Disputes and control of trueness while importing seeds

 Section XXIX. Control of trueness to variety
Art. 78
78.1 The specific authenticity and, where appropriate, the trueness to variety shall be guaranteed by
the Seller.
78.2 In the absence of an official, incontestable and available sample, the Buyer can have a sample
drawn according to AOSA or ISTA Rules by a governmental or accredited sampler from seeds still
under Seller's seal or Seller's tamper-proof closing method in its original state.
78.3 The body that has drawn the sample shall keep it in the best conditions to safeguard the
germination of the seeds. The Buyer shall immediately inform the Seller by telecommunication of the
drawing of the sample or of his intention to have a contradictory sample drawn.
Art. 79
Any claim concerning defaults of trueness to variety or varietal purity shall be made within normal
delays of sowing and of control in the country and the region of the Buyer and, at the latest, within a
maximum period of one year after receipt of the seeds by the Buyer.
Art. 80
If, in the opinion of the Buyer, a post-control test is necessary, the sample referred to in Article 78
shall be divided into three parts: the first shall be sent to a station officially recognized to perform
variety tests, selected by the parties, which at the request of the Buyer shall carry out the post-control
test; the second shall be sent to the Seller; the third shall be kept in reserve by the sampler.
Art. 81
If the Buyer and the Seller cannot reach an agreement regarding the station which shall be in charge
of the post-control test, the Secretary General of the ISF shall designate this station. That decision
shall be final.
Art. 82
If the station discovers a discrepancy regarding trueness to the specified variety or varietal purity, the
Buyer shall have the right to formulate a claim against the Seller.

Section XXX. Failure to perform
Art. 83
83.1 If one of the parties fails to perform any of his fundamental obligations under the contract or
these Rules, the counterparty may require the immediate performance of the obligations or declare
the contract and the possible other running contracts terminated without prejudice to claim damages.
83.2 A declaration of termination of the contract is in any case effective if made by registered mail or
express courier.
83.3 Termination of the contract releases both parties from their obligations under it, subject to the
damages due according to these Rules. Termination does not affect any provision of the contract for
the settlement of disputes or any other provision of the contract governing the rights and obligations of
the parties consequent upon the termination of the contract.
Section XXXI. Complaints
Art. 84
84.1 Complaints shall be made by telecommunication and additionally by registered mail, certified email or express courier with confirmation of delivery (acknowledgment of receipt); possibly they
should include supporting documentation.
84.2 For complaints concerning trueness to variety and varietal purity 

Article 79 applies.
84.3 For deficiencies regarding the visual appearance, moisture content, physical purity,
specifications (including grading and coating) and de-awning of the seed, for differences in weight, for
defective packaging, for errors in the number of containers, a complaint shall be made at the first
discovery of the deficiency and within a maximum of 12 working days after the arrival of the seeds at
destination and provided that the Buyer is able to access the seed.
84.4 Any complaint regarding the germination of seeds shall be made at the first discovery of the
inferiority and within a maximum of 60 days after the arrival of the seeds at destination; for tree and
shrub seeds the period for submitting a complaint on germination is 180 days.
84.5 Complaints must be described in such a manner that the Seller or a third party can verify them.

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