Delivery conditions for plants

1.
The prices apply, packing excluded, in Euros or US$ departing from Eckelsheim, Germany,
in addition to the valid VAT, and only in conjunction with a valid breeder license at the time of delivery.

2.
The invoiced amount is due immediately at the consignment / delivery of the merchandise;
no discount deductions will be recognized.
Only cash or checks will be accepted as means of payment.
The buyer is automatically considered to be in delay of payment, in terms of § 286 para.3 BGB,
when the received invoice is not paid within 30 days after delivery.
The late payment interest rate is equal to 7.75 percent points above the basic interest rate.

3.
The plants remain our property until full payment is made of all our claims resulting from the
business relationship between us and the buyer of our property.
Our rights of possession are not lost even if the buyer may have planted the delivered plants
into the earth or pots, or may have stored, stowed or planted the plants on a property not his own.
If the delivered plants should contrarily be mixed in with other plants, the seller accrues co-ownership
of the mixed or processed plants to the amount of the corresponding value of his delivered plants.
The cancellation or alteration of the order on the part of the buyer will be accepted by the seller
under the condition that 40% of the order value is paid.

4.
Only planting stock that is recognized by the LWK can be sold for commercial viticulture.
No guarantee will be assumed for the growth of the planting stock or its further development
in the vineyard or in the pot.
The seller rules out categorically any guarantee for the length development of the vines.
Should the buyer expressly require this, a special fee will be charged.
This guarantee, however, is only valid over a period of one year from delivery, with the prerequisite
that the cultivation has been carried out faultlessly and the plant growth has not been impaired by
acts of nature beyond control.
The guarantee for varietal identity and other entitlements resulting from the delivery will only be
rendered to the amount of the respective invoice.
If, during the cultivation, an assured characteristic (e.g. mildew resistance / viral absence) should
alter itself, this would lie beyond our control and would subsequently rule out any warranty claim..

5.
Deficiencies as well as discrepancies in quantity of the plants must be reprimanded on the spot
upon consignment. Complaints thereafter regarding supposed deficiencies will not be recognized.
When delivery is made by a forwarding company, the complaint must be lodged in writing immediately,
reaching us no later than 2 days after delivery. The buyer is obligated to care for the plants in question
in a professional manner until clarification has been made.
A neutral assessor, an expert in viticulture, is to be authorized to clarify the dispute.
Should the complaint of the buyer be justified, the seller would take back the goods in question
when the defective merchandise exceeds 5%  of the total delivery.
Substitute compensations, price reduction or damage compensation cannot be demanded.

6.
Should a particular cultivar not be available in a sufficient quantity because of a below average yield,
it is agreed that the order confirmed by us in writing will be fulfilled by the addition of younger
packaged or potted vines. It is agreed that the supplier is discharged of his delivery obligations
in the case of force majeure, damages through hail and miscellaneous animal and fungal damages.

Place of performance is Eckelsheim, Germany. It is agreed that Alzey, Germany is the place of jurisdiction.