GENERAL SALES CONDITIONS

GENERAL SALES CONDITIONS

  1. General conditions

These conditions are integral to all orders, contracts and offers. They are in effect no later than while carrying out a service or receiving a delivery. Regulations not meeting the general conditions are possible only with legitimating in writing by the seller. All offers made are offers without obligation and depend on availability. Offers are in effect the moment they are confirmed or the moment the commission is confirmed.  Orders placed must be confirmed by the seller. If the buyer does not place resignation in writing no later than 7 days before the due delivery date, the order is treated as complete according to all conditions confirmed in the order. Conditions of buy, order confirmation or other sales conditions , that are not in line with our sales and delivery  conditions will not be accepted.

  1. Priced and payment conditions

All prices are valid at the sales place, not including packaging and transport. All prices are given net in PLN. To all net prices one must add the VAT tax amount. All old pricelist are automatically invalid the moment a new pricelist comes to life. When a buyer picks the plants at the nursery personally the pricelist is invalid. When the order is carried out the buyer  is obliged to pay a down payment. The seller saves the right to carry out an order paid in advance. When the financial condition of a buyer worsens , the seller saves the right to protect the due payments. When the buyer does not co-operate, the seller saves right to terminate the contract and demand compensation. When payments are not on time, but not layer than 30 days since the invoice was issued or the date of order delivery, the legal interest will be charged.

  1. Sending and packaging

Transport is done at risk and responsibility of a client. If the sending date is prolonged due to the buyer, all dangers connected to delay in plants receiving  are the buyers responsibility since the day of the receiving ability. The seller is obliged to package the order adequately. Every piece is marked correctly. Transport insurance is done only on specific buyer’s demand and cost. Disposable packaging is paid for by the buyer in the costs on the seller’s side. The reusable packaging  (stillages,  boxes, trolleys) remain owned by the seller and must be returned at buyer’s cost. All not returned packaging will be charged on the buyer. Delivery must be done only down a clear road. Delivery does not include unloading.

  1. Delivery requirement

In situations of natural crisis, like drought, hail, frost and other not dependent on the seller (strike, currency change, others obstacles disrupting company’s working) causes,  the delivery date is prolonged until the cause of disruption is removed. If delivery is impossible because one of aforementioned situations, the seller is free from delivery obligation. No claims of compensation will be accepted.

  1. Sizes and patterns

All plant sizes given may differ 15% both directions, the differences are acceptable in natural products and are not a sign of quality lacking. Patterns give typical plants features, depending on variety. Not every plant must be identical with the ideal.

  1. Ownership warranty

The delivered order is owned by the seller until the whole price for the order was placed, including possible interest. That rule is valid even after plantation in buyers or third parties ground.  Order under warranty (not paid for) must be stored or put to ground separately and marked in the way so that the seller can easily find it. If the plants ordered gets lost between other plants, the seller becomes a co-owner of all plants in scope of the value of the order delivered. The co-ownership is valid if the seller has met all their obligations towards the buyer. The buyer is obliged to care for ordered plants. That means proper storing, planting, fertilizing and irrigating.

  1. Warranty and consumer guarantee

The seller does not guarantee that plant will root. The guarantee can be given on special buyer’s demand and on additional fee. The guarantee is valid for a year after delivery. The seller issuing a guarantee assumes that the buyer takes care of the plants according to all cultivation rules appropriate for a certain plant variety ( appropriate depth of planting, soil variation, soil preparation, fertilizing and irrigation). In case of natural disaster, like drought, frost, pests, the guarantee is invalid. In case of guarantee for plants rooting it is not a warranty in legal meaning. The buyer is obliged to check the plants right after delivery and immediately, but no later than in 8 days since the delivery, point out in writing all visible damages. Otherwise the guarantee is not valid. You need to send the proper document in set time. The buyer is responsible for commencing the whole warranty process.

  1. The place of execution and legal attribution

The execution place agreed in the contract is Pniewo. The legal attribution for any possible disputes is the adequate court in Lublin.

  1. The concluding clause

In case of professional disputes , especially on the plants quality, a neutral professional is engaged. The professional engagement might be followed by  legal suit.

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