby registered letter forwarded tothe buyer. In this case, the buyer needs to supplyto the seller, at his own expenses, all the goods which were part ofthe cancelled contract. Furthermore, in case of dissolution, the indemnity to be paid by the buyer is fixed at 30% of the sales valuesof the unfulfilled contract.
COMPETENCE AND APPLICABLE LAW In case of dispute only the Courts of the districtof Tournaishall have jurisdiction, unless the seller prefers to bring the case before the court of the buyer’s domicile.Bothparts agree that this agreement is subject to the Belgium law.
INVALIDITY The invalidity of one of this above-mentioned stipulations do not entailthe invalidity of the other stipulations.
NOVATION The drawing and/or acceptation of a bill of exchange or other negotiable securities does not imply any novation and does not constitute a derogation of the above-mentioned conditions of sales.