Terms of Trade

Greenhills Propagation Nursery Pty Ltd is hereafter referred to as “The Company”.

GST: All prices quoted do not include GST.

Prices & Labels: All prices quoted are subject to alteration without prior notice at any time prior to dispatch. As a condition of sale of cultivars protected for The Company under the Plant Breeders Rights Act, The Purchaser agrees to ensure that every plant supplied by The Purchaser to any other party has our official PBR label attached.

Availability & Delivery: All orders placed are accepted on the basis that they will be supplied as ordered subject to shortages or other factors caused by conditions beyond The Company’s control. Dates given for delivery are not to be treated as conditions of sale. The Company accepts no liability whatsoever in respect of any failure to deliver, or any delay in delivery, of any product. Under no circumstance whatsoever shall The Company be liable for consequential loss, whether suffered by The Purchaser and/or any third party.

Minimum Order Quantities: A minimum of 250 plants per cultivar.

Freight & Packaging: Prices are EX NURSERY and do not include freight, packaging or other charges incurred. All charges and liabilities incurred by The Company in the process of packaging and delivery of goods will be charged to and paid for by The Purchaser at cost.

Claims for Loss or Damage: Please notify the transport company immediately and lodge a claim with them. Please also advise The Company of any problems or claims lodged with the transport operator.

Other Claims: Any claim in respect of inferior quality or insufficient quantity of goods which is not excluded by these terms of trade will only be recognised by The Company if it is advised in writing of the details of such a claim within 7 days of receipt of goods. In no event shall the liability of The Company exceed replacement of the goods in question or a credit of invoice value of the defective goods returned to The Company.

Credit Facilities & Payment: Without prejudice to its other rights, The Company shall be entitled to withhold delivery until payment or until The Purchaser’s credit worthiness is established as satisfactory to The Company. Where The Company has agreed to extend credit, all accounts MUST be paid IN FULL nett 30 days. An ACCOUNT SERVICE FEE of 2 per cent per month will be charged and payable on all overdue accounts together with any recovery costs. Any default in payment shall make all the monies payable by The Purchaser to The Company immediately due.

Limitations of Liability: The Company takes the greatest care to have all plants sold by them to the best of their knowledge true to name and description. Any expressed or implied condition, statement or warranty, whether statutory or at common law or otherwise, as to growth, name, description, merchantability, fitness for purpose, performance quality or productiveness is hereby excluded by The Company.

Title and Risk: All responsibility of goods will pass from The Company to The Purchaser upon loading onto a transport operator bound for The Purchaser. Notwithstanding the passing of risk, the legal ownership of the goods, which are sold by The Company to The Purchaser, shall remain with The Company until payment in full of the purchase has been received.