Important Plant Protection and Licensing Information
Plant Protection
Selecta One varieties are covered by the Flowering Only Terms and Conditions of Sale Agreement. Many are also protected by U.S. Patents and/or Plant Breeders’ Rights in Canada and elsewhere.
Flowering Only Terms & Conditions
Plants shall be sold only as “Finished Plants”, defined as plants grown in a 3-in. (7.5cm) size pot/container or larger. Propagation and/or taking tip cuttings as well as the unlicensed sale and transfer of rooted or unrooted cuttings to any other company or individual, is strictly prohibited. By accepting an order and/or opening a box of Selecta One plants, you signify agreement with these Flowering Only Terms & Conditions of Sale. Flowering Only Terms & Conditions information is also available through Royalty Administration International (RAI). RAI has been appointed as our agent in the U.S. for the protection of Selecta One varieties. RAI reserves the right to inspect premises and plantings at any reasonable time to ensure compliance with the terms and conditions stated herein.
Propagation License Agreement
Only Selecta One Geranium, New Guinea Impatiens, Osteospermum, Sutera and Poinsettia varieties are available for licensed propagation and only for the purpose of producing and selling “Finished” plants (defined above). Propagation is strictly prohibited without a license. To obtain a Propagation license, please contact RAI U.S. at (800) 472-4724. This royalty bearing license must be signed and returned to RAI in order to receive cuttings and maintain stock plants. Canada Growers, please contact Ball Licensing Administration at (630) 588-3111 or (630) 588-3311.
ROYALTY Administration International.
10501 Ben C. Pratt / Six Mile Cypress Parkway,
Suite #103,
Fort Myers,
FL 33966
Phone: (800) 472-4724 / (239) 278-9917;
Fax: (239) 278-4833
Email: info@rai-na.com
RAI has been appointed as our agent in the U.S. for the protection of Selecta varieties. RAI reserves the right to inspect premises and plantings at any reasonable time to ensure compliance with the terms of the agreements listed above.
Selecta Image, Tag and Trademark Policy
All images featuring Selecta products are to be used for promotional materials, including but not limited to point - of - purchase items, tags, advertising, catalogs, fliers, websites, etc. They may not be used without permission from Selecta or Ball.
All images loaned by Selecta are copyrighted and are the property of Selecta Klemm GmbH & Co. KG and its subsidiaries. They are loaned to customers for promotional use only. Images may not be sub - licensed or resold. Any unauthorized use is strictly prohibited. All loaned images must be used in connection with the proper trademarks. The correct commercial name and variety name must be listed on all images used in connection with any reproduction.
All tags used for Selecta products must be supplied or approved by Selecta or Ball. Tags must include the full commercial name of the product, proper trademark (™ or ®) as applicable, variety name, patent information as applicable, the term “Propagation is Prohibited” or “Propagation Prohibited” and Selecta - approved images. All custom tag layouts and orders must be approved prior to production / reproduction.
TERMS & CONDITIONS OF SALE
Note: Ball Terms & Conditions of Sale are country/region specific. The following Terms & Conditions of Sale apply to product sold within the United States and Canada.
Acceptance of Terms
These terms and conditions shall govern orders for plants (merchandise) placed with Seller. All negotiations with sales representatives or other agents of Seller are merged herein. No modification of these terms and conditions shall be effective unless in writing signed by Seller. Placement of the order shall constitute Purchaser’s acceptance of these terms and conditions. All orders are subject to acceptance by Seller at our offices in West Chicago, Illinois.
Limitation of Warranty
Seller warrants, to the extent required by law, that merchandise conforms to the description appearing in Seller’s catalog and on container labels, within recognized tolerances. SELLER MAKES NO OTHER OR FURTHER WARRANTY, EXPRESS OR IMPLIED. ALL OTHER OR FURTHER WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. Certain merchandise may be separately warranted by the manufacturer. Seller does not adopt or ratify any manufacturer warranties, express or implied, and Seller shall have no liability thereunder. Seller does not adopt or ratify any manufacturer warranties, express or implied, made by Purchaser upon resale of the merchandise, and Seller shall have no liability thereunder.
Limitation of Remedy
PURCHASER’S SOLE AND EXCLUSIVE REMEDY SHALL BE REFUND OF THE PURCHASE PRICE. SELLER’S LIABILITY, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
Mandatory Arbitration
ANY CLAIM WHICH PURCHASER MAY HAVE AGAINST SELLER ARISING OUT OF OR RELATING TO THE SALE OF THE MERCHANDISE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, SAID ARBITRATION TO BE VENUED IN COOK OR DUPAGE COUNTIES, ILLINOIS. The laws of several states require arbitration, conciliation or mediation of disputes involving allegedly defective plants before legal action may be taken. Purchaser should contact the State Department Of Agriculture for information. Such laws typically require that a complaint be filed with the State Department Of Agriculture in time to permit inspection of the crops or plants. If such a complaint is filed, a copy must be sent to Seller by registered or certified mail.
Governing Law, Jurisdiction & Venue
The laws of the State of Illinois, including but not limited to the Uniform Commercial Code as adopted therein, shall govern all matters arising out of or relating to Seller’s sale of merchandise. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND ANY ACTION TO ENFORCE AN ARBITRATION AWARD ARISING OUT OF OR RELATING TO THE SALE OF MERCHANDISE HEREUNDER SHALL BE MAINTAINED IN THE STATE OR FEDERAL COURTS LOCATED IN DUPAGE OR COOK COUNTIES, ILLINOIS, AND PURCHASER SUBMITS TO THE JURISDICTION OF AND VENUE IN SAID COURTS.
