POT PLANTS
ENGLISH
Welcome
We are pleased to present our new Pot Plants catalogue. In this catalogue you can find trusted and known series with new or improved colour additions. We know how difficult it can be to make certain decisions in the dynamic market of recent years. That is why we are happy to help you select the best Pot Plants for your offer. We are there for you to support in after sales care to help steer for a smooth production and selling season. Explore our extensive cyclamen range, encompassing small and large flowered varieties, green and silver-leaved types, early and late flowering options, and select the varieties that best align with your preferences. Furthermore there are beautiful Primula obconica, Platycodon and Aster varieties for you to choose from. If you need any type of advice, please don’t hesitate to reach out to your local sales representative, technical specialist or customer service team. We wish you all the best, and enjoy this catalogue!
Kind regards,
Alex Rhodes and Jesper Frandsen Sales Managers United Kingdom, Ireland and Scandinavia
2
Legend
New
Improved
Award Winner
Garden Cyclamen Synchro Cyclamen
Production
Outdoor performance 1 = compact / 5 = vigorous
Greenhouse Performance 1 = compact / 5 = vigorous Pot Size
Earliness 1 = early / 5 = late
Flowering months
3
Table of content
Mini Cyclamen
Primula obconica F1 & Platycodon grandiflorus
Facila
20 22 23 24 26 30 32
Embrace
51 52 53
Goblet Kyoto Picola
Astra
Twinkle
SeeWhy ® Silverado
Aster
Winfall
Believer Henry I
55 55 56
Midi Cyclamen
Magic
Merita Rocolina
36 38
Large Cyclamen
Fleur en Vogue Maxora Friller
41 42 43 44 46 48
Perfetto
Rainier
Sierra Winter Ice
4
5
The UK Team
Sales Manager
Technical Specialist
Alex Rhodes Sales Manager
Ronald Karsenbarg +31 (0) 612 996 470 ronald.karsenbarg@syngenta.com
+44 (0) 7885 620 004 alex.rhodes@syngenta.com
Sales Representative Rachel Clarke
Retail
Neil Fishlock Retail Key Account Manager +44 (0) 7884 492 727 neil.fishlock@syngenta.com
TeleSales UK and Ireland +44 (0) 1223 883 472
rachel.clarke@syngenta.com
Steven Lenthall Scotland, Ireland and NE England +44 (0) 7423 454 530 steven.lenthall@syngenta.com
Customer Service
Kim van Otterloo Country Coordinator Customer Service Agent United Kingdom/Ireland
John Miles SW England
+44 (0) 845 602 6173 +31 (0) 6 2295 5055 kim.otterloo_van@syngenta.com
+44 (0) 7711 172 265 john.miles@syngenta.com
Marta Krala Customer Service Agent +44 (0) 845 602 6173
Steve Mills SE England
+44 (0) 7885 620 002 steve.mills@syngenta.com
marta.krala@syngenta.com
Saskia van der Laan Customer Service Agent +44 (0) 845 602 6173 saskia.van_der_Laan@syngenta.com
Ben Watson NW England
+44 (0) 7808 888 462 ben.watson@syngenta.com
Basma Slassi Customer Service Agent +44 (0) 845 602 6173
George Hallam Midlands
+44 (0) 7436 560 941 george.hallam@syngenta.com
basma.Slassi@syngenta.com
Logistics
Carla Hodge Logistics Specialist
+ 31 (0) 174 534 127 carla.hodge@syngenta.com
Marketing
Debbie Koene Regional Marketing Specialist +31 (0) 645 420 659 debbie.koene@syngenta.com
6
The Scandinavian Team
Sales Representative Magnus Nilsson +46 (0) 706 469 446
Sales Manager
Jesper Frandsen Sales Unit Manager Nordics and UKIE +45 24 40 17 42 jesper.frandsen@syngenta.com
magnus.nilsson@syngenta.com
Thorbjorn Persson +46 (0) 768 921 231 thorbjorn.persson@syngenta.com
Customer Service
Kim van Otterloo Country Coordinator
+31 174 534121 +31 6 2295 5055 kim.otterloo_van@syngenta.com
Pernille Ratjen +45 29 37 10 96 pernille.viborg_ratjen@syngenta.com
Mia Henkels Customer Service Agent +31 174 534 189
Jälleenmyyjä
mia.henkels@syngenta.com
Oy Schetelig Suomen jakelu ja jälleenmyynti +358 (0) 9 852 062 22 asiakaspalvelu@schetelig.com
Radha Sukdeo Customer Service Agent
+31 (0) 174 534 116 +31 (0) 612 133 208 radha.sukdeo@syngenta.com
Distributør
Logistics
Blomsterringen +47 679 814 00 ungplanter@blomsterringen.no
Carla Hodge Logistics Specialist
+31 (0) 174 534 127 carla.hodge@syngenta.com
Marketing
Debbie Koene Regional Marketing Specialist +31 (0) 645 420 659 debbie.koene@syngenta.com
Technical Specialist
Ronald Karsenbarg +31 (0) 612 996 470 ronald.karsenbarg@syngenta.com
7
New Into Assortment
2024
Cyclamen persicum Facila Purple Imp. 22
Cyclamen persicum Perfetto Purple Imp. 36
Cyclamen persicum Rainier Wine Red 40
8
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9
Garden Cyclamen
10
Enjoy Cyclamen to the fullest!
Did you know that a significant part of our Cyclamen persicum assortment is perfect for outdoor use? Research indicates that many end consumers are unaware of this and Cyclamen are mainly used indoors. There is considerable sales potential within this market and we would like you to benefit from this.
We have selected a wide range of Cyclamen that are perfect for use in the garden and on the patio. To prove the outdoor performance of our series, we have conducted various trials.
Besides our own promotion of the versatile (outdoor) use of Cyclamen, Syngenta Flowers is also part of a promotion committee in the Netherlands. This committee consists of Royal FloraHolland, Schoneveld, Morel and several Dutch growers and includes, among other things, the promotion of the outdoor use of Cyclamen.
The ‘Garden Cyclamen’ featured in this catalogue can be recognised by the logo below:
For more details about this promotion , please visit the following website: www.gardencyclaam.com
11
At a glance Cyclamen
BEST SUITED FLOWERING PERIOD (MONTH) 123456789101112
SERIES
Facila
10.5-12 cm
4
Goblet
9-10.5 cm
5
Kyoto
10.5-12 cm
2
Picola
6-10.5 cm
4
Seewhy
6-10.5 cm
4
Silverado
10.5-12 cm
5
Winfall
10.5-12 cm
4
Merita
10.5-13 cm
4
Rocolina
Fleur en Vogue
12-16 cm
2
Maxora Friller
12-16 cm
2
Perfetto
12-14 cm
3
Rainier
13-20 cm
3
Sierra
12-16 cm
3
Winter Ice
13-19 cm
5
Compact
Vigour
12
Culture time in weeks, specified per product form
SERIES
Estimation based on the production of 10 cm pots for mini, 12 cm for midi and 14 cm for large cyclamen. Estimated culture time for end of summer and autumn flowering. For winter flowering - add 2 weeks to the culture time.
