Conditions of Sale.
1. Riverina Nