Art. 1 1.1 The Rules and Usages for the Trade in Seeds for Sowing Purposes -“ISF Rules”- shall apply in national and international seed tr...
Art. 1 1.1 The Rules and Usages for the Trade in Seeds for Sowing Purposes -“ISF Rules”- shall apply in national and international seed trade contracts when expressly agreed by the parties. 1.2 The term “seed” as used in these Rules implies all categories and classes of seed for sowing purposes, and, where appropriate, other reproductive plant material. 1.3 The “Terms and Definitions” as provided in the Annex are regarded as included in these Rules. 1.4 Contracts for the sale of seeds still to be produced are considered sales. 1.5 These rules consist of General and Specific Rules. The former apply to all species; the latter to specific groups of species sharing similar characteristics. 1.6 All parties shall respect the Intellectual Property Rights involved. Art. 2 2.1 When the words "ISF Rules" have been embodied in a contract or in any other agreement, including Terms and Conditions of Sales pertaining to seeds, the present Rules shall apply in full and parties agree to solve any kind of disputes by ISF arbitration as mentioned in Art. 87.
2.2 The Vienna Convention (UN CISG 1980) does not apply under these Rules. 2.3 Any exceptions to these Rules or specific and/or additional provisions agreed by the parties shall prevail over the present Rules. Art. 3 3.1 The Rules that apply in a dispute are those in effect at the date of signature of the contract, unless otherwise agreed by the parties. 3.2 If the application of national laws renders one or several provisions of the present Rules null and/or void, the validity of all other provisions will not be affected by it. PART B. FORMATION AND CONCLUSION OF A CONTRACT Section II. Offer and Firm Offer Art. 4 4.1 A quotation for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite. Such an offer shows the intention of the Offeror to be bound in the event of its acceptance. 4.2 A quotation is sufficiently definite if it indicates or makes provisions for determining at least: the date, the name of the parties, the quantity, the price per unit, the species, the variety and the shipping terms. If the price is not fixed, a provision to determine the price is sufficient. 4
.3 A quotation other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the quotation. Art. 5 5.1 An offer becomes effective when it reaches the Offeree. A new offer made by the Offeror before acceptance implies the withdrawal of the previous offer. 5.2 Any offer, even if it is firm or irrevocable (hereinafter mentioned as firm), may be withdrawn if the withdrawal reaches the Offeree before or at the same time as the offer. 5.3 Unless otherwise indicated, a firm offer is only valid for 24 hours. Art. 6 6.1 Until a contract is concluded an offer may be revoked if the revocation reaches the Offeree before he has dispatched an acceptance. 6.2 However, an offer cannot be revoked if it indicates that it is irrevocable whether by stating a fixed time for acceptance or otherwise. 6.3 An offer, even if it is firm, is terminated when a rejection reaches the Offeror. Section III. Acceptance Art. 7 7.1 A statement made by or other conduct of the Offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance. 7.2 The acceptance of an offer becomes effective at the moment the indication of assent reaches the Offeror. The acceptance is not effective if the indication of assent does not reach the Offeror within the stated time of validity of the offer unless another period of time has been fixed by the Offeror. 7.3 An oral offer must be accepted immediately unless the circumstances indicate otherwise. Art. 8 A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications constitutes a counteroffer and is a rejection of the offer. Art. 9 9.1 The period of time for acceptance fixed by the Offeror begins to run from the moment that the offer reaches the Offeree. 9.2 Official holidays or non-business days occurring during the period for acceptance are included in calculating the period. However, if a notice of acceptance cannot be delivered at the address of the Offeror on the last day of the period because that day falls on an official holiday or a non-business day at the place of business of the Offeror, the period is extended until the first business day which follows.
Art. 10 10.1 A late acceptance is nevertheless effective as an acceptance if without delay the Offeror orally so informs the Offeree or dispatches a notice to that effect. 10.2 If a letter or other writing containing a late acceptance shows that it has been sent in such circumstances that if its transmission had been normal it would have reached the Offeror in due time, the late acceptance is effective as an acceptance unless, without delay, the Offeror orally informs the Offeree that he considers his offer as having lapsed or dispatches a notice to that effect. 10.3 An acceptance may be withdrawn if the withdrawal reaches the Offeror before or at the same time as the acceptance would have become effective.
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