General Sales Conditions

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1º.- Application of the General Sales Conditions.

The present general sales conditions shall apply to any sale or delivery agreement between the parties, unless they have agreed otherwise in writing. These General Sales Conditions shall be addressed or sent to each purchaser to process its order. The fact of placing an order implies the acceptance of these General Sales Conditions. The cancellation or invalidity of one or more provisions of this agreement does not affect the validity of the remaining ones. The parties’ connection to these Terms shall be effective upon confirmation by the seller of the order placed by the purchaser.

The term “goods” shall refer to the genetic material of horticultural and floral varieties of seeds, as well as to treated seeds, plants and parts of the plant.

2.- Details of the Purchaser and order delivery.

It shall be essential that clients indicate their full address, address for receiving the goods and invoicing, if it were different. In the absence of such data or indications, ZAYIN TECHNOLOGY, SL shall act as it deems more appropriate for his client. No responsibility shall be derived from this act for seller party.

The purchasers must examine at the time of receipt the shipping contents, showing their conformity to them by signing the delivery note. The goods shall travel, in any case, at the expense and risk of the purchaser. Therefore, ZAYIN TECHNOLOGY, SL shall not be responsible for any damage, loss or delay or other contingency attributable to the carrier, although it has been chosen by the Seller. Thus, it shall be the Purchasers who formulate the appropriate claims to the carrier prior to the acceptance of the goods, or accept them with the necessary reservations, checking that they arrive in perfect condition, and that the trademark seals remain intact. Without prejudice to any action to be exercised by the Purchaser against the carrier, the claims to be made against the Seller regarding the external appearance shall be made at the time of the goods delivery and, should they refer to its germination capacity and specific purity they shall be made within 20 days following the receipt of the goods.

3.- Price and payment.

The price of the products shall be that specified in the price list in force at the time of the order acceptance by ZAYIN TECHNOLOGY, S.L. Nevertheless, ZAYIN TECHNOLOGY, S.L. reserves the right to change prices without prior notice. Each new price shall replace the previous one related to orders placed after such modification. The prices indicated on the current rates shall be considered in cash and shall not include VAT.

The payment must be made effective on the date indicated in the invoice. Payments made after the agreed due date shall accrue a 1.50% interest rate of per month on the due amount in favour of ZAYIN TECHNOLOGY, SL. The banking and financial expenses occurring due to such delay shall also be borne by the Client. In the event of suspicion of unwillingness of payment or in the event of liquidation, bankruptcy or insolvency proceedings by the purchaser, ZAYIN TECHNOLOGY, SL may interrupt or suspend the issue or delivery of pending or in-progress orders, or any agreement with the purchaser, as well as claim at the Courts or Tribunals of competent jurisdiction the payment of the amounts corresponding to past orders, both due or overdue and unmatured.

The claim or claims made by the Purchaser shall not be, in any case, a ground of justification for the delay or denial of payment to ZAYIN TECHNOLOGY, SL.

4.- Trademarks.

The names, trademarks, symbols or logos belonging to our company can not be used outside the media used by our company (packaging, brochures, advertising material ...) without prior consent from ZAYIN TECHNOLOGY, SL. Any fraudulent use shall be punished according to law.

5.- Reconditioning by the purchaser.

Our products must be sold in its original packaging. Any reconditioning of our seeds by the purchaser implies the cancellation of our guarantee. In this case, the reconditioner shall be responsible for providing its own warranty, since Zayin Technology disclaims any responsibility in case of such action.

Moreover, in case of reconditioning, it shall apply the full prohibition of use of trade marks referred to in the preceding paragraph.

6.- Plant Breeder’s Rights.

The reproduction and/or use of the protected varieties or trademarks, or any intellectual property right, shall be strictly prohibited without the express written consent of the breeder and/or the owner.

Otherwise, the client shall be subject to prosecution.

7. Label change.

Any modification of origin labeling entails the responsibility of the author on the amendment and exempt Zayin Technology from its responsibility on the products concerned.

8.- Prohibition of multiplication.

The purchaser is not allowed to use the delivered seeds in order to produce seeds by any means of multiplication.

9.- Reservation of property.

The seller reserves the property of the goods delivered until full payment the stipulated price. In this respect, it is specified that it shall not be considered as payment the delivery of a bill of exchange or other evidence that creates a payment obligation.

The purchaser may, under its regular business exploitation, resell the delivered goods, but can not transfer its ownership nor pledge them as security. In the event of resale, it shall thus transfer to the seller all the credits acquired from the resale to a third party. The authorization to resell shall automatically be removed in the case of suspension of payments. In case of seizure or intervention by a third party, the purchaser must inform the seller immediately.

