[EMAIL PROTECTED] wrote:
Finally! The voice of reason. I have been having quite a chuckle reading all this fluff regarding "Pk". It is as if all you experts out there were with the Jerry Fisher party who went to Peru to obtain these costly, immature, and controvercial plants. I haven't been chuckling alone. The other chuckler is the person who went with Jerry and was also asked to sign this paper. What I don't get is what difference it makes to all of you greedy collectors and growers out there who signed what. You are all sticking your noses into the business of the ones who made the trip, paid the money, signed the papers, etc to bring these plants into the US. Why not shut up, bide your time and anticipate your future acquisitions, huh?Send Orchids mailing list submissions to Orchids@orchidguide.com
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Today's Topics:
1. Pk and CITES and the 2 years contract (Gustaaf R. Möhlmann)
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Message: 1 Date: Fri, 15 Apr 2005 09:40:35 +0000 From: "Gustaaf R. Möhlmann" <[EMAIL PROTECTED]> Subject: [OGD] Pk and CITES and the 2 years contract To: Orchids@orchidguide.com Message-ID: <[EMAIL PROTECTED]> Content-Type: text/plain; format=flowed
Hi list,
I'm afraid there is soem confusion/mixup here.
My understanding from the various contributions to this list is that the shipping of 'List I seedlings in a flask' between countries is not forbidden/hampered by the CITES regulations. This means that such an act complies with CITES regulations and is therfor allowed. In practice this should mean that the purchaser/owner of the flask in the USA, or elsewhere is legally safe with respect to the possession of such a flask with said content.
Quite another thing is the 2 years contract. This has nothing to do with CITES whatsoever. This is a commercial contract between 2 contract parties with the said flask as the subject of the contract. This 2 years contract places restrictions on the use of, and acting with the flask by the purchaser in question. Of course this 2 years contract is legally binding, irrespective where the underwriters are, or live. Again, this 2 years contract has nothing to do with CITES, but is a commercial agreement between 2 parties describing restrictive conditions on goods sold.
The question always is whether in a case like this a selling party will, want, or is able to enforce the contract conditions if the purchasing party is violating the contract conditions.
Met vriendelijke groet,
Guus Möhlmann
Yours Sincerely, MöhltiMedia
Gustaaf R. Möhlmann
http://www.mohltimedia.com
My friend agrees that, of course, it is probably not an enforceable agreement, but it is a gentleman's agreement, and since my friend is a gentleman, he will abide by it. He (my friend) has something else some of you out there don't have -- Humility. He has asked that I leave his name out of this discussion. Yes, even after the "cat is out of the bag", he wants to stay out of the limelight. It would sure be nice to see a little more of this on the list.
Thank you.
Barbara
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