GENERAL CONDITIONS OF STET Holland B.V. (STET)
Article 1 Applicable conditions
1.1. The following are applicable to our sales & purchase contracts of potatoes:
- The RUCIP conditions 2017, if the contract is concluded with a buyer established outside The Netherlands.
- The General Commercial Conditions Seed potatoes 2018 (fixed by NAO, LTO, VAVI and NAV), if the contract concerns seed potatoes and is concluded with a trading partner established in The Netherlands.
- The AHV conditions (“General Trading Conditions Wholesale in Potatoes” fixed by VBNA and VENEXA), if the contract concerns ware potatoes and is concluded with a trading partner established in The Netherlands.
As well as the additional conditions mentioned in the following articles:
Article 2 Quality guarantee
2.1. With regard to seed potatoes, STET delivers on the basis of norms fixed in the inspection regulations of an official certifying authority and applicable to the class of seed potatoes delivered. Unless explicitly agreed, STET will give no supplementary guarantees. STET reserves the right to apply stricter norms than the official certifying authorities.
Article 3 Conditions of sale of seed potatoes of STET varieties with Plant Breeder’s Rights
3.1. It is not permitted to enter seed potatoes with breeder’s rights be entered into any classification scheme of any grade and cannot be used for further propagation.
3.2. Upon request by STET, the buyer is obliged to supply STET with all the names and addresses of parties which the buyer has delivered or sold seed potatoes, originating from STET.
3.3. The buyer gives STET and its representatives the right to inspect, test and verify all fields planted with seed potatoes purchased from STET. Upon request by STET, the buyer is obliged to point out all fields planted with seed potatoes originating from STET.
3.4. The buyer is obliged to grant immediate access to his property and the potatoes, either in the field or in storage, to the inspection authorities which act on behalf of STET to carry out inspection on the seed potatoes with breeder’s rights delivered to him. If required, the buyer is obliged to give immediate access to his documentation such as invoices, relevant for the inspection.
3.5. The buyer is obliged to give full cooperation, as desired by STET, including cooperation in collecting evidence necessary in case STET will be or threatens to be involved in a legal or arbitral procedure.
3.6. Seed potatoes of varieties with Plant Breeder’s Rights may be planted exclusively in the buyer’s country; export of those varieties is expressly forbidden.
3.7. In the case of resale of seed potatoes of varieties with Plant Breeder’s Rights, the buyer is obliged to agree with his purchaser on the conditions stipulated in article 3.1 to 3.6 inclusive. At all times buyer will be responsible for fulfilment of these conditions by his purchaser(s).
3.8. In case the buyer does not comply with above-mentioned conditions, the seller has the right to demand compensation among which can be included loss of profit.
Article 4 Force majeure
4.1. In case of force majeure, including circumstances created by the weather, resulting in inferior stocks, STET shall be relieved of any or all of its obligations in the contract.
Article 5 Complaints and compensations
5.1. In addition to the RUCIP conditions article 25 and contrary to the General Trading Conditions seed potatoes 2015 article 51, STET will, in case of damage on buyers side, never be indebted to more than the invoice value of the goods, for which grounded complaints exist.
5.2 The stipulation in the AHV conditions, article 55 will in total never amount more than the invoice value of the goods, to which the damage is concerned.
5.3. If damage occurs, the buyer is obliged to keep this damage to a minimum.
Article 6 Conditions of payment
6.1. If, after realisation of an agreement, the financial circumstances of the opposite party are dubious and no payment securities are granted, STET will be entitled to require payment security. If buyer does not comply, STET reserves the right to cancel the agreement and demand compensation.
6.2. The term of payment amounts to 30 days after invoice date, unless explicitly agreed otherwise. If payment has not been effected within this period, the buyer is indebted for the interest amounting to 1 % per month. Each part of a month as one complete month will be counted.
6.3. In case of non-timely payment, suspension of payment or bankruptcy, STET has the right to reclaim the goods delivered by STET and for that purpose enter the properties and buildings of the buyer.
Article 7 Others
7.1. Buyer & seller are aware of the Code of Conduct of STET & will act accordingly.
Article 8 Right
8.1. To all our agreements the Dutch law is applicable.