26
15
14
Facila
Goblet
26
15
14
Kyoto
28
17
16
Picola
25
14
13
SeeWhy ®
24
13
12
Silverado
26
15
14
Silverado compact
25
14
13
Winfall
26
15
14
Merita
26
15
14
Rocolina
26
15
14
Fleur en Vogue
30
17
Maxora Friller
32
20
19
Perfetto
26
14
13
Rainier
30
18
17
Sierra
28
16
15
Winter Ice
30
17
13
Top uniformity Our Synchro Cyclamen mixes include the most uniform varieties within each series. The exceptional uniformity in flowering and growth habit will elevate your potential for large-scale retail promotions.
• Highest uniformity in flowering window • Highest uniformity in habit • Highly suitable for targeted production planning
14
Synchro Cyclamen
Facila Synchro Flame Mix 21
Maxora Friller Synchro Early Mix 42
Perfetto Synchro Mix 43
Facila Synchro Shine Mix 21
Maxora Friller Synchro Early Flame Mix 42
Merita Synchro Flamed Mix 37
Picola Synchro Mini Mix 24
Merita Synchro Mix 37
Facila Synchro Mix 21
Sierra Synchro Flame Mix 47
Rainier Synchro Mix 44
SeeWhy ® Synchro Mix 29
Sierra Synchro Mix 47
Silverado Synchro Mix 30
Winfall Synchro Mix 33
Winter Ice Synchro Mix 48
15
Young plant production of cyclamen
Our young plant production mainly takes place from February to early August. Season preparations starts much earlier. It starts with the evaluation of the past season to find improvements for the new season.After that seed quality is looked at to select the best lots, to be prepared ready for the sowing season. The germination of different seed lots is determined in our laboratory under standardised conditions. This germination test enables us to determine production results under average conditions. We translate this data per variety into expectations in greenhouse conditions. We see that the germination results show a slight fluctuation in greenhouse production versus our laboratory results and therefore
we build in some buffer, a pre determined scrap rate per variety, to deliver the young plant quantity and quality as ordered. In order to achieve the best possible end result, we look at each tray type for desired roots and leaves to meet the plant profile. We especially focus on variety colour mixes to get them as uniform as possible. When transplanting small plugs into our XT72 large plug format, we pay extra attention to guarantee a good start for all plants.
We do this for you to give you the best possible start for your cyclamen crop.
16
Syngenta® Flowers Cyclamen in Xtray®
A reliable supply of healthy, high-quality cyclamen young plants is crucial for every partner in the supply chain. All Syngenta ® Flowers cyclamen young plants are supplied in the Xtray ® . This innovative reusable tray has proven itself in the industry and sets the standard in the market.
Cyclamen young plants are available in XT72, XT128 and XT264 formats, depending on the segment.
Xtray ® 72
The biggest plug available, specially designed for premium quality young plants in combination with a short culture time.
Xtray ® 128
The medium sized young plant plug, which is specially recommended for mini and midi cyclamen.
Xtray ® 264
Our smallest cyclamen young plant plug, and for many growers, the right size for large-scale production. All 264 trays are delivered as glue plugs which protect the fine roots and aid transplanting. 264 is peat free glueplug for 2025 delivery.
17
Behind the Breeding
Working together on innovation
Our dedicated Cyclamen breeding team is constantly striving to introduce the best and most innovative varieties to the market. Leveraging our extensive gene pool, cutting- edge facilities, and advanced technology, we aim to deliver superior genetics to both growers and end consumers. Plant breeding is often described as a fusion of art and science. By combining traditional breeding knowledge with modern genetic technologies, true innovation emerges.
A particularly intriguing aspect of our breeding work involves enhancing heat tolerance in new varieties. Given that a significant portion of our Cyclamen is cultivated in regions with warm summers, and with the weather becoming increasingly extreme, we rigorously test our new lines and hybrids under these challenging conditions. Our primary goal is to breed new varieties that exhibit greater strength, resilience, and beauty in such environments. A great example is the improvement of the mini, silver- leaved series Silverado. The series now presents a more compact plant habit and uniformly striking silver-coloured leaves, perfect for autumn and winter blooming. In addition to that, the mid-size series Merita has now even more abundant flowering and is very suitable for landscaping.
Mustafa Akça Breeder
18
Cyclamen Mini
19
Cyclamen persicum Facila
Mini flowers with maximum impact. • Its vigorous habit creates strong plants under lower light conditions.
• A broad range of solid and bicolours. • Early, uniform and central flowering.
EXPOSURE Sun/Shade
FLOWERING MONTHS October-November PRODUCT FORMS Xtray ® 128, Xtray ® 264
HABIT Upright
4 10.5-12 cm
2
2
Facila Synchro Mix
Facila Scarlet
Facila Snowridge Scarlet
Facila Light Pink Eye
Facila White Imp.
Facila Pink
Facila Deep Rose
Facila Rose
Facila Salmon
Facila Red
Facila Snowridge Purple
Facila Purple Imp.
Facila Wine Flame
20
Facila Wine
Facila Synchro Mix
Facila Synchro Shine Mix
Facila Synchro Flame Mix
21
POT PLANTS
Cyclamen persicum Goblet
Elevate Gardens with Goblet • A true specialty with chalice shaped flowers that provide an unique appearance. • Intense wine red with white flowers that brighten up gardens. • Outstanding garden performance.
EXPOSURE Sun/Shade
FLOWERING MONTHS September-February PRODUCT FORMS Xtray ® 128, Xtray ® 264
HABIT Upright
Goblet Shine Wine Red
5 9-10.5 cm
2
2
Goblet Shine Wine Red
22
Cyclamen persicum Kyoto
Amazing pastel shades • Attractive, fringed and shell-shaped flowers with soft pastel colours. • Abundant flowering and eye-catching at retail level. • Suitable for early and late production.
EXPOSURE Sun/Shade
FLOWERING MONTHS September-January PRODUCT FORMS Xtray ® 128, Xtray ® 264
HABIT Upright
2 10.5-12 cm
3
3
Kyoto Late Shine Red
Kyoto Late Shine Red
Kyoto Late Shine Deep Rose
Kyoto Late Shine Red
23
POT PLANTS
Cyclamen persicum Picola
Our Micro in Mini • Genetically compact growth habit and early flowering. • Easy to produce due to its botrytis tolerance. • Extremely suitable for 6 to 10,5 cm pots and packs.
