conditions of sale

Available from March 2022 Available from March 2022 Available from March 2022

LAWN EDGING RUSTED

Rusted metal lawn edging. Place between the lawn and the flower bed so that the grass does not spill over into the flower bed. Treated to prevent staining. For both straight and rounded edges.

Lawn edging rusted 14x500cm 5302 4 pcs per box

7312600 053021

LAWN EDGING GALV.

Galvanised lawn edging. Place between the lawn and the flower bed so that the grass does not spill over into the flower bed. Use for both straight and rounded edges.

Lawn edging galv. 16x500cm 5296 6 pcs per box

7312600 052963

Available from March 2022 Available from March 2022 LAWN EDGING ANTHRACITE

Plastic edge protection. Place between the lawn and the flower bed so that the grass does not spill over into the flower bed. Use for both straight and rounded edges. Anthracite grey.

Lawn edging anthracite 15x900cm 5295 12 pcs per box

7312600 052956

Available from March 2022

LAWN EDGING GREEN

Plastic edge protection. Place between the lawn and the flower bed so that the grass does not spill over into the flower bed. Use for both straight and rounded edges. Green.

Lawn edging green 10x900cm 5292 20 pcs per box Lawn edging green 15x900cm 5293 12 pcs per box Lawn edging green 20x900cm 5294 8 pcs per box

RAIN GAUGE CONE

Keep track of how much it rains in your garden land with this colorful rain gauge that measures up to 50 mm of rain. The rain gauge is coneshaped and includes a black rack with a height of 80 cm.

Rain gauge, Lime 5424 12 pcs per box Rain gauge, Aquamarine 5425 12 pcs per box Rain gauge, Violet 5427 24 pcs per box

7312600 154247 7312600 154254 7312600 154278

Available from May 2022

RAIN GAUGE

Rain gauge made from green plastic which measures up to 35 mm. Powder coated white metal holder. Total height 90 cm.

