1. Starting material of varieties belonging to the floriculture sector, which are protected by plant breeders‘ rights applied for or granted in the Netherlands and/or any other country or by means of a contractual perpetual clause, may not be used for propagation or marketing.
2. The varieties thus protected are designated by the seller with “R” or “P”.
3. The supplied starting material may only be used by the buyer for the cultivation of cut flowers and/or other ready-made ornamental plant products at the buyer’s company.
4. The seller is entitled to enter the buyer’s company or the plots under its management, where the starting material supplied by the seller is located, in order to view or assess that material. The seller will inform the buyer of his arrival in good time.
5. The finished product, originating from the starting material delivered to the buyer, may only be sold by the buyer under the relevant (variety) name and any brand name.
6. If the buyer finds a mutant in the protected variety, he must immediately notify the holder of the breeder’s right by registered letter.
7. At the written request of the holder of the plant breeder’s right, the buyer will provide test material of the mutant to the holder of the plant breeder’s right within two months after receipt of this request.
8. The buyer is aware that the finder of a mutant in the protected variety requires the permission of the breeder(s) of the ‚mother variety‘ to exploit the mutant.
9. In particular, the purchaser is aware that the finder of a mutant requires the consent of the holder of the breeder’s right in respect of the ‚parent variety‘ to perform the following acts concerning all material of the variety, including harvested material (therefore also flowers, plants and parts of plants), namely:
1. generate or multiply (increase);
2. conditioning for propagation;
3. offer for sale;
4. sell or otherwise market;
5. execute;
6. enter;
7. save for one of the above under a. and f. mentioned purposes.