TERMS AND CONDITIONS of EUSEBIO GmbH FOR CULTIVATION AND PURCHASE AGREEMENTS
1. General information:
These terms and conditions are an integral part of cultivation and purchase agreements concluded with Eusebio GmbH (hereinafter referred to as "EUSEBIO").
2. Contract length:
2.1 Unless otherwise agreed, the individual cultivation and purchase agreement, signed by both parties, terminates with the end of the harvest year.
2.2 Each individual party retains the right to immediately terminate the cultivation and purchase agreement with just cause.
3. Cultivation commitment:
3.1 The producer is committed to grow the crops described in the cultivation and purchase agreement (varieties, quantities, and area under cultivation), while following the accepted quality standards and product specifications of EUSEBIO and adhering to the principles for certified organic production as listed by the European Commission in Regulation (EC) No. 834/2007 of 28 June 2007 on organic production and labeling of organic products (hereinafter referred to as “Regulation (EC) No. 834/2007”), and taking note of the repeal of Regulation (EEC) No. 2092/91, for EUSEBIO.
3.2 The production must take place solely on the producer’s production areas within the geographical limits of Austria.
4. Areas under cultivation:
4.1 The minimum area per cultivated crop must fulfill the acceptance-quality criteria of EUSEBIO.
4.2 The producer guarantees to exclusively use land for cultivation that is in compliance with the accepted quality standards and product specifications of EUSEBIO and the principles listed in Regulation (EC) no. 834/2007 during the full contract period, to ensure that seed is sown in accordance with the cultivation and purchase agreement, and to oversee the production areas with the amount of care required to ensure a high-quality crop with respect to the acceptance-quality criteria of EUSEBIO and the principles of Regulation (EC) No. 834/2007. The producer is prohibited, therefore, from using a cultivation area within a radius of less than 1000 m (in the case of medicinal and aromatic plants) or 100 m (for other crops and/or wine and/or fruit production) of other, non-organically cultivated crops.
4.3 Dissemination of seeds or portions of the harvest to third parties
is expressly prohibited.
4.4 An extension or limitation of the contractually agreed cultivation areas is only allowed following the receipt of the explicit written consent of EUSEBIO.
5. Quality criteria:
5.1 With the closure of the cultivation and purchase agreement, the producer confirms that he/she is in possession of a valid certificate for organic production that is in accordance with Regulation (EC) No. 834/2007, to fulfill his/her obligations as stated in the cultivation and purchase agreement, and to adhere to the terms of this agreement for the full duration of the cultivation period. This documentation must be provided to EUSEBIO upon the first request.
5.2 The producer is legally obligated to use only organic seeds for sowing. The use of non-organic seeds is only permitted when it is necessary for the acceptance / perpetuation of the production as it stands under contract, when it is not available as an ecological or organic product on the market, and when it has been defined by the competent organic certification body as an exception to the production requirements as stated in Regulation (EC) No. 834/2007.
5.3 The producer is obliged to observe the acceptance quality standards and product specifications of EUSEBIO and the principles for certified organic production as listed in Regulation (EC) No. 834/2007 during the production.
5.4 The producer agrees to grow the seed provided in accordance with a controlled crop rotation plan.
5.5 A minimum of 20% legumes (incl. mixtures with legumes) should be included in the first crop rotation. This minimum percentage is calculated from the area of arable land during the respective harvest year (omitting areas cultivated with field vegetables, medicinal plants, herbs, or spices).
5.6 Due to the risk of fusarium infections, corn must be ruled out as a crop preceding millet.
5.7 In principle, organic farming should be carried out without buying organic fertilizers.
5.8 The soil cultivation should be carried out with care and consideration for the naturally occurring structural layers. The implications of each action on the life forms in the soil and the soil structure should be carefully considered. Deep plowing, cultivation of waterlogged soil, and intensive treatments are prohibited. Surface coverage in the form of catch crops, green manure, or layers of mulch must be ensured.
5.9 Irrigation is only allowed when water is sufficiently available and the application methods with the least impact are used – insofar as it is necessary. Through water use and management methods, the water quality should not be adversely affected.
5.10 Impurities and contaminants present in the crop are not permitted to contain substances that, after carrying out a successful cleaning process, would not suitable for inclusion in organic products destined for sale. The product must be in complete compliance with the acceptance quality criteria and product specifications of EUSEBIO, and adhere to the principles for certified organic production as listed in Regulation (EC) No. 834/2007.
5.11 In the absence of the express written consent of EUSEBIO, the
producer is prohibited from using chemical substances or preservatives in connection with the storage of contractual goods.
5.12 Drying by the producer or a third party may only be performed, without exception, after an examination of the drying facilities has been carried out, and written permission has been granted by EUSEBIO. In this case, it is important to note that a gentle drying temperature (max. 40 °C) is used, and that drying is carried out exclusively through the use of indirect fired systems.
5.13 The producer agrees to continuously check the cultivation area for incidences that could endanger or affect crops growing on these production areas (e.g., pests, hail, fertilization of adjacent surfaces, weeds, contamination, etc.), and report any such events to EUSEBIO immediately. Damaged materials can only be removed by the producer after they have received written approval from EUSEBIO.
