Preamble: These sales conditions comply with professional standards and national and international practices. They expressly apply, in the absence of specific agreements, to all sales, particularly those made to horticulturists, market gardeners, vegetable producers, plant producers, nurserymen, processors, communities, groups, and resellers. By placing an order, the buyer accepts the entirety of our general sales conditions as published in our catalogs or any other commercial document from our company, notwithstanding any contrary stipulations in the buyer's general purchasing conditions, letterhead, or other commercial documents.
Objective and territorial scope of application: These conditions apply to seeds produced and sold by YUKSEL or any of its subsidiaries in any country in the world.
Subjective scope of application: Our seeds are intended for professionals, who must act with reasonable care in their activity. It is the responsibility of the buyer to ensure the suitability of the goods for their needs and to verify the correct adaptation of the requested variety to the operating conditions of their farm (soil, water, climate, altitude, planting frame, etc.).
Orders: Orders must be placed at least one month in advance, in order to properly plan the production of the ordered seeds requested by the customer.
YUKSEL will confirm the order, indicating its availability and will fulfil the orders according to the accepted quantities of each variety of seed.
In the event of production problems, YUKSEL will immediately notify the customer, offering partial delivery or a replacement varieties. In the event of a lack of response from the customer, the customer will not be able to claim any compensation for non-delivery or delays in delivery.
Should the Buyer cancel any order accepted by the Seller, the Seller shall be entitled to charge the Buyer a liquidated sum of damages equal to 40% of the total order as compensation for the loss to the Seller arising out of such cancellation.
Force Majeure: Orders will be executed unless there is a case of force majeure. Examples of force majeure include, but are not limited to: acts of war, strikes, accidents, epidemics, and fires affecting any businesses involved in the production and distribution of seeds, as well as weather disturbances and cultural accidents affecting the quantity and quality of the products sold.
Shipping: Every Order will define the complete address and shipping instructions accurately. We disclaim all responsibility for errors arising from a lack of information. Our goods are sold unshipped, taken from our warehouses, and travel at the recipient's risk, even when shipped freight prepaid, regardless of the mode of transport. In case of loss, damage, shortage, or delay, the transport services are solely responsible. The recipient must formulate any reservations on the carrier’s receipt and confirm their reservations by registered letter with acknowledgement of receipt sent within three days of receiving the goods. However, we remain available to assist our clients with their claims and help in their inquiries.
Return of Goods: For any reason, we do not accept returns without prior written agreement from us. In all cases, returned goods must be shipped prepaid and presented in their original packaging intact.
Prices and Payment: The prices of our seeds are periodically established and quoted excluding taxes and packaging. They may be modified at any time based on changes in economic conditions, which will be communicated to the customers in a timely manner or in the website. Prices and commercial terms are subject to annual revision, and any continued ordering after such revisions shall constitute acceptance thereof.
Unless stated otherwise, all applicable taxes, duties, transport costs, insurance, documents, certificates, authorizations, analysis fees, banking fees, and packaging costs are charged separately on the invoice issued by the seller.
Unless a signed payment term contract exists between Yuksel Seeds Türkiye and the buyer, all our goods are payable within 60 days net from the date of shipment, in accordance with the law in force.
For buyers who have had payment incidents or for whom unfavorable information about their solvency exists, any order will only be delivered against payment or prepaid. This measure also applies to all new buyers unless a justified derogation based on favorable information about the buyer's solvency is provided. The failure to pay a single bill or invoice on its due date will make all debts immediately payable, even if not yet due, and will automatically lead to the suspension of all ongoing orders without prejudice to any course of action.
In the event of the buyer's failure to comply with one or more obligations under the contract and the conditions, all legal costs or others related to obtaining payment will be borne by the buyer, including any interest due in relation to such costs.
Retention of Title: The seller expressly reserves ownership of the delivered goods until full payment of the price is made. In this respect, the delivery of bills or titles creating a payment obligation does not constitute payment under this provision. The buyer is authorized, in the normal operation of their establishment, to resell the delivered goods, but not to export them to third countries without prior authorization from YUKSEL, nor to pledge them, nor to transfer ownership as security. In the event of resale by the buyer, they assign to the seller all receivables arising from the resale to the third-party buyer and must include this limitation in his sales contract. The resale authorization is automatically revoked in case of default. In the event of seizure or any other intervention by a third party, the buyer must immediately notify the seller and will bear the risk of any losses, including loss or destruction, from the delivery of the goods. They will also bear the insurance costs. If the goods have been sown, the seller may claim compensation based on the price of the harvest.
Intellectual Property: Unless prior written and explicit authorization is given by the seller, the buyer is prohibited, both in their own name and on behalf of their clients, from filing, registering, and more generally obtaining any protection on varieties, trademarks, distinctive signs, trade names, patents, domain names, know-how, designs and models, copyrights, or any other intellectual or industrial property right that belongs to the seller or that the seller exploits or uses in the course of its business. Any breach of this clause will result in a penalty of USD 500,000, without prejudice to any applicable damages. The Seller reserves the right to seek injunctive relief in any jurisdiction to immediately stop any ongoing or threatened infringement of intellectual property rights.