Rain gauge 5422 16 pcs per box

7312600 054226

1. Introductory provisions 1.1 These general terms and conditions (“the Terms and Conditions”) are applicable in connection with the sale of goods from Nelson Garden AB, corp. ID no. 556127-6071 (“the Seller”) to business customers (“the Purchaser”). Any goods sold by the Seller in accordance with an agreement, to which the Terms and Conditions have been attached, are referred to hereinafter as (“the Products”). In the event of any conflicts between what is stated in the Terms and Conditions and the agreement to which the Terms and Conditions have been attached (“the Agreement”), the Agreement shall take precedence unless otherwise stated therein. The Terms and Conditions constitute an integral part of the Agreement. Only a written Agreement may take precedence over the Terms and Conditions. 1.2 Any industry terms and conditions or terms and conditions provided by the Purchaser shall not be applied to the Seller’s sale of Products to the Purchaser, even if such terms and conditions have not been rejected by the Seller. 2. Prices 2.1 All prices are quoted in SEK and stated exclusive of VAT. 2.2 The Seller reserves the right to make price adjustments as a consequence of anything outside the Seller’s control – such as exchange rate fluctuations, changes in taxes, duties and other government agency decisions or similar – even after an agreement has been concluded between the Seller and the Purchaser. In these cases, the Seller has the right to adjust the price correspondingly without prior notice. 2.3 The Seller expresses reservations for any errors in prices. 2.4 The quotation provided is binding on the Seller for thirty (30) calendar days from the quotation date. 2.5 Cancellation of Products once an order has been placed is not accepted. 2.6 Once an order has been placed, the Terms and Conditions are considered to have been approved by the Purchaser and are applied unless the Seller and the Purchaser agree otherwise in writing. 3. Product range 3.1 Some of the Products in the product range are seasonal goods and therefore only available for sale during the seasonal period in question. 3.2 Concerning seed packs and bulbs, the Seller reserves the right to independently replace Products ordered with other existing Products, with the same or similar properties and belonging to the same price class, if the Products ordered have been sold and the Seller has other Products with similar properties in stock. 3.3 The Seller expresses reservations for goods being sold out. 4. Payment 4.1 An invoice is sent separately to the Purchaser and payment shall be made within thirty (30) calendar days of the invoice date. 4.2 The Seller reserves the right to obtain a credit reference for the Purchaser. If the Seller feels that the Purchaser is not creditworthy, credit will not be granted to the Purchaser and the Seller has the right to demand payment in advance or by credit against other security. 4.3 If payment is overdue, a reminder fee and statutory penalty interest shall be charged. 5. Right of ownership 5.1 Right of ownership of Products delivered remains with the Seller until the full purchase price, including any additional costs, has been paid in full. The Seller has the right to demand the return of the delivery if the Purchaser fails to meet its obligation to pay. 5.2 Until the Purchaser has made full payment for the Products, the Purchaser undertakes to look after the Products and not, without the Seller’s written consent, to make any changes at all in respect of the Products, to transfer or assign the right of ownership to the Products, or in any other way to dispose of the Products. 6. Delivery 6.1 The delivery alternative available and the estimated delivery time depend on the choice of Products when purchased and to which address the delivery is to be delivered. 6.2 The Seller reserves the right to send Products ordered in separate deliveries if the Seller considers this to be the most appropriate delivery alternative. The Purchaser shall, however, only pay one delivery charge. 6.3 The total value of each delivery determines whether the delivery is carriage paid, see below. 6.4 Carriage is extra and is charged per delivery at a value of SEK 150. Seed packs: Carriage paid over SEK 200 Bulbs: Carriage paid over SEK 1,500 Other products: Carriage paid over SEK 5,000 6.5 The Seller has no obligation to deliver if there are no Products left in stock. The Seller does not process balance orders. 6.6 In the event of delivery problems concerning Products consisting of seeds and bulbs, the Seller reserves the right to replace varieties ordered with equivalent Products. 6.7 In connection with the delivery of Products that require chilling or heating, the Seller reserves the right to reschedule deliveries in order to transport Products without any damage occurring. 6.8 A 12% price supplement is charged for the order and delivery of split transport packaging items. With regard to ¼ pallets, 1/3 pallets, ½ pallets & 1/1 pallets: these are not split, the quantity quoted for each type of pallet applies. 6.9 An administrative fee of SEK 75 (excl. VAT) is added to all orders of less than SEK 100. 6.10 Delivery on a pallet is charged at the current price per approved EUR pallet. 6.11 Unless a different delivery address has been separately agreed in the Agreement, products are delivered DAP to the Purchaser’s address, in accordance with INCOTERMS 2020. 6.12 Circumstances at the delivery location that cause extra delivery costs shall be charged to the Purchaser, including, but not limited to, if an authorised person at the Purchaser is unavailable at the time of delivery or in the event of waiting time or delivery conditions that require extra assistance with unloading. 6.13 In the event of a delayed delivery, the Purchaser is contacted for further information. 7. Right of return 7.1 The purchaser has no right to return products to Nelson Garden.7.6 Returns that arrive after the deadline for returns will not be processed by the Seller and no credit will therefore be paid. 8.1 The Purchaser has an obligation to examine and check the Products directly upon receipt of delivery. The Purchaser cannot invoke faults that the Purchaser should have discovered during this examination/check. 