General conditions of Sale

Phone:                          +31 252 515559
Fax                                +31 252 515588
E-mail                            Damen@damen-flowerbulbs.com
Bank                              Deutsche Bank43.35.21.192
IBAN                              NL32DEUT0413521192
BIC/SWIFT                    DEUTNL 2 A
Chamber of Com.        28100102
BTW-VAT-IVA              NL812902130B01
  1. Unless specifically otherwise agreed in writing, before dispatch, all products are sold in euro (€) and travel throughout at buyers risk and expense. Notwithstanding any agreement as to delivery at any point other than the seller’s warehouses, the goods shall in all cases be at buyer’s risk and expense from the time they leave the initial point of shipment.
  2. Whenever the terms of an order call for a delivery FOB named port or FCA Noordwijkerhout/Holland, the seller shall be required only to arrange for ordinary ( sea ) transportation and ordinay insurance ( When specifically asked for in writing) to the point specified and the seller may, at his option, either prepay freight, insurance and / or other shippingcharges, including importduty and arrange to collect same on delivery in a lump sum form the buyer.
  3. Payment shall be made by irrevocable documentary credit, at sight, confirmed by ABN-  AMRO Bank or in case of another agreement in writing, within thirty ( 30 ) days from date of invoice for prepacked flowerbulbs or within sixty ( 60 ) days form date of invoice for bulk flowerbulbs, in the latter case 1 % cash discount will be allowed for payment within eight (8) days from date of invoice. Buyer agrees to pay interest at the rate of one ( 1 % ) per month or part of a month on all outstanding accounts after due date with any and all collection expenses.
  4. If at the time of shipment, the buyer’s financial responsibility appears unsatisfactory to the seller, the seller may, at his option, cancel the order in whole or in part, provided that he shall promptly advise the buyer of any such cancellation and the seller shall not be responsible for any damages whatoever arising from such cancellation. 
  5. The seller warrants the goods to be sound an healthy at the time of shipment, proof of which is the Government phytosanitary certificate for consignments exported out of the EU and for goods remaining within the EU the plant passport, but doesnot otherwise warrant flowering – or- other –planting – growing- and / of forcingresults.
  6. Total or partial failure of the general and / or the seller’s crop, owing to frost, floods or other natural causes, or loss or damage to the seller’s stocks by fire and / or any causes beyond his control, preventing the seller from fully performing present and / or similar contracts, shall relieve the seller from his obligations under any contract to a corresponding extend.
  7. Seller is authorized to substitute for named varieties ordered, provided said substituted material is of the same class and of equal quality unless otherwise agreed in writing or noted on the face of an ordersheet.
  8. All offers and quotations are without engagement, unless explicitly provided otherwise in writing. All orders booked and offers made are “subject to crop and / or being unsold”
  9. Cancellation of the order in whole or in part by the buyer, shall entitle the seller to recover either as and for liquidated damages a sum equal to 25 % of the contract price ( which sum is agreed as the estimated damage likely to result to the seller from such a cancellation ) unless it can be proved that the damages are higher.
  10. All claims hereunder shall be deemed waived unless presented within eight ( 8 ) days after receipt of the goods. Claims relating to damage to or condition of the goods shall be accompanied by a Lloys’s survey report or its equivalent, stating full particulars, when the seller had to undertake the insurance at the buyer’s written request.
  11. Transactions are governed by the law or the Kingdom of The Netherlands and in case of dispute, any claims should be made in The Netherlands and the Dutch courts are exclusively competent, but our responsibility never exceeds the value of the invoiced goods.
  12. All sales are subject to our conditions of sale and cannot be altered nor departed from except by mutual consent in writing.