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 Rossen Seeds 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 36039605. In addition to these conditions, the ISF conditions for seed sales are applicable.
Ordering
Placing an order with Rossen Seeds B.V. to purchase seeds as specified is subject to these terms and conditions of sale. An order is confirmed only when Rossen Seeds 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.
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.
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 Rossen Seeds B.V. will be used to select carriers and routes.
Delivery & transport
Delivery is dependent on safe arrival of crop from the source, and no warranty can be given nor can Rossen Seeds 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.
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.
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. Rossen Seeds B.V. accepts no responsibility whatsoever for the effectiveness of such treatment or any damage, direct or consequential.
Return of seed
The customer hereby agrees not to return the seeds supplied without prior authorisation by Rossen Seeds 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 Rossen Seeds B.V. shipping instructions.
Quality
Descriptions and standards mentioned in Rossen Seeds 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 Rossen Seeds B.V. does not give any guarantee, expressed or implied, of quality and other characteristics.
Property and risk
The goods remain the property of Rossen Seeds B.V. until the covering invoice has been paid, unless otherwise agreed. Trade names and/or numbers are the property of Rossen Seeds B.V. at all times and are to be used only in connection with seeds supplied under these names and/or numbers.
Force majeure
Rossen Seeds 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 Rossen Seeds 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.
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 Rossen Seeds 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 Rossen Seeds 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. Rossen Seeds 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 Rossen Seeds B.V., other than expressly stated in this article.
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. However, 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 Rossen Seeds 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.
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.
Warranty
Rossen Seeds B.V. gives the greatest possible attention to the production, harvesting and shipping of seed which merits its own full confidence. However, Rossen Seeds 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. Rossen Seeds 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.
Bribery, corruption, anti-money laundering
Rossen Seeds B.V. is committed to carrying out its business honestly and ethically. Rossen Seeds 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.
Export Restrictions and Sanctions Compliance
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 (including but not limited to those listed under Council Regulation (EU) No 833/2014 and any subsequent amendments) is strictly prohibited. This prohibition applies to sanctioned jurisdictions, individuals and companies, and extends to any re-export, indirect sale or supply to or via third parties. Any breach of this provision shall constitute a material breach of the agreement, entitling the supplier to immediate termination and full indemnification.
Payment
All invoices should be paid to Rossen Seeds B.V., Elbaweg 15a, NL-1607 MN Hem, The Netherlands, according to the terms indicated and payment instructions on the invoice. New customers: advance payment. For payments by a third party, the prior written approval of Rossen Seeds B.V. is required. If payment has not been made before or on the due date, the purchaser is liable to pay the legal interest rate prevailing in the Netherlands from the day following the due date until the day on which the invoiced amount has been fully paid. The customer is required to check with each payment that the related banks, correspondent bank and/or exchange office are not involved in any money laundering practices. Please mention the proforma invoice or invoice number on the SWIFT transfer; otherwise, the payment may be refused.