These conditions were drawn up by Corthogreen bv Steverinkstraat 50 in Gaanderen d.d. 13 June 2010 and are based on the General Terms of Sale and Delivery
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conditions for the seed and plant product trade, as drawn up by the Horticultural Section of Plantum, NL.

Article 1
Applicability of these general terms and conditions.
1. These terms and conditions shall apply to every offer and every agreement between Corthogreen bv, hereinafter to be called the seller, and a purchaser insofar as one or more of
these terms and conditions have not been expressly deviated from in writing.
2. On offers and agreements between Corthogreen bv and its buyers, in addition to these terms and conditions, the additional terms and conditions of sale retail companies and the standard terms and conditions for reselling vegetable and/or flower seeds of NAK-horticulture shall also apply to offers and agreements between Corthogreen bv and its purchasers, in so far as these terms and conditions deviate from the present terms and conditions.
these terms and conditions.
3. To all agreements with and or offers for sale directed at buyers established outside the country of the seller, insofar as there are no deviations from the present terms and conditions below, the International Seed Trade terms and conditions shall apply. The International Seed Trade Federation Rules and Usage for the Trade in Seeds for Sowing shall apply.

Article 2
Offers and prices:
1. Quotations made by the seller are without obligation. A non-binding quotation may be revoked up to 3 days after receipt of the acceptance. The prices stated in the quotation prices are, unless explicitly stated otherwise, exclusive of turnover tax, transport and packaging. Any import duties and export documents are for the account of the buyer.
2. The seller reserves the right to change its prices periodically. Each new quotation shall render the previous one inoperative with regard to orders placed after that new quotation.
orders placed after the new quotation.

Article 3
Reservation of harvest, processing and delivery
1. Deliveries shall be made under the usual harvest and processing reservation. If the seller invokes the reservation of harvest or processing, the seller is not obliged to deliver, but shall, if possible, try to deliver in proportion to the quantity ordered or comparable alternatives.
2. The buyer shall not be entitled to compensation if this reservation is invoked by the seller.
3. Not attributable to the seller’s fault is: in general, any circumstance outside the seller’s direct sphere of influence, as a result of which the fulfilment of the agreement cannot reasonably be impeded.
The agreement cannot reasonably be required. For instance: damage due to force majeure, such as fire, water, frost and storm damage, disruptions in supply of energy, defects in machinery and business occupation. See the article ‘force majeure’.

Article 4
Order and delivery
1. If in an order the quantity ordered differs from the standard quantity used by the seller or a multiple thereof, the seller shall be free to deliver the next to the higher quantity to be delivered.
2. The seller shall always use its best efforts in delivering the delivery obligation.
3. Proper fulfilment of the delivery obligation by the seller shall also mean delivery with a minor deviation in size, packaging, number or weight.
4. The seller shall be permitted to deliver sold goods in parts. If the goods are delivered in parts, the seller shall be entitled to invoice each part separately.
5. The incoterms in force at the time the agreement is concluded shall apply to the agreement.
6. Unless expressly agreed otherwise, the delivery shall be ex works (EXW) of the seller. If no shipment arrangements have been made between the buyer and the seller, the seller shall be entitled to ship in the manner he deems best. Dispatch
shall be at the buyer’s risk and expense. Any transport insurance costs shall be borne by the buyer.
7. The seller undertakes to deliver within a reasonable period, in accordance with the sowing or planting season after the sales agreement has been concluded.
8. An agreed delivery time shall not be a deadline. If delivery is not made on time, the buyer shall therefore give the seller notice of default in writing and allow him a reasonable period to. In the event of late delivery the buyer shall therefore give the seller notice of default in writing and allow him a reasonable period of time to perform the agreement.

