• Unless stated otherwise the prices are understood; a. excluding VAT, import duties, other taxes, levies and rights b. e xcluding packaging (barrel in which the plants are transported). • The minimum order for all plants involves at least 50 plants each of the same variety. • Although every effort will be made to comply with the delivery dates specified in the quotations, confirmations and agreements, these are not binding. Under no circumstances will customers be entitled to claim damages resulting from failure to meet delivery dates, irrespective of the cause of such failure. • Orders of sufficient volume (such at the discretion of Kolster BV) may (generally) be delivered free of charge (this applies to the Netherlands and Belgium). • Packaging (crates, box pallets, bases, etc), as described in the invoice shall initially be paid for. If the packaging is returned empty, complete and in good condition, you will receive a credit note. You can deduct the amount on the credit note from the invoice(s) or (if you have already paid all the invoices) the amount will be transferred to an account to be specified by you. The value of the packaging may not be deducted before it has been returned to Kolster BV and you have received a credit not from Kolster BV Packaging shall be returned to Kolster BV at your own expense. Under certain circumstances it may be possible for return packaging to be collected by Kolster BV (only under the terms and conditions of Kolster BV). • The customer shall pay the invoices in full within 10 days after the date of invoice to the bank account or post office account number specified by Kolster BV. • Unless otherwise agreed in advance, failure to pay the invoice will result in withdrawal of any form of cultivation support by Kolster BV. • All tree nursery items are covered by the quality warranty and comply with the quality requirements and standards. Varietal purity is guaranteed. Compensation for shortfalls (lack of varietal purity, quality problems, etc) will not exceed the invoice value. • No rights are conferred by the provided recommendations and cultivation instructions. • Kolster BV will be released from their delivery obligations in case of harvest failures and other unforeseen circumstances, even if the order has been confirmed. • Yields are dependent on cultivation performance, soil types, cultivation conditions and auction prices and cannot be guaranteed by us. • Unless otherwise specified in these terms and conditions, all quotations, orders, purchase and sales agreements for tree nursery products are subject to HBN (Dutch trading conditions for tree nursery products). • In accordance with the HBN conditions, any complaints concerning the quality of supplied plant material, must be registered in writing with Kolster BV within 8 working days. WARNING! PROTECTED VARIETIES CAN ONLY BE PROPAGATED BY KOLSTER BV; CLANDESTINE PROPAGATION IS STRICTLY FORBIDDEN. General terms and conditions of delivery 74
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