TERMS AND CONDITIONS
Terms of trade
Please find below our terms of trade. Should you have any questions, please feel free to contact us.
Credits and claims policy Due to the perishable nature of our product, you may experience an occasional problem with your shipment.
If for any reason this should occur, please refer and adhere to the following guidelines, policies and procedures. They will be strictly enforced.
- All flowers must be inspected upon arrival.
- Report any problems that may lead to a credit request to your account representative by telephone but also and in writing (email or fax) within 24 hours of arrival.
- Never discard, throw away, or destroy problem flowers. We often request that problem flowers are sent elsewhere (at our expense and by carrier of our choice) for examination. The purpose of this measure is to assist us in providing our growers with as much information as possible on the problem product. Please gather all unusable product and have it ready for shipment if we request for it to be sent elsewhere. Please use original boxes, labels, sleeves and/or cartons.
- Please try to provide your account representative with as many of the following details as possible: invoice number, shipping date from Tuning BV, carrier, Airway bill number and trucking-company. Please report the number of stems, bunches or units that are unusable. (We ask that you try to salvage the usable flowers that are within the problem boxes.) Please try to be as specific as possible when describing (in writing by e-mail or fax) the problem with your account representative. The more information we have to forward to the grower the easier it will be to identify and correct the problem.
- You must submit a credit request letter or form confirming the problem no later then 72 hours after product arrival. The letter or form must have all relevant information on it.
- If we sell you ex warehouse or free on board transportation delays, box shortages, box damage and heating caused by carriers are the responsibility of your chosen freight or air carrier. Please direct all such claims to the carrier. Tuning BV cannot be liable for third party negligence.
In consideration for the extension of credit by Tuning BV, the following terms and conditions are hereby agreed to unless otherwise agreed to by the parties prior to a purchase:
- All amounts shall be payable as agreed and as stated on all our invoices.
- A charge of 1.5% per month (18% per annum), or the maximum allowed by law, will be added to all accounts past due.
- In the event that any accounts are submitted for collection, the undersigned is obliged to pay the outstanding obligation, plus all collection costs including attorneys’ fees and costs.
- If the undersigned is a corporation or partnership, the person signing this agreement on behalf of such corporation or partnership hereby warrants that he or she has full authority to sign this agreement and obligates the corporation or partnership here under.
All business is undertaken subject to the most recent version of the General Terms for the Wholesale Trade in Floricultural Products as drawn up by the Vereniging van Groothandelaren in Bloemkwekerijproducten (VGB, The Association of Dutch Wholesalers in Floricultural Products) and filed with the Chamber of Commerce and Industries at the Hague, the Netherlands under No. 1130. A copy of these General Terms will be forwarded on first request. In consideration of your extending credit, the undersigned, jointly, severally, continuously and unconditionally guarantees payment when due, of any and all present of future indebtedness owed to Tuning BV by applicant and agrees to pay such indebtedness if default in the payment thereof be made by the debtor. This guarantee extends to and includes any and all interest due or to become due together with any and all costs and expenses, including but not limited to collection agency fees, attorney fees and court costs by W. Tuning bloemenexport B.V.