EXPOSURE Sun/Shade
FLOWERING MONTHS September-December PRODUCT FORMS Xtray ® 128, Xtray ® 264
HABIT Upright
4 6-10.5 cm
1
1
Picola Synchro Shine Mix
Picola Scarlet
Picola Deep Rose
Picola White
Picola Purple
Picola Wine Red
Picola Synchro Mini Mix
24
Picola Synchro Mini Mix
25
POT PLANTS
Benefits
SeeWhy ® enables you to plan and produce more efficiently, saving time, money, and effort. Worry free production, that’s our promise.
1
2
3
Developing early – up to 7-10 days faster than competing series.
Developing compactly – perfect harmony between flowers and plant.
Developing uniformly – high uniformity within three weeks. Aligned flowering windows across all colours.
Faster bulking in the young plant stage results in early flowering and worry-free production.
Its compact habit allows for tight spacing, even in full bloom.
Ready for total sale
Potting
Start delivering to retail
50% *
80% *
100% *
Market standard
30%*
60%*
90%*
100%*
week
26
Seewhy Synchro Mix
Lifestyle image SeeWhy
27
POT PLANTS
Cyclamen persicum SeeWhy ®
The most reliable mini series, you’ll see why. • Extremely high levels of uniformity across the entire early flowering and compact series. • Creates an abundance of flowers while remaining compact. • Tolerates higher temperatures without sacrificing quality or flower timing.
EXPOSURE Sun/Shade
FLOWERING MONTHS September-November PRODUCT FORMS Xtray ® 128, Xtray ® 264
HABIT Upright
4 6-10.5 cm
1
1
SeeWhy ® Synchro Mix
SeeWhy ® Shine Scarlet
SeeWhy ® Scarlet
SeeWhy ® Bright Scarlet
SeeWhy ® White
SeeWhy ® Pink
SeeWhy ® Deep Rose
SeeWhy ® Snowridge Rose
SeeWhy ® Salmon
SeeWhy ® Purple Flame
SeeWhy ® Shine Purple
SeeWhy ® Purple
SeeWhy ® Shine Wine
28
SeeWhy ® Wine Flame
SeeWhy ® Snowridge Wine
SeeWhy ® Wine
SeeWhy ® Fuchsia
SeeWhy ® Synchro Mix
SeeWhy ® Mix
29
POT PLANTS
Cyclamen persicum Silverado
• The mini silver leaved cyclamen. • Especially ideal for Christmas sales. • New more compact improvements in several varieties.
EXPOSURE Sun/Shade
FLOWERING MONTHS October-February PRODUCT FORMS Xtray ® 128, Xtray ® 264
HABIT Upright
5 9-12 cm
2
3
Silverado Synchro Mix
Silverado White
Silverado Scarlet
Silverado Compact White
Silverado Rose
Silverado Compact Purple
Silverado Compact Wine
Silverado Wine
Silverado Synchro Mix
Silverado Synchro Purple Flame Mix
30
31
POT PLANTS
Cyclamen persicum Winfall
A true winner in autumn and winter. • Bred to perform under low light and low temperature conditions of autumn and winter production. • Strong botrytis tolerance results in better shelf life and less shrinkage. • Fast flowering, up to two weeks earlier than the main competing series. • The bright flowers colours on top of dark foliage provide a beautiful contrast.
EXPOSURE Sun/Shade
FLOWERING MONTHS November-January PRODUCT FORMS Xtray ® 128, Xtray ® 264
HABIT Upright
Winfall Synchro Mix
5 9-12 cm
2
2
Winfall White Imp.
Winfall Scarlet
Winfall Light Pink
Winfall Pink Flame
Winfall Rose
Winfall Salmon
Winfall Deep Rose
Winfall Purple Flame
Winfall Purple Imp.
Winfall Shine Wine
Winfall Wine Flame
Winfall Wine
32
Winfall Synchro Mix
Winfall Synchro Mix
33
POT PLANTS
Cyclamen Midi
34
Merita Purple
35
POT PLANTS
Cyclamen persicum Merita
Solid, compact and colourful • Compact, mounded plants that hold up longer and are ideal for high-density production. • Flowering up to one week earlier than other compact-midi types. • A versatile retail product for impulse sales or for cool season bedding plant applications.
EXPOSURE Sun/Shade
FLOWERING MONTHS October-March PRODUCT FORMS Xtray ® 128, Xtray ® 264
HABIT Upright
4 10.5-13 cm
2
3
Merita Synchro Mix
Merita Coral Flame
Merita Snowridge Scarlet
Merita Scarlet
Merita White
Merita Pink
Merita Deep Rose
Merita Shine Deep Rose
Merita Salmon
Merita Red
Merita Purple Flamed
Merita Shine Purple
Merita Purple
36
Merita Wine
Merita Wine Flamed
Merita Snowrdige Wine
Merita Wine Flame
Merita Synchro Flamed Mix
Merita Wine
Merita Synchro Mix
Merita Synchro Mix
37
POT PLANTS
Cyclamen persicum Rocolina
• A luxury speciality with high decorative value. • Medium-sized fringed flowers on a compact plant. • Very free flowering throughout the season.
EXPOSURE Sun/Shade
FLOWERING MONTHS October-March
HABIT Upright
PRODUCT FORMS Xtray ® 128
1 10.5-12 cm
3
4
Rocolina Mix
Rocolina Dark Pink
Rocolina Light Pink
Rocolina Lilac
Rocolina White
Rocolina Deep Purple
Rocolina Synchro Mix
38
Rocolina Dark Pink
39
POT PLANTS
Cyclamen Large
40
Cyclamen persicum Fleur En Vogue
Embracing Elegance • A unique Cyclamen series for the high-end segment with large, umbrella-shaped flowers. • Tolerates higher temperatures. • Great as a (holiday) gift. • Vigorous plants - great for larger pots.
EXPOSURE Sun/Shade
FLOWERING MONTHS October-December
HABIT Upright
PRODUCT FORMS Xtray ® 72
2 12-16 cm
4
3
Fleur En Vogue Pink
Fleur En Vogue Purple
Fleur En Vogue White
Fleur En Vogue Purple
41
POT PLANTS
Cyclamen persicum Maxora Friller
Fringed Power and Beauty • Large, fringed flowers on strong stems. • Uniform plant habit - suitable for both early and late production. • A true eye-catcher at retail and in garden centres.
EXPOSURE Sun/Shade
FLOWERING MONTHS August-December
HABIT Upright
PRODUCT FORMS Xtray ® 72
2 12-16 cm
3
3
Maxora Friller White
Maxora Friller Late Light Salmon
Maxora Friller Late White
Maxora Friller Early Pink
Maxora Friller Red
Maxora Friller Early Salmon
Maxora Friller Early Purple
Maxora Friller Synchro Early Mix
Maxora Friller Synchro Early Flame Mix
42
Cyclamen persicum Perfetto
Production Perfection • The most efficient, large-flowered cyclamen for mass production. • Produces masses of large, showy flowers on short and thick stems - ensuring long shelf life. • Easy to grow under low light and temperature conditions for a high-quality winter finish.
