These terms and conditions apply to every sale of Goods by Arbornet and are binding on Arbornet and the Customer, and can only be altered by written agreement. The summary of clauses on the order form is for convenience only, and if there is any conflict between the summary and these terms and conditions then these terms and conditions prevail.
2. PAYMENT OF DEPOSIT AND BALANCE
* This stock will not be delivered until payment is made in ful.
(a) The Customer must pay the Deposit to Arbornet with every order. Arbornet may accept an approved binding purchase order in Lieu of a deposit.
(b) An order will not be accepted by Arbornet until the full amount of the Deposit is paid in full.
(c) Plants will only be tagged when the Deposit is paid in full.
(d) If the Customer cancels the order, the Deposit is forfeited by the Customer; although Arbornet may transfer the Deposit to another order from the same Customer in its sole discretion.
(e) The Customer must pay the Balance to Arbornet in full, in cash or bank cheque, before the Goods are collected or transported, unless credit facilities have been approved.
(f) Surcharge at a rate of 1.5% will be charged if full payment is not received after 7 days of receiving stock
3. GOODS REMAIN PROPERTY OF ARBORNET
Until the Customer pays, the Balance in full and without deduction:
(a) the Goods remain the sole property of Arbornet and title in the Goods does not pass to the Customer; and
(b) the Goods are held by the Customer or by any other person only as bailee for Arbornet; and
(c) Arbornet is irrevocably licensed to enter any premises without notice and to remove the Goods, and the Customer and indemnifies Arbornet from any liability (including any costs claims or demands) which may arise from Arbornet taking any such action.
4. DELIVERY DATE
(a) When an order has been placed and the Deposit paid, Arbornet will use its best endeavors to have the Goods available for delivery on, or within 14 days of, the Delivery Date.
(b) The Delivery Date is an estimate only, and may be changed by Arbornet in its sole discretion at any time.
(c) If the Goods are not delivered on the agreed Delivery Date, the Customer must give Arbornet a minimum of 5 working days notice to re-schedule delivery.
(d) If Arbornet does not have the Goods, or any part of them, available for collection on or within 14 days of the Delivery Date for any reason:
i. Arbornet will advise the Customer as soon as practicable; and
ii. Arbornet will use its best endeavors to offer the Customer alternative Goods as close as possible to the Goods ordered; and
iii. either Arbornet or the Customer may cancel that part of the order which is not available for collection by giving the other written notice, in which case Arbornet will refund that part of the Deposit which relates to the uncollectable Goods, within 30 days; and
iv. Arbornet is not responsible to the Customer for any loss the Customer may suffer as a result of any delay, or by any failure to have the Goods available for collection; and
v. The Customer is still obliged to collect that part of the Goods which is available for collection and to comply with these terms and conditions in relation to them.
vi. Landscaper must be present to accept stock .
vii. Landscaper must check quality of stock immediately and returned upon inspection.
viii. Arbornet will not accept any return of stock after a period of twenty four hours.
ix. Arbornet will not accept any rejected stock that has already been planted or removed from its original container.
x. Arbornet accepts no liability whatsoever for any damage caused to fences, buildings, plants, trees, or underground or above pipes, conduits or cables or any structure whatsoever by any trees supplied by ArborNet.
xi. ArborNet will not project manage unless specifically asked for and priced accordingly
5. HOLDING CHARGES
The Delivery Date agreed with Arbornet in writing at the time the order may only be changed by written agreement with Arbornet, and on the following conditions:
(a) Arbornet may substitute or retag plants ordered in its absolute discretion; and
(b) The Customer must pay the following further amounts to Arbornet:
i. 20% of the Purchase Price, payable on the Collection Date agreed at the time of the order; plus
ii. 20% of the Purchase Price, payable on the 30th day of each month after the Collection Date until the Purchase Price is paid in full; plus
iii. 5% of the of the Purchase Price, also payable on the 30th day of each month by way of maintenance fee; plus
iv. Potting fees, if the plants need to be repotted to maintain their vigour and quality; and
(c) Arbornet may retain the Deposit, plus any amounts paid or payable under this clause, and resell the Goods, without further notice to the Customer, if:
i. any of the above amounts are not paid by the Customer in full on the dates due; or
ii. if the Goods are not delivered within 6 months from the Delivery Date.
(a) Prices quoted are for the Goods and Transport only unless stated otherwise.
(b) As required by the Customer, ArborNet will arrange Transport of the Goods by a contract carrier to a location specified by the Customer:
i. at the risk of the Customer; and any insurance must be arranged and paid for by the Customer; and
ii. Arbornet takes no responsibility whatsoever for the carrier, the transport, or the delivery, of the Goods.
(c) Arbornet will use a combination of contract carriers and delivery rates will be based on truckloads (i.e. full truckloads or partial truckloads).
(d) The Customer must arrange sufficient personnel and proper equipment to be available to accept delivery and unload the Goods. If not provided, the Goods will be returned to Arbornet and redelivery must be promptly arranged and paid for by the Customer.
(a) The risk of the Goods and all responsibility for them passes to the Customer on the Goods being made available by Arbornet for delivery, whether loaded by Arbornet, the Customer, a carrier, or by any other person.
(b) ArborNet is not responsible to the Customer for, and no claims can be made against Arbornet for:
i. any loss of or damage to the Goods after loaded for delivery, including during transport or delivery, before planting or during planting, whether or not arranged by Arbornet; or
ii. any loss, including consequential loss, suffered by the Customer or by any third party arising as a result of:
A. the Goods not being available for delivery on the Delivery Date, or delivery being delayed; or
B. the supply, sale, loading, collection, transport or delivery of the Goods, however it may occur;
except to the extent of conditions and warranties implied by law, and not able to be excluded.
(e) Prices quoted are valid for 30 days only from the Date of Quote.
(f) The Customer must pay all government charges and taxes payable in relation to the sale supply collection or delivery of the Goods, including GST, in addition to the Purchase Price.
(a) Arbornet warrants that the Goods are true to the description under which they are sold, and guarantees that plants supplied are healthy when delivered.
(b) Arbornet gives no warranty about:
i. the availability of variety or size of plants specified in the order, as the variety and size of plants specified in the order are indicative only, and variations in variety and size will occur; or
ii. the growth, productivity or longevity of plants sold.
(c) Any claims about defects in the description or health of plants must be made in writing within 5 days of delivery, and no liability is accepted in excess of the purchase price paid for the defective item.
(d) Any advice provided by Arbornet is given in good faith, but Arbornet gives no warranties about the accuracy or completeness of that advice, and takes no responsibility for that advice or for any loss that the advice may cause.
10. PLANT VARIETY RIGHTS ACT
(a) The Goods may be subject to protective rights including restrictions on propagation and sale under the Plant Variety Rights Act 1987.
(b) The Customer is bound by any such rights or restrictions that attach to the Goods.
(c) The Customer indemnifies Arbornet against any costs or any claim for loss or damage it may be liable for as a result of any breach of any such rights or restrictions by the Customer, or any successor in title to the Customer.
The law of the State of Victoria applies to these terms and conditions.
I am the Customer and by signing below I acknowledge that I have read and understood these terms and conditions, and I agree that I am bound by them.