GTC

General terms and conditions of the company Gartenbau Kloer, Inh. Johannes Kloer, 46282 Dorsten 

1. Validity of the terms and conditions 

1.1 These terms and conditions apply to all services in business with our customers. 

1.2 All, including future deliveries and services are made exclusively under the inclusion of these GTC. 

1.3 Special conditions must be expressly agreed in writing and require a separate declaration of acceptance by the seller. 

1.4 Conflicting or deviating conditions of our customers are not binding for us, unless these conditions were expressly approved. 

2. Conclusion of contract 

2.1 Our first offers z. B. in brochures, catalogs are subject to change and non-binding. 

2.2 An order is only concluded by accepting the customer's request by written confirmation or by executing the delivery or service without prior written confirmation of acceptance. 

2.3 Our employees and sales representatives are not entitled to conclude verbal agreements for us. Any oral agreement of this person requires our written confirmation to be effective. 

2.4 In our order confirmations, we have the right to adapt the types, quantities and delivery dates to the actual delivery options. Such changes shall be deemed agreed if the customer does not object within 8 calendar days of receipt of the order confirmation and the change is reasonable for the customer taking into account our interests. 

3. Delivery, inspection and notification obligation 

3.1 The delivery dates stated in the offers are based on estimates at the time of the offer. The seller is entitled to deliver up to 2 weeks before the delivery date stated in the offer or up to 4 weeks after the delivery date stated in the offer. 

3.2 In the case of force majeure or other circumstances that are neither our responsibility nor that of our vicarious agents, we are exempted from our obligation to deliver for the duration of the existence. 

3.3 The goods are shipped at the risk of the buyer. The risk of accidental loss of the goods passes to the customer upon transfer to the carrier. 

3.4 Pledged packaging (Euro pallets, CC containers with boards, etc.) will be exchanged one-to-one. If an exchange is not possible, we reserve the right to charge the usual rent for the period. 

3.5 If additional costs arise for the return of the empties, these costs will be charged to the buyer. 

3.6 The customer must inspect and examine the goods immediately. Any obvious defects, shortfalls or wrong deliveries must be reported to the customer immediately. 

3.7 If the planting material has defects or defects, the buyer must notify them immediately - at the latest within 8 days of receipt of the planting material - and in any case before the seedlings are used or resold. 

3.8 Our sales representatives are not authorized to accept complaints. 

4. Prices, discounts 

4.1 Unless otherwise agreed, the prices in accordance with Art. our price lists valid at the time of the binding order by the customer. 

4.2 All prices are quoted ex our production company and only freight, packaging, sales tax and any license fees, unless otherwise agreed. 

4.3 The invoice amounts are due 30 days after the invoice date. For payments within 10 days, 2% discount will be granted. 

4.4 In the case of payment overruns, the usual bank interest will be charged. In these cases, we are also entitled to cancel further orders placed. 

4.5 If the customer is in default of payment, we are also entitled, at our discretion, to demand advance payments or security payments before further delivery. 

4.6 If the customer is in default of payment, he owes a lump sum of compensation of € 5.00 plus statutory default interest for every reminder issued by us. 

4.7 The customer can only set off any counterclaims if they have either been recognized by us or have been legally established. 

5. Retention of title 

5.1 All goods supplied by us remain our property until full fulfillment of all our claims arising from the underlying contract. 

5.2 Our property also extends to the plants and products produced by the customer by cultivating, processing or mixing or blending the goods delivered under retention of title. 

5.3 The customer is entitled to resell the goods delivered by us as part of his normal business. In this case, he assigns to us now already arising from the resale claims against his customers. 

6. Warranty 

6.1 The seller guarantees the quality of the planting material, but taking into account the imperfections specific to the planting material, which are related to their natural quality. The seller does not guarantee the growth, growth and flowering. 

6.2 Customer and consulting services that we provide to the customer free of charge and voluntarily, do not give rise to any liability of the seller. 

6.3 The Buyer is aware that the seed can undergo rapid changes in its condition and therefore undertakes to carefully inspect the seed on delivery and then strictly follow the instructions for its growth and care. 

6.4 If the customer violates his obligation to inspect and notify, he loses his warranty rights. 

6.5 If the customer indicates defects, he shall give us the opportunity to investigate them ourselves and / or have them examined by third parties commissioned by us. 

6.6 In the case of justified defects or errors, the Buyer shall be entitled to receive replacement products, and should such not be available, to repay the sums paid exclusively for said products. Claims for damages of the customer are excluded, subject to the regulation in section 7. 

6.7 We are not liable for damage in transit - subject to Section 7, unless the damage was caused by us or one of our vicarious agents intentionally or through gross negligence.

7. Claims for damages of the customer 

7.1 Insofar as the customer is entitled to claims for damages or reimbursement of expenses due to defects which are not excluded by the above agreement, these shall lapse after 12 months. 

7.2 All other damage or reimbursement claims of the customer for whatever legal reason are excluded. Not excluded are claims for damages of the customer with regard to damages from injury to life, limb or health, which are based on a negligent breach of duty by us, a willful or negligent breach of duty of our legal representatives or vicarious agents, and other damages based on a grossly negligent Breach of duty by us or based on an intentional or grossly negligent breach of duty by our vicarious agents. 

7.3 The prerequisite for the supplier recourse is that the goods delivered by us are sold unchanged to the end consumer throughout the entire supply chain. As far as the goods are cultivated or otherwise changed in between, a supplier recourse is out of the question.

8. Trademark and intellectual property rights 

The products marked with R (S) or (P) are protected by trademark law. They may not be used in any way without the prior written consent of the trademark / plant breeder. Propagation without written consent is not permitted. The Buyer acknowledges that all property rights associated with the mutants, however received, belong exclusively to the Protective Owner. 

9. Place of Jurisdiction, Amendments and Severability Clause 

9.1 Place of fulfillment for all obligations arising from this contract and place of jurisdiction for all disputes is exclusively Dorsten. 

9.2 Changes to the contract must be made in writing. 

9.3 Should a provision of the contract or these General Terms and Conditions be or become invalid, the remainder of the contract remains valid. In this case, seller and buyer agree to replace the ineffective provision by an effective provision, which comes closest to the intended economic result, as far as there are no legal regulations, which fill the resulting contract gap.

Dorsten, July 2008