Common use of Conditions Applicable Clause in Contracts

Conditions Applicable. 2.1. The GTCs shall apply to all contracts for the sale and purchase of the Goods by the Supplier to the Buyer to the exclusion of all other terms and conditions including but not limited to any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document, counter offer, and/or which are implied by trade, custom, practice or course of dealing. 2.2. The Buyer may only submit a request to purchase any Goods from the Supplier on the Supplier’s e-commerce transaction platform(s) or on the telephone with the Supplier’s sales representative. By way of submitting an offer to the Supplier for the Goods, the Buyer automatically agrees to these GTCs applying to the Order. Each Order is an offer from the Buyer to the Supplier to purchase the Goods and is subject to these GTCs. The Supplier may accept or reject any Order at its sole discretion. 2.3. An Order shall be deemed to be accepted at the earliest of any of the following, the Supplier: issues a written acceptance to the Buyer (effective time is the time the Supplier sends an acceptance email or the Supplier publishes acceptance information on its e-commerce transaction platform); or confirms acceptance on any telephone call with the Buyer; or does any act consistent with fulfilling the Order; and at which point, the Supply Contract is formed, executed between, and legally binding on the Parties. 2.4. The Supply Contract and these GTCs constitute the entire Agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not expressly set out in the Supply Contract by the Supplier. 2.5. The Supplier may update, amend, vary, or replace the GTCs (in whole or part) at any time without the consent of the Buyer. In the event that the GTCs are modified between the time of offer and acceptance of the respective offer, the version of the GTCs at the time of the submission of the respective offer to the Supplier shall apply to that respective Supply Contract. 2.6. Where the Supply Contract refers to more than one transaction, the GTCs shall apply to each transaction separately.

Conditions Applicable. 2.1. The GTCs These conditions shall apply to all contracts Contracts for the sale and purchase of the Goods by the Supplier Seller to the Buyer to the exclusion of all other terms and conditions including but not limited to any terms or conditions which the Buyer may purport to apply under any purchase order order, confirmation of order or similar document, counter offer, and/or which are implied by trade, custom, practice document or course of dealingcommunication. 2.2. The Buyer may only submit a request to purchase any All orders for Goods from the Supplier on the Supplier’s e-commerce transaction platform(s) or on the telephone with the Supplier’s sales representative. By way of submitting an offer to the Supplier for the Goods, the Buyer automatically agrees to these GTCs applying to the Order. Each Order is an offer from the Buyer to the Supplier to purchase the Goods and is subject to these GTCs. The Supplier may accept or reject any Order at its sole discretion. 2.3. An Order shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions. The order for Goods shall only be deemed to be accepted at when the earliest of any of the following, the Supplier: Seller issues a written acceptance of the order. Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these terms and conditions. 2.3. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in Writing by the Seller. The Seller’s employees or agents are not authorised to make any representations concerning the Goods and/or Services unless confirmed in writing by the Seller. In entering into the Contract the Buyer (effective time is the time the Supplier sends an acceptance email or the Supplier publishes acceptance information acknowledges that it does not rely on its e-commerce transaction platform); or confirms acceptance on and waives any telephone call with the Buyer; or does claim for breach of any act consistent with fulfilling the Order; and at representations which point, the Supply Contract is formed, executed between, and legally binding on the Partiesare not so confirmed. 2.4. The Supply Contract and these GTCs constitute the entire Agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise Any advice or representation made or recommendation given by the Seller or on behalf its employees or agents to the Buyer or its employees or agents with regard to the storage, application or use of the Supplier Goods and/or the output of the Services which is not expressly set out confirmed in the Supply Contract writing by the SupplierSeller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed. 2.5. The Supplier may updateAny typographical, amendclerical or other error or omission in any sales literature, varyquotation price list, acceptance of offer, invoice or replace other document or information issued by the GTCs (in whole or part) at Seller shall be subject to correction without any time without liability on the consent part of the BuyerSeller. 2.6. To the extent that the individual sales contract and these Conditions do not provide otherwise, the “Rules and Usages for the Trade in Seeds for Sowing Purposes”, as published by the International Seed Federation and effective on the day of sale shall apply (hereinafter referred to as the “ISF Rules”). The ISF rules are available at ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇ under “Trade Rules” and from the Seller at the buyer’s request. 2.7. In the event of any dispute, ambiguity in interpretation or claim between the Seller and the Buyer, the individual sales contract and its specific terms shall have first rank. To the extent that the GTCs individual contract and its specific terms are modified between silent, these Terms and Conditions have second rank. To the time of offer extent that these Terms and acceptance Conditions are silent, the ISF Rules have third rank. If the ISF Rules are silent, the ordinary rules of the respective offergoverning law shall prevail. Notwithstanding the above, the version clause 15 of the GTCs at the time of the submission of the respective offer to the Supplier these conditions shall apply to that respective Supply Contracthave first rank in any event. 2.6. Where the Supply Contract refers to more than one transaction, the GTCs shall apply to each transaction separately.