General Terms and Conditions of Sale
These terms and conditions cancel all previous conditions (including terms and conditions in our past catalogues) and shall apply to any sale of Dutch Seed Group International B.V. (hereinafter referred to as DSGI B.V.) vegetable and/or field seed. Registered office: Elbaweg 15 A, 1607 MN Hem – The Netherlands, and registered with the Chamber of Commerce for Noordwest Holland under number 37131331. In addition to these conditions, the ISF conditions for seed sales are applicable.
Article 1 – Ordering
Placing an order with DSGI B.V. to purchase seeds as specified is subject to these terms and conditions of sale. An order is confirmed only when DSGI B.V. issues an official confirmation or pro-forma invoice, and will only then be binding. All offers, whether by letter or e-mail, are without obligation of any kind. Orders are confirmed “subject to crop” and “subject to passing” within the meaning of the ISF conditions.
Article 2 – Prices
All prices are in EUR or USD currency, exclusive of V.A.T. and ex-warehouse. All prices are subject to change or withdrawal without notice.
Article 3 – Shipping Instructions
The customer is requested to forward clear shipping and forwarding instructions with his order, designating the route which will be followed as far as possible; otherwise, DSGI B.V. will select carriers and routes.
Article 4 – Delivery & Transport
Delivery is dependent on the safe arrival of the crop from the source, and no warranty can be given, nor can DSGI B.V. assume responsibility as to the time of delivery. All seeds are shipped ex-warehouse Hem/Holland and travel at the buyer’s risk unless otherwise agreed. All shipments are insured at the customer’s expense unless otherwise instructed.
Article 5 – Documentation
Set: invoice, packing list, certificate of origin and Non-GMO certificate; phytosanitary certificate; ISTA certificates or any specially requested certificates are charged at cost price.
Article 6 – Packing & Treatment
Packing shall be charged at cost value and is not returnable. These prices are subject to change at any time. Special packing instructions, if possible, shall be carried out at the customer’s risk and for his account. Any requested seed treatment shall be carried out in the correct manner and/or in accordance with instructions given by the manufacturer of the chemical in question. DSGI B.V. accepts no responsibility whatsoever for the effectiveness of such treatment or any direct or consequential damage.
Article 7 – Return of Seed
The customer hereby agrees not to return the seeds supplied without prior authorisation by DSGI B.V. In case of return (only within 2 weeks), the customer must send back the seed in unopened original packing and in compliance with DSGI B.V. shipping instructions.
Article 8 – Quality
Descriptions and standards mentioned in DSGI B.V. catalogues and pamphlets, or characteristics and quality, are to be considered general information only. Such descriptions have been compiled as accurately as possible, but DSGI B.V. does not give any guarantee, expressed or implied, of quality or other characteristics.
Article 9 – Property and Risk
The goods remain the property of DSGI B.V. until the covering invoice has been paid, unless otherwise agreed. Trade names and/or numbers are the property of DSGI B.V. at all times and are to be used only in connection with seeds supplied under these names and/or numbers.
Article 10 – Force Majeure
DSGI B.V. shall not be responsible for delay in delivery of goods or any part thereof occasioned by any action by any government, strikes, lockouts, combination of workmen, riots or civil commotions, breakdown of machinery, power failures, fires, failure of crop, fuel shortage, loss and/or detention at sea, or any other contingency beyond the control of DSGI B.V. Should any of the goods be rendered unfit for delivery by reason of any of the above acts, the contracts, so far as they relate to those goods, shall be deemed to be discharged.
Article 11 – Limitations of Liability
Any seeds not complying with the sales confirmation, or any seed proved defective, whether as to purity, germination or otherwise, will, at DSGI B.V.’s option, either be replaced free of charge or credited at our discretion. The purchase price shall be the limit of obligation of DSGI B.V., which excludes all liabilities for loss or damage, whether direct or consequential, arising in any way in connection with seed supplied. Any expressed or implied conditions, statements or warranties, statutory or otherwise, not expressly stated in these conditions of sale are excluded. DSGI B.V. accepts no liability whatsoever for any seed which has been repacked, nor for any non-fulfilment, late delivery, tort, or other act of negligence by DSGI B.V., other than expressly stated in this article.
Article 12 – Complaints
Complaints and claims will be considered only if made within 10 days after receipt of goods. Complaints about the germination capacity and/or purity of the supplied seeds must be submitted within one month of delivery. Restitution for an article can never exceed the amount charged for it on the invoice. No complaint, whatever, gives any ground for adjournment of any payment. When goods have been repacked by the customer and the original DSGI B.V. packing has been removed, changed, or damaged in any way, the customer no longer has any right to claim. Alternatively, the customer waives any and all claims of which the seller was not specifically notified.
Article 13 – Applicable Law
These general terms and conditions shall be governed by and construed in accordance with the laws of the Netherlands. Applicability of the Vienna Convention (CISG) is explicitly excluded.
Article 14 – Warranty
DSGI B.V. gives the greatest possible attention to the production, harvesting, and shipping of seed which merits its own full confidence. However, DSGI B.V. gives no warranty, expressed or implied, as to the description, quality, productivity, or any other matter of the seed delivered, nor will it be held responsible for the crop in any way. DSGI B.V.’s liability on this warranty is limited to the purchase price of the seed, under all circumstances and regardless of the nature, cause, or extent of the loss, only if the invoice is paid within the agreed payment term as mentioned on the invoice.
Article 15 – Bribery, Corruption, Anti-Money Laundering
DSGI B.V. is committed to carrying out its business honestly and ethically. DSGI B.V. strives to conduct its business in strict compliance with applicable laws and regulations, including national and international anti-bribery and corruption laws, international anti-money laundering laws, and international sanctions, and expects the same from its business partners. Bribery, corruption, or anti-money laundering in any form is unacceptable.
Article 16 – Export Restrictions, Sanctions and Payment
The resale, transfer, re-export or onward supply of products, including but not limited to agricultural inputs such as seeds, planting material, fertilizers and crop protection products, to countries, persons or entities subject to EU sanctions is strictly prohibited. Any breach shall constitute a material breach of the agreement, entitling the supplier to immediate termination and full indemnification.
All invoices should be paid to DSGI B.V., Elbaweg 15a, NL-1607 MN Hem – The Netherlands, according to the terms indicated on the invoice. New customers: advance payment. Late payment will incur statutory interest under Dutch law.