Terms of use

 

  • These terms and conditions apply to anyone who visits the NPS Trading B.V. (‘RonoBoost’) website, as well as all the information, news items and services that can be consulted on or via the RonoBoost website.
  • The purpose of this website is to provide general information about RonoBoost. The information is neither intended as advice, nor does it offer anything. The information on this website is protected by copyright.
  • No rights can be derived from using this website. The information on this website may not be completely up to date. RonoBoost is not liable for any damage that results from any inaccuracy or incompleteness on this website.
  • There are risks associated with using the internet. Information sent to RonoBoost via RonoBoost’s website is not secure. RonoBoost is not liable for damage resulting from the use of e-mail and the website.
  • These terms of use are governed by Dutch law. Any dispute relating to the RonoBoost website will fall under the exclusive jurisdiction of the court of The Hague.

General Terms and Conditions

 

  1. These General Terms and Conditions apply to all offers and agreements between NPS Trading B.V. and the customer. RonoBoost is the trade name of NPS Trading B.V. (hereinafter “RonoBoost”), a private limited liability company having its registered office in the Netherlands at Wollebrandlaan 1 in (2675 KX) Honselersdijk, registered in the Commercial Register of the Chamber of Commerce under number 6878.2632. RonoBoost is also a registered trademark.
  2. Natural persons or legal entities engaged by RonoBoost for the performance of the agreement with the customer may also rely on these General Terms and Conditions. Such persons or entities will not become parties to the agreement with the customer, even after they have accepted a clause drawn up for their benefit.
  3. RonoBoost is a seed treatment aimed at improving the taste, quality and production of various crops. Besides a RonoBoost seed treatment, the taste, quality and production of crops are dependent on a plurality of factors that are beyond RonoBoost’s control, such as climate-related circumstances, cultivation treatments and the management of diseases and pests. RonoBoost does not promise that the RonoBoost seed treatment will actually achieve the desired result. All details, descriptions, expected end-results and cultivation and other advice of RonoBoost are free of obligation and are not binding upon RonoBoost. The customer is responsible for determining whether a RonoBoost seed treatment is suitable for the intended cultivation.
  4. RonoBoost’s offers and quotations are free of obligation. A agreement will only be concluded if RonoBoost has confirmed this in writing. The right to full or partial dissolution is excluded.
  5. RonoBoost performs the agreement exclusively for the benefit of the customer. Third parties cannot derive any rights from the agreement between RonoBoost and the customer. The customer indemnifies RonoBoost against all third-party claims in any way related to or ensuing from the agreement between RonoBoost and the customer.
  6. The seed treatment can be provided by RonoBoost or the customer:
    1. If RonoBoost shall provide the seed treatment, RonoBoost will collect the seeds from the customer or its plant propagator and return the seeds after the RonoBoost seed treatment. The customer is required to inspect, or arrange for the inspection of, the seeds for visible defects and suitability for the intended cultivation within 24 hours after the returned seeds have been received. Any complaints must be submitted to RonoBoost in writing without undue delay, on pain of forfeiting the claims relating thereto.
    2. If the customer shall provide the seed treatment, RonoBoost will provide the customer with RonoBoost Germination Water and a manual. The customer is required to inspect, or arrange for the inspection of, the seeds for visible defects and suitability for the intended cultivation within 24 hours after finalizing the seed treatment. Any complaints must be submitted to RonoBoost in writing without undue delay, on pain of forfeiting the claims relating thereto.
  7. If, subsequent to the seed treatment, the customer further processes, treats or sows the seeds, it will be considered as established between the parties that RonoBoost has performed adequately and in accordance with the agreement. As from that moment, the customer will be precluded from presenting rebuttal evidence.
  8. The title to and risk of loss, damage and destruction of the seeds remain with the customer at all times, including during the time that the seeds are being transported to or held by RonoBoost. In connection with this, and in connection with RonoBoost’s limitation of liability, the customer will take out sufficient insurance against the risk of loss, including consequential loss, in connection with the loss, damage or destruction of the seeds, packaging material or labels – including as a result of disease, contamination, water damage, theft, sabotage, fire and storm – during receipt, storage, treatment at and/or transportation to and from RonoBoost, in respect of which RonoBoost is excluded as a source of recovery.
  9. Force majeure on the part of RonoBoost in any event includes strikes, fires, the non-functioning or improper functioning of IT infrastructure, and non-performance by natural persons and legal entities engaged by RonoBoost. If force majeure lasts longer than four weeks, RonoBoost may terminate the agreement by notice.
  10. The customer must pay RonoBoost’s invoices within fourteen (14) after the invoice date. Time is of the essence with respect to this payment term. The customer may not deduct anything from the invoice amount or set anything off against the invoice amount, nor may the customer suspend payment. RonoBoost may request an advance payment and suspend performance pending payment thereof.
  11. The customer will be in default by operation of law, without further notice of default being required, if RonoBoost’s invoice is not paid within the agreed payment term. If the customer is in default, the customer will be liable for the extrajudicial collection costs incurred by RonoBoost to collect the claim in full. The customer will also owe the statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code on the invoice amount and the extrajudicial collection costs.
  12. The formulae and techniques used in the RonoBoost seed treatment are trade secrets within the meaning of the Dutch Trade Secrets Act (Wet bescherming bedrijfsgeheimen). The customer is required to keep information about RonoBoost’s formulae and techniques confidential and refrain from using this information for its own purposes and/or for reverse engineering and will impose an identical obligation on its employees and third parties engaged by it, failing which the customer will be liable to RonoBoost.
  13. RonoBoost’s liability is limited to the amount of the net invoice value of the first agreement from which the loss arose. RonoBoost’s liability for consequential loss, including lost profit, business interruption loss, or any other special, incidental or indirect loss of any nature whatsoever is excluded. This provision cannot be relied on in the event of wilful misconduct or gross negligence on the part of persons charged with the management of RonoBoost. RonoBoost is not liable for damage or loss caused by natural persons or legal entitled engaged by it for the performance of the agreement.
  14. Claims against RonoBoost will prescribe one year after the customer became aware or reasonably should have become aware of the basis for the claim.
  15. The agreement and the legal relationship between RonoBoost and the customer is exclusively governed by Dutch law.
  16. Any disputes that might arise further to this agreement or any further agreements arising from it will be submitted to the Netherlands Arbitration Institute in Rotterdam, the Netherlands, for adjudication in accordance with the Arbitration Rules. The arbitration tribunal will consist of one arbitrator. The location of the arbitration proceedings will be The Hague. The proceedings will be conducted in Dutch.
  17. Solely at RonoBoost’s option, disputes may be submitted to the judicial court in The Hague, the Netherlands, or, alternatively, to the judicial court that would have been competent without an arbitration agreement or choice of jurisdiction.
  18. If it were to be established that any provision of these General Terms and Conditions is null and void or voidable, and the provision is annulled, this provision will be replaced by a provision whose nature and scope are as similar as possible. The invalidity or nullity of one of the provisions will not affect the remaining provisions agreed between the parties.
  19. These General Terms and Conditions were drawn up in Dutch and have been translated into other languages. In the event of a dispute regarding the substance or purport of a translation, the Dutch text will prevail.