Protected Varieties: Reproduction and/or use of protected varieties or registered trademarks or any intellectual property titles is strictly prohibited without the express written consent of the breeder and/or the owner. Protected varieties may only be used for the sale of finished products. The buyer expressly undertakes not to unpack the seeds sold under original packaging for the purpose of repackaging or resale in opened containers. The buyer agrees to enforce this obligation with their own clients. Failure to comply with this obligation invalidates any warranty on the products and avoids any claim on them.
Warranties: YUKSEL complies with international UPOV, ISTA and IPPC regulations. Thanks to our extensive experience in research and development, we only produce high-quality seeds that are proven to comply with international commercial standards and regulations.
However, the results obtained from the cultivation of our seeds depend on factors beyond our control and responsibility, which are difficult or impossible to evaluate or predict and may vary depending on the region, the ecosystem, agronomic and atmospheric conditions, cultivation techniques and operations, etc.
All information provided by the Seller regarding the products and their performance, whether oral or written, is given in good faith. Advice and suggestions provided by YUKSEL regarding cultivation practices, growth cycles and earliness are for informational purposes only and do not constitute contractual commitments or guarantees regarding crop performance or suitability. The customer must exercise reasonable care and ensure that the seeds are suitable for his needs and the operating conditions of his farm.
Any guarantee is invalidated in the event of repackaging or resale in opened containers, or of operations of classification, calibration, coating or treatment of the seeds in any way.
The seller's guarantee in the event of recognized and proven errors is limited to the total amount of the products supplied, including the justified costs arising from the return of the goods.
The Seller shall not be liable for any indirect, incidental, or consequential damages including loss of profits, business interruption, or reputational harm.”
Control of Export Liabilities: The Buyer is required to comply with all applicable economic sanctions and export control laws and regulations, including those that may only apply to the Seller, such as those of the EU and its Members or the United States. If the Seller believes that a law or regulation renders the performance of its obligations impossible or illegal, the Seller shall have the right to refuse an order or terminate the Contract immediately without any liability to the Seller.
Diseases in Plants: It is possible for plant diseases to be transmitted by wind, humans, animals or insects, and may be soil-borne or seed-borne. While the seller has used reasonable efforts to satisfy itself that the seeds are disease-free, it is not possible for Seller to warrant that the seeds are disease-free.
Claims: Our goods are delivered in sealed packaging bearing our brand, and no claims will be accepted after the standard analysis periods:
- For external appearance and specific purity within 12 days after the arrival of the goods.
- For germination ability within 45 days following the receipt of the goods.
- For authenticity and varietal purity within the normal sowing and control periods immediately following the delivery date.
Any goods delivered in accordance with the order received cannot be returned or exchanged under any circumstances.
Storage Conditions and Recommendations for Plant Seed Preservation: Store unprimed seeds at a temperature of 15 °C in sealed packaging. We recommend not storing seeds at temperatures above 15 °C, as this negatively affects their shelf life.
No primed seeds may include untreated seeds, treated with fungicide/insecticide, or coated seeds, as well as disinfected seeds (e.g., treated with chlorine), pelleted, or primed seeds.
Always store primed seeds at a temperature of 4 °C in sealed packaging.
Primed seeds are pre-germinated seeds. All forms of seeds, such as treated or coated seeds, pelleted or primed seeds in combination with priming, must always be stored at 4 °C. When there is sufficient storage capacity available in the 4 °C storage area, we recommend storing, in addition to primed seeds, first pelleted unprimed seeds, then disinfected unprimed seeds, and finally all other remaining seed forms.
Packaging: The seeds may only be offered for sale and sold under the Seller's trademark and in their original packaging. Any alterations to the composition or presentation of the goods are prohibited, which voids any warranty and may give rise to a claim for damages by the seller.
Restricted Activities: It is restricted for the buyer to utilize the seeds, or propagating material or harvested material derived from planting the seeds, for any further propagation of the variety. Furthermore, it is restricted for the buyer to offer for sale, sell or market the seeds, propagating material or harvested material for such a purpose.
Dispute Resolution and Applicable Law: All agreements between Yuksel Seeds Türkiye and the Buyer are governed by the law of the Republic of Türkiye. The United Nations Convention on Contracts for the International Sale of Goods (the Vienna Sales Convention) is excluded.
In the event of a dispute, the Parties will first attempt to reach a solution through consultation or any other form of mediation before submitting the dispute to an arbitration tribunal or civil court.
Unless the Parties have jointly agreed to arbitration, all disputes will be settled by the competent civil court in the first instance in Antalya/Türkiye.
Yuksel Seeds
www.yukselseeds.com