Conditions of sales and delivery

6. Terms of delivery  

Terms of delivery like HBN (handelsvoorwaarden voor de Boomkwekerij in Nederland).Exception of the HBN terms, see the terms we have added below which are valid to our deliveries:
These terms of delivery are applicable for all our offers, agreements and orders. Different conditions of our customers can only be accepted if they are confirmed by us in writing. These terms of delivery are deposited by the Chamber of Commerce in Leiden.
Buyer agrees that it will not sell plants from any Phlox Sweet Summer-variety or any other variety marked with or ® symbol in any other product form and number than it has bought from Ditoplant with exception of said plants and numbers grown by buyer in pot/container. Buyer of plants from any Phlox Sweet Summer-variety which will use these plants for cutflower-production, agrees that it will only use these varieties for cutflower-production and not sell these varieties in any other product form than cutflowers. Buyer agrees that it will not propagate plants from any Phlox Sweet Summer-variety or any other variety marked with or ® symbol unless any official license-agreement signed by Ditoplant or other authorized allows to. On violation of this provision buyer forfeits a direct damage to Ditoplant of € 50.000,= per plant or part of plant sold where Ditoplant stands the right to claim any further direct or indirect damages including those of other parties with whom it has contractual obligations with regards to Phlox Sweet Summer-varieties or any other variety marked with or ® symbol. Buyer agrees to use these conditions also in it’s own terms of delivery. 
Ownership of the goods will remain with the seller until the invoice has been fully settled by the buyer (including interests and other costs mentioned below) . The risk of the goods shall be for the account of the buyer, from the date the goods leave the nursery of the seller.
Payment should be made without deduction within 30 days from date of invoice. In case of payment after the due date 1% interest per month will be charged, a part of the month will be counted as a full month.
The amount of the damage claim can never be higher than the amount mentioned in the invoice.
Plants are delivered in standard boxes VML/VMH/LELIEBOXES and on pallets.
Costs of packaging are based on at costprice. Provided the boxes/pallets are delivered back to us labelled with your company name, empty, undamaged and sorted by size, all packaging will be taken back at the costprice minus transport costs and minus the following deductions:
VML                                         Euro                0,11
VMH                                        Euro                0,11
Lelieboxes                                Euro                0,11
Pallets                                      Euro                1,13
This is only the case if the packaging material is used by the buyer for a period longer than 4 weeks.
Packaging material will only be accepted if returned to us.We do not accept more packaging material than we have delivered and not later than 1 year after delivery.
All offers are without engagement.
Approximate delivery dates will be given. Exceeding this delivery date does not entitle the buyer to the right to dissolve the contract of sale or claim damages.
Although every effort is made to deliver the plants in good condition and in time, unforeseen circumstances such as bad harvest, frost and damage can occur.
These circumstances, as well as doubts about the solvency of the buyer excempt us from the obligation to deliver, even if the order has already been accepted and confirmed. In such cases we will not take responsibility for any damage.

Please check the plants immediately upon delivery.
Transport damage has to be noted straight away on the transportation document (CMR), otherwise claims are not possible!
Complaints should reach us within 8 days, after dispatch of the plants, by registered mail. The date of the stamp is decisive. With each complaint, a clear description of this complaint must be given.
Dutch law applies to all our offers, agreements and orders, also in cases of transactions with a buyer established outside the Netherlands. All differences that occur as a result of an offer, agreement or order to which these general terms apply, shall be put before a competent judge in the district of Leiden.
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