ROYSTON PETRIE SEEDS PTY LTD
ABN: 99 001 381 648
TERMS & CONDITIONS
1 | PRICES
a. The Supplier shall publish from time to time a price list and/or other documentation, which shall list the price of the goods and such price may be varied by the Supplier without notice to the Customer up until and including any time prior to the placement of the order with the Supplier.
b. All Prices shall be quoted as a price exclusive of GST and shall include any other costs associated with the provision of the product to the Customer (excluding postage and packaging).
2 | TERMS OF PAYMENT
The Customer shall pay for the goods at the time of delivery unless expressly agreed otherwise in writing between the parties.
Approved credit account Customers shall pay the Supplier the purchase price 30 days from invoice date.
All Customers who fail to discharge payment of the invoice within a reasonable period as determined by Royston Petrie Seeds, may result in:
- Account being placed on hold
- Discontinuation of discounts
- Account being placed in hands of collection agency
- Future orders being sent only if pre-payment is received
3 | DELIVERY
All products shall be delivered to the Customer via Australia Post at the Customers expense. The Customer may request the Supplier to arrange for alternative transportation of the goods to a place nominated by the Customer at the Customers expense. All products shall be sold to the Customer from the Suppliers principal place of business. The Supplier shall not be under any obligation to transport the goods to any location unless the goods have been paid for in accordance with these terms and conditions.
4 | RETURN OF GOODS AND CANCELLATIONS
a. The Customer shall be entitled to cancel any order for the goods providing the Supplier has not incurred any costs associated with the obtaining of the product, has paid for the product from the primary Supplier and/or has prepared the goods for sale to the Customer in the quantities requested by the Customer.
b. The Customer agrees that the Customer shall not be entitled to return any goods without the express prior written agreement of the Supplier and the Supplier shall be entitled to charge a handling fee for any returns and the Customer accepts liability to pay such fee.
c. Subject to paragraph (d) following, the handling fee shall be a minimum of 5% of the value of the goods but not more than 20% of the value of the goods unless the Supplier has paid for the product from the primary Supplier.
d. Specially treated and/or specially packed goods may, if with the written agreement of the Supplier, be returned subject to a re-handling charge of 50% of the value of the goods.
5 | EXCLUSIONS OF LIABILITY DISCLAIMER
a. No warranty, either express or implied, is given in relation to the goods and any liability arising out of or in respect of the supply, re-supply, use, re-use, or safety of the goods, howsoever arising, and including any liability the Supplier may otherwise have had by virtue of any representation, warranty, condition or term, whether express or implied by law or custom and whether for consequential loss, loss of profits or contracts, or loss of use or for any direct, indirect or consequential loss (including any liability in relation to the resultant crop) or otherwise is hereby excluded.
b. Goods are supplied only for the purpose of growing crops for human and/or animal consumption and not for the purpose of multiplication.
c. The results and specifications shown on the Suppliers documentation and containers have either been provided to the Supplier by the manufacturer and have not been verified by the Supplier or have been obtained by the Supplier under controlled conditions and should not be relied upon by the Customer. Those results and specifications may not be obtainable under other growing conditions or once the goods have left the Suppliers premises.
6 | PROPERTY AND RISK
a. Property in and title to the goods shall remain with the Supplier and the Supplier reserves the right to dispose of the goods until such time as all moneys owing by the Customer to the Supplier from time to time have been paid in full.
b. The risk in the goods purchased shall, unless otherwise agreed in writing, pass to the Customer immediately upon the goods leaving the Suppliers premises. The Customer shall effect and maintain adequate insurance of the goods in the names of the Customer and the Supplier for their respective rights and interests.
c. If the Customer fails to pay any amount owing to the Supplier when it is due, the Supplier may, without notice and without prejudice to any of its other rights and remedies, recover and/or re-sell the goods or any of them and may enter upon the Customers premises by its servants or agents for that purpose.
d. The Customer shall store the goods in a way that clearly manifests the Suppliers ownership of the goods.
e. The Customer acknowledges that while the Supplier retains property in and title to the goods, it holds the goods as bailee of the Supplier and that a fiduciary relationship exists between them in relation to the goods in the ordinary course of its business but only as agent for the Supplier
7 | DELIVERY TIMES
a. The Supplier shall undertake its best endeavours to satisfy the order placed by the Customer within the time frame requested by the Customer provided further that should the Supplier fail to obtain the product within the time frame required by the Customer the Supplier shall be entitled to notify the Customer that the product will not be available by the agreed date. The Customer shall not be entitled to make any claim for compensation upon the Supplier as a result of or arising out of the late provision of the product.
b. The Customer shall be entitled to cancel the order provided the handling fees referred to in paragraph 4 of these conditions have been paid.