At a glance the entire Poinsettia collection of Syngenta Flowers.
Poinsettia
Red in your greenhouse, red at retail, red at home with Mirage Stealing the hearts of consumers in the holiday season; assuring your greenhouse is filled year round. At Syngenta Flowers we have a complete Fairtrade certified Poinsettia assortment that fits both your needs as well as the retailer and end- consumer. Take Mirage, a true star that meets the requirements of many greenhouse conditions, is easy to grow in all pot sizes and therefore a perfect grower solution. At the same time, this beauty has stunning red bracts and loads of ciathia which have long shelf life. Moreover, Mirage needs little to no growth regulators. Mirage has that perfect red shine starting in your greenhouse, in store at the retailer all the way at people’s homes. If your market is looking for a true, sustainable Christmas Star that is worry-free for your production then this is your pick. Besides Mirage, in this catalogue you can find established names such as Mira and Mars. We are excited to introduce the Toro Red, a luxury star bred for larger pots and South Europe. To complete our assortment, we offer specialties like Roccostar Bright Red and Superba New Glitter to offer you a one stop shop experience. The way to your success starts with healthy and strong cuttings and young plants. We are ready to deliver the best cuttings and young plants to you every day, so that you can take the first step towards a good result. From the selection of the best crop and along the way during your production we offer you expert advice,
Legenda
since the nature of the production of this crop requires the right attention. We are pleased to be able to offer this to you.
New varieties or colours
Top Seller
Award Winner
Improved
In all that we do, we want to make sure that our core values are respected and shine through:
Product forms
Production & use
Passion for customers – we bring products, services and solutions that customers value
Pot size (cm)
Use Mini
Jiffy/paper pot Available as Jiffy/paper pot
Long view – we aim at strengthening the industry for the future, economically, environmentally and socially
Quickstep ® Available as Quickstep ®
Use Midi
Height
Growth for all – for our customer, our employees, communities and industry partners; we share the value we create Determined execution – we are disciplined, focused and keep it simple; we are accountable and find a way to deliver
Use Standard
URC Available as unrooted cuttings
Flowering months
Greenhouse performance 1 = compact / 5 = vigorous
Use Tree/Pyramid
Licence fee
Earliness 1 = early / 5 = late
Stem length 1 = Short / 5 = Long
Flower colour
How matters – we are transparent in what we do; we foster diversity and inclusion.
Flower size 1 = Small / 5 = Large
Flower type
Response time
From all of us at Syngenta Flowers, we thank you for your business and we look forward to continuing to work together in a successful partnership with you in the forthcoming years.
Temperature
Suitable for South
We wish you a great season!
Mark Schermer Head of Syngenta Flowers
2
3
Table of content
Welcome Legend Young Plant Production Poinsettias Product information General terms and condition Calendar
02 03 06 08 23 25 26
Poinsettia Mirage Toro Alaska Superba Roccostar
10 12 12 13 13 14 16 17 17 18 18 19 20 21 22
Mars Titan Magma Lyra
Neva Vega Mira ® Cortez ® Candy Early Millennium ®
4
5
The Team
Sales Manager Nordiccs
Customer Service
General contact details Tel +31 (0) 174 534 271 Fax +31 (0) 174 534 280
Jesper Frandsen +45 (0) 244 017 42 jesper.frandsen@syngenta.com
Radha Sukdeo Customer Service Agent Distributors radha.sukdeo@syngenta.com
Area Managers
Magnus Nilsson +46 (0) 706 469 446 magnus.nilsson@syngenta.com
Veneta Andersen Customer Service Agent veneta.andersen@syngenta.com
Thorbjorn Persson +46 (0) 768 921 231 thorbjorn.persson@syngenta.com
Carla Hodge Customer Service Agent carla.hodge@syngenta.com
Pernille Ratjen +45 (0) 293 710 96 Pernille.Viborg_Ratjen@syngenta.com
Tineke van der Kooij Customer Service Agent tinekevander.kooij@syngenta.com
Oy Schetelig +358 9852 061 info@schetelig.com Exclusive Distributor Finlands
Marketing
Kevin Menting Regional Marketing Associate +49 (0) 172 202 6370 Kevin.Menting@syngenta.com
Exclusive Distributor Norway
Technical Specialists
Blomsterringen Engros AS + 47 (0) 679 814 00 ungplanter@blomsterringen.no
SWEDEN
Lennart Johnsen +31 (0) 620 397 879 lennart.johnsen@syngenta.com
FINLAND
NORWAY
DENMARK
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Poinsettias to suit all your customers’ needs
Our extensive, top-quality range of poinsettias offers you the greatest flexibility in growing and marketing these desirable pot plants. Our choice of varieties, pot sizes, plant habit and temperature requirements allow you to maximise consumer interest and your selling season. The selection we offer includes recent award winners to ensure you offer first-rate new varieties that will appeal to your customers.