EXPOSURE Sun/Shade
FLOWERING MONTHS August-October PRODUCT FORMS Xtray ® 72, Xtray ® 128
HABIT Upright
3 12-14 cm
2
4
Perfetto Synchro Mix
Perfetto Scarlet
Perfetto Rose Flame
Perfetto Salmon
Perfetto White
Perfetto Salmon Flame
Perfetto Purple Flame
Perfetto Purple
Perfetto Purple
Perfetto Synchro Mix
43
POT PLANTS
Cyclamen persicum Rainier
Magnificent flowers - all season long • The best large flowered Cyclamen. • Amazing flower size with strong thick flower stems - suitable for large pots. • Easy growing under cool and dark circumstances.
EXPOSURE Sun/Shade
FLOWERING MONTHS October-March PRODUCT FORMS Xtray ® 72, Xtray ® 128
HABIT Upright
3 14-20 cm
3
5
Rainier Synchro Mix
Rainier White South
Rainier White
Rainier Scarlet
Rainier Pink
Rainier Light Pink Eye
Rainier Deep Rose
Rainier Rose
Rainier Deep Rose Light Edge
Rainier Deep Salmon
Rainier Lilac
Rainier Purple Flame
Rainier Purple
44
Rainier Wine Flame
Rainier Wine Red
Rainier Synchro Mix
Rainier Synchro Mix
45
POT PLANTS
Cyclamen persicum Sierra
Boost your Sales with Sierra • Densely mounded plants with large, centrally placed flowers are ideal for high quality pot plant sales. • Efficient and programmable in mass production systems. • Economical to produce with the earliest and most uniform flowering in its class.
EXPOSURE Sun/Shade
FLOWERING MONTHS August-October PRODUCT FORMS Xtray ® 72, Xtray ® 128
HABIT Upright
3 12-16 cm
2
3
Sierra Mix
Sierra White
Sierra Snowridge Scarlet
Sierra Scarlet
Sierra Scarlet South
Sierra Synchro Pink
Sierra Light Pink with Eye
Sierra Deep Rose
Sierra Neon Rose
Sierra Rose
Sierra Snowridge Rose
Sierra Deep Salmon
Sierra Salmon Flame
46
Sierra Purple Flame
Sierra Snowridge Purple
Sierra Purple
Sierra Wine Flame
Sierra Synchro Flame Mix
Sierra Snowridge Wine
Sierra Synchro Mix
Sierra Synchro Mix
47
POT PLANTS
Cyclamen persicum Winter Ice
Popping colours for winter days. • Popping flower colours on top of strong, contrasting silver foliage. • Attractive, standard sized plants that are ideal for holiday sales. • Vigorous plants with a quick pot fill.
EXPOSURE Sun/Shade
FLOWERING MONTHS October-March
HABIT Upright
PRODUCT FORMS Xtray ® 72
3 13-19 cm
3
5
Winter Ice Synchro Mix
Winter Ice White
Winter Ice Scarlet
Winter Ice Rose
Winter Ice Purple
Winter Ice Synchro Mix
48
Super Serie ®
Super Serie ® Allure Mix
Super Serie ® Compact Mix
Super Serie ® Carino Mix
Super Serie ® Macro Mix
Super Serie ® Mammoth Mix
Super Serie ® Mini Winter Mix
Super Serie ® Picasso Mix
Super Serie ® Verano Mix
Super Serie ® XL Flame Mix
Super Serie ® XL Mix
49
POT PLANTS
Primula obconica F1 & Platycodon grandiflorus
50
Primula obconica Embrace
• Non allergic, primine free. • An early, uniform, and rich flowering plant. • Large, central flowers on strong, short stems. • Available in a wide range of colours, including stunning picotees.
EXPOSURE Sun/Shade
FLOWERING MONTHS March-May
HABIT Upright
PRODUCT FORMS Xtray ® 128
2
3 12-16 cm
Embrace Red Picotee
Embrace White
Embrace Orange
Embrace Scarlet Picotee
Embrace Salmon Picotee
Embrace Magenta
Embrace Red
Embrace Red Picotee
Embrace Deep Blue
Embrace Blue Picotee
51
POT PLANTS
Platycodon grandiflorus Astra
• Large, star-shaped flowers in three beautiful colours. • Winter hardy and also heat tolerant. • Can be used as a perennial or as a pot plant. • Perfect for borders and large containers.
EXPOSURE Sun/Shade
FLOWERING MONTHS May-August
HABIT Upright
PRODUCT FORMS Xtray ® 264, Seeds
3
3 10.5-13 cm 15–20 cm
Astra Rose
Astra White
Astra Rose
Astra Blue
52
Platycodon grandiflorus Twinkle
• First-year flowering perennial - can be sold as either a potted, patio or garden plant. • Uniform and densely branched with a dwarf /compact habit produces fuller plants with more flowers. • Plants hold flowers well during transport and under low light conditions at retail. • Also available with both White and Blue mixed in a young plant plug (Sky Gate).
EXPOSURE Sun/Shade
FLOWERING MONTHS June-September
HABIT Upright
PRODUCT FORMS Xtray ® 264, Seeds
2
3 10.5-13 cm 15–20 cm
Twinkle Blue
Twinkle White
Twinkle Blue
Twinkle Sky Gate
53
POT PLANTS
Aster
54
Aster novi-belgii F1 Believer
• Feathery flower panicles held above dense, dark green leaves. • The upright growth habit and small purple flowers provide a delicate garden look.
EXPOSURE Sun/Shade
FLOWERING MONTHS August-October
HABIT Upright
PRODUCT FORMS Xtray ® 128, URC
2 10-17 cm 20–30 cm
Believer Purple
Aster novi-belgii F1 Henry I
• Strong, well-branching plant habit. • An explosion of long-lasting double flowers - available in three different colours.
EXPOSURE Sun/Shade
FLOWERING MONTHS August-October
HABIT Upright
PRODUCT FORMS Xtray ® 128, URC
3 10-19 cm 25–40 cm
Henry I Purple
Henry I Pink
Henry I Blue
Henry I Purple
55
POT PLANTS
Aster novi-belgii F1 Magic
• A compact, uniform and well-branching pot plant. • Ideal for colourful, trio planted production. • Versatile in production, suitable for packs and pots ranging from 10 to 19 cm.