Article 5
Retention of title
1. The goods delivered by the Seller shall remain the Seller’s property until the Buyer has paid the purchase price.
The retention of title also applies to any claims the seller may acquire against the buyer seller’s failure to fulfil any of his obligations towards the seller.
2. Goods delivered by the seller which are subject to retention of title by virtue of paragraph 1 may only be used in the ordinary course of business sold or used. In the event of resale, the seller shall be obliged to demand retention of title from his customers.
3. The Buyer shall not be permitted to pledge the goods or exercise any other right to them.

Article 6
Payment
1. Payment must be received by the seller within thirty days of the invoice date. After expiry of this term, the buyer shall be in default; the buyer shall owe interest of 2 % per month or legally determined interest on the amount due as from the
date of default, the buyer shall owe interest on the amount due at the rate of 2% per month or the statutory interest rate.
2. In case of liquidation, bankruptcy or suspension of payment of the buyer, the payment obligations of the buyer shall become immediately due and payable and the seller shall be
suspend the further execution of the agreement or dissolve the agreement, without prejudice to the seller’s right to claim damages. The seller’s right to claim damages.
3. If payment in instalments has been agreed, if an instalment is not paid on time, the entire remaining amount shall become immediately due and payable without notice of default. The
sentence of paragraph 1 shall apply accordingly.
4. The seller shall be entitled to demand an advance payment on the invoice amount from the buyer.
5. Payment shall be made in the currency stated on the invoice, and in the absence thereof in Euros. The seller is entitled to pass on exchange rate differences to the the buyer.
6. The buyer is not authorised to deduct from the invoice amount due any amount due to a counterclaim made by him, or to offset the payment of the price in any other way.

Article 7
Suspension
1. If the purchaser is in default of the correct or timely fulfilment of one or more of his obligations, the obligations are automatically and immediately suspended, until the buyer has paid in full what he owes due. (including payment of any extrajudicial costs); the seller may demand full payment and/or adequate security from the buyer, for instance in the form of a bank guarantee to be issued by a reputable Dutch
reputable Dutch banking institution, with regard to the buyer’s compliance.
2. The seller shall be entitled to demand full payment and/or adequate security for the buyer’s performance before fulfilling the agreement, if the buyer is not in default. It is evident that the buyer will not or cannot fulfil his obligations correctly or in time.

Corthogreen B.V.
IJsselweg 45
7061 XV Terborg
The Netherlands

+31 (0) 315 – 345 113
info@originalseedpaper.com

Article 8
Collection costs
If the buyer fails or is in default in the fulfilment of one or more of his obligations, all costs incurred to obtain satisfaction out of court and judicial costs shall be borne by the buyer.

Article 9
Liability
1. The seller is not liable for damage as a result of a defect in the performance delivered, unless there is intent and or gross negligence on the part of the seller and or its employees.
2. The buyer shall be obliged to limit the damage, with regard to the performances about which he submits a complaint to the seller, as much as possible.
3. If the seller is liable on the basis of one or more conditions, such liability shall be limited to the invoice value of the performance; the seller shall in no any case liable for any form of consequential damage.

Article 10
Use and warranty
1. All our deliveries are deemed to be intended for the amateur market.
2. The seller guarantees that the performances delivered will comply to the best of his ability with the product specifications belonging thereto. However, the product specifications
not as a guarantee. In case the delivered goods do not comply with the product specifications, the buyer will be informed. Seller furthermore does not guarantee that the delivered performance meets the purpose given to it by the buyer.
3. If a germination capacity is indicated by the seller, it shall be based exclusively on reproducible laboratory tests. No direct relationship may be assumed between the indicated germination force and the emergence of the seed at the buyer’s premises.This indicated germination force only indicates the germination force at the time of performing the test and for conditions under which the test was performed. Emergence depends, among other things, on the location, cultivation measures or climatic conditions at the buyer’s premises.
4. Any guarantee on the part of the buyer shall lapse if the buyer processes the goods or has them processed, repackages the goods or has them repackaged, or uses the goods incorrectly used.