Poinsettia potting weeks
June October Week 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 July August September
Standard Varieties
Response time (weeks)
Cultivationtemperature
PGR need
Mirage Red
7 8
17°C 17°C 18°C 17°C 17°C 17°C 17°C 17°C 17°C 17°C 17°C 17°C 19°C 18°C 18°C 18°C 17°C 17°C 17°C 17°C 17°C 17°C 17°C 18°C 17°C 17°C 17°C 17°C 17°C 17°C 17°C 19°C 18°C 18°C 18°C 17°C 17°C 17°C 17°C 17°C 17°C 18°C 17°C 17°C 17°C 17°C 17°C 19°C 18°C 18°C 16°C 17°C 17°C 17°C
Low
Toro Red
Standard/High
Mars Improved
7.5 6.5 8.5 7.5
High
Titan Red
Standard Standard Standard Standard
Magma Red
Lyra Neva
8 7 7 7 7
Vega Red Mira ® Red Cortez ® Red
Low
Standard Standard Standard
Christmasfeeling midi
Christmasfeeling standard
Cortez ® Electric Fire
Mars midi Titan midi
Mars standard Titan standard
Early Millenium ®
5.5
High
Special Colours
Christmasfeeling midi
Christmasfeeling standard
Alaska White
8
High
Mars midi Titan midi
Mars standard Titan standard
Superba New Glitter
7.5
Standard
Roccostar Red
8
High High
Christmasfeeling midi
Christmasfeeling standard
Mars midi Titan midi
Mars standard Titan standard
Mars White / Marble / Pink
7.5
Mira ® White / Pink Cortez ® Burgundy Candy Cinnamon
7
Standard Standard Standard
7.5
Cortez midi Novia midi
Cortez standard Novia standard
7 7
Candy Cane Candy Mint
Low
Cortez midi Novia midi
Cortez standard Novia standard
6.5
Standard
Standard Varieties Midi
Mirage Red
7 8
Low
Cortez midi Novia midi
Cortez standard Novia standard
Toro Red
Standard/High
Mars Improved
7.5 6.5 8.5 7.5
High
Titan Red
Standard
Mira midi
Mira standard Red Elf standard
Red Elf midi
Magma Red
Low
Lyra
Standard
Mira midi
Mira standard Red Elf standard
Red Elf midi
Vega Red Mira ® Red Cortez ® Red
7 7 7 7
Low
Standard Standard Standard
mini
Mira midi
Mira standard Red Elf standard
midi standard
Red Elf midi
Cortez ® Electric Fire
Special Colours Midi
Christmasfeeling mini
Christmasfeeling midi
Christmasfeeling standard
Mars mini Titan mini
Mars midi Titan midi Alaska White
Mars standard Titan standard
8
High
Superba New Glitter
7.5
Standard
Roccostar Red
8
High High
Mars White / Marble / Pink
7.5
Mira ® White / Pink Cortez ® Burgundy Candy Cinnamon
7
Standard Standard Standard
7.5
7 7
mini
Cortez midi Novia midi Candy Mint Candy Cane
Low
midi standard
6.5
Standard
Christmasfeeling mini
Christmasfeeling midi Cortez mini
Christmasfeeling standard
Cortez standard Novia standard
Mars mini Titan mini
Mars midi Titan midi Novia mini
Mars standard Titan standard
Standard Varieties Mini
Mirage Red
7
Low High Low
Mars Improved
7.5 8.5 7.5
Magma Red
mini
Lyra Neva
Standard Standard
midi standard
8 7 7
mini midi standard
Mira midi Mira ® Red Vega Red Christmasfeeling midi Mars midi Titan midi
Low Low
Christmasfeeling mini
Christmasfeeling standard
Mars mini Titan mini
Mars standard Titan standard
Cortez midi Novia midi Red Elf mini Mira mini
Mira standard Red Elf standard
Cortez mini Novia mini
Cortez standard Novia standard
Special Colours Mini
Red Elf midi
Alaska White
8
High
Superba New Glitter
7.5
Standard
Roccostar Red
8 7 7 7
High
Mira ® White / Pink Candy Cinnamon
Standard Standard
mini
Cortez midi Novia midi Candy Mint Candy Cane
Low
midi standard
Cortez mini Novia mini
Cortez standard Novia standard
6.5
Standard
Mira mini
Mira midi
Mira standard Red Elf standard
Red Elf mini
Red Elf midi
Mini pinched will be 1 week earlier
Main potting weeks
mini midi standard
Mira mini
Mira midi
Mira standard Red Elf standard
Red Elf mini
Red Elf midi
8
Poinsettias
Poinsettia potting weeks
9
Kuivenhoven
EUPHORB I A PULCHERR IMA
Mirage
In 2018 we trialed Mirage for the first time. In 2019 we have exchanged the complete red poinsettia assortment by Mirage.
