Our general terms of sale
1. Previous price lists and terms of sale are null and void.
2. All offers are without engagement and are made subject to sale.
3. Except of other conditions stipulated by the buyer, the vendor has the right to replace the varieties which are nearest to them.
4. The placing of an order means that the buyer agrees with our terms of sale.
5. Orders handed over to representatives must be confirmed by the vendor.
6. Except as otherwise provided below, the goods shall remain the property of the seller, and the buyer shall be the bail only of the goods until the price has been paid in full, together with any interest and all oter goods in his possession so as to be identifiable ad the property of the seller. If the buyer shall sell or dispose of the goods or make any insurance claim in respect of them before the price, any interest and all other sums due (in respect of the goods) have been paid to the seller, then although as between the seller and the buyer, the buyer shall sell, dispose of or claim as agent for the seller, the buyer shall not give any warranties or incur any liabilities on behalf of the seller. The proceeds of any such sale or other disposition (or claim thereto) or any such insurance claim (or claim thereto) shall paid by the buyer into a separate bank account for the benefit of the seller and the buyer shall account to the seller for such proceeds exceed the unpaid price interest and all toher sums aforesaid. All risks are on the buyer's account. Should the buyer fail to honour his engagements the seller may consider the contract cancelled and a letter sent by recorded delivery the seller tho the buyer shall be evidence of the seller his exercise of this right. Such action shall not in any way limit or prejudice the sellers other rights. The vendor will not be bound by his engagements to supply the plants when, owing the scarcity due to bad crops or other circumstances outside his control : he is not able to fulfil his engagements. He will never be held responsible for it : however, he will have to advise the buyer by letter.
7. If the buyer cancels part of whole of a placed order, he is compelled to pay a compensation, to the vendor, of at least 20% of the value of the amount cancelled, without the vendor having to prove that it has caused him a loss. However, if the vendor demands a higher compensation, he will have to prove that the loss he has suffered is higher than 20% of the value of the amount cancelled.
8. New customers are recurred to give sufficient references, to pay on beforehand or against irrevocable documentary credit. C.O.D. deliveries will only be made for previously defined cases.
9. The prices are quoted in Euros, ex seller's nursery or stores, at Serskamp. All quotations and invoices drawn up in foreign currencies, for the facility of the customers, are nevertheless payable on the basis of euros at the rate of the day of the order, as mentioned on the invoice. Prices are invoiced per 100 from 25 pieces onwards ; per1000 from 250 pieces onwards of the same sort. For smaller quantities the price per 100 will be taken as basis increased by 10%.
DELIVERY & SHIPMENT
10. All deliveries are stipulated as collected and accepted at our nurseries or stores, at Serskamp so that they travel at the risk of consignee even when it has been agreed to send the goods carriage paid.
11. Terms of delivery are only untended as an indication and delays in deliveries can never give rise to any kind of indemnification.
12. On no account can the vendor be held responsible for damage, theft, overheating, damage caused by frost or loss during transport.
13. As it is not possible for the vendor to control the handling, he will neither be held responsible for delivered goods which do not re-grow nor for the results of forcing any kind of het delivered plants.
14. We guarantee the genuineness of the species ; nevertheless, in case of error, the amount of indemnification will never be higher than the amount mentioned on our invoice for the delivered species.
15. The packing is charged and will not be taken back. All special costs, for shipments abroad re charged C.O.D
16. Unless other instructions are received, all shipments by sea are insured for normal sea risks. However, on special request, insurance against all risks can be made. All insurance premiums are chargeable to the buyer. In cases where the vendor deems it necessary that an insurance against all risks should be taken, the premium will also be chargeable to the buyer.
17. All invoices are payable net 30 days after delivery, unless other agreements exist and that these are mentioned on the invoice. The invoices are payable direct to our address at Serskamp in our offices, to our bank account n° 441-5533201-81 at KBC Schellebelle , Belgium. Any amount unpaid on the due date shall automatically and without prior notice, attract interest at a rate 2% above that applied on the invoice remaining unpaid on the due date all invoices shall immediately become due for payment, regardless of their original maturates. The amount of an invoice not paid when due shall by right and by virtue entirely of the fact the date of payment has been passed, without prior notice, be increased by ten percent by way of indemnity. This increase shall in all cases amount to a minimum of 25 EUR. This right to indemnity in no way detracts from the purchaser's liability for any legal charges of any kind. The refusal of payment gives the seller the right immediately and without prior notice to take back the goods delivered. This without derogation from the above mentioned right in indemnity.
18. On the arrival of damaged goods the customer must lodge a complaint, against the forwarding agent and eventually the insurance company and also send a copy to the vendor. In order to be valid the claims must be made by registered letter within 3 days after arrival of the goods. DISPUTES 19. As a mutual guarantee and commitment for a fast settlement of controversies through arbitration, B.A.I.(Belgische Arbitrage Instelling) is charged with the appointment of arbitrators who will be authorized to settle for good any controversy arising from the current document as to the interpretation, the execution or the dissolution, in conformity with its regulations for operation that can be obtained free of charge at B.A.I., Lieven Bauwensstraat 20 at 8200 Brugge (tel. 0032 50/32.35.95 and fax 0032 50/31.37.34). This clause replaces all other clauses contrary to it, also those mentioned on the back.