Terms and conditions, the license certificate

Trading and delivery terms of Wotan Forest a.s. –Nurseries

1. Basic provisions

1.1. Scope of business activities
These trading and delivery terms are valid for the sale of seedlings by Wotan Forest, a.s. with its registered office at Rudolfovská 202/88, České Budějovice 4, 370 01 České Budějovice, Company registration number 26060701 (hereinafter referred to as "the Seller"). Trading and delivery terms are valid for supplying seedlings by Wotan Forest, a.s. to all customers, except for deliveries to customers defined in the provision of Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended.

2. Specification of seedlings

2.1. Technology and shipping terms 
Wotan Forest, a.s. produces seedlings using three cultivation methods:

a) bare-root seedlings grown on flower beds - seedlings are prepared for expedition depending on climatic conditions, usually in March, April, May, exceptionally also in February and in September, October, November, May or December.

(b) covered-root seedlings grownon air cushion in Quick Pot, BCC, Marbet, etc. - seedlings shall be dispatched upon agreement with the customer taking into account the climatic conditions.

(c) covered-root seedlings in containers of 0,5 up to 50 liters - seedlings shall be dispatched upon agreement with the customer taking into account climatic conditions. 

In the event of not appropriate climatic conditions before shipping, the Seller will notify the Buyer in advance of this fact in writing on the shipping documents, no account is taken of the later complaints on the lifetime of delivered seedlings.

2.2. Labeling of seedlings

Seedlings for forestry purposes are in accordance with applicable regulations accompanied by a cover letter, a label or a certificate of seed source. If required by specific Czech laws and regulations, a phytosanitary passport is also included.

2.3. Classification of seedlings

Seedlings are classified in accordance with valid legislation and standards for particular technologies and tree species, and with all tolerances allowed by this legislation. Classification of seedlings are always listed in the price list or offer list. Classification can be done at the customer's request for extra charge.

2.4. Packaging, loading and shipping of seedlings

Bare-root seedlings are packed in 25 or 50 pieces tied up with a string, or more strings according to height of the plants. Tolerance in numbers is + 2 seedlings in one package. Loading takes place:

(a)  directly from the flower beds in nurseries

(b)  from air-conditioned warehouses, base stations or other expedition areas  

Covered-root seedlingscan be covered in a protective foil that prevents drying of the root system. The number of seedlings in one package may vary depending on the type of seeder. The loading is similar to that of the bare-root seedlings. Covered-root seedlings in containers are loaded loosely vertically on the vehicle. 

The loading of the seedlings is included in the total price, unless otherwise agreed in advance.

Unless otherwise agreed in advance, the Buyer arranges spedition of the seedlings, transport directly from the nurseries is not included in the total price.

In the event of spedition of the seedlings in inappropriate vehicle, uncovered, in large layers, under unsuitable climatic conditions, the Buyer is fully responsible for the picked up seedlings and any damage that may occurs consequently.

In the event of spedition of the seedlings provided by Wotan Forest, a.s. in its vehicle or hiring transportation services from a carrier, loading of the seedlings is organized and paid by the Buyer.

Wotan Forest, a.s. does not provide mail order sales of seedlings. 

3. Orders and agreements

3.1. Receiving orders

The Seller accepts orders in writing. Orders are sent to the supplying nurseries or company headquarters. A list of nurseries is here https://www.wotanforest.cz/en/forest-nurseries/ 

The Buyer will send a written order or request for the required seedlings well in advance of the scheduled delivery date. If the order is delivered late, it may not be completed within the required deadline. By posting the order, the Buyer confirms that he has duly acquainted with the trading and delivery terms that are published here https://www.wotanforest.cz/en/terms-and-conditions-the-license-certificate/ .

3.2. Order details

The order must include:

- business name, registered office, Company registration number and Tax ID

- Specification of the order / demand, ie type of wood, height, quantity of seedlings and cultivation technology

- tree species intended for forestry purposes will also include the forest area (FA) and the forest vegetation level (FVL) for which the seedlings are suitable

- required delivery date

- method of payment

- the name of the authorized representative to sign the order, his signature and the date of the order 

3.3. Confirmation of orders

The order is confirmed by the signature of the authorized person / the Seller and his delivery / return to the Buyer. 

3.4. Cancellation of the order

Cancellations of orders without reimbursement of costs incurred are only possible for serious reasons, by mutual agreement between the Seller and the Buyer, only if the seedlings have not yet been prepared for dispatch. A purchase of seedlings from another supplier is not considered to be a serious reason.

 

The company Wotan Forest. a.s, reserves the possibility of configuring the seedlings (eg, bare-root seedlings for covered-root seedlings or change the ordered size) for applicable reasons (human error, inaccuracies in inventories). The refund will always be discussed with the Buyer in advance. 

If the order is canceled by Wotan Forest, a.s due to force majeure (climatic effects, theft, damage caused by animals), the Buyer will be notified of this immediately.

3.5. Purchase contract

If the price of the ordered seedlings exceeds 50 000 CZK, or if the purchase contract requires the Buyer, the Seller shall issue a draft purchase contract to the Buyer on the basis of the order. The Agreement shall enter into force by signing of the authorized representatives of both Contracting Parties.

4. Price of the seedlings and the method of payment

4.1. Prices of the seedlings

The seedlings are charged in Czech crowns or in euros according to valid price lists or by agreement. The prices in the price list are listed without VAT while picking up the seedlings from the nursery. Price lists for each nursery of Wotan Forest, a.s. may vary.

