Article I

Terms of Service 

Section 1.0  General Information.  DeValmont are hobby growers and breeders of superior slipper orchids, plants of Division Spermatophyta, Order Orchidales, Family Orchidaceae, Subfamily Cypripedioideae Tribe Paphiopedilum and Phragmipedium (collectively "Slipper Orchids"), and other select species and hybrid plants of Division Spermatophyta, Order Orchidales, Family Orchidaceae (collectively "Slipper Orchids").  DeValmont will make available, from time to time, divisions, seedlings or flasks of such plants, provided, however, that DeValmont has sufficient stock to make available such offerings.  Such offerings will be listed in Article II of this website.

1. Proprietor.  Proprietor Cliff Shin is pictured below.
    [COMING SOON]

2. History.  DeValmont has been growing orchids for over a decade.  DeValmont continue to be hobbyist growers, however through years of selective purchasing, DeValmont has amassed a collection of some of the worlds best slipper orchids.  DeValmont's breeding program utilizes these superior slipper orchids (hereto referred to as "Breeding Plants") to make seedlings, flasks and compots of hybrids, or in the case of desirable Breeding Plants, selfings and sibings.  DeValmont's offerings are predominantly, but are not limited to, Divisions from DeValmont's Breeding Plants as well as seedlings, flasks or compots created through DeValmont's selective breeding program.  In addition to plants produced from DeValmont's breeding program, DeValmont reserves the right to offer, from time-to-time, Seedlings, Flasks or Compots acquired from other breeding programs.  DeValmont continue to expand its breeding stock and actively seeks to enlarge DeValmont's extensive stock of superior Breeding Plants and welcome offers of trade.

Section 1.1  Definitions.  For the purpose of this Website, unless the context otherwise requires:

1.     "Complex" or "Complex Hybrid" shall mean any plant artificially reproduced as a result of the cross-pollination of two different species or hybrid or combination thereof, such Complex hybrids are produced through decades of selective breeding;

2.     "Compots" shall mean any Seedlings recently removed from a sterile nutrient rich medium, grown in a, but not limited to, glass containers and which have been artificially propagated in a laboratory or other sterile environment.  Such Compots shall contain, but are not limited to, approximately 25 seedlings grown for a period of, but not limiting to, three (3) months out of Flask.  Seedlings contained in each Compot may be the result of cross-pollination of two plants, or self-pollination in the case of desirable species or hybrids.  Such Compots are guaranteed to be healthy and free of pests, viruses and other unwanted conditions to the best of DeValmont's knowledge.  See Section 1.3 Guarantee for additional guarantee information;

3.     "Cross-Pollination" shall mean the pollination, for the purpose of artificial propagation, of two genetically different plants.  These cross-pollinations may be of the same species or hybrid to propagate more of the same species or hybrid (hereto "sib"), in the case of desirable plants, or pollination of two different species or hybrids or combination thereof for the purpose of propagating hybrids;

4.     "Divisions" shall mean any plant which is a separated piece of a larger original plant which is being offered.  Such divisions will be true to form genetically to the original plant that is being offered.  Divisions will be, but are not limited to, at least two growths and are guaranteed to be healthy and free of pests, viruses and other unwanted conditions to the best of DeValmont's knowledge.  Such divisions are also guaranteed to be true to label to the best of DeValmont's knowledge.  See Section 1.3 Guarantee for additional guarantee information;

5.     "DeValmont" or "DeValmont Orchids" shall have the meaning as set forth in Section 1.1;

6.     "Flasks" shall mean Seedlings growing in a sterile nutrient rich medium in a, but not limited to, glass container and have been artificially propagated in a laboratory or other sterile environment.  Such Flasks will shall contain, but are not limited to, approximately 25 Seedlings.  Seedlings contained in each Flask may be the result of cross-pollination of two plants, or self-pollination in the case of desirable species or hybrids.  Such seedlings are guaranteed to be healthy and free of pests, viruses and other unwanted conditions to the best of DeValmont's knowledge.  See Section 1.3 Guarantee for additional guarantee information;

7.     "Flasking" shall have the mean as set forth in Section 1.3;

8.      "Hybrid" shall mean any plant artificially reproduced as a result of the cross-pollination of two different species or hybrid or combination thereof;

9.     "Maudiae" or "Maudiae Hybrid" shall mean any plant artificially reproduced as a result of the cross-pollination of two different species or hybrid or combination thereof with a common parentage of Paph. Maudiae, the resultant hybrid between Paph. callosum and Paph. lawrenceanum;

10.     "Paphiopedilum" or "Paph.," shall mean any species or hybrids of Paphiopedilum Pfitzer, nomen conservatum Morphologische Studien über d. Orchideenblüthe: 11, 1886 with a type species of Paphiopedilum insigne (Wall. ex Lindley) Pfitzer;

11.      "Phragmipedium" or "Phrag.," shall mean any species or hybrids of Phragmipedium Rolfe, nomen conservatum Orchid Review: 1896 with a type species of Phragmipedium caudatum (Lindl.) Rolfe;

12.     "Seedling" shall mean any plant which is not yet of a mature flowering age and size.  Such seedlings may be the result of cross-pollination of two plants, or self-pollination in the case of desirable species or hybrids.  Such seedlings are guaranteed to be healthy and free of pests, viruses and other unwanted conditions to the best of DeValmont's knowledge.  See Section 1.3 Guarantee for additional guarantee information;

13.     "Self" shall mean any plant produced through the pollination, for the purpose of artificial propagation, of a plant onto itself, a form of asexual reproduction.  The resulting seedlings, although of the exact same parent, will contain different genetic material ("code") from the parent plant;

14.     "Sib" shall mean the cross-pollinations of the same species or hybrid to propagate more of the same species or hybrid using parents of differing codes.  Plants of the same species or hybrid that are not divisions of each other will contain different codes despite the fact that they are of a similar nature;

15.     "Species" shall mean any species, subspecies, or geographically separate population thereof.

