Delivery conditions for tree nursery plants to resellers and public authorities


By placing an order, buyers agree that the following conditions are legally binding.


Prices and Payments
1. Prices are valid in euros from the point of sale.
2. Place of payment and delivery and exclusive jurisdiction is Westerstede, regardless of the amount in question.
3. Bills shall be settled within a timeframe of 30 days after receipt of invoice unless otherwise agreed upon. A rebate of 2% is allowed for payments made within 8 days after the date of invoice. If settlement is not made within the period of payment, we reserve the right to charge an interest of 1% per month on the sum due starting from the beginning of each month.
4. Previous offers lose their validity as new offers and price lists come into effect.


Shipment and Packaging
5. The costs and risks of shipping are assumed by the buyer.
6. The delivery of orders takes place either by train or lorry, in which case the least expensive method of delivery is chosen.
7. The buyer shall assume the production costs for packaging and the disposal thereof.
8. The supplier is not liable for damages caused by the weather or other means. Orders are to be packaged carefully and competently.


Cartage and Packaging Costs
9. The buyer bears the costs of cartage to train or ship or to other remote places of shipment, such as when picking up additional goods. The costs thereof depends on local conditions.


Transport insurance
10. The supplier is not liable for damages costs due to frost or those occurring during transport. For transportation by lorry, goods are insured by the carrier; if transportation takes place by train, goods are insured by the Deutsche Bundesbahn.


11. No guarantee is made concerning plant growth.
12. Varietal identity is guaranteed only up to the invoice value. Demands exceeding this value will be declined unless a written agreement was made for individual cases.


Refunds and Complaints
13. Replacement demands shall take place immediately, at latest within one week after receipt of goods. Defects must be clearly described. Defects which become apparent at a later date must be brought to attention immediately. The buyer does not have retention rights.


Type substition
14. Substitution of similar types of the same value for missing ones is allowed, unless this is expressly forbidden in the order.


Samples and Measurements
15. Samples only demonstrate average appearance. Not all plants in the delivery have to look exactly like the sample.
16. Measurements are given approximately unless when in reference to circumference. Small height variations up or down are unavoidable.


Reservation of Proprietary Rights
17. All goods delivered by us remain our property until all demands made by the business relationship have been settled, regardless of whether these have been planted onto another's grounds or resold in the mean time.


Value added tax
18. All prices are given exclusive of value added tax and are subject to the value added tax at the respective place.

When ordering by telephone, we cannot accept responsibility for hearing mistakes and thus ask that a written confirmation of the conversation is obtained in each case.