§ 1 Subject of the beet added value service
(1) KWS SAAT SE & Co. KGaA (KWS) offers the beet value service, also known internationally as "Beet Seed Service", under the conditions specified in these terms and conditions.
(2) The subject of the Beet-Added Value Service is the granting of a partial reimbursement of the costs of the seed for a second sowing.
(3) KWS provides the beet added value service exclusively via the myKWS online platform (myKWS system).
(4) The use of the beet added value service is free of charge for the user.
§ 2 Eligibility; performance area
(1) The offer is exclusively aimed at entrepreneurs (§ 14 BGB) who are working as farmers at the time of first and second sowings (users). The user must be logged in to the myKWS system.
(2) The offer is valid for blows in the territory of the Federal Republic of Germany. KWS reserves the right to extend the supply area to other countries and cross-border use.
§ 3 Factual requirements
(1) The offer applies to the purchase of seed for a second sowing in the same crop year as a result of a change.
(2) Possible causes of change are: slurry, encrustation, spraying defects, frost, hail, etc.
§ 4 requirements for the seed
(1) The seed for the first and second seed must come from KWS, be provided for the appropriate sowing year and tested in the Federal Republic of Germany and be listed by the Federal Plant Variety Office.
(2) The acquisition of seed for first and second seeds must have been registered in the myKWS system.
(3) An expert employee of KWS or an expert commissioned by KWS shall decide on the existence of the prerequisite in § 4 (1) and (2). The possibility of judicial review remains unaffected.
§ 5 No sale; no right to claim
(1) KWS does not act as seller of the seed in the context of the beet added value service. Sellers are the local sugar companies through which the user obtains seed, independently of the beet added value service.
(2) KWS therefore can not guarantee that the local sugar company has seed at the time of acquisition of the seed for the second sowing, which complies with the requirements of § 4. Participation in the beet added value service does not justify the user's claim against KWS for procuring a particular seed.
§ 6 Time requirements for participation
(1) The beet added value service can only be applied to those impacts that the user records in the myKWS system before the end of the fifth day after the start of initial sowing.
(2) Users can mark beats to be mounted in the future in the myKWS system. Notified Beats may only apply the Beet Added Value Service if the User completes the pre-marked dates prior to the fifth day after the start of initial sowing in the myKWS system.
(3) The event on which the change is based must be recorded before the end of the fifth day following its entry into the myKWS system. If the break event is later recognizable (hidden cause of the break), the event must be recorded no later than the fifth day after discovery.
(4) Knocks and events that have not been recorded in the myKWS system within the deadlines specified in this § 6 do not participate in the Beet Value Added Service.
(5) A refund is in any case excluded if the application for reimbursement acc. § 8 after 31.05. of the current sowing year.
§ 7 Required data
(1) In order to participate in the beet added value service, the user must enter the following information in the myKWS system:
a) Information on the impacts (position, size) according to the technical specifications in the myKWS system;
b) the delivery note for the seeds for the initial sowing in a file format specified in the myKWS system;
c) indication of the variety, batch number / identification number / approval number (eg DE037-3410819, noted on the package label) and the quantity of seed; d) the sowing date;
e) in the event of disruption, the delivery note for the seed for the second sowing in a file format specified in the myKWS system; and
f) the indication of the area affected by the upheaval. For the execution of the reimbursement according to § 8 the user notifies KWS bank account as well as the company tax number.
(2) The user has to provide truthful information. If incorrect or incomplete information about a reimbursement of costs in the context of the beet added value service, KWS is entitled to reclaim the reimbursement amount. KWS may allow the user to provide individual information and / or supporting documents.
§ 8 Contract for a reimbursement within the scope of the beet-added value service
(1) By recording and sending the required information in the myKWS system (§ 7), the user makes an application for reimbursement (§ 145 BGB).
(2) The effectiveness of an application pursuant to para. (1) presupposes the user's assurance that he is an entrepreneur (§ 14 BGB) and buyer of the seeds for the first and second sowing. Representation is permissible if the legal prerequisites are met. In any case, the company account and tax numbers must be stated.
(3) The contract between the user and KWS for the partial reimbursement of costs only comes into existence if KWS accepts the request (§ 147 BGB). The provision of the beet added value service in the myKWS system does not justify a claim of the user for reimbursement.
§ 9 refund; Basis for calculation; Upper limit
(1) The refund shall be 50% of the purchase price paid for the seeds for the second seed.
(2) The basis of calculation for the refund is the final price including pickling equipment less any cost-reducing items (eg quantity and other discounts, deductions by redemption of vouchers or clearing of credits).
3. Seed quantities purchased for seed sowing shall not be eligible for reimbursement beyond the quantity of seed purchased for the initial sowing.
§ 10 maps
(1) KWS assumes no responsibility for the completeness and accuracy of the maps provided in the myKWS system.
(2) KWS is authorized to take account of proven area deviations pro rata in the reimbursement.
§ 11 Liability
(1) KWS is not liable for simple negligence, except in cases of injury to the body, life or health or the violation of such obligations, which are of crucial importance for the realization of the purpose of the contract ("cardinal obligations"). In addition, the liability of KWS under the provisions of the Product Liability Act and in the absence of guaranteed characteristics of quality is not affected by the restriction.
(2) Insofar as KWS is liable for damages as a matter of principle, this liability is limited to damages which KWS had foreseen at the time of the conclusion of the contract as a possible consequence of a breach of contract or should have foreseen using customary care. Furthermore, indirect and consequential damages, which are based on any defects of the myKWS system, are only substitutable, as far as such damages would typically be expected under normal use of the service.
(3) The above provisions apply accordingly to the liability of KWS for the behavior of vicarious agents. If a vicarious agent who is not a senior employee violates a cardinal obligation, however, KWS is liable only for intent and gross negligence.
§ 12 Availability of the beet added value service; running time
(1) A claim to the use of beet added value service on myKWS system exists only within the scope of the technical and operational possibilities at KWS. KWS endeavors to ensure that its services remain as uninterrupted as possible. However, technical interruptions (such as power interruption, hardware and software faults, technical problems in the data lines) may cause temporary restrictions or interruptions. If the beet added value service should not be available on the myKWS system, the periods specified in § 6 are extended by the period during which the beet added value service was not available.
(2) KWS is entitled to discontinue the beet added value service at any time without prior notice and without stating reasons. Effective reimbursement contracts (§ 8) shall not be affected by the discontinuation of the beet added value service.
§ 13 Supplementary provisions
If the user is otherwise in a contractual relationship with KWS, the conditions applicable to such contractual relationships remain unaffected.
§ 14 Final Provisions
(1) The legal relationships between KWS and the user in connection with the use of the beet added value service and the myKWS system are subject to the law of the Federal Republic of Germany.
(2) For disputes arising out of or in connection with these legal relationships, the exclusive place of jurisdiction is the registered office of KWS.