Wotan Forest. a.s can provide a discount on the cost of the seedlings depending on the size of the delivery and the time of cooperation. Discount is not claimed and will not be provided on a flat rate basis.

4.2. Payment of the harvested seedlings

The purchase price of the seedlings is paid:

- at the place of payment in cash or

- before dispatch of the seedlings by transfer to the account on the basis of the pro forma invoice or

- after dispatch of the seedlings by transfer to the account on the basis of the issued invoice

The purchase price of the seedlings includes only the basic packaging material (strings, foil), other shipping packages (pallets, boxes, etc.) are not included in the price of the seedlings and the Buyer pays for them separately.

The invoice maturity is 14 days from the date of issued invoice unless otherwise agreed in writing. In the event of Buyer's delay in payment of the purchase price, the Seller is entitled to stop the remaining supplies of seedlings without being in default of fulfilling his contractual obligations. Other planting material may be delivered to the Buyer only after all obligations have been paid to the Seller. The Seller is entitled to claim the full price of the seedlings in advance or at the latest upon picking up date.

In the event of Buyer's delay in payment of the purchase price, the Seller is entitled to charge interest on late payment of 0.05% of the outstanding amount for each day of delay.

5. Picking up the seedlings

5.1. Picking up date

If the picking up date is not clearly stated in the confirmed order, purchase contract, the Buyer will be notified of the picking up date at least 3 days in advance.

The proper time of the picking up date must be agreed with the nursery manager.

 

The Buyer is obliged to pick up the seedlings at the agreed date. If the Seller fails to do so and does not arrange another date with the Seller, the Seller is entitled to freely manipulate with the seedlings (eg, to deliver the seedlings to other customers).

If a person, such as a carrier, takes over the planting material from the Buyer, he / she must prove his / her power of attorney to pick up the seedlings. The purchase of the seedlings will be made by the Buyer or another person specified on the delivery note, indicating the name of the person.

5.2. Handling the seedlings

The buyer is aware that the seedlings represent living material and must be treated with professional care.

5.3. Risk of damage to the goods

The risk of damage to the supplied seedlings is transferred to the Buyer at the moment of its loading into the vehicle (even contractual) in case of Buyer´s own transport and at the time of uploading when transport is provided by Wotan Forest, a.s.

6. Picking up the seedlings

6.1. Picking up date

At the picking up date the Buyer is obligated to carefully check the seedlings and documentation. If the seedlings or documentation has obvious defects, the Buyer shall promptly request remedy from the Seller, preferably in writing.

7. Complaints

7.1. Claims using a warranty

Wotan Forest, a.s. guarantees the quality of the supplied seedlings in accordance with Czech legislation and standards with the tolerance contained in these regulations.

The Seller is not responsible for the results of the further cultivation of the supplied seedlings.

The Seller is not liable for claims relating to non-delivery of the seedlings due to force majeure.

Complaints of the listed obvious defects are accepted within 14 days of the picking up the seedlings - non-compliance with standards, lower numbers of the seedlings than have been declared.

In the event of legitimacy the seedlings to be reclaimed will be physically replaced or delivered at the earliest date, subject to the agreement of both contracting parties.

The Buyer has to prove his claim (best with photo documentation) and the Seller is asked to comment the situation.

We also accept claims within 2 months after picking up the seedlings. In case of hidden defects that occur after planting the seedlings. It also applies to the situation when the seedlings have not depleted, only in a small amount.

The seedlings picked up in October, November or December the Seller accepts a claim for their lifetime until 30 April of the year that follows.

Natural plant deaths up to 10% of individual deliveries in the first year after planting the seedlings can not be considered a reason for complaint. Natural mortality of plants grows proportionately in the eighth level of the growing forest area.

In the case of a lifetime claim, the Buyer shall provide proof of when and how the seedlings have been stored, when and where they have been planted, and provide professional care of the seedlings after the picking up date from the Seller. Legitimate complaints will be resolved by replacement of supplied seedlings as soon as possible upon the agreement of both contracting parties.

The above mentioned warranty do not apply to cases where plant damage is caused by an unintentional intervention by the Buyer or a third party, by the action of animals (eg rodents, insects, wild animals, etc.), by natural disasters, force majeure and plant diseases and pests whose incubation time is shorter than the period which elapsed between the purchase date of the seedlings and the damage caused by diseases or pests.

The seedlings for which no claim can be made shall be deemed to have died or suffered as a result of imperfect care, such as improper or late harvesting, application of chemical substances, failure to carry out the usual protective measures, planting in unsuitable places, third party damage, theft, etc.

All complaints must be done in writing, one copy shall be sent to the company's headquarters and one copy to the nursery.

Wotan Forest a.s, is obliged to deal with complaints as soon as the company receives a written claim.

The Buyer is obliged to provide all the necessary cooperation when dealing with the Seller's claim. Late, inaccurate and unjustified complaints will be disregarded. 

8. Final provisions

Legal relations not specified by a purchase contract or a confirmed order shall be governed by Act No. 89/2012 Coll., The Civil Code, as amended.

9. Validity

These terms and conditions are valid and effective from 15 December 2017. Changes to these terms and conditions are only possible in writing and published on the website www.wotanforest.cz.