• The perfect Allrounder • Compact to medium habit, ideal for the most used potzises, space efficient and grower friendly variety • Vibrant red bracts with long-lasting cyathia • Low or non PGR requirement depending on culture • Big cyathia
“Mirage is the ideal Christmas star for growers and consumers.”
Mirage has a compact growth, is growing slowly, requires little PGR and has a beautiful V-shape. The intense red colour is eye-catching. It is for sure one of the most striking colours on the market. In addition, Mirage has less stretching in short day, gives little failure, has a great shelf life and beautiful cyathia. It is an easy and strong plant. Mirage is the ideal Christmas star for grower and consumer.
7
1
17°C
What is also characteristic for Mirage is the little need of PGR. We spray on average 80% less PGR on Mirage than on other varieties.
Red
Jordy Zwinkels Kuivenhoven Poeldijk BV, The Netherlands
Product forms
Production
Variety
Breeder
Patent name
Mirage Red
Syngenta Flowers EURZ0009
7
1
17°C
-
✓
✓ ✓
✓
✓
✓
✓
✓
Mirage is one of our best red varieties because the plant builds up harmoniously with a very good branching and strong roots. This variety has a great benefit because we can universally applicable it for a 6 cm mini till a 17 cm bush. Cramer Jungpflanzen
invest in this variety for the next few years as well, with ever-increasing numbers. The Mirage has many strengths: V-shaped bearing, very robust stem (even when grown in a 16 cm pot it does not need elastic), very easy to bag. It branches out very well, the color is a nice RED, very pleasant. It’s the exactly tight precocity for our Sicily, it does not defoliate even if cultivated at high density per sqm. The shelf life is excellent. And last but not least, the use of plant growth regulators on this plant is almost zero.
"There is only very less need to use PGR and it has one of the best attractive bright red bract colors with very nice and long lasting cyathia."
We have a large production of poinsettias, and we always try to improve ourselves by looking for better alternatives to the varieties we grow. 3 years ago, we tried Mirage and we immediately realized that Mirage met our needs, so we wanted to Florguarino
Francesco Guarino Florguarino, Italy
Martin & Alexander Cramer Cramer Jungpflanzen, Germany
10
Euphorbia pulcherrima
Euphorbia pulcherrima
11
EUPHORB I A PULCHERR IMA
EUPHORB I A PULCHERR IMA
Toro
Superba
• 8 wks reaction time • Bred for South Europe • V shape
• Red-White spots • Broad spotted bracts
• Fits together with most reds in culture • Note: can contain ~3-5% mutants!
