TERMS AND CONDITIONS OF SALE
This price list supersedes and cancels all previous price lists and is subject to change without notice.
- Prices are in EURO (€). All sales are subject to good crop and/or prior sales. Prices are f.o.b. Wunstorf, Germany. Shipping and insurance are at the expense of the buyer. Bags and packing are charged extra at cost and are not returnable. Price quotations and sales in U.S. $ are possible, if agreed upon in advance. Other currencies are not accepted. Insurance is the responsibility of the buyer. The risk of loss or damage is the buyer’s and must be covered by buyer’s insurance. We will insure for shipments when requested in writing for each specific delivery. Charges for insurance will then be added to the invoice.
- Total purchase price is due net cash 30 days from date of invoice on approved accounts (unless otherwise agreed upon), otherwise cash in advance. A service charge of 1.5% per month will be charged on all past due accounts, but in no event shall it exceed the maximum rate allowable by law. Accounts payable to FSH Flecke Saaten Handel GmbH may be offset against accounts receivable to the buyer.
- FSH Flecke Saaten Handel GmbH expressly warrants that the seeds sold conform to the labels on their containers within tolerances recognized in the trade. Except for the above warranty, all seeds sold by FSH are sold as is, without any warranty either expressed or implied.
- As an express condition of the sale of these seeds, the buyer agrees that any liability of FSH is limited to the amount of the purchase price of the seed. That is the buyer’s exclusive remedy under all circumstances, including, but not limited to; breach of warranty, breach of contract, negligence, errors, omissions, mixed lots, wrong variety, performance of the seed, or poor germination. The seeds are sold at the price quoted only on the condition that the above disclaimer of warranty and agreement to limit damages are part of the basis of sale. Seeds not accepted under these terms should be retuned at once in the original, unopened container. The buyer may request a price quotation which includes more extensive warranties as a basis of sale. By accepting delivery of the seeds, the buyer agrees to the above terms.
- All future contract orders are subject to pro-rata delivery and cancellation in the event of partial or total crop failure of for any cause such as fire, damage by elements, or any act beyond our control.
- Spot orders are subject to availability at the time and will be handled on a first come, first serve basis.
- All sales are final upon acceptance at Wunstorf, Germany, and in all cases shall be construed to be executed and performed at our location in Wunstorf, Germany. Terms of sale and legal recourse are according to the laws and regulations of the Federal Republic of Germany.
- A minimum order of 150,00 EURO (€) (or U.S.$ equivalent) is required, unless otherwise agreed upon. Orders below this minimum, if accepted, will be charged a fee of €20,00 per shipment. There is also a minimum unit price of 12,50 EURO (€) (or U.S.$ equivalent).