General Terms and Conditions
Forstbaumschulen Steinbach GbR
Schuckhof 66
D-74572 Blaufelden
Phone: 0 79 53 – 514
Fax: 0 79 53 – 13 83
Email:
info@baumschulen-steinbach.de
General Terms and Conditions
(As of November 8, 2011, supplement to delivery costs §4/8 dated September 15, 2026)
§ 1 General Provisions – Scope of Application
1.) These terms and conditions apply exclusively to all delivery contracts, agreements, offers, and services. They are deemed accepted at the latest upon order placement or acceptance of the service or delivery.
2.) We expressly object to purchasing or order conditions or other general terms and conditions that deviate from, contradict, or supplement our sales and delivery conditions. Even if we are aware of such alternative conditions, they do not become part of the contract unless we expressly consent to their validity in writing.
§ 2 Conclusion of Contract
1.) Our offers are subject to availability. Interim sale, i.e., the sale of offered plants between the time of the offer and receipt of the order, is expressly reserved. Each offer is to be considered as a complete whole. The removal of individual items requires our express consent. This applies especially to offers calculated as freight-free. Freight cost information is always non-binding.
2.) All orders, including those from our representatives and verbal agreements, are only deemed accepted once they have been confirmed by us in writing.
3.) Consulting services are generally provided free of charge only if followed by a commission. Design services and the preparation of assortment lists, for example in garden design, will be invoiced.
4.) By ordering goods, the customer bindingly declares their intention to purchase the ordered goods.
5.) The conclusion of the contract is subject to the condition of correct and timely self-supply by our suppliers.
§ 3 Prices and Payment Terms
1.) All prices are valid ex works Schuckhof, excluding packaging and transport in euros, net plus value-added tax. Upon publication of a new catalog/price list, the old prices lose their validity. Price changes are reserved.
2.) Foreign means of payment, unless the invoice is issued in that currency, will be converted into euros at the official selling rate of the respective currency quoted by the Deutsche Bundesbank on the date of invoicing.
3.) We reserve the right to execute orders on a cash-on-delivery basis.
4.) The buyer undertakes to pay the full invoice amount within 14 days of the invoice date after receipt of the goods. After expiration of this period, the customer is in default of payment. During the period of default, the buyer must pay interest on the monetary debt at a rate of 8% above the discount rate of the Deutsche Bundesbank. We reserve the right to claim higher default damages without further proof. Deviating payment periods or conditions require written confirmation or will be expressly noted on the relevant invoice. Any agreed discount deduction will only be granted if the buyer has fully met all payment obligations from previous deliveries. relevant invoice. Any agreed discount deduction will only be granted if the buyer has fully met all payment obligations from previous deliveries. in full.
5.) Checks and bills of exchange are only accepted for performance subject to the condition of redemption. Any resulting expenses and costs are fully borne by the buyer.
6.) If a significant deterioration occurs in the buyer’s financial circumstances, we are entitled to make the provision of our contractual performance dependent on advance payment of the agreed remuneration or appropriate security. After setting a reasonable grace period and the buyer’s failure to act, we are entitled to withdraw from the contract and claim damages.
§ 4 Transfer of Risk, Shipping, and Packaging
1.) The risk of deterioration of the goods passes to the buyer upon handover, or in the case of mail-order sales, upon delivery of the goods to the forwarding agent, carrier, or other person or institution designated to execute the shipment.
2.) Transport insurance is only taken out upon express request and at the buyer’s expense.
3.) Disposable packaging is charged at cost price and is not taken back. Disposal is the responsibility of the buyer. Reusable packaging (e.g., S.H. crates, mesh boxes, nursery pallets) remains our property and must be returned to us at the buyer’s expense.
4.) Packaging and transport costs as well as handling fees may be charged additionally.
5.) Delivery can only be made by arrangement. The buyer has no entitlement to delivery. If delivery has been agreed, it can only be made via freely accessible roads. Unless other arrangements have been made, the buyer bears the costs of delivery.
6.) In the case of sale on call, we have the right to dispatch or deliver the plants without further notice after November 15 for autumn orders and after April 15 for spring sales.
7.) If no agreements are made regarding the type of transport, the choice is at the seller’s discretion, without assuming responsibility or costs.
8.) Due to the current energy crisis, we reserve the right to make a corresponding adjustment in the event of a fuel price increase of 0.25 cents between the offer date and the delivery date.
§ 5 Delivery Obligations
1.) In the event of special weather conditions, such as drought, frost, or hail, or other unforeseeable and unintentional circumstances such as epidemics, strikes, lockouts, operational disruptions of any kind, war, war-like events, currency changes, or official interventions, the delivery period is extended for the duration of the impediment. If delivery becomes impossible due to the aforementioned circumstances, we are released from the delivery obligation. In these cases, the customer cannot claim damages.
