Trade terms

Sales and terms of delivery

• Quotations are made for major orders, please inquire
• All seeds will be delivered as clean, dry seeds unless otherwise agreed
• All seeds are available as finished pre-treated seeds ready for sowing, see pre-treatment list
• Minimum sale: 100 g per batch
• The price will increase by 20 % for batches of less than ½ kg
• The price will increase by 10 % for deliveries of less than 100 kg Quercus sp. or 10 kg Fagus sp.
• Orders of less than DKK 1,000.00 excluding VAT will incur a handling charge of DKK 100 

For Dalgas (hereafter called the seller):

1. Terms of sale

The present terms of sale apply for any trade between customer and seller, also in cases of offers etc. not referring to the present terms of sale. Deviations from the present terms of sale apply only, if, in writing, the paragraphs are mentioned, where deviations apply, and the seller, in writing, has accepted the deviation

2. Offer

The seller is entitled without any notice to amend the prices stated in catalogues, price lists etc. Stated prices are in DKK (Danish Kroner) excl. VAT, customs duty and other charges, packing, any handling charges or remaining charges imposed by the seller, if otherwise not mentioned. The packing is made by the seller at the buyer’s expenses. All orders are imposed a handling charge set by the seller. Any charges and amounts will be informed by the seller on request.

The offers of the seller are all subject to confirmation. 
The order of the customer is binding for the customer. 
The offer is not binding for the seller, until the customer has received order confirmation. 

3. Delivery and delay

The terms of delivery are ex seller’s warehouse / nursery. If the way of delivery is not agreed upon, the seller will arrange dispatch at the customer’s expenses. The dispatches are insured only on the customer’s written request and at his expenses.

The time of delivery stated by the seller is guiding only.

The time of delivery stated by the customer is binding for the seller only, if, in writing, accepted by the seller at the entering of the contract.

In case of delay complaint must be made in writing no later than 2 days after the deadline for delivery, otherwise the customer will lose all claims due to delay. Delay does not entitle the customer to claim compensation for the customer’s potential loss of profit. Compensation due to delay cannot exceed the invoice price of the delayed goods excl. VAT, charges, freight etc. The seller is free from responsibility, if the delay / the missing delivery is due to force majeure, or if the missing fulfilment is caused by cultures of interior quality. 

4. Guarantee, certificate of origin and short deliveries

The company does not render any guarantee. Guarantee for growth / germination and brand is not rendered. All seeds subject to control by “the state’s origin control on seeds and plants” are delivered with authorised certificate of origin. For purchase of less than 1,000 DKK each consignment a handling charge set by the seller is charged. The amount of the charge will be informed by the seller on request.

Faulty deliveries do not entitle the customer to claim compensation for any loss of profit. The claim of the customer due to faulty delivery cannot exceed the invoiced amount excl. VAT, charges, freight etc.

The customer has a duty to control the goods upon receipt. Complaints on faulty deliveries, which should have been discovered at control, must be received within 3 days. For remaining faulty deliveries the time allowed for claims is 6 months. All claims will cease after that time. At disputes on faulty deliveries including potential amount of the claim legal action must be taken within 2 years from receipt of the goods, otherwise the claim expires.

5. Payment

Payment must be made within 14 days from the day of invoice. In case of delayed payment an interest of 1.5% each month for non-consumer purchase will be charged.

The seller is entitled, at ordering and until delivery has taken place, to demand satisfactory guarantee for punctual payment.

In case of non-punctual payment the seller is entitled, without notice, to turn over the claim to a debt-collecting firm. The customer is liable to pay the collection charges set by the lawyer, and the amount can exceed the amount stated in “Bekendtgørelse om udenretlig inddrivelsesomkostninger i anledning af forsinket betaling” (Statement on collection charges due to delayed payment out-of-court settlement). 

6. Product liability

The seller’s product liability is regulated in “Lov om produktansvar” (Law on product liability). The seller cannot on other basis be imposed product liability

7. Board of appeal, choice of law, venue

In case of dispute the seller can demand that the dispute be brought for the Skovplanteringens Ankenævn (ERFA group's appeals board), before the case can be brought for the ordinary court. The decision by the venue is not binding.

All disputes will be settled according to Danish court at the court in Viborg, alternatively Vestre Landsret (Western Division of the High Court). 

8. For further conditions