Article 11
Defects; complaint period
1.The buyer must examine the purchased goods upon delivery. In doing so the buyer must check whether the delivered goods comply with the agreement, namely: whether the correct goods have been delivered goods have been delivered; whether the quantity of the delivered goods corresponds with that agreed upon; whether the delivered goods meet the agreed quality
or – if these are lacking – to the requirements that may be set for normal use and/or commercial purposes.
2. If visible defects or shortages are found, the buyer must report these to the seller in writing within 5 working days of delivery, stating the batch, delivery note and/or invoice details to the seller.
3. Non-visible defects must be reported to the seller in writing within 5 working days of discovery, stating the batch, delivery note and/or invoice details.
4. Complaints must be described in such a way that the seller or a third party can verify them. To this end, the Buyer must also keep records with regard to use of the goods and, in case of resale of the goods, of its buyers. If the buyer does not report within the aforementioned periods, his complaint will not be dealt with, and his rights will lapse.
5. In the event of a persistent difference between the parties regarding germination, varietal trueness, varietal purity and technical purity, at the request of one of the parties a (re)inspection shall be carried out by the NAK horticulture established in Roelofsarendsveen, the Netherlands, at the expense of unequal. The re-inspection test will be carried out on the basis of an approved sample. The result of this (re)inspection shall be binding on both parties, without prejudice to the parties’ right to submit disputes concerning the consequences of this result to the to the bodies referred to in Article 14.

Article 12
Provision of information
1. Information provided by the Seller in any form whatsoever is without obligation. Descriptions, recommendations and illustrations in brochures and leaflets are tailored as closely as possible to experiences in tests and practice, but are exclusively intended as general information and not as an indication of quality or guarantee. However, the vendor does not, however, under any circumstances accept liability for deviating results in the cultivated product on the basis of such information. It is up to the buyer to assess whether the items are suitable for the intended cultivation and local conditions.
2. In the information given by the seller, ‘immune’ means that the variety is impervious to certain disease (impervious is an absolute concept); ‘resistant’means means: the ability of the plant to prevent or hinder the development of a certain disease or a certain form of this disease; ’tolerant’ means: the ability of the plant to prevent or hinder the development of a certain disease or a certain form of this disease. means the ability of the plant to tolerate a particular disease or harmful environmental factor, with minor adverse effects on flowering and production ‘susceptible’ means the inability of the plant to hinder or counteract the growth or development of a given disease or harmful environmental factor.

Article 13
Force majeure
1. Force majeure shall mean: circumstances which prevent the fulfilment of the commitment and which cannot be attributed to the seller. If and insofar as such circumstances make performance impossible or unreasonably difficult, such circumstances shall include: strikes in companies other than those of the Seller, wildcat strikes or political strikes in the Seller’s company, a general lack of necessary raw materials and other items or services required for performance; unforeseeable stagnation at suppliers or other third parties on which the Seller depends and general transport problems.
2. The Seller shall inform the Buyer as soon as possible if it is unable to deliver or deliver on time due to force majeure.
3. If the force majeure lasts longer than two months, both parties shall be entitled to dissolve the agreement. The seller shall in this case not be obliged to pay any damage compensation.

Article 14
Dispute resolution
1. Unless the parties have mutually agreed on arbitration, any dispute shall be settled by the civil court competent in first instance at the place of the seller, unless the applicable rules of the law chosen in Article 15 confer mandatory jurisdiction on another court.
2. In the event of a dispute, however, the parties will initially try to reach a different solution in mutual consultation, or otherwise by means of mediation, before parties submit this dispute to an arbitration board or to a civil court.
3. The seller shall at all times be entitled to summon the buyer to appear before the competent court according to the law or the applicable international treaty.

Article 15
Applicable law
1. Any agreement between the seller and the buyer shall be governed by the law of the seller.
2. If the seller and the buyer are not established in the same country, the United Nations Convention on the International Sales of Goods (Vienna Sales Convention) shall also apply. Convention), insofar as it does not deviate from these terms and conditions and insofar as it does not conflict with the mandatory law of the seller’s country.