Terms & Conditions of Sale

1. APPLICATION TERMS

Unless we agree otherwise in writing, these Terms will apply to every Agreement and cannot be varied or replaced by your own terms and conditions of purchase. We may vary or amend these Terms at any time, at our discretion.

2. ORDERS

We may accept or reject orders, at our absolute discretion.

3. PRICING

   1. Prices quoted for the supply of goods and services are exclusive of GST and any other applicable taxes, duties, and delivery charges. These are payable by you in addition to the Price.

   2. Prices listed are for plants grown in containers of the size indicated. Plant heights are given as guidance only.

   3. A written quotation is valid for 30 days unless stock is sold out earlier or otherwise agreed in writing.

   4. If you request any variations after placing your order, the price will be adjusted accordingly.

4. PAYMENT

   1. Unless otherwise agreed in writing payment in full is due two business days prior to delivery.

   2. Approved credit customers will be invoiced upon delivery, full payment of goods and services outlined on the invoice must be paid to Warners Nurseries within the agreed payment terms.

   3. Payments by electronic funds transfer, or credit card are not deemed made until the proceeds have cleared.

   4. Payment terms may be revoked or amended at Warners Nurseries sole discretion immediately upon giving the Customer written notice.

5. DELIVERY

   1. Unless we have agreed otherwise in writing, orders will only be dispatched upon payment in full of our invoice.

   2. Delivery charges are calculated based on the delivery destination, quantity, and size of stock. We will advise you of the estimated charges upon placement of your order. However, this estimate is not binding on us. The actual delivery costs may vary and are payable in full by you.

   3. Any date for delivery of goods is an estimate only and not a contractual commitment. We will make every reasonable effort to meet the delivery date but will not be liable for any loss or damage suffered by you or any third party if we fail to meet the delivery date. If we cannot make delivery on the delivery date, we will make delivery as soon as practicable and within a reasonable time.

   4. We reserve the right to make partial delivery of your order where necessary.

   5. At the time of delivery, a representative for the Customer must be present to accept the goods
and be able to assist with unloading. If you are unable to supply a person to assist, we may provide a second delivery person, subject to availability, at an additional cost to you.

   6. Drivers employed by Warners Nurseries are not required to deliver goods further than any boundary fence of the Customer’s property or further than ten metres from the delivery truck, whichever is closer.

   7. Unless by prior arrangement with Warners Nurseries, drivers employed by Warners Nurseries are not required to take the goods:
(i) through to a Customer’s backyard;
(ii) up or down stairs; or
(iii) around any obstacle that may present an OH& S hazard to the driver.

   8. If delivery is attempted at the agreed time and place and is unable to be completed through no fault of our own, or the above conditions have not been met, you are deemed to have taken delivery of the goods. You will be liable for the costs of re-delivery and handling costs arising from the failed delivery attempt. These costs are payable upon demand.

   9. If we have agreed that you will collect the goods from us:
(a) you must collect the goods within 14 days of being advised they are ready for collection.
(b) if the goods are not collected within this time the order will be deemed cancelled, and all stock returned for sale.

6. RETENTION OF OWNERSHIP

Until we receive payment for invoiced goods from you in full, we retain ownership of all goods.

7. REFUNDS, DEFECTS & SHORTAGES

   1. Any shortage or damage to plants in transit must be drawn to the attention of the carrier at the time of delivery.

   2. Any claims for defects must be notified to us within 3 days after delivery.

   3. If we accept a claim for damage or shortage we may, at our option replace the goods or refund the purchase price.

   4. Our liability is limited to the maximum extent permitted by the Australian Consumer Law. No liability is accepted in excess of the price paid.

   5. We will not accept liability for the continued growth and health of plants after delivery.

   6. We will not under any circumstances accept goods for return that have been planted or are not in their original condition and packaging.

   7. If the customer or the customer’s client decides not to proceed with the purchase after delivery, the stock must be returned at the customer’s expense within 3 days of receipt and in line with clause 7.6 listed here.

8. CANCELLATION

If we are unable to deliver the goods as ordered, we will contact you to discuss a suitable alternative. We reserve the right to cancel the Agreement by written notice to you if no suitable alternative can be agreed.

9. RISK & INSURANCE

   1. All risk in the goods and all responsibility for insurance for theft, damage or otherwise will pass to you immediately on delivery or supply (i.e.: pickup by you or another freight carrier)

   2. To the full extent permitted by law, we exclude all risk and liability for loss, damage, or injury to persons or to property arising out of the use or possession of any goods sold.

10. OUR GUARANTEE

We guarantee that all plants supplied by us will be true to type and in a sound and healthy condition at the time of delivery. If any plants do not meet these criteria, we will replace them or, at our discretion, refund the price provided that we are notified of any defects within 3 days of delivery.

11. MISCELLANEOUS

Nothing in these Terms is to be interpreted as excluding, restricting, or modifying or having the effect of excluding, restricting, or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.