Conditions of Delivery

1. We deliver exclusively according to the following conditions. Deviations from these conditions are only valid upon written confirmation from our firm. Our conditions of delivery are not only valid for orders based on our price list, but for all other business transactions, as well.

2. Our price list is not binding. All plants are explicitly subject to prior sale.

3. Prices: all prices are in Euro and net ex premises excluding packing plus statutory VAT. The minimum purchase order/bulk order is Euro 150.

4. For unpotted forest trees and young plants , there is an additional charge of 100% for quantities below 50 of any given species. Cash discount deduction only by prior agreement.

5. Packing, delivery: unless otherwise agreed upon, the customer assumes the costs and risks of delivery, including transportation. Carriage-free delivery only covers transport to the train station. Carriage-free delivery by truck only covers truck-accessible transport to a forest district‘s unloading station.

6. The customer assumes the price of packing. Packing is non-returnable.

7. Sampling, measurements: our samples always demonstrate average properties. Delivered plants may not all correspond exactly to the sample. Measurements are approximations only. Minor deviations are permissible.

8. Guarantee: it is not possible to guarantee the growth of delivered plants, as the nursery cannot influence the care and cultivation of these plants after delivery. Should the client specifically ask for a guarantee, however, there may be a surcharge.

9. Defects: apparent defects must be reported to us immediately following delivery. Defects must be described in exact detail. Price reductions are not possible, unless this has been explicitly agreed upon previously. If a client‘s complaint is legitimate, we will take the product back. We are not required to pay compensation for defective plants, alleged fault in contract negotiations, breach of contract or dishonest acts, unless these involve intentional acts or gross negligence by the firm or our employees/servants.

10. Extenuating circumstances release the contract partners from agreements. The validity or order confirmation depends upon the success of the harvest.

11. Payment: if no other agreements have been made, specific orders can be made by cash on delivery. If there are delays in payment, the firm is entitled to charge interest of 5% over the basic rate of interest established by the Landeszentralbanken (German provincial central bank). This percentage may be higher if the seller can prove a higher burden of cost, or lower if the buyer can prove a lower burden of cost. If the seller determines, after confirming the order, that the buyer may not be able to pay the agreed-upon price, the seller retains the right to refuse delivery until payment or a surety deposit is made.If the buyer cannot provide surety or payment on delivery, the seller retains the right to withdraw from the contract.In case of delayed payments, the customer must pay the remaining debt in full with immediate effect.

Payments by check or bill of exchange are only accepted in fulfillment under the proviso of payment/cashing. The customer is liable for any costs arising therefrom.

Acknowledgement of conditions: the placement of an order implies acknowledgement of the conditions of delivery. These are also valid despite the buyer‘s own conditions of purchase and payment, insofar as these deviate from the seller‘s. Deviating agreements require explicit written confirmation by the seller. The owners and share-holders of sole traders, open trade organizations and limited partnerships to whom we deliver automatically acknowledge the validity of the conditions of delivery and payment.

12. Delivered goods remain the property of the firm until full payment. These property rights are retained even when the client temporarily plants the delivered goods on his or a third party‘s property.

13. Venue/Jurisdiction: as far as legally permissible, our firm‘s registered office/location constitutes both the place of payment and of performance for all contractual obligations.