1.

The following terms and conditions apply to:

Højgård Planteskole/Nursery – Trading ApS 

Hejlskovvej 50, DK-7840 Højslev, CVR. DK-41759038

The terms and conditions apply to all orders. Special agreements must be in writing to be binding.

2.

Prices are only binding when the order is acknowledged. Prices are exclusive of any tax, as well as costs for packaging, certificates, insurance and shipping costs.

3.

Offers are always free.

4.

Orders are noted subject to successful culture, return of purchased goods and any form of force majeure (e.g. frost) that prevents us from fulfilling the orders in full and in a timely manner. Including labor disputes, strikes, lockouts and any other circumstance beyond our control, such as fire, war, etc.

5.

Packaging and packing are carried out taking into account the nature of the goods, the season and the duration of transport and are at the buyer’s expense.

6.

Certificate in accordance with the regulations of the importing country accompanies all shipments. Costs in connection with this are at the buyer’s expense.

7.

The goods are delivered by Højgård Planteskole/Nursery – Trading ApS, and the shipment is at the buyer’s expense and risk. Shipping will be done in the best and cheapest way at our discretion, if the buyer has not specifically instructed us.

8.

Any complaints must, in order to be successful, be made to us no later than 5 days after the arrival of the goods at the destination stated by the buyer. Any reduction in the purchase price/compensation is limited to and cannot exceed the invoice amount.

9.

The seller assumes no responsibility for growth, as weather conditions, cultivation conditions and the like are of crucial importance. A guarantee of varietal authenticity is provided. Any compensation cannot exceed the invoice amount.

10.

Payment for the goods is net cash. Amounts of less than DKK 1,000.00 will be taken as cash on delivery. Interest-free credit for up to the current month + 30 days from the date of delivery is, however, granted by agreement, to us familiar solid buyers. If the payment terms are not met, interest will be added at the rate of 1.5% per commenced month from the date of the invoice. We reserve the right to require prepayment for already confirmed orders with a commitment to credit if we receive unfavorable information about the buyer’s financial circumstances.
11.
Any delivery is made on the basis of the following specified retention of title. This also applies to all future deliveries, without this necessarily being explicitly invoked in the case of individual deliveries:

1.  All deliveries – also in the future – remain our property until the buyer has paid full and final payment of all balances in the business relationship between us and the buyer.

2. The buyer is entitled to resell the goods covered by the retention of title as part of the company’s ordinary operations. The buyer shall immediately transfer to us all receivables which he may acquire by resale to his customer or third party, corresponding to our receivable, including VAT, regardless of whether the goods covered by the retention of title have been resold before or after processing. We accept this transport. 

   The buyer is still authorised to collect the claim from his customer. We reserve the right to revoke this power if the buyer fails to comply with its payment obligations. In this case, it is the responsibility of the buyer to notify us of the debts to which we have been transported and their debtors, to provide all necessary information regarding recovery, to make all the necessary supporting documents available for enforcement and to notify his customer of the transfer.

3. The buyer carries out a processing or processing of the goods covered by the retention of title for us, without any obligations of any kind arising for us in this regard. By processing, connecting, combining or mixing the goods covered by the retention of title and other goods that do not belong to us, we acquire a co-ownership of the new goods, corresponding to the ratio between the invoice value of the goods covered by the retention of title and the invoice value of the other goods. 

   The buyer stores the new goods for us free of charge.

4. As security for our claims against the buyer to-the buyer, the buyer also transports us such claims as he acquires against a third party in connection with the installation or installation of the goods covered by the retention of title in a real property. We accept this transport.
5. In the event of default on the part of the buyer, we are entitled to take back the goods covered by the retention of title. The buyer is obliged to hand over the goods in question to us. Such repossession of the goods does not imply termination of the contract unless we declare this in writing.
6. The buyer is obliged, at his own expense, to insure the goods covered by the retention of title to a sufficient extent against theft, destruction, fire and water damage.
7. We undertake to release the collateral due to us at the buyer’s request when the value of the collateral exceeds the secured claims by more than 20%.

12.

Disputes concerning deliveries under these conditions shall be settled in accordance with Danish law by the district court in Viborg as the competent jurisdiction.