PART B SPECIFIC RULES FOR SEED OF FORAGE AND TURF3 CROPS Section I. Sales by sample 1. In the case of a sale by sample, the seed delivered ...
PART B SPECIFIC RULES FOR SEED OF FORAGE AND TURF3 CROPS Section I. Sales by sample 1. In the case of a sale by sample, the seed delivered shall correspond exactly to the sale sample according to the relevant tolerance limits. If the seed delivery does not correspond to the submitted sample, the buyer has the right to refuse the seed. 2. In the case of a sale by type sample, the seed delivered shall conform approximately to the type sample in characteristics such as size and colour of seeds, general appearance, cleanliness, seeds of other plants and inert matter content. If delivered seed does not correspond to the type sample, a tolerance of 5%, calculated on the commercial evaluation of the type sample and the delivered seed, is granted to the seller and no allowance shall be due. If the evaluation discrepancy is within 10%, the new price shall be calculated with reference to following articles 13 and 15. 3.
In the case of a contract concluded through a broker, the sample retained by the broker shall be evidence in case of dispute whether the seed lot corresponds exactly or approximately, as the case may be, with the sale sample. Section II. Assessment of damages General 4. In every case of inferiority, the buyer shall assess the damage sustained or the inferiority itself on the basis of substantiating evidence. 5. In no case shall the quality of one component of an analysis superior to the contractual quality be allowed as compensation for a component inferior to the contractual quality. 6. If a quality is delivered inferior to that called for by the contract, the following articles shall apply for assessing inferiority. 7. Inferiority in regard to quality covers every negative departure from the contractual qualities. In case tolerances apply and seller's seed testing report shows a result within the tolerances, no allowance shall be due. The cases in which the certificate of analysis furnished by the seller shall not show any figures inferior to those indicated in the contract are stated in articles 34 and 85 of the General Rules, and in following article 13 of Part B of the Specific Rules. 8. In all cases where tolerances apply, the seller loses the benefit of the tolerances if they are exceeded. 9. If the total allowance calculated by applying the formulas given in following articles 13 and 15 exceeds 10% of the contract price, the buyer shall be entitled to refuse the seed. 10. If the buyer exercises his right to refuse acceptance of the seed not complying with the contract, it is considered equivalent to non-fulfilment of the contract on the part of the seller. 11. In the event that the arbitration tribunal is of the opinion that the allowance calculated using any of the formulas is not adequate, the arbitrators may disregard the formula, according to article 97 of the General Rules. 3 The rules also apply to all other species with similar usages such as green manure and species planted on highways and the roadside. Purity and germination 12.
Tolerances for purity and germination are indicated in the Tables A and B. 13. In case of inferiority exceeding the tolerances referred to in Art. 12, the new price shall be calculated according to the following formula: L x A X = --------- G Where X = new price, L = delivered quality; G = contracted quality, A = contract price. Impurities (in percentages) 14. If the content of weed seeds, of seeds of other cultivated plants and of inert matter is stated in the contract as a percentage without specific description, tolerances shall be allowed, except in the case where the seller furnishes a certificate of analysis dated before the date of conclusion of the contract, or when tolerances are excluded. Tolerances are given in Table A. 15. If there is inferiority, the following formulas give as a percentage of the contract price the allowance to be granted by the seller: o in the case of weed seed content: the difference between the delivered and the contractual quality multiplied by 10; o in the case of seeds of other cultivated plants and/or inert matter content: the difference between the delivered and contractual quality multiplied by 2; o in the case of one figure for weed seeds and seeds of other cultivated plant content agreed in the contract: the difference between the delivered and contractual quality multiplied by 5. 16. The seller has the right to pay the allowance or have the seeds re-cleaned at his charge. Specified impurities (e.g. by number) 17. If it is established that the delivered seed is not as per the contract with respect to the content of specified inert matter, specified other cultivated plant seeds or specified weed seeds, the buyer shall have the right either to refuse the seeds or, in agreement with the seller, to clean them at seller's charge. In the case of re-cleaning, the seller shall pay all the costs incurred, both direct and indirect, provided that they are in accordance with commercial practice. Replacement 18. The seller shall have the right to replace the lot or lots of seeds that would not comply with the specifications of the contract, provided that this replacement is made within the time limit of shipment foreseen in the contract. The costs related to the replacement of the lot or of the lots shall be borne by the seller.
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