These general terms apply to all offers, sales, deliveries, royalties, boxes, shipping, and any other cost and agreements made by Fleurizon LLC (the seller) regarding plants and cultivation material of plant products and plant material. Any terms revised or added of any kind by any representative will not be honored unless expressly agreed upon in writing. Provisions must be agreed expressly and specifically in writing and do not replace the provisions of the general terms. All seller confirmations (Acknowledgements) become the buyer’s respon- sibility should any errors of quantity, product, pricing or shipping date occur. Orders for plants and/or cultivation material that is not in stock at the time of scheduled shipment date may be delayed by, at seller’s option. Partial or complete failure of the cultivation or harvest of starter material or partial deterioration during storage for any reason will release the seller from the obligation to deliver and all other obligations.

The seller is also entitled to attempt to replace damaged material at the same terms agreed upon if a damage report is submitted in writing, accompanied by pictures, by the buyer within 3 days of delivery arrival, and the report is approved by the seller.

All offers are non-binding unless otherwise agreed upon in writing. Any and all offers will be valid for 30 days. All Acknowledgments supersede any previous made offers by any means. If an agreement is entered into through the intervention of agents, repre- sentatives and/or other brokers, all parties will be bound to the seller once accepted in writing by the seller. Prices are exclusive of transport charges, packaging costs, boxing charg- es, FedEX/UPS/Ontrac/USPS or any other shipping (agent) charg- es, phytosanitary inspections, import duties, clearance fees, inter- national fees, government and all other official levies and fees under growers rights and any other fees unless agreed upon in writing.

Purchaser must have written approval from the seller to cancel orders. All terms and conditions of Fleurizon and/or its producers/vendors apply. All pricing is in US Dollars or Euro unless otherwise stated. All prices are subject to change by the seller without prior notice to the buyer. The seller will determine the delivery date. If the seller cannot deliver on the agreed date or within the agreed period, he will inform the buyer as quickly as possible.

After discussion with the buyer, the seller will determine the delivery date. If the buyer accepts delivery or wishes to receive delivery after the agreed delivery date, then the buyer assumes all risk and any/all loss of quality from longer storage. Every Order seller books will be confirmed to the buyer. The buyer can cancel up to 4 weeks before shipping for unrooted material. Depending on product line rooted material can only be cancelled 4 weeks before rooting started. Tissue Culture material can never be can- celled. So-called (unrooted or rooted cutting) programs can never be cancelled. Seller refers to the legal entity engaged in delivering products as indicat- ed and concluding transactions regarding such products in the broadest sense including the purchase and sale of products or plants.

Buyer refers to the natural or legal person/entity with whom the seller enters into any agreement regarding all products or plants. The seller does not in anyway guarantee the genuineness of the products that are generally known to sporting back. The seller does not guarantee the growth and blossoming of the products delivered. The seller will provide to the best of the seller’s knowledge and abilities requested cultivation information by the buyer, without any liability on the part of the seller.

Complaints regarding visible and non-visible defects, including but not limited to the quantity, size or weight of the products delivered must be expressed in writing with pictures to the seller with in 3 days after delivery. A complaint must at least include: An extensive and precise description of the defect; The storage location of the cultivation material to which the complaint refers; A listing of the facts on the basis of which it can be deter- mined that the products delivered by the seller and those rejected by the buyer are the same. Issuing a complaint does not suspend the buyer’s obligation to pay, re- gardless of any justification of a complaint. Seller is not responsible for loss of cuttings for whatever the reason due to product perishability. Seller is not responsible for delay of arrival of delivery due to variation of transport agents. Act of God refers to any circumstance outside the direct sphere of influ- ence of the seller in which fulfillment of the agreement can no long- er reasonably be expected. This may include strikes, fire, extreme weather conditions or governmental measures.

