General Terms & Conditions

Below you will find the general terms & conditions of Cultivators.

Last update: January 2022


Cultivators BV (hereinafter referred to as ‘Cultivators’) has its registered office in Etten-Leur, The Netherlands. On all services and agreements of Cultivators the General Terms and Conditions apply.
Cultivators gives advice and renders services to companies, government and organizations in any possible way. in the horticultural sector to companies, institutes and other (non) government organization is given both by (video)phone and in writing, and also during company visits.


a. These terms and conditions apply to each offer, quotation and all agreements concluded with Cultivators with respect to services, like for example advice, information, research and development and participation in projects, consortia and any other legal entities.
b. These conditions also apply to all (legal) actions preceding or in implementation of quotations, offers and / or agreements.
c. These general terms and conditions shall equally be applicable to all agreements with Cultivators in case third parties are engaged.

d. Stipulations deviating from these terms and conditions are only valid if these have explicitly been agreed upon in writing by all parties.


a. All offers and/or quotations are without engagement, unless it has been stipulated explicitly that they are irrevocable, and – unless expressly otherwise stipulated – they are valid for a period of fourteen days, counted from the date of the offer and/or quotation.
b. Agreements can only be concluded by written acceptance by Cultivators of an order, or by execution of the order by Cultivators.
c. The scope of the activities covered by an agreement is determined by the offer, including the changes that are inserted later on by mutual agreement.


a. The prices given by Cultivators are exclusive of the value added tax (VAT) and other government taxes. as well as costs incurred in the fulfilment of the agreement, including postage, administrative charges, travelling and accommodation expenses, costs of materials, catering costs and supporting facilities, etc., unless stated otherwise.

b. The prices published by Cultivators in any form, are not binding for Cultivators until final written agreement by Cultivators.
c. After concluding the agreement, Cultivators is entitled to raise the agreed prices in case of, among other things, interim price increases and/or surcharges on freight, customs tariffs, prices of goods and/or raw materials, taxes, wages or social security charges, depreciation of the Dutch currency and/or appreciation of foreign currency, and any other government measures that make prices rise.
d. In case of an increase of net prices, the customer is entitled to cancel the agreement, provided that he shall give notice in writing to Cultivators within fourteen days after having been informed about the increase of net prices. In case of cancellation of the agreement, the customer has no right to compensation.


a. Cultivators shall fulfil the agreement to the best of his knowledge and ability and in accordance with good professional practice. By concluding a contract agreement Cultivators only binds itself to carry out the ordered activities, seeking to achieve a useful result for the customer.
b. The agreement shall be executed within the (estimated) period that has been determined in consultation with the customer and that is mentioned in the offer, unless this turns out not to be reasonably feasible. If the deadline threatens to be exceeded, Cultivators shall discuss this as soon as possible with the customer. However, Cultivators shall never be in default de jure by just exceeding the deadline.
c. With respect to the application of crop protection and fertilization advice, Cultivators bases its advice on the applicable statutory provisions (statutory user instructions, fertilizer regulations, etc.). The user instructions (doses, application techniques, etc.), given both orally and in writing, are based on extensive tests. Cultivators advises its customers to the best of its ability and applies today’s relevant know how, which also implies that Cultivators cannot vouch for the unknown harmful consequences of the advised use of crop protectors or fertilizers arisen at the time that advice was given.
e. With respect to confidential information of the customer provided to Cultivators in the framework of execution of the agreement, Cultivators shall observe secrecy, in that sense that Cultivators shall never publish these data in a way that they can be directly traced to the customer. A further obligation to observe secrecy shall expressly apply if this has been explicitly agreed upon in writing.
f. Research results shall be disclosed anonymously, unless upon written request of the customer secrecy has been agreed, the period of secrecy not exceeding one year counted from delivery date/invoice date.
g. Any obligation for Cultivators to observe secrecy, does not apply to the extent that Cultivators would then act contrary to its legal tasks and obligations.


a. Customer shall be responsible for providing all information and / or basic materials which user declares to be required or which customer should within reason understand to be required for the fulfilment of the agreement to user in due time and in the fashion preferred by user. If the information required for the fulfilment of the agreement should not be made available to user in due time, user shall have the right to suspend the fulfilment of the agreement and / or to charge the additional costs ensuing from the delay to customer according to the usual rates.