Indemnity
By accepting merchandise, Purchaser agrees to defend Seller, to hold it harmless and indemnify it from and against any claim or loss asserted by any or all transferees of such merchandise or users of the products of such merchandise who are not notified by Purchaser in writing of Limitation of Warranty, Limitation of Remedy, Mandatory Arbitration, Governing Law Jurisdiction and Venue, and Notice Regarding Seed-Borne Diseases in language substantially equivalent to that contained in these Terms and Conditions of Sale.
Minimum Orders
The minimum quantity for each order is 500 unrooted cuttings. Total orders less than 2,000 unrooted cuttings will be subject to a minimum charge of $30.
Prices
All prices are subject to change without notice. The price in effect at time of shipment will prevail. Prices do not include installation; Seller takes no responsibility, and shall have no liability for installation.
Payment
Payment is due in accordance with terms specified on invoice. Payment is due in invoiced currency and in accordance with the terms specified on invoice. In the event of default in the payment of any amount when due, and in addition to all other rights and remedies available to Seller, SELLER SHALL BE ENTITLED TO COLLECT A LATE CHARGE OF 2% PER MONTH (24% PER YEAR) OR THE MAXIMUM RATE ALLOWED BY LAW, WHICHEVER IS LESS, ON ALL AMOUNTS PAST DUE FROM THE DATE DUE UNTIL THE DATE PAID. A FEE OF $25.00 WILL BE CHARGED FOR ANY RETURNED CHECK, DECLINED EFT TRANSACTION OR DECLINED BANKCARD TRANSACTION.
If paying by Pre-Authorized Debit (PAD), or EFT, please note you have waived your right to receive pre-notification of the amount of the PAD and agreed that you do not require advance notice of the amount of PADs before the debit is processed.
Freight & Handling Charges, Inspection, Damaged Goods
The freight and handling charge on Purchaser’s invoice covers shipment of the merchandise to Purchaser’s destination, and replacement or credit for damaged merchandise if the steps listed here are followed. PURCHASER WILL NOT REFUSE OR RETURN GOODS, OR THE RIGHT TO FILE A CLAIM IS LOST AND PURCHASER WILL STILL BE LIABLE FOR THE MATERIAL AND THE FREIGHT. When Purchaser receives shipment: 1) Count all cartons. 2) Inspect all cartons for external damage. 3) Check for open or resealed cartons. 4) Note any damages, shortages, open or resealed cartons on the delivery receipt; the carrier’s representative must also sign the receipt. 5) Open all boxes immediately and inspect for damage such as scorched, frozen or broken plants; material shortages; etc. NOTIFY SELLER IMMEDIATELY IF A SHIPMENT IS DAMAGED. Call the Ball Traffic Department at 800 879-BALL to report the damage and receive details on what is needed to file a claim.
Cancellation Policy
Cancellations for unrooted cuttings must be received at least 30 days prior to scheduled ship date. Cancellations for liners or seed-raised plugs must be received prior to stick or sow date.
Notice & Return
No returns will be accepted. Seller shall have no liability for any defect unless notice is given promptly, not to exceed five (5) days after receipt of delivery of merchandise. Notice of defect should be addressed to Ball at 800 879-BALL.
Delays, Shortages & Substitutions
Seller shall not be responsible for delays in delivery or for losses resulting from such delays. Seller reserves the right to make partial shipment. In the event of shortages, Seller may substitute such other, similar merchandise as is available.
Plant Protection
Varieties described herein may be covered by the Flowering-Only Terms and Conditions of Sale Agreement, United States Plant Patents, United States Plant Variety Protection, Utility Patents, and Plant Breeders' Rights. These varieties may not be reproduced without authorization. The breeder or authorized representative has the right to inspect Purchasers' nurseries during normal business hours to assess compliance with the restrictions on use of protected varieties.
Trademarks
® denotes a U.S. registered trademark and ™ denotes a trademark of Ball Horticultural Company, unless otherwise indicated.
Sales Limitations
EXPORT CONTROL:
U.S., EU, OR U.N. SANCTIONS PROGRAMS:
THE BUYER IS PROHIBITED TO SELL, DIVERT, TRANSFER, TRANSACT, OR RE-EXPORT, DIRECTLY OR INDIRECTLY, TO ANY INDIVIDUAL, ENTITY, OR DESTINATION SUBJECT TO U.S., EU, AND U.N. SANCTIONS PROGRAMS (I.E., NORTH KOREA, IRAN, CUBA, SYRIA, AND CRIMEA REGION OF UKRAINE). THIS INCLUDES, BUT IS NOT LIMITED TO, THE UNITED STATES DEPARTMENT OF TREASURY’S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) SANCTIONS AND THOSE LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS (SDN) LIST.
GLOBAL ANTI-CORRUPTION POLICY:
EACH PARTY AGREES TO COMPLY WITH ALL APPLICABLE LAWS COVERING BRIBERY, ANTI-CORRUPTION, AND MONEY LAUNDERING IN ALL COUNTRIES IN WHICH THE COMPANY DOES BUSINESS OR OPERATES. THIS INCLUDES, BUT IS NOT LIMITED TO, THE FOREIGN CORRUPT PRACTICES ACT (FCPA), UNDER WHICH IT IS UNLAWFUL TO OFFER, PAY, OR PROMISE TO PAY MONEY OR ANYTHING OF VALUE TO ANY FOREIGN OFFICIAL TO OBTAIN OR RETAIN BUSINESS.