8.2 If a package is missing or transport damage is identified, a comment to the transport provider must be noted on the consignment note before the consignment is acknowledged. In the event of transport damage, the complaint must be accompanied by a photo of goods, including packaging, pallet and freight document. 8.3 The complaint must be received by the Seller within five working days of receipt of delivery via customerservice.se@nelsongarden.com. 8.4 For seed packs, the Seller issues a guarantee of authenticity, germination capacity and purity, up to the invoiced value for the period until the Product’s best before date. There is no guarantee of cultivation results. Regulations in accordance with current provisions on sampling for subsequent analysis apply. 8.5 Compensation to the Purchaser shall be no more than the value invoiced by the Seller. The Seller is not liable for, and does not compensate for, loss of sales caused by the transport provider. 8.6 The Seller is only responsible for any return carriage if the return takes place in the way specified by the Seller. The Seller bears the risk for such a return. 9. Force Majeure 9.1 If the fulfilment of the Seller’s commitments under the Agreement and/or the Terms and Conditions are prevented, either in full or in part, by circumstances that the Seller could not have controlled or reasonably foreseen, such as labour conflict, fire, explosion, natural disaster, pandemic, currency restrictions, government agency provisions, war or war-like events, terrorist acts, failed harvest, extensive operational disruption at the Seller or any other event of the same nature as those listed, as well as faults or delays in deliveries from the Seller’s suppliers (“Force Majeure”), this shall constitute grounds for exemption. Grounds for exemption means that the Seller is relieved of the commitment to fulfil its obligation for the period during which fulfilment is delayed as a consequence of the circumstances. 9.2 If Force Majeure occurs, the Seller shall notify the Purchaser of this without delay. 9.3 If the fulfilment of the Agreement is rendered impossible because of Force Majeure for a period of more than two (2) months, the Purchaser may, following written notification to the Seller, cancel the Agreement. There is no obligation to pay damages if the Agreement is cancelled in accordance with this clause 9.3. 10. Personal data Within the framework of the Agreement and/or the Terms and Conditions, the Seller may process personal data in respect of employees of the Purchaser. The Seller is controller for any processing of personal data within the framework of those services that the Seller provides in accordance with the Agreement and/or the Terms and Conditions and where the Seller determines the purpose and means of such processing. For further information about the Seller’s processing of personal data, please contact the Seller. 11. Discharge from liability 11.1 The Seller only assumes liability for direct costs, damage and losses caused to the Purchaser as a consequence of the Products not having been delivered in accordance with the Agreement and/ or the Terms and Conditions or otherwise as a consequence of the Seller having failed to fulfil its obligations in accordance with the Agreement and/or the Terms and Conditions. 11.2 In respect of product liability, the Seller is only liable for damage caused by Products if it can be proven that the damage results from mistakes in the Seller’s production. 11.3 The Seller’s liability does not include compensation for indirect costs, damage or losses, nor does it include claims lodged against the Purchaser from a third party, unless otherwise specified in the Agreement and/or the Terms and Conditions. 11.4 The Seller’s liability under the Agreement and/or the Terms and Conditions is limited to a total corresponding to SEK 10,000,000 (including interest and other attributable costs) per instance of damage. 12. Disputes and jurisdiction 12.1 Swedish Law shall be applied to the Agreement and the Terms and Conditions. 12.2 Disputes arising in connection with the Agreement and/or the Terms and Conditions shall in the first instance be conducted and resolved in consensus between the Seller and the Buyer through negotiation. If a dispute cannot be resolved by agreement within 90 calendar days, the dispute shall be referred to a general court in accordance with clause 12.3 below. 12.3 A dispute that arises in connection with the Agreement and/or the Terms and Conditions shall be decided in a general court where the Seller has its registered office. 13. Miscellaneous 13.1 Additional information about the Seller and the Products may be viewed at www.nelsongarden.com. 13.2 The Purchaser can use the “ÅF-Login” tab to log into the Seller’s website and gain access to order confirmations, invoices and registration of the season’s seed returns. Login details can be viewed on the invoice. If you do not have login details, please contact customerservice.se@nelsongarden.com. 13.3 Safety data sheets for chemical products can be downloaded via www.ecoonline.se 13.4 The Seller expresses reservations for any printing errors in the catalogue and price list, as well as changes in the product range during an ongoing season. 13.5 If any provision in the Agreement and/or the Terms and Conditions becomes invalid, this shall not mean that the Agreement and/or the Terms and Conditions as a whole are invalid, but inasmuch as the invalidity significantly affects a party’s returns or performance according to the Agreement and/or the Terms and Conditions, there shall be a reasonable adjustment of the Agreement and/or the Terms and Conditions. 13.6 A party’s failure to exercise any right in accordance with the Agreement and/or the Terms and Conditions, or failure to call attention to a certain circumstance attributable to the Agreement and/or the Terms and Conditions, shall not mean that the party has waived its right in such respects. 13.7 Provisions in national and international sale of goods legislation, in the Seller’s or the Purchaser’s country, shall not be applied to the Terms and Conditions or the Agreement. 13.8 The Seller is affiliated to the Packaging and Newspaper Collection Service (FTI – Förpacknings- och Tidningsinsamlingen).

contact@nelsongarden.com ordereurope@nelsongarden.com saleseurope@nelsongarden.com