Terms and conditions of delivery, derived from the regulations governing Breeder’s Rights Plant breeder’s rights are a form of intellectual property for new and valuable plant varieties. They give the holder the exclusive right to trade in seed and propagation material for the variety concerned. A licence can also be granted to others under certain conditions. • The grower(s) may not propagate plants or cause same to be propagated without written appproval of Kolster BV. • No propagation material may be made available to any third parties. • Plants may not be offered for sale, sold or traded. • The signed contracts may not be transferred to third parties and may not be introduced into any company, society, partnership or other association of persons without the approval of Kolster BV. In the case of the death of a grower(s) Kolster BV expressly agrees to sign a contract(s) with the successor(s) on condition that the grower(s) has (have) fulfilled all his (their) obligations. The plants will not be used for breeding. • Kolster BV has the right to carry out inspections at any time. The grower(s) undertake to cooperate with Kolster BV and to allow them access to the premises for this purpose. • Mutants must be reported to Kolster. Should the mutant (variety) prove to be a new strain, any commercial use will be subject to the approval of Kolster BV. • The commercial use of derived crops (seedlings and varieties whose propagation depends on using a variety or varieties that are not or not obviously different to the original variety) is subject to the prior approval of Kolster BV. The use of seeds from the varieties for the production of plantmaterial in any form is therefore prohibited. • Should breeder’s rights that have been applied for fail to be granted or be declared void, the grower(s) will not be entitled to repayment of royalties or any form of compensation. • Unless otherwise agreed with Kolster BV, should the grower(s) fail to pay invoices for deliveries or licences or suffer bankruptcy, the grower is obliged to return the plants to Kolster BV or to destroy all plant material in his possession within 2 weeks of receiving a written demand to this effect from Kolster BV. • The grower(s) may not alienate the rights and/or encumber them in any way whatsoever. • The cut flower varieties produced from the Magical breeding or the varieties for which Kolster BV represents the breeder can only be ordered and purchased from Kolster BV. The purchase and/or use of garden, patio or pot plants for the cultivation of cut flowers is not permitted. TRADEMARK RIGHTS The names “Fantasy” and “Magical” are protected by trademark rights and may only be used for plant material supplied by Kolster, or for material that has been cultivated with the approval of Kolster. THE BRANCHES, BERRIES, FLOWERS AND LEAVES OF PLANTS PRODUCED BY KOLSTER BV ARE INTENDED FOR DECORATION AND NOT SUITABLE FOR CONSUMPTION Terms and conditions of delivery for items protected by breeder’s rights 75
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