2.) Fixed delivery dates are binding for us upon written confirmation.
3.) We expressly reserve the right to make partial deliveries.
§ 6 Dimensions and Samples
1.) All dimensions are approximate. Minor deviations upward or downward are permissible, provided these deviations are not unreasonable for the buyer.
2.) Samples only show the average quality. Not all plants need to match the sample.
3.) Unless otherwise agreed, the quality, sorting, and bundling conditions of the Association of German Nurseries apply. In special circumstances and for technical work reasons, we reserve the right to deviate from bundling.
§ 7 Retention of Title
1.) We retain ownership of the goods until full payment of all claims against the buyer, including ancillary claims.
The extended retention of title applies.
2.) Our ownership of the goods subject to retention of title is not lost by the customer as buyer heeling in or planting the delivered plants on their own or third-party property until resale. The goods subject to retention of title must be stored, heeled in, or planted separately from other plants and marked in such a way that they are recognizable as coming from us. The customer is obligated to treat the goods subject to retention of title with care free of charge. This includes in particular proper storage, planting, fertilization, and irrigation.
that they are recognizable as coming from us. The customer is obligated to treat the goods subject to retention of title with care free of charge. This includes in particular proper storage, planting, fertilization, and irrigation.
3.) The customer is obligated to notify us immediately of any third-party access to the goods, such as in the case of seizure, as well as any damage or destruction of the goods, stating the name and address of the seizing creditor. The customer must notify us immediately of any change of possession of the goods as well as their own change of residence.
4.) We are entitled to withdraw from the contract and demand return of the goods in the event of the customer’s breach of contract, particularly in the event of default in payment.
5.) If mixing with other goods occurs, we acquire co-ownership of the mixed goods for the duration of the entire retention of title in proportion to the value of the goods delivered by us to the other goods. Resale, pledging, or transfer of ownership as security before settlement of claims is not permitted.
§ 8 Guarantee, Warranty, and Defects
1.) No guarantee is given for the establishment of the plants. If the customer expressly requests a growth guarantee, a separate amount may be charged for this. In principle, a guarantee requires our written consent, in which further provisions are regulated. A guarantee confirmed in the aforementioned form extends for a period of three months from the planting date. A granted growth guarantee presupposes that the customer has provided the plants with the correct treatment for this plant species. This includes in particular the correct treatment and storage until planting, planting depth, fertilization, and irrigation. Cases of force majeure, in particular drought, wetness, frost, pest infestation, etc., are excluded from the guarantee. The growth guarantee is not a guarantee in the legal sense.
2.) A guarantee for varietal authenticity is only assumed upon express request and requires our written confirmation.
3.) We reserve the right to remedy any defects in the goods initially at our choice by subsequent improvement or replacement delivery.
4.) The customer must notify us of defects in the goods in writing. The notice of defects must be received by us within five working days, otherwise the goods are deemed to have been accepted as defect-free. Defects that are only recognizable later must be reported immediately after becoming apparent. The customer bears the full burden of proof for all claim requirements,
in particular for the defect itself, for the time of determination of the defect, and for the timeliness of the notice of defects.
The plants must be properly cared for until the matter is clarified, insofar as this is reasonable.
Chemical or similar plant protection measures to remedy the complained defect may only be carried out with our consent.
5.) If the customer chooses to withdraw from the contract due to a legal or material defect after failed subsequent performance, they are not entitled to claim damages for the defect.
Damages are limited to the difference between the purchase price and the value of the defective item.
6.) The purchase of plant varieties protected by patent and variety rights, as well as those whose names are protected by trademark law, obliges the customer as buyer to resell exclusively with the original labels that were delivered with the plants, not to use the purchased plants or parts thereof for propagation, and to refrain from selling such plants abroad. In cases of resale, the customer as buyer undertakes to impose this measure
on their buyers as well.
§ 9 Limitations of Liability
1.) In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, direct average damage according to the type of goods.
2.) The customer’s claims for damages due to a defect become time-barred one year after delivery of the goods.
3.) Liability on our part for consequential damages and for lost profits of the buyer, as well as any further claims for damages by the buyer, are excluded.
§ 10 Invalidity of Individual Provisions
1.) If a provision of these Terms and Conditions is invalid, it will be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. The invalidity of individual provisions does not affect the overall validity of these Terms and Conditions.
§ 11 Final Provisions
1.) The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
2.) In the event of professional disputes regarding plant quality, delivery dates, packaging, etc., the arbitration court of the association decides for members of the VDF e.V. Disputes of a legal nature are decided by the ordinary court.
3.) The exclusive place of jurisdiction and place of performance for all matters is the supplier’s registered office, unless special arrangements have been agreed in writing for this purpose.
This applies in particular to the dunning procedure.