EXPOSURE Sun/Shade
FLOWERING MONTHS August-October
HABIT Upright
PRODUCT FORMS Xtray ® 128, URC
2 10-19 cm 25–40 cm
Magic Purple
Magic White
Magic Pink
Magic Deep Rose
Magic Blue
Magic Lavender
Magic Purple
56
GENERAL CONDITIONS OF SALE
These conditions apply to every offer and every agreement between Syngenta Seeds B.V. and a buyer, insofar as the parties have not explicitly deviated from one or more of these conditions. 1. Definitions For the purposes of these General Conditions of Sale, the following terms shall have the following meaning: "Affiliate" means, in relation to either Party, a company which controls, is controlled by, or is under common control with that Party. For purposes of this definition, "control" means possession, directly or indirectly, of at least fifty percent (50%) of the voting equity of another entity (or other compa- rable interest for an entity other than a corporation), or the power to direct or cause the direction of the management or policies of an entity whether through ownership of securities, by contract or otherwise. "Buyer" means the person or company whose order for the Products is accepted by Syngenta. "Change of Control" means the event that a legal entity not being the Buyer or a Buyer's Affiliate, acquires or otherwise becomes able to Control the Buyer. "Conditions" means the standard conditions of sale set out in this document. "Contract" means the contract for the purchase and sale of the Products made between Syngenta and the Buyer. "Delivery" means the shipment FCA (lncoterms 2010) from Syngenta's premises to the agreed delivery point, unless otherwise provided in the Contract. In case no delivery point has been agreed, Syngenta is entitled to nominate the delivery point. Delivery to plant raisers in the Netherlands shall take place postage paid, except for urgent and/or express delivery in which case the shipment costs shall be for the Buyer's account. "Insolvency Event" means, in relation to the Buyer, any of the following circumstances: (i) if it is unable to pay its debts as they fall due or is declared bankrupt, (ii) if it ceases or threatens to cease carrying on all or substantially all of its business, otherwise than for the purposes of a solvent recon- struction or amalgamation, (iii) if any liquidator, receiver, administrator, custodian, trustee or administrative receiver is appointed over the whole or any material part of its undertaking, property or assets, (iv) if an order is made or resolution is passed for its winding up, otherwise than for the purposes of a solvent reconstruction or amalgamation, (v) if it applies for other measures of protection against its creditors under applicable bankruptcy or insolvency laws or (vi) if any event analogous to any of the foregoing occurs in any jurisdiction in which any of its assets are situated. "Parties" means Syngenta and the Buyer. "Products" means the products (including any instalments of the products or any parts of them) which Syngenta is to supply in accordance with the Contract, whose features and capacities are specifically described in the Contract. Products may include, without limitation, seeds, seedlings, rootstocks, cuttings, young plants and ornamental plants, for instance of the following crops: cereals, corn, sunflower, rapeseed, fodder beet, vegetable crops and flowers. "Syngenta" means the Syngenta entity that has agreed to supply the Products to the Buyer under the Contract. "Syngenta Group" means the Syngenta contracting entity, and/or any other company considered as a Syngenta Affiliate as per the definition given above. The latest International Seed Federation (l.S.F.) terms and definitions describing the reaction of plants to pests and pathogens and to abiotic stresses for the vegetable seed industry are hereby incorporated by reference. If Syngenta uses these terms in these General Conditions of Sale and any related statements, the definition of l.S.F. applies. 2. Orders 2.1 Syngenta shall sell and the Buyer shall purchase the Products in accordance with: (i) any written order of the Buyer which has unconditionally been confirmed by Syngenta (including, without limitation, by delivering some or all of the ordered Products); or (ii) any other written agreement between the Buyer and Syngenta; subject in either case to these Conditions which are applicable to the Contract. 2.2 Except for these Conditions, no terms and conditions which the Buyer purports to apply under any early order, purchase order, confirmation of order, specification or similar document will form part of the Contract. 2.3 The Buyer shall state in writing in its order and/or at Syngenta first request the data, specifications and documents legally required in the country of delivery, of, among others, the following: • invoicing; • phytosanitary requirements; • international certificates; • other import documents or import declarations. 2.4 All orders which are placed with Syngenta through Syngenta's electronic ordering system are equally subject to these Conditions, as well as any further specific terms and conditions which may be posted within and/or are downloadable from such system. 2.5 Syngenta reserves the right to amend these Conditions from time to time. 2.6 No order which Syngenta has confirmed in accordance with Condition 2.1(i) can be cancelled by the Buyer except with Syngenta's written agreement. 2.7 If Products ordered under the Contract have not yet been delivered or paid for, Syngenta may terminate the Contract immediately by notice in writing to the Buyer if an Insolvency Event or Change of Control occurs in relation to the Buyer. 3. Delivery 3.1 Any dates specified by Syngenta for Delivery of the Products are approximate only and do not constitute a deadline. 3.2 The quantity of any shipment of Products as recorded by Syngenta or its (sub-)contractor upon dispatch from Syngenta or its (sub-)contractor's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 3.3 In the case of a non-delivery of the Products written notice of the non-delivery is given to the carrier and Syngenta by the Buyer within fourteen (14) days of the date when the Products should have been received. If the Buyer does not inform Syngenta and the carrier of the non-delivery within this period, the Buyer's rights to hold Syngenta liable for the non-delivery will lapse. 3.4 Any liability of Syngenta for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit-note at the pro-rata Contract rate against any invoice raised and paid for such Products. 3.5 A signature of qualified acceptance on a carrier's delivery note shall not be written notice to either the carrier or Syngenta for the purpose of these Conditions. 3.6 Syngenta is permitted to deliver the sold Products in instalments. If the Products are delivered in instalments, Syngenta has the right to invoice each partial delivery separately. 3.7 If the quantity mentioned in an order deviates from the standard quantity applied by Syngenta or a multiple thereof, Syngenta has the right to deliver the nearest higher quantity being, as applicable, the standard quantity applied by Syngenta or a multiple thereof. 3.8 Return deliveries, including the mutual exchange of seeds for pelleted seeds, are not permitted, unless agreed in advance between the parties in writing. 3.9 If for any reason: (i) production (including harvesting and processing) of any Products shall fail to provide Syngenta with Products of sufficient quantity and/ or quality for Delivery to the Buyer, or (ii) at any time total demand for Products shall for any reason exceeds Syngenta's total available supply through its normal sourcing arrange- ments, Syngenta shall not be under an obligation to deliver the quantity ordered by the Buyer and the Products to be supplied under the Contract shall be such quantity as Syngenta shall in its sole discretion allocate to be supplied under the Contract, and Syngenta shall not be in breach of the Contract, negligent or otherwise liable to the Buyer (and the Buyer shall not be entitled to any damages) if such quantity is less than the quantity ordered by the Buyer. 