STANDARD TERMS AND CONDITIONS OF SALE

 1.        Unless stipulated otherwise, the delivery dates are purely indicative. If the delivery date is exceeded, the buyer cannot use this as grounds for requesting the annulment of the agreement, for claiming compensation from the seller, or for making any other claim against the seller.

2.        All risks are transferred to the buyer upon delivery, irrespective of whether payment has already been effected. The goods are considered to have been delivered and accepted from the warehouses of the manufacturer. The goods always travel at the buyer's risk, irrespective of the transport arrangements.

3.        Price quotations are always purely informative. Orders only become binding and valid after acceptance by an authorized person within the company.

4.        In the event of sales at the seller's warehouse, once the buyer has accepted the goods, he can no longer hold the seller liable for visible defects. If the goods are delivered to the buyer's premises, he must notify the seller of any visible defects within 48 hours of their delivery or placement. The buyer must send the seller a letter by registered mail with a description and an exhaustive list of defects. In all cases, the seller's liability in regard to visible defects is restricted to exchanging the goods and excludes all costs and damages. The colors and dimensions of the provided plants are purely indicative and can be subject to a certain amount of deviation. These deviations cannot be invoked by the buyer as being visible or hidden defects.

5.        The seller cannot be held responsible for providing any guarantee regarding hidden defects.

6.        The quantities stated in quotations are valid solely for the duration of the quotation’s validity and are always subject to availability. Reserved quantities can only be guaranteed for one season following written order confirmation. For deliveries over a longer term, or for guaranteed prices, varieties, and volumes, a separate cultivation contract is required.

7.        Payments are made within 60 days of delivery, unless agreed otherwise between the parties. Employees are not authorized to receive payments. If the conditions of payment are not respected, the seller is entitled to halt all deliveries without prior formal notification.

8.        In the event of non-payment by the due date, the buyer must pay an annual interest of 10%, ipso jure and without further formal notification. If the sums owed are not paid within one month after the due date, additional compensation must be paid equal to 10% of the overall price and with a minimum of €61.97. None of the above requires prior formal notification.

9.        Ownership of the goods is not transferred to the buyer until the price has been paid in full.

10.   If the buyer refuses the order, destroys the contract, or if it cannot be executed due to the buyer's actions, he will be liable for damages equal to 25% of the total amount.

11.   The invalidity of any of these conditions does not affect the validity of any other of the contractual conditions or the contract itself.

12.   Under no circumstances whatsoever does the buyer have the right to make deductions in lieu of guarantee or compensation or for any other reason.

13.   Transport prices are subject to variation due to fluctuations in fuel costs, carrier rates, and other logistical expenses. In view of the volatility of the transport market, the Seller reserves the right to adjust transport charges at any time, including up to the moment of invoicing, in order to reflect the applicable rates at the time of shipment or invoicing. Such adjustments shall be binding upon the Buyer.

14.   All disputes resulting from this agreement are subject to Belgian law. Solely the County Court of Westerlo and the Courts of Turnhout are authorized to settle any disputes.