6. Delivery of harvest:
6.1 The producer agrees to deliver the entire harvest as described in the cultivation and purchase agreement to EUSEBIO for sale by EUSEBIO.
6.2 Prior to authorizing delivery, EUSEBIO is free to perform additional examinations at the company location in order to verify the level of compliance with the acceptance quality standards and production criteria. An acceptance of the delivery can take place only following approval by EUSEBIO. This permission, however, does not release the producer from his/her obligation to properly produce and deliver the harvest to EUSEBIO. EUSEBIO, therefore, is not required to perform any investigations, or file any complaints with respect to any defects noted immediately upon receipt of the delivery.
6.3 EUSEBIO is obligated to take the processed and delivered harvest crop pursuant to the cultivation and purchase agreement.
6.4 The producer is required to deliver the entire pure crop as harvested on the date appointed with EUSEBIO. They must be in compliance with the terms of the Krachbüchler delivery agreement and, in return for a reimbursement of the transport costs agreed upon in the cultivation and purchase agreement, deliver the harvest at their own risk to one of the notified processing plants of EUSEBIO (delivery location for the harvest crop).
6.5 The producer is not allowed to combine the harvested product with temporarily stored or purchased products, nor mix it with unused seed. The producer is liable for all damages and costs incurred by such mixtures (e.g., contamination of goods, which at the time of delivery are located in the chute; additional costs for cleaning the product and equipment, etc.). It is necessary to ensure residue-free cleaning of the combine (the emission of the first harvested crop materials is regarded as cleaning) and the transport vehicle.
6.6 The delivered products must conform to the agreed acceptance quality criteria. The cost of necessary processing of accepted organic products, which contain specific impurities (e.g., jimson weed (Datura)), will be borne by the producer.
7.1 With regard to the obligation to deliver the product as harvested, the producer is not entitled to store the harvest without receiving the written consent of EUSEBIO. The storage, therefore, must exclusively take place at EUSEBIO in the absence of any contrary written agreement.
7.2 The accepted product is aspirated and dried at the expense of the producer.
8. Billing and payment:
8.1 The price for the accepted product is based on that of the average sale price established by EUSEBIO and the normal local purchase price. According to this policy, the price is solely determined by EUSEBIO.
8.2 The service fees incurred by EUSEBIO (especially the aspiration and drying costs) will be deducted from the payment entitled the producer for the accepted product as assessed by EUSEBIO. The payment for the accepted product, therefore, will take place after the sale of the product, after deducting the above-mentioned costs. All payable amounts are exclusive of statutory value-added tax (VAT).
8.3 If the product cannot be sold within 12 months of the completion of the harvest, the producer and EUSEBIO must come to an amicable agreement on further measures to be taken (such as longer storage, a mutually agreed-upon price reduction, or sale of the product as animal feed). If an agreement cannot be met, EUSEBIO will make a decision about how to proceed.
9. Terms of liability:
The producer guarantees the production and delivery of the crops as described in the cultivation and purchase agreement in compliance with the acceptance quality standards and product specifications from EUSEBIO and in compliance with the principles of certified organic production as listed in Regulation (EC) No. 834/2007. If the delivered product does not meet the agreements and/or is contaminated, EUSEBIO is not obliged to accept the product for sale. In this case, the producer cannot hold EUSEBIO liable for actual or interfered losses. If the product is accepted, EUSEBIO is also entitled to make price reductions.
10. Contract transfers:
Should a new owner take over a producer’s holdings during the time covered by the agreement (for example, through lease, purchase, or inheritance), the new owner assumes all rights and obligations under the terms of the respective cultivation and purchase agreement.
11. Contractual exclusions:
The producer is not allowed to offset his or her outstanding bills with actual or projected payments from EUSEBIO, in particular with reference to products delivered to EUSEBIO. Invoices issued by EUSEBIO to the producers must be settled within the agreed-upon payment period.
12. Declaration of Consent:
According to § 8 para. 1 Z 2 DSG, the producer agrees that the following data may be transmitted, also through electronic means:
1. data collected in the data acquisition system of EUSEBIO (in particular, name, address, company identification number, item delivered by the producer, and all relevant load / batch traceability and quality assurance data);
2. data on the organic certification of the products from the producer; and
3. the reported results of inspections and laboratory analyses.
EUSEBIO is entitled to transfer this data on to third parties, in particular, the market organization and intervention body AMA (Agricultural Market Austria), AMA Marketing GmbH, and to companies that have contractual agreements with EUSEBIO with reference to applications for organic products, or companies with which a contract might be formed in the future.
13. Business location:
Insofar as these Terms and Conditions apply, unless otherwise specified, the business location of EUSEBIO is in Theresienfeld.
All disputes arising out of or in connection with a cultivation and purchase agreement will be appointed to the responsibility of the professional and competent local court in the location where EUSEBIO is based.
15. Additional information:
If any provision of these terms, either in whole or in part, is or becomes invalid, the effectiveness of the remaining provisions will be unaffected. An agreement will be made to replace any invalid provision with a provision that comes closest to the invalid provision from an economic point of view and in a legally permissible manner.