3.10 Young plants and ornamental plants are delivered in a special (design copyrighted) tray(s) and, depending on the quantity, loaded on a pallet(s) which shall both remain Syngenta's property. The Buyer acknowledges that Syngenta holds all design and property rights related to the tray(s) and undertakes to act in compliance with these rights. The Buyer shall take due care of these tray(s) and pallet(s) until they are collected by Syngenta. The Parties shall make agreements with regard to the frequency with which the tray(s) and/or pallet(s) are collected by Syngenta. If these tray(s) and/or pallet(s) are lost or damaged whilst in the Buyer's possession or control, the Buyer shall be liable to pay to Syngenta an amount of € 5 per tray and € 12.50 per pallet. The Buyer shall store the tray(s) and/or pallet(s) in such manner that Syngenta can collect them in a normal manner. The Buyer shall ensure that the tray(s) and/or pallet(s) are clean. In order to guarantee Syngenta's property rights the trays are individually numbered and registered by means of a barcode. The Buyer will not remove or otherwise render illegible this barcode and should the Buyer do so the Buyer shall pay to Syngenta an amount of € 1 per tray, without prejudice to Syngenta's right to claim a higher amount in damages from the Buyer. 3.11 The Buyer is not permitted to continue to use the tray(s) and/or pallet(s), or to let them be used by third parties, unless explicitly agreed otherwise by Syngenta in writing. 3.12 If no agreements have been made between the Buyer and Syngenta about shipment, Syngenta shall have the right to ship the consignment in the manner it deems best. The shipment is entirely for the Buyer's risk. Any additional costs as a consequence of the Buyer's special transport and/or packaging requirements shall be charged to the Buyer's account. 4. Price and Payment 4.1 The price of the Products shall be Syngenta's quoted price, or when no price has been quoted (or a quoted price is no longer valid), the price set out in Syngenta's most current published price list at the date of Delivery. Syngenta reserves the right to modify its prices periodically and in the interim. Each new price listing shall cancel the previous price with regard to orders placed after such new price listing. 4.2 The price of the Products is exclusive of any value added tax or any other applicable tax (which the Buyer shall pay in addition when it is due to pay for the Products) and further costs to be paid by the Buyer, including amongst others, packaging cost, quality assurance costs and/or phytosanitary inspections, import duties, government and other regulatory levies, and any other fees. Prices are expressed in Euros and shall be paid in Euros, unless otherwise indicated in the invoice. 4.3 Syngenta shall invoice the Buyer for the price of the Products. Syngenta shall determine the date of issuing such invoice in compliance with relevant local regulations. 4.4 Each invoice for the price of the Products will be paid within 30 days after the invoice date at Syngenta's offices or by deposit or transfer into a bank account indicated by Syngenta. 4.5 The Buyer shall make all payments due under the Contract without any deduction whether by way of set off, counterclaim or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by Syngenta to the Buyer. 4.6 If the Buyer fails to make any payment under the Contract on the due date (without any prejudice to its other rights or remedies), the Buyer is in default. In the event of late payment for deliveries made in the Netherlands, the Buyer shall pay 1% of the interest per month or per part of a month on the invoice amount as of the time at which the Buyer is in default. In the event of late payment for deliveries outside the Netherlands, the Buyer shall pay 1.5 % per month or per part of a month on the invoice amount as of the time at which the Buyer is in default. In the event of the Buyer's defaults, Syngenta has the right to charge any exchange rate loss incurred as a result to the Buyer's account. 4.7 If payment in instalments has been agreed, the entire remaining amount shall be immediately payable, in the event of late payment of an instalment. The stipulations of Condition 4.6, shall apply by analogy. 4.8 Without prejudice to its other rights and remedies, Syngenta shall have the right to immediately cancel any orders accepted by Syngenta, or to delay the delivery of Products ordered therein, if the Buyer's account with the Syngenta Group shows that the Buyer is overdue in paying any Syngenta invoices. 4.9 If the Buyer is in default with regard to one or more of its obligations, all extra judicial collection costs incurred to obtain payment as well as judicial costs shall be for the Buyer's account, with a minimum of the invoice amount. 4.10 Syngenta reserves the right to not carry out, or no longer carry out, orders or agreements if previous deliveries have not been paid for by the Buyer or the Buyer has not fulfilled or it's at risk of not fulfilling his obligations to Syngenta. The Buyer is required to pay the damage suffered by Syngenta due to this. Syngenta is not responsible for any damage suffered by the Buyer as a result of not carrying out orders. 4.11 If there is any doubt at Syngenta's discretion regarding the ability of the Buyer to pay, Syngenta will be entitled to defer performances until the Buyer has provided surety for the payment. If the Buyer has not provided surety for the payment within fourteen (14) days after being requested to do so, Syngenta is entitled to terminate the agreement by cancellation. In this case the Buyer will be liable for expenses incurred by Syngenta. 5. Property and Risk 5.1 Ownership of the Products shall only be transferred to the Buyer once they have been fully paid for and the Buyer has fulfilled all of its other obligations towards Syngenta. Payment refers to the full payment of the invoiced price, including value added tax, applicable interest and any other costs as stated in Condition 4.2. The above stipulation shall apply irrespective of the manner in which the delivered Products or the Products resulting from them have been planted and/or connected to a medium and/or substrate. 5.2 Products delivered by Syngenta, covered by the retention of title pursuant to Condition 5.1, can only be resold or used in the framework of ordi- nary business operations. In the event that the Products are resold by the Buyer, the Buyer shall require from its buyers a retention of title and, to ensure by means of a perpetual clause to be imposed, that third parties undertake to immediately send Syngenta the records of consignment numbers of the Products, so that all the delivered Products can be traced to third parties. 5.3 The risk of damage to or loss of the Products shall be borne exclusively by the Buyer as from their Delivery. 5.4 For Products which have been supplied but not yet paid-for, the Buyer shall hold the Products on Syngenta's behalf and shall keep the Products separate from those of the Buyer and third parties, shall sufficiently insure the Products against loss and/or damage and shall identify the Products as Syngenta's property. At Syngenta's request, the Buyer shall provide proof that it has subscribed to an insurance policy. Until the Buyer has paid for the Products in full, the Buyer undertakes to take all necessary measures in order to preserve the integrity and quality of the Products. The Buyer is not permitted to encumber the Products or to vest any other rights in them. 5.5 The Buyer's right to possession of Products belonging to Syngenta will cease immediately if an Insolvency Event occurs in relation to the Buyer. Where the Buyer's right to possession has terminated, the Buyer grants Syngenta, its agents, employees and Affiliates irrevocable permission at any time to enter any premises where the Products are or may be stored to recover them. This Condition 5.5 will survive termination of the Contract for any reason. 6. Terms of use of the Products and usage 6.1 Instructions setting forth the restrictions of use of the Products by the Buyer and subsequent buyers may be included in the Products' packaging and/or labelling. By using the Products, the Buyer or further buyers confirm his/their commitment(s) to comply with these restrictions. The Products are exclusively intended for the growing of crops for human or animal usage and/or consumption. The Products and the packaging are proprietary to Syngenta Group or its licensors and are protected by intellectual property rights. Unless otherwise agreed in writing, the Buyer's