• Vigorous growth • Warm red color • Big bracts • Healthy cyathia
7,5
3
18°C
8
4
17°C
Red
New Glitter
Product forms
Production
Product forms
Production
Variety
Breeder
Patent name
Variety
Breeder
Patent name
Toro Red
Superba New Glitter Lazzeri
Syngenta Flowers
8
4
17°C -
Pending
7,5
3
18°C
✓
✓ ✓
✓
✓
✓
✓
✓
✓
✓ ✓
✓
✓
✓
✓
✓
✓
EUPHORB I A PULCHERR IMA
EUPHORB I A PULCHERR IMA Roccostar
Alaska • Most white in the market • Suitable for all potsizes • Vigorous healthy growth • Oak leaf shape bracts
• Best fringed red in the market • Strong growth • Has a rather long finish • Good and healthy cyathias • Very suitable for 1 stem high density • Requires a strong fertilization
8
4
19°C
8
4
18°C
White
Bright Red
Product forms
Production
Product forms
Production
Variety
Breeder
Patent name
Variety
Breeder
Patent name
Alaska White
Roccostar Bright Red Lazzeri
Lazzeri
LAZZPO1319
8
4
19°C
Pending
8
4
18°C
✓
✓ ✓
✓
✓
✓
✓
✓
✓
✓
✓ ✓
✓
✓
✓
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✓
12
Euphorbia pulcherrima
Euphorbia pulcherrima
13
EUPHORB I A PULCHERR IMA
Mars • V-shaped habit • Easy to sleeve • Great bright red colour • Strong ciathias • Excellent shelf life
7,5
4
18°C
Improved
Marble
White
Pink
Product forms
Production
Product forms
Production
Variety
Breeder
Patent name
Variety
Breeder
Patent name
Mars Improved
Mars Marble
Syngenta Flowers FISMARS339 Syngenta Flowers FISMARSCREME
7,5 7,5
4 4
18°C 18°C
Syngenta Flowers FISMARSMARBLE Syngenta Flowers FISMARSPINK
7,5 7,5
4 4
18°C 18°C
✓
✓ ✓
✓
✓
✓
✓
✓
✓
✓
✓ ✓
✓
✓
✓
✓
✓
✓
Mars White
Mars Pink
✓
✓ ✓
✓
✓
✓
✓
✓
✓
✓
✓ ✓
✓
✓
✓
✓
✓
✓
14
Euphorbia pulcherrima
Euphorbia pulcherrima
15
EUPHORB I A PULCHERR IMA
EUPHORB I A PULCHERR IMA
Titan
Magma
• V-shaped habit and strong root system • Reliable variety - high percentage sellable plants
• Very little use of PGR needed • V-shaped habit and strong root system • Reliable variety – high percentage of sellable plants • Easy to sleeve • Good shelf life • Magma is a late finisher perfect for close to X-mas
• Early flowering • Easy to sleeve • Extremely good shelf life
6,5
4
17°C
8,5
2
17°C
Red
Red
Product forms
Production
Product forms
Production
Variety
Breeder
Patent name
Variety
Breeder
Patent name
Titan Red Titan White
Magma Red
Syngenta Flowers SYEP22432 Syngenta Flowers EURZ0002
6,5 6,5
4 4
17°C 17°C
Syngenta Flowers EURZ0004
8,5
2
17°C
-
✓
✓ ✓
✓
✓
✓
✓
✓
✓
✓
✓ ✓
✓
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✓
✓
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✓ ✓
✓
✓
✓
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✓
EUPHORB I A PULCHERR IMA
Lyra
• Attractive, clear red colour • Beautiful classical bract shape, retains cyathia well
• Upright, V-shaped habit with exceptionally strong stems and excellent heat tolerance • Suitable for all pot sizes • Vigorous growth
7,5
3
17°C
Red
Product forms
Production
Variety
Breeder
Patent name
Lyra Red
Syngenta Flowers EURZ0012
7,5
3
17°C
-
✓
✓ ✓
✓
✓
✓
✓
✓
16
Euphorbia pulcherrima
17
EUPHORB I A PULCHERR IMA Neva • Marked V-shaped habit • Suitable for high density • Easy to sleeve • Suitable for south • Perfect for natural shortday production
EUPHORB I A PULCHERR IMA
Mira ®
• V-shape habit • Nicely serrated bracts above dark green leaves • Easy to sleeve • Very good shelf life
7
3
17°C
8
3
17°C
Red
Red
Product forms
Production
Variety
Breeder
Patent name
Neva Red
Syngenta Flowers SYEP23203
8
3
17°C
-
✓
✓ ✓
✓
✓
✓
✓
✓
EUPHORB I A PULCHERR IMA
Vega
• Strong V-shape • Showy bracts • Vigorous growth • Suitable for high density • Illuminating red color
White
7
4
17°C
Red
Pink
Product forms
Production
Variety
Breeder
Patent name
Product forms
Production
Mira ® Red Mira ® White Mira ® Pink
Syngenta Flowers FISMIRED Syngenta Flowers FISMIRWHI Syngenta Flowers FISMIRPINK
7 7 7
3 3 3
17°C 17°C 17°C
- - -
✓
✓ ✓
✓
✓
✓
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✓
Variety
Breeder
Patent name
✓
✓ ✓
✓
✓
✓
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✓
Vega Red
Syngenta Flowers EURZ0010
-
7
4
17°C
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓ ✓
✓
✓
✓
✓
✓
18
Euphorbia pulcherrima
Euphorbia pulcherrima
19
EUPHORB I A PULCHERR IMA
EUPHORB I A PULCHERR IMA
Cortez ®
Candy
• Nice formed well balanced bracts • Very uniform growth habit • Exceptionally long shelf life • Special colours: Electric Fire and Burgundy
• Unique colours • Healthy root system • Early
• Fits the most standard red varieties with a reaction time of 6,5-7,5 weeks
7 - 7,5
3
17°C
6,5 - 7,5
3
17°C
Red
Cinnamon
Electric Fire
Mint
Burgundy
Cane
Product forms
Production
Product forms
Production
Variety
Breeder
Patent name
Variety
Breeder
Patent name
Cortez ® Red
Candy Cinnamon
Syngenta Flowers FISEARLTEZ
- - -
7 7
3 3 3
17°C 17°C 17°C
Syngenta Flowers EURZ0018 Syngenta Flowers EURZ0014 Syngenta Flowers EURZ0015
- - -
7,5 6,5
3 3 3
17°C -
-
✓
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Cortez ® Electric Fire Syngenta Flowers FISCORELECTRIC
Candy Mint Candy Cane
17°C
✓
✓
✓
✓
✓
✓
✓
✓
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Cortez ® Burgundy
7
17°C -
-
Syngenta Flowers KAMPBURGUNDY
7,5
✓
✓
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20
Euphorbia pulcherrima
Euphorbia pulcherrima
21
EUPHORB I A PULCHERR IMA Early Millennium ®
Syngenta® Flowers Poinsettias
• Upright growth habit • Heat tolerant • Extremely strong root system
5,5
4
17°C
