General terms and conditions of Delger Pflanzenhandel GmbH, Apen

I. General

1. The following conditions are part of all sales contracts, including all offers, with entrepreneurs in the sense of § 14 BGB.
They are deemed to be accepted at the latest when the order is placed or the delivery is accepted.
2. Deviating agreements are only effective if they are confirmed by us in writing.
3. Accepted offers become binding with our order confirmation or execution.
4. If the buyer does not raise an objection immediately after receipt of the order confirmation, the order is deemed to be subject to the conditions of
Order confirmation issued.
5. We expressly contradict purchasing or order conditions or other general terms and conditions that our general
contrary to the terms and conditions.

II. Prices and terms of payment

1. All prices apply ex point of sale without packaging, transport and toll in euros plus sales tax.
The old prices lose their validity when our product range and price list is republished.
2. Foreign means of payment, insofar as the invoice is not issued in this currency, after the date at the Deutsche Bundesbank on the day of
Converted into euros at the official asking rate of the respective currency quoted on invoicing.
3. We are entitled to make the provision of the contractual service dependent on the advance payment of the agreed remuneration or a corresponding
to make the provision of security dependent if the customer's financial circumstances deteriorate significantly.
After setting a reasonable grace period, we are entitled to withdraw from the contract and claim damages if the customer fails to act
make. We can carry out orders against cash on delivery.
For delivery on account, the term of payment is 30 days from the invoice date. If payment is made within 10 days of receipt of the invoice, we grant
2% discount on the net invoice amount if the buyer has fully met all payment obligations from previous deliveries.
4. The assertion of a right of retention/right to refuse performance by the customer is excluded. This also applies to offsetting
against our claims with counterclaims by the customer, unless the claim made for offsetting is undisputed or legally binding
established.
5. Checks and bills of exchange are only accepted on account of performance subject to encashment. Expenses and costs incurred as a result shall be borne
of the customer.
6. In the event of a delay in payment, interest of 8% p.a. above the applicable base interest rate will be charged from the time of the delay.

III. Shipping and packaging

1. Shipping is at the expense and risk of the buyer. If the shipment is delayed by a circumstance for which the customer is responsible, the
Risk passes to the customer from the day we are ready for dispatch.
2. Disposable packaging will be charged at cost price, unless expressly agreed otherwise. Reusable packaging (e.g. lattice boxes,
Nursery pallets, etc.) remain our property and must be returned at the customer's expense.
Transport costs, cartage, tolls, insurance premiums, etc. are to be borne additionally by the customer, unless expressly agreed otherwise. One
However, transport insurance is only taken out at the express request of the customer.
3. Deliveries by truck can only be made on freely accessible roads.

IV. Delivery Obligations

1. In the event of weather disasters, such as B. drought, frost or hail or other unforeseen, non-culpable circumstances such. e.g. epidemics, strikes,
Lockout, operational disruptions of any kind, war, war-like events, currency changes or official intervention, the
Delivery period for the duration of the hindrance. If delivery becomes impossible due to the circumstances mentioned, we are released from the delivery obligation.
In this case, the customer cannot assert claims for damages.
2. Fixed delivery dates are only binding for us if they are confirmed in writing.
3. Partial deliveries are expressly reserved.

V. Measurements and Patterns

1. All dimensions are approximate. Deviations in the order of 10% up or down are permissible.
2. Samples only show the average condition. Not all plants have to turn out like the pattern.

VI. retention of title

1. The delivered goods remain until all claims from the business relationship have been fulfilled in full
including ancillary claims in our property. The retention of title also remains in place if individual claims from us are part of an ongoing
billed and the balance drawn and accepted.
2. Until we revoke this, the customer is entitled to resell the reserved goods in the ordinary course of business. Here is the
to disclose existing retention of title to the third-party purchaser and to inform us of the name and address of the third-party purchaser upon request.
3. The customer is not authorized to dispose of the goods subject to retention of title in any other way (in particular pledging, assignment as security). In the case of seizures in the
We are to be informed immediately of the goods subject to retention of title, stating the name and address of the attachment creditor.
4. The claims to which the customer is entitled from the resale, including all ancillary rights and including any balance claims, are assigned to the
customer hereby to us. The assignment is accepted by us. The customer is authorized to claim the assigned claims until we revoke
at the latest, however, until the customer defaults in payment. From the onset of default in payment, we are hereby informed by the customer
irrevocably authorized to inform the third-party purchaser of the assignment and to collect the claim himself. All necessary for this
Information and receipts are to be provided to us by the customer without delay.
5. If the value of the securities existing for us exceeds our total claims against the customer by more than 20%, we are at the request of the
customer or a third party affected by the over-collateralization to release or return securities at the discretion of the claimant to the extent
committed to the overhang.
6. Our ownership of the goods subject to retention of title is not lost if the customer keeps the delivered plants on his or her premises until they are resold
hits or plants someone else's property. The reserved goods are to be stored, cut in or planted separately from other plants, and so
to mark that it remains recognizable as coming from us. The customer is obliged to treat the reserved goods with care free of charge. For this
includes in particular professional storage, planting, fertilization and irrigation.

VII. Liability for Material Defects

1. A guarantee for the growth of plants is not given. If the customer expressly requests an increase guarantee, a
separate amount will be charged. A granted growth guarantee extends to a maximum of 1 year from delivery and continues
assume that the customer treats the plants professionally. This includes in particular the correct planting depth, fertilization and irrigation. cases higher
Violence, in particular drought, frost, pest infestation, etc. are not covered by the guarantee.
2. We only guarantee the varietal authenticity of the plants or the offspring if this has been expressly agreed in writing. In this case
the warranty period is 1 year from the date of delivery.
3. The delivered plants are to be examined by the customer upon delivery. Defects found here must be reported immediately, but no later than within 24 hours
upon knowledge, to complain in writing. Defects that only become apparent later must also be reported within 24 hours of discovery, but no later than after they have expired
1 year after delivery, in writing.
4. We are entitled to make a replacement delivery in the event of a defect. In the event of failure, the customer is entitled to a reduction
or resign. Claims for damages amount to a maximum of the simple net invoice value.
5. Further claims, for whatever legal reason, are excluded, unless claims for damages are based on a violation of the
life, limb or health due to an intentional/negligent breach of duty by the seller or his vicarious agents. Neither
Claims for damages based on an intentional or grossly negligent breach of duty by the seller or his vicarious agents are excluded
based.

VIII. Place of Performance and Jurisdiction

1. Place of performance and place of jurisdiction is the registered office of the seller.
2. German law applies.