Section 1.2  Flasking.  

1.     DeValmont performs its own Flasking and has the appropriate facilities and knowledge for such procedures.  In the near future, DeValmont will make available to the general public residing in the United States of America, such Flasks produced through its selective breeding program.  

1. Flasking is a term generally used in the Orchid world and refers to the process of  germinating orchid seeds in a sterile laboratory environment.  Such seeds are sown onto a nutrient rich agar based medium in an Erlenmeyer type vessel, (hereto referred to as "Mother Flask").   After germination, such seedlings are allowed to grow for a period of three to four months.  After reaching a certain stage of growth, such seedlings are then transferred (hereto referred to as "Replate") onto a fresh nutrient rich agar based medium in an Erlenmeyer type vessel and allowed to grow for a term of approximately, but not limited to, one year.  After such period, such seedlings are then transferred into Compots;

2.     Colchicine Treated Flasks.  From time-to-time, DeValmont will offer Flasks which have been treated with Colchicine; an alkaloid extracted from plants of the genus Colchicum and especially from the corms of the autumn crocus, Colchicum autumnale. The metabolic effect of colchicine is not known, but it is thought that it may decrease production of lactic acid and prevent accumulation of uric acid crystals in the body, making it useful in the treatment of gout. Colchicine and derivatives such as demecolcine inhibit mitosis, or cell division. As a mitotic poison, it inhibits rapidly proliferating cells and has been used in cancer therapy and as an immunosuppressive drug. Colchicine has also been used to visualize chromosomes photomicrographically and to induce mutations experimentally.  (Encyclopedia Entry)  This chromatic photomicrography has in the past, but is not guaranteed to do so in the future, proven to create mutations with an increased chromosome count, referred to as polyploids, resulting in plants chromosome numbers of 3x or higher.  See Exhibit C for additional information on colchicine and plant chromosome information.

1.     Chromosome numbers.  A brief explanation of plant chromosome numbers is provided in this Article I Section 1.2(b)(i).  See Exhibit C for additional information on colchicine and plant chromosome information.

Basic chromosome number (x)

= number of chromosomes in a genome.

Haploid chromosome number (n)

= number of chromosomes in a gamete

In a diploid plant species

• x = n
• each somatic cell has 2n = 2x chromosomes
• each gamete has n = x chromosomes

3.     Flasking Service.  In the future, DeValmont will make available its Flasking Service.  At the current time, this service is not available until DeValmont completes its Flasking facility upgrade.

Section 1.3  Warranty and Exclusions.   DeValmont does hereby guarantee to the best of its knowledge the authenticity of such plants listed in Article II of this website.  DeValmont's warranty and exclusions are outlined in this Article I Section 1.3:

1.     While every effort is made to produce accurate error free listings, typographical errors occasionally do occur;

2.     It is DeValmont's intention to supply accurately labeled Divisions, Seedlings, Flasks and Compots.  In the event that you have received a plant that has been mislabeled, please notify us immediately, DeValmont's liability will be limited to the purchase price;

3.     DeValmont gives no warranty, implied or expressed as to the productivity of any of the plants DeValmont sells and will not in any way be held responsible for the crop.  Many of the crosses that DeValmont sells are speculative and it is impossible to predict with certainty the outcome of hybrid crosses.  The descriptions, if provided, listed are DeValmont's best guess for the outcome of that particular cross;

4.     DeValmont's liability, in all instances, is limited to the purchase price of the plants we sell.  If you receive your plants in unsatisfactory condition, please notify the carrier immediately and contact us within 48 hours so that we may rectify the problem.

Section 1.4  Return Policy.  [DISCUSS]

Section 1.5  International Orders.  At the current time, DeValmont cannot accept international orders pursuant to Article III of the Convention on International Trade of Endangered Species Act (hereto "CITES") for parties residing in a State which is a Party to the present Convention and Article X for parties residing in a State which is not a Party to the present Convention.  See Section 3.2(c) Exhibit A International Orders and CITES for more information on CITES documentation.

Section 1.6    Ordering Information.  At the current time, DeValmont accepts Money Orders or Visa/MasterCard via Paypal™.  For additional ordering information, please see Article III of this website.

Section 1.7    Contact Information.  DeValmont may be reached via e-mail at devalmontorchids@aol.com,  please subject all initial e-mail correspondences with the language "ORCHIDS" to prevent confusion between e-mail inquiries and SPAM.  After initial e-mail contact, if correspondence via telephone, facsimile or surface mail is required, such information will be exchanged between the buyer and DeValmont as needed.

Section 1.8    Copyright.  This site is protected by the Berne Convention.  We allow downloading and printing from this site for personal use only.  Reselling material, translating into another language for other than personal use, or downloading for any other purpose is strictly prohibited.  If you are an owner of a copyright which you think may be infringed on this site, please send an email to DeValmont.

All claims of copyright infringement should be in writing and should be directed to DeValmont's designated agent at the following electronic mail address:

Email: DeValmont

Please include "DMCA" in the subject line if sending an email.

Claims of copyright infringement should include all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single claim, a representative list of such works at that Web site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DeValmont to locate the material.

4. Information reasonably sufficient to permit DeValmont to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.