Proven and established product forms! As well as using first-class varieties, choosing the appropriate product form is essential for successful cultivation. Syngenta ® Flowers offers personalised solutions that meet individual requirements.
Millennium ®
Product forms
Production
Variety
Breeder
Patent name
Early Millennium ®
Syngenta Flowers FISMILLERL
-
5,5
4
17°C -
✓
✓
✓
✓
✓
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✓
All unrooted cuttings are shipped straight from our southern mother stock facilities. These healthy cuttings are characterised by consistently high uniformity and quality. A special profile for mini poinsettias is available on request. URC (103)
High-quality, reliable young plants are your guarantee for a good start and a perfectly shaped, finished plant. They are offered in jiffy or paper pots, depending on the region where they are to be sold. Proven over the years and always a good choice! Jiffy/Paperpot (103)
Quickstep ® (208)
The original Quickstep ® 208 is produced at our own mother stock facilities. Coming in a 2 cm paper pot it is very easy to transplant.
22
Product information
23
GENERAL CONDITIONS OF SALE OF SYNGENTA SEEDS B.V.
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 comparable 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 (Incoterms 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 bank- rupt, (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 reconstruction 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 recon- struction 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, root- stocks, 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 (I.S.F.) terms and definitions describing the reaction of plants to pests and pathogens and to abiotic stress- es 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 I.S.F. applies. 2. Orders 2.1 S yngenta 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 E xcept 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 T he 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 A ll 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 N o 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 A ny dates specified by Syngenta for Delivery of the Products are approximate only and do not constitute a deadline. 3.2 T he 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 A ny 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 S yngenta 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 R eturn 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 arrangements, S yngenta 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 Y oung 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 under- takes 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 T he 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 T he 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 T he 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 S yngenta 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 E ach 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 T he 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 de- fault. 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 W ithout 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 S yngenta 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 O wnership 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 obliga- tions 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 P roducts delivered by Syngenta, covered by the retention of title pursuant to Condition 5.1, can only be resold or used in the framework of ordinary 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 T he risk of damage to or loss of the Products shall be borne exclusively by the Buyer as from their Delivery. 5.4 F or 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 T he 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 characterization 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 T he 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 excep- tion 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 T he 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 P roducts 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 S yngenta 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 T he 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 A ny 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 A ny 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 S yngenta 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 thereof) 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 technical 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 T he 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 connection 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 good- will howsoever caused (including without limitation caused by the negligence of Syngenta or its employees, Affiliates, agents or sub-contractors), which arises out of or in connection with the Contract. 12.5 T he 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 A ll information given in Syngenta’s catalogue or otherwise provided by Syngenta, or by any agent or representative on Syngenta’s behalf, relating 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 E ach 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 Majeure 15.1 S yngenta 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 S yngenta 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 unreasonable (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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