Despite this reservation-of-proprietary clause, the purchaser shall be responsible for the risks in case of loss or destruction from the time of delivery of the goods. It shall also be responsible for the insurance.

The property of the goods sold under the terms of the present agreement guarantees all the credits of the seller against the purchaser, whether present or future.

10.- Warranties.

The photographs, descriptions and usage tips appearing in the catalogs and documents shall be provided only for information purposes and shall not be contractual under any circumstances.

The seller guarantees the purchaser the delivery of real, healthy and commercial-quality goods, in accordance with the state of the technical knowledge during the production period.

The results obtained by our professional farmer clients depend on a great number of factors, not just on the variety and seed quality but also on different factors difficult or impossible to assess or predict and which may vary according to the region, the environment, the agronomic and weather conditions, the development of technical knowledge, the techniques and the farming operations.

Therefore, the advice, tips, and the precocity and vegetation cycles shall be provided only for information purposes and shall not be contractual nor entail guarantee of crop.

Given the nature of the products sold, the liability of the seller shall not exceed the total amount of the delivery of the involved item, including the reasonable expenses resulting from the return of the goods, in case of recognized and proven mistakes especially regarding to the authenticity, varietal purity, analytical purity, germination capacity or resistance to strains or races of parasites currently unknown.

11.- Force majeure.

Orders will be executed except in cases of force majeure. It shall be considered as force majeure the following non-exhaustive examples: acts of war, strikes, accidents and fires in any company involved in the production and distribution of seeds, atmospheric disturbances and crop accidents that entails modifications in the quantity and quality of the products sold and, in general, any cause that the seller can not control.

12.- Exemption from liability regarding genetically modified organisms (GMO).

The seeds of the varieties supplied to the client are derived from non-genetically-modified parental lines. The methods used to develop and maintain these varieties were focused on the prevention and reduction of the percentage of off-type plants including any presence of genetically modified organisms (GMOs). The seeds production has been performed in accordance with the current legislation of the country where the production has been carried out, including the prescribed isolation distances. However, it is not possible to prevent the free movement of pollen in outdoor crops. Due to the impossibility to discard the existence of GM crops by third parties in the areas of seed production, it is impossible to entirely avoid the incidental presence of GM material and to ensure that the seeds consignments composing the delivery are free from all kinds of spores belonging to GM plants.

13.- Applicable Law.

The present agreement shall be governed by the law of the Seller’s country.

14.- Arbitration.

In the absence of amicable agreement, the disputes arising from the present agreement shall be settled through arbitration Law, pursuant to the Rules of Conciliation and Arbitration of the International Chamber of Commerce, and shall be held in Almeria, at the headquarters of the Chamber o Commerce of the said city. The applicable law shall be the Spanish one, as well as the language of arbitration, which shall be Spanish. There shall be three arbitrators. Each party shall appoint one arbitrator and the so appointed shall elect a third one, who shall be the President. A single arbitrator may be appointed should the parties agree on the person to be appointed. The time period to make the award shall be three months from the acceptance of the last arbitrator. The parties involved express their willingness to submit to the arbitral decision which they henceforth agree to abide by and comply. The parties hereby expressly waive their respective jurisdiction and any other jurisdiction that may apply in order to give effect to the arbitration provided under this provision. Nevertheless, and whenever necessary, the parties expressly submit to the jurisdiction of the Courts and Tribunals of the city of Almeria.

15.- Data Protection.

In compliance with the Organic Law 15/1999 of December 13 on Personal Data Protection, the personal data provided by the Purchaser shall be included in the Clients file of ZAYIN TECHNOLOGY, SL, whose purposes shall be the maintenance of the contractual relationship, the control and management of sales and the corresponding collections. These data shall be treated in the strictest confidentiality by ZAYIN TECHNOLOGY, S.L., who agrees not to use them for a purpose different from that for which they were collected, as well as to preserve them with the necessary measures to ensure their security and prevent its alteration, loss, treatment or not- authorized access. ZAYIN TECHNOLOGY, S.L. undertakes to maintain professional secrecy of the aforementioned personal data, even after the completion of the contractual relationship.

The Purchaser may exercise the rights of access, rectification, cancellation and opposition to their personal data by written communication to ZAYIN TECHNOLOGY S.L., domiciled at the Campus of the University of Almería, Building of the Science and Technology Park - PITA, Office 5, Post code 04120, La Cañada de San Urbano, Almería (Spain).

Consulting, new varieties, seed multiplication, breeding services, genetic counseling, development of varieties, germplasm collection, seed Ecommerce, characterization of varieties of plant genetics laboratory, analysis of varietal purity, molecular markers, tomato seeds, pepper seeds, eggplant seeds, cucumber seeds.