New Zealand Berryfruit
Propagators Limited
This is to advise that Okanagan Plant
Improvement Company (PICO) has sales and propagation rights for the raspberry
varieties Tulameen, Qualicum
and Malahat as specified below of which you, the
Grower, are intending to purchase. All PICO varieties are licensed to PICO by
the owners of the varieties and may be subject to application for, protected
provisionally or fully under Plant Breeders Rights Patent or Trademark
legislation. PICO has granted the right for the sales of these raspberry
varieties in
In consideration of the sum of $___________(price
per plant excluding GST) which represents acceptance of
the following terms and conditions, NZBP grants
you the right to grow____________(number of plants) of the
Variety____________
at_______________________________________________________(Farm
Address)
as supplied by Tharfield Nursery Ltd on
_________________________(date of purchase)
The Grower fully understands the nature of and agrees to be bound by and comply with the following terms and conditions:
1. Propagation of
the variety is not permitted. The use of any part of the plant of the Variety
for propagation for the Grower’s own use or for any other person’s use is not
permitted without first receiving permission from NZBP.
2. Any mutations or
sports of the plant material discovered by the Grower shall be reported
immediately to NZBP. The Grower shall negotiate in good faith with PICO the
terms under which the mutation may be protected and/or commercialised.
Commercialisation shall not occur until such terms are agreed.
3. Shipping,
transporting, transferring or assigning any plant material of the Variety to
any other person or company is not permitted. All the plant material of the
Variety must remain on your property. If the Grower wishes to sell plants
surplus to requirements please first notify and obtain the permission of NZBP.
4. If ownership of
the Grower’s farm changes the new owners must be made aware of and agree to the
obligations for the variety as contained herein. Please advise NZBP of any
change in ownership.
5. If required NZBP
or a representative of NZBP may from time to time upon reasonable notice to the
Grower, obtain access to the property where the plants of the Variety are
located and the Grower will not unjustifiably deny such access.
6. The Grower
indemnifies NZBP and holds it harmless against any and all claims, demands,
damages, costs or expenses in any way directly or indirectly connected with the
Growers failure to observe these terms and conditions.
7. Although
reasonable care has been taken to assess the Variety, PICO nor NZBP makes
neither any representation nor warranty of any kind. Without
limitation neither PICO nor NZBP warrants the plants as being fit for their
intended purpose, to be of merchantable quality or being true to name or
description. The Grower further agrees neither PICO nor NZBP will be liable for
direct, indirect or consequential losses incurred by the Grower or any other
person. If, notwithstanding this clause, it is established that NZBP is liable
to pay losses or damages, such liability shall not exceed the purchase price of
the plants.
8. The Grower shall
sign and post the original of this Agreement to the supplying Nursery. Failure
to do so within 14 days or receipt of the plant material of the Variety will
cancel the rights granted to the Grower.
Please note that if a breach of the terms and conditions of this Agreement occurs NZBP is entitled to pursue legal action.
GROWER’S SIGNATURE:_____________________________DATE:_______________