use of the Products is limited to production of a single commercial crop, whether of fresh produce, forage, fiber, grain or any other crop. In the preceding sentence, "production" shall exclude producing seeds for replanting or vegetative reproduction. Unless expressly permitted by law, use of the seed, including the parental lines that may be unintentionally contained therein, for research, breeding or molecular or genetic charac- terization is strictly prohibited. Buyer has and shall acquire no rights in relation to parental lines that may be unintentionally contained therein. In the case of the Products being ornamental plant culture products for which plant breeder's rights have been applied for and/or granted, only non-recurring flower or plant production is allowed. Violations shall result in an immediately payable penalty of € 1.00 per reproduced flower or plant. Besides the penalty Syngenta shall retain its right as a licence holder to recover the actually incurred damage from the violating party. Buyer further agrees not to remove the bag-tag and/or labelling from the Products' packages and or labelling. 6.2 The Buyer shall impose no less stringent restrictions than the restrictions mentioned in this Condition 6 upon its own buyers. 7. Access to premises The Buyer shall, if requested, give Syngenta, its agents, employees and Affiliates access to its premises where the Products are located at any time to enable Syngenta to inspect the usage of such Products. Syngenta shall notify the Buyer of its visit in a timely manner. 8. Packaging and traceability of Products; use of trademarks, signs and other indications 8.1 Use of trademarks, signs and other indications. All of the trademarks, service marks and logos displayed on the Products, in the Contract and/or in any document or website referenced by them (the "Trademarks") are registered and unregistered trademarks of the Syngenta Group, or third parties who have licensed their trademarks to the Syngenta Group. Buyer shall not reproduce, display or otherwise use any Trademarks without Syngenta's prior written permission. Unless agreed otherwise in writing, the Buyer is not permitted to use Trademarks, signs and other marks used by Syngenta, for its own products or services, nor to suggest a (direct or indirect) commercial connection with the Syngenta Group, with the exception of trading the Products in their original packaging on which Trademarks, signs and other marks have been applied by Syngenta. If the delivered Products are resold, this restriction shall also be imposed upon the Buyer's own buyer and to any subsequent buyers. 8.2 Packaging. The Buyer shall not change or remove the Trademarks (including, without limitation, corporate or trade names and labels, any bag tag, or any indication of any intellectual property right of any nature whatsoever belonging to Syngenta), from the packaging of the Products, unless with prior written permission by Syngenta. 8.3 Traceability. The Buyer hereby acknowledges that any marketing of a Product on which any of the label, batch number, bag tag or sell-by date have been removed, erased or altered, represents a serious breach of these Conditions and of the Contract. Such breach shall entitle Syngenta in its sole discretion to terminate the Contract immediately without any compensation whatsoever in Buyer's favor. In such a case, the Buyer shall bear all the legal, financial and judicial consequences which may arise therefrom, at its sole expense and risk. 9. Plant Breeders' rights and other intellectual property rights 9.1 The Buyer shall comply with the restrictions and limitations imposed on the Products by the UPOV Convention and its national implementations which are hereby incorporated by reference, and when applicable Council Regulation No 2100/94 of 27 July 1994 on Community plant variety rights , which are also hereby incorporated by reference. 9.2 Products protected by a breeder's right applied for or granted in the Netherlands or any other country or by a contractual transfer provision may not be used to further reproduce the variety. 9.3 Buyer shall comply with these additional obligations: (i) If the Buyer finds a mutant in the Products, the Buyer shall report this immediately to Syngenta by registered letter, and shall make available to Syngenta materials of the mutant for testing purposes and for any other purposes without charge. Furthermore, if the Buyer maintains the mutant, Syngenta has the right to request from the Buyer, within a period of two (2) years after the detection of the mutant, materials of the mutant for testing purposes and for any other purposes without charge. The Buyer shall ensure that this Condition 9.3(i) also applies to its customers , who shall then exercise their reporting obligation to the Buyer. (ii) The Buyer shall indemnify Syngenta for any damages Syngenta has incurred as a result of any violation by the Buyer of Syngenta's plant breeder's rights or other intellectual property rights. (iii) The Buyer undertakes to fully cooperate as desired by Syngenta, including cooperating with the collection of evidence, in the event that Syngenta is engaged in legal proceedings with regard to plant breeder's rights or other intellectual property rights. (iv) The Buyer shall report all sales of Products as may be required by relevant royalty collecting agencies administering rights in the Products. If the Buyer is a licensee of Syngenta the Buyer shall ensure that its sub-licensees, where relevant, also comply with this Condition 9.3(iv). 10. Statement related to Genetically Modified Organisms All the Products currently sold by Syngenta in Europe, Africa and the Middle East have been bred by conventional plant breeding methods and with parent components that have not been genetically modified, without using genetic modification techniques leading to genetically modified organisms as defined in Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms. The methods and processes used in the development and maintenance of those varieties are aimed to achieve high purity standards and minimizing the risk of off-types or adventitious presence of other plant material, including genetically modified material, as defined by the applicable laws or regulations. Seed production has been carried out in accordance with existing requirements related to marketing of varieties and seed production rules including specified isolation distances. The Buyer acknowledges that, although unlikely, the risk of adventitious presence of genetically modified organisms cannot however be totally excluded. 11. Warranty 11.1 Syngenta shall make its best efforts for the Products to conform to their specifications and labels as much as possible, provided that they are handled by the Buyer with utmost care. No guarantees apply to the product specifications. 11.2 The Buyer shall check upon Delivery of the Products the condition of the Products and absence of visible defects of the Products, and shall bear the expenses and assume the risks related to such inspection. 11.3 Any claim or reservation regarding visible defects (such as but not limited to differences in weight, defective packaging, errors in the numbers of parcels or packages, exterior appearance), shall be made on the carrier's receipt and confirmed by registered letter with acknowledgment of receipt, sent to Syngenta within five(5) working days as from the Delivery of the Products, with the exception of seed trays and young plants for which claims shall be submitted within forty eight (48) hours of their Delivery. The Buyer shall specify and justify the nature of its claim or reservation, and identify the defective Products by their batch number. 11.4 Any claim regarding invisible defects as of the time of Delivery (such as but not limited to moisture content, specific purity, seed coating and grading, germination rate, trueness to type) shall be made by Buyer by registered letter with acknowledgment of receipt within five (5) working days from the discovery of such invisible defect and/or from the time at which the Buyer could reasonably have discovered the defect, but in no event no more than one (1) year from Delivery, after which Buyer shall be barred from asserting such a claim, and Syngenta may no longer be held liable for, defective Products. 11.5 Syngenta shall not be held liable for any defect under Conditions 11.3 or 11.4 unless (i) Buyer has notified Syngenta following the relevant conditions set forth in this Condition 11, and (ii) Buyer has provided Syngenta after receipt of the notice with a reasonable opportunity to examine the Products. In all cases, Syngenta shall not be held liable under the abovementioned conditions if (i) the Buyer has not used the Products in the ordinary course of business (in accordance with Condition 6 above), (ii) has modified them in any way whatsoever, (iii) has not stored, kept and handled them so as to ensure that they remain in a good state of conservation and/or (iv) if the defects did not exist at the time of Delivery. 