Terms and Conditions of Ron Le Poole
The mailing, faxing of an order implies, if the order is accepted, an agreement to these terms and conditions.
Unless otherwise agreed, all prices are in Euro’s, EXW Boskoop, Holland.
Orders are subject to availability.
Replacement of missing cultivars with similar ones in the same value is allowed unless otherwise written in the order.
- unless otherwise agreed, all accounts are due thirty (30) days after date of invoice. We reserve the right to charge interest at the rate of 1 % per month on overdue accounts, calculated on a daily basis.
- payment can only be remitted through our IBAN and SWIFT Code, the details of which can be found on our invoices.
- payments made by personal cheques will be subject to a surcharge of the valid banking fee
- the legal and beneficial ownership of the goods shall remain with Ron Le Poole until full payment of the price (including an interest charged as described hereunder) has been received from the buyer.
- all costs and taxes regarding usage of a third party to collect overdue invoices are to be met by the buyer
C. Packing costs
- packing material will be charged at cost.
- plastic crates can be returned if dispatched by us and will be credited against the charged rates, provided they are returned undamaged, at the buyer’s expenses.
- CC-trolleys are provided free of charge, but must be returned within 14 days after delivery. If not returned within 14 days, we will charge a rental fee of € 1,50 per trolley per day, commencing 14 days after the date of invoice
D. Custom Clearance
- we shall normally clear the goods for export, while the buyer should clear the goods for import
- all required export documents will be for the account of the buyer, unless otherwise agreed.
E. Complaints Procedure
- in case of serious transport damage this must be reported on arrival to the driver and clearly marked on the freight documents (CMR) and immediately reported to us in writing.
- minor damage which can be cured with some pruning and which has no effect on the survival chances of the plant cannot be taken into account
- loss or damage does not discharge the buyer from his obligation to pay the price, unless it is due to an act or omission of us
- complaints about the quality must be made in writing within 8 days of arrival. We reserve the right not to accept later or not correctly formulated reclamations
- whilst we aim to supply the best possible quality, a 100% regrowth guarantee cannot be provided.
- whilst we will always try to find a mutually acceptable solution, we cannot be liable for any direct, indirect, special or consequential damage, loss of profit or business interruption costs
- no compensation can be given for winter damage, night frost or any other extreme weather conditions.
- the buyer can be compensated by the replacement of lost plants to the value of the original invoice value.
F. Resolution of disputes
- all disputes will be subject to the jurisdiction of the Dutch Courts.
Dutch law shall govern any dispute.
Aarlanderveen , May 2016