b. In case of inspection of samples, the customer is responsible for the selection and representativeness of the samples and he is also responsible for timely delivery of the samples to Cultivators.
c. In case of advice by Cultivators with respect to the use of crop protectors or fertilization, the actual application or use and storage are not controlled by Cultivators. This implies that the responsibility for correct execution of the given advice fully rests with the customer.
d. The customer accepts that there is a real possibility of misinterpretation of the questions or advice in case of telephone advice, and that the risk of misinterpretation of the question or misinterpretation of the advice will be at his expense.


a. Movables will be delivered from the business location of the Cultivators branch with which a contract is concluded and at the moment of delivery the risk of these goods passes on to the customer.
b. In case of delivery of movables, Cultivators remains the owner of all goods delivered to the customer until the purchase price of all goods has been paid in full.
c. Copyright and all other intellectual or industrial property rights of given advice and information remain exclusively vested in Cultivators.


a. Payment shall be made within fourteen days of the date of invoice. Cultivators will send an itemized invoice to the customer.
b. Detailed payment terms are laid down and agreed upon in the individual contracts between Cultivators and the customer
c. In case of overdue payment, the statutory interest is payable from due date and so are all costs incurred with respect to the collection, without notice of default being required.


a. Cultivators is only liable for the damages that are directly caused by a failure in the execution of its obligations imputable to Cultivators. If Cultivators is liable for direct damage to the customer in virtue of the contractual liability referred to in the previous sentence and/or in virtue of any other matter, it is liable to a maximum amount of € 10,000.– or to an amount specifically pre-agreed between Cultivators and the customer. This direct damage also includes the damage that the customer sustains due to application or use of the result of the activities of Cultivators; however it does not include any lost profits of the customer as a consequence of the activities of Cultivators.
b. Cultivators is not liable for damages of any kind, if the information provided by or on behalf of the client was incorrect or incomplete.
c. Under no circumstance the liability of Cultivators shall exceed the amount that is paid in virtue of the business liability insurance taken out by Cultivators.
d. The customer indemnifies Cultivators and/or the persons employed for the execution of the agreement against all claims from third parties in virtue of the damage sustained by these third parties due to the application or use of the activities of Cultivators by the customer or another person whom the customer has provided with the results of the activities, unless in case of gross negligence and/or intention of Cultivators and/or the persons called in by Cultivators for the execution of the agreement.


a. If the agreement should be prematurely terminated by customer, user shall have a right to compensation for the arising and demonstrable loss of occupation, unless facts and circumstances have led to the termination that may be deemed the responsibility of user. Furthermore, user shall in such event be under the obligation to pay the invoices for activities performed up to that moment. The provisional results of the activities performed up to that moment shall be made available to customer under reserve.
b. If the agreement should be prematurely terminated by user, user shall in consultation with customer see to transfer of the activities still to be performed to third parties, unless there are facts and circumstances that have led to the termination that are to be deemed the responsibility of customer.
c. If the transfer of the activities should bring extra costs to user, they shall be charged to customer.


a. Cultivators has the right to cancel the agreement or have it cancelled if:
• Customer remains in default in respect of any obligation arising from this agreement – despite written notice thereof;
• Circumstances arise that are of such nature that the fulfilment of the agreement is impossible or can no longer within reason be required, or
• Other circumstances arise that are of such nature that unaltered continuation of the agreement cannot within reason be expected.
b. If the agreement should be cancelled the claims of Cultivators on customer shall become payable without delay.
c. Cultivators shall in all events retain the right to claim compensation, including profits to be made.


a. The customer cannot appeal against the fact that the deliverable does not comply with the agreement if he/she has not given notice in writing to Cultivators within the reasonable period after he/she has discovered or reasonably should have discovered that the deliverable is not in accordance with the agreement.
b. Complaints with respect to invoices, externally visible defects of the deliverable and reasonably detectable inaccuracies in case of advice or deviations from the assignment, should be submitted with Cultivators in writing within four weeks of the date of invoice, in default whereof any appeal against these shortcomings and/or inaccuracies becomes expires.


Cultivators shall be entitled to dissolve the agreement and shall have the right to claim damages from the customer, if the customer fails imputably, if he/she applies for a moratorium on payments, if he/she is declared bankrupt, if the customer dies, or – in case of a legal person – if this legal person is dissolved, or if the company of the customer is liquidated.


Only Dutch law applies to the agreements concluded with Cultivators. All disputes will in the first instance be settled by the competent court in Breda (The Netherlands), unless Cultivators gives preference to the court in the place where the customer has his registered office or domicile, or unless imperative law prescribes otherwise.

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