11.6 If the Products have been delivered showing visible defects and (i) the Buyer has notified Syngenta following the relevant conditions set forth in this Condition 11 and (ii) the Buyer has provided Syngenta after receipt of the notice with a reasonable opportunity to examine the Products, Syngenta shall be entitled at its option to either replace the Products (or the defective part) free of charge or, if the Products have already been paid for, refund the price of such Products (or a proportionate part thereon by issuing a credit note at the pro-rata Contract rate. 11.7 In the event of a lasting dispute between the parties with regard to the germination capacity, the pedigree, the purity of the race and/or the tech- nical purity, a (re) inspection can be carried out by the NAK Tuinbouw, which has its offices in Roelofsarendsveen, the Netherlands, at the request of one of the Parties, for the account of the Party found to be in error. The results of this (re) inspection shall be binding for both Parties, without prejudice to the parties' right to submit disputes regarding the consequences of such results to the institutions mentioned in the Condition 17. 12. Exclusion. Limitation of Liability and Indemnification. 12.1 The following provisions of this Condition 12 and Conditions 11 and 3 set out the entire liability of Syngenta (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of: (i) any breach of these General Conditions of Sale; and (ii) any representation, statement, tortious act or omission, or negligence, arising under or in connection with the Contract. 12.2 The Buyer shall mitigate any and all loss and damage in relation to which the Buyer lodges a claim against Syngenta under the Contract. 12.3 All warranties, conditions and other terms implied by statute or law are excluded from the Contract as far as legally possible. 12.4 Subject to maximum extent permitted under applicable law: (i) Syngenta's total liability in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise, arising in connec- tion with the performance or contemplated performance of the Contract shall be limited to the Contract value (net of value added tax); and (ii) Syngenta shall not be liable to the Buyer by reason of any representation or any implied warranty, condition or other term or any duty at law or under the express terms of the Contract for any indirect, consequential, incidental or special loss or damage, costs, expenses (whether or not Syngenta has been advised of the possibility of such loss, damages, costs or expenses), or any claims for consequential compensation, howsoever caused (including without limitation caused by the negligence of Syngenta or its employees, Affiliates, agents or sub-contractors), which arise out of or in connection with the Contract; (iii) Syngenta shall not be liable to the Buyer for any loss of profit, loss of business, loss of business opportunity, loss of revenue, depletion of goodwill howsoever caused (including without limitation caused by the negligence of Syngenta or its employees, Affiliates, agents or sub-con- tractors), which arises out of or in connection with the Contract. 12.5 The Buyer shall hold harmless and indemnify Syngenta against any and all claims of third parties for damages which have been caused by or are otherwise connected with any Products delivered by Syngenta, including, without limitation, claims made against Syngenta in its capacity as producer of the Products pursuant to product liability, unless such damage is caused by gross negligence or wilful misconduct on the part of Syngenta. The Buyer undertakes to subscribe to and maintain an appropriate insurance against claims arising from the indemnification provided for in this Condition 12.5, and an insurance certificate shall be submitted to Syngenta at Syngenta's first request. 12.6 All information given in Syngenta's catalogue or otherwise provided by Syngenta, or by any agent or representative on Syngenta's behalf, rela- ting to the Products, including but not limited to varieties, varietal characteristics or periods of maturity or otherwise relating to the performance of the Products and cultivation advice, is given for general guidance only. Buyer agrees that any information so given or provided does not constitute a representation or warranty by Syngenta as to any matter and shall not be relied on as such. The Buyer itself shall assess whether the Products and/or information is suitable for application to the envisaged cultivation respectively under local conditions. 12.8 Each possible claim regarding compensation for damages pursuant the Contract expires, if and as soon as one year has passed since the delivery of the Products in question when the claim has not been submitted to Syngenta in writing. 13. Stewardship The Buyer agrees to (i) engage only properly instructed, qualified personnel with the appropriate handling of the Products and to (ii) follow at all times applicable safe use and disposal practices as recommended by Syngenta or international organizations, and (iii) use the Products only for their intended purposes. 14. Compliance with applicable Laws The Buyer confirms that it will at all times comply with applicable local and international laws, sanctions and regulations. 15. Force Ma jeure 15.1 Syngenta shall not be liable to the Buyer in any manner or deemed in breach of the Contract because of any delay in performing or any failure to perform any of Syngenta's obligations under the Contract if the delay or failure was due, or in response to a Force Majeure event. Force Majeure means any cause beyond Syngenta's or its contractor's reasonable control, that could not, or which effects could not have been reasonably prevented. For instance, the total demand for Products exceeding for any reason Syngenta's total available supply through its normal sourcing arrangements shall be interpreted as a Force Majeure event. 15.2 Syngenta shall notify the Buyer as soon as possible if Syngenta is unable to deliver or unable to deliver in a timely manner due to Force Majeure. 15.3 If the situation of Force Majeure continues for more than two (2) months and the Parties have not agreed on a change to the Contract, both Parties shall have the right to dissolve the Contract. In such instances Syngenta shall not liable to pay any damages. 16. Confidentiality The Buyer shall hold in strict confidence any and all information about the Products, the know-how and trade secrets of Syngenta and its business, irrespective whether the source of such information has been Syngenta or one of its Affiliates or a third party, or whether such information was found, developed, or generated by the Buyer itself. In particular and without limitation to the foregoing, turnover figures (notwithstanding Condition 9.3(iv)) and measures for sales promotion shall not be communicated to third parties. The Buyer shall ensure that its own buyers comply with the obligations set out in this Condition 16. This Condition 16 will not apply to information that is in the public domain except where this is as a result of any breach of this Condition 16. 17. Applicable Law Any Contract between Syngenta and the Buyer shall be governed by law of the Netherlands. The competent Court of Amsterdam or, at Syngenta's discretion, any other competent court according to applicable law, is exclusively competent. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Conditions. 18. Severability Any provision of the Contract and/or the Conditions which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasona- ble (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of the Contract and/or the Conditions and the remainder of such provision shall not be affected. Syngenta and the Buyer shall in that case use their best efforts to negotiate valid and enforceable substitute provisions and/or the Conditions for those declared invalid or unenforceable, in order to carry out as far as possible the original intent and the purpose of the Contract and/or the Conditions. 19. Protection of personal data In the performance of any offer or agreement between the Parties, each Party will comply with data protection law ("Data Protection Law"), if and to the extent that the processing of personal data plays a role. For the purposes of this Condition, Data Protection Law means laws, provisions, regulations (including but not limited to General Data Protection Regulation (Regulation (EU) 2016/679), AVG), and - to the extent that they are generally binding - precedents, rules, standards and other similar instruments, as applicable to a Party's data processing.
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