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Conditions of Use

Put here your Conditions of Use information.

General
1. Our delivery terms are an integral part of all delivery contracts, agreements and offers. They shall be deemed accepted at the latest by order or acceptance of the delivery. For future business connections, they also apply if they have not been expressly confirmed by us in writing.
2. Deviating agreements require written form. Terms and conditions of business of the buyer, which we do not expressly acknowledge in writing, are also not binding for us if we do not expressly contradict them.

Offer and contract conclusion

1. The prices are valid only for packaging from Baumschule in Euro plus the VAT valid at the time of delivery. They correspond to the cost situation at the time of catalog printing and apply for the respective marketing year.

Payment

1. Orders for which nothing else has been agreed can be delivered against COD.
2. The payment target is 20 days from the date of the invoice. If payment is made within 10 days, we will grant a 2% discount to the net invoice amount, provided that the buyer has fulfilled all payment obligations from previous deliveries. In the case of exceeding the target, we shall be entitled to charge default interest at bank rates without special reminders.
3. The buyer can only offset with undisputed or legally binding counterclaims.
4. Non-observance of the terms of payment or circumstances which cause doubts in the creditworthiness of the customer shall result in the immediate maturity of all claims. We can then withdraw from contracts which have not yet been executed.

Contract

1. Force majeure shall release us from the obligation of the purchase contract, without the buyer being able to derive rights for damages from it. Frost, drought, lack of transport and strike are equated with force majeure.
2. Contractually agreed delivery dates are considered to be approximate.
3. If the buyer does not meet his contractual obligations, we are entitled to apply damages for non-fulfillment. The claim for damages amounts to 30% of the invoice value without any proof. A higher damage can be made against proof.
4. If the purchaser is in default with the acceptance of the goods, we are not bound by the provisions of § 373 HGB (German Commercial Code) and may, without prejudice to the right, sell the plants at any reasonable price and for the account of the defaulting purchaser sell.

Retention of title

1. The delivered plants remain our property until full payment of all claims arising from the business relationship between us and the buyer.

Shipping

1. The shipping is at the expense and risk of the buyer.
2. All incidental costs, B. Packaging, for example, if. - Costs, certificates and transport insurance (unless the latter is explicitly not desired) is also borne by the buyer. We will not accept any packaging material.
3. If no transport regulations have been given, we are entitled to make the shipment at our own discretion by the way which is most favorable to us, without assuming any responsibility.
4. If "on call" has been sold, we have the right to deliver autumn deliveries after 15.11. and spring deliveries after the 1.4. according to its own judgment, if the request was not made beforehand.

Warranty
 
1. Replacement for missing variety, species and sorting with a corresponding price change is permitted, as far as the buyer does not expressly prohibit.
2. The guarantee is not accepted. If the buyer expressly requires this, a special surcharge will be charged. However, this guarantee covers only one year from delivery and assumes that transport, planting and maintenance were impeccable and that no factors such as force majeure have affected the plants prosperity.
3. The guarantee for plant varieties is only made up to the amount of the relevant invoice amount. It covers more than 5 years from delivery in the case of fruit trees, more than 1 year for documents and young plants and more than 2 years for all other trees. No guarantee is given for the authenticity of the offspring.
4. Up to the amount of the respective invoice amount, the guarantee is assumed that the plants were not infected with fungal and animal pests at the time of delivery.

Complaints

1. Any defects must be notified in such a way that the complaint is sent within 5 days after receipt of the consignment. The deficiencies are to be specified exactly. Defects, which are only recognizable later, must be complained within 5 days after recognition.
2. In the case of justified complaints, the seller is free to supply replacement or to cancel the order against credit of the invoice value to the exclusion of extensive claims for the defective goods.
3. Late or improperly detected defects are no longer considered.  

Patterns and measurements
 
1. Patterns should show the average texture. Not all plants need to precipitate exactly like the sample.
2. Dimensions are only given approximately - except for the scope of the master. Small deviations are permissible.   

Place of Performance and Jurisdiction
  
1. The place of performance is Westerstede. The exclusive court of jurisdiction is Westerstede.   
2. The law of the Federal Republic of Germany shall apply exclusively.
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