The seller has any and all rights to adjust invoices and make a new in- voice. If the seller cannot carry out the delivery due to an act of God, the seller must inform the buyer of the circumstances as soon as possible. In the event of an act of God, the parties will agree to a provision of the purchase agreement or complete or partial dissolution of the pur- chase agreement. The seller is not responsible for consequential damages of disease and plagues, or faults in the material supplied to the seller.

 

Payment must occur within thirty days after the invoice date. The buyer is not entitled to reduce the purchase price he is to pay by any counter-claim he may make. All payment terms are 30 days net unless otherwise agreed upon by seller.

After 30 days the seller has the right to charge 2% per month (24% annual) finance charges. In case of collection the buyer will be responsible for payment of any and all attorney fees and/ or collection agency fees should the situation occur. The buyer will be a credit applicant whether the applicant be an individ- ual, individuals, a proprietorship, a partnership, a corporation, or other entity, the undersigned guarantor or guarantors each here- by contract and agree to pay all collection costs, attorney fees and other expenses required to collect funds due and owing from any credit extended. Except for the reasons or terms listed above, ownership of the prod- ucts and/or plants are transferred to the buyer at the time of delivery under these general terms.

The seller will retain ownership of the products and/or plants delivered and will retain or acquire ownership of the products and or plants arising from them until agreed price and invoice has been paid in full by the buyer and the buyer has completely fulfilled all his other obligations to the seller on any grounds If there is any doubt in the mind of the seller regarding the ability of the buyer to pay, the seller will be entitled to delay performances until the seller has a guarantee of payment or to terminate the agreement by cancellation. In all cases the buyer will be liable for any and all expenses incurred by the seller. All liability regarding non-timely delivery is hereby excluded.

The seller is not liable for damage caused by USDA, an act of God, or pandemic, as indicated in the above article. Compensation by the seller of any damage incurred by the buyer in the event of a complaint submitted article submitted will not be high- er than the invoice value of the products delivered. Seller will never be involved in root-by contract–rooting stations are always buying our unrooted product and reselling back to Fleurizon when product is ready. Damage compensation may not be deducted by the buyer from any outstanding account payable to the seller and does not entitle the buyer not to pay the invoice amount or not to do so by the in- voice payment date.

Starting material and plant material, protected by a plants breeders growers’ right or patents applied for or granted in any country may not be: Used to produce or further reproduce the species, Treated for the purpose of reproduction, Brought into the realm of commerce, Traded, Exported, imported, or kept in stock for one of these purposes. The buyer is obliged to provide immediate access to his business and its crops for inspection by authorities carrying out inspections on behalf of the owner of a protected species delivered to him. The buyer must also provide access to his records, eg., invoices, that If the are relevant to such inspection. buyer is aware that the finder of a mutant, being derived product, in the protected species, requires the permission of the holder(s) of the plant breeders right or patent regarding the ‘parent spe- cies’ to exploit the mutant. The buyer is obliged to provide all cooperation desired by the seller, including cooperating in collecting evidence, in the event that the seller becomes involved in proceedings regarding growers’ right or other industrial property rights.

This is also true for all or any trademarks and / or copyrights. California Law of Ventura County, USA, or the law from the state and / or country of buyer (all as per seller choice) is what applies to all agreements to which these general terms apply in whole or in part. All disputes (even those deemed as such by only one party) regarding or arising from the agreements. Concluded between the seller and a buyer is established that any- where to which these General Terms apply may be settled and is the right of the seller to choose the court of California, Ventura County to which the seller is established, or the seller can choose the state or country where the buyer is established. Total liability of seller is limited by the above and always limited entirely to only the price of the product sold. No further damages are ever the responsibility of the seller.

 

 st Camarillo, June 1 , 2023 Fleurizon LLC ® Anything in this catalog is Copyright protected Fleurizon LLC © Many plants in this catalog are protected by patents and/or PBR. Propaga- tion without a license is prohibited. Some plants are only available after January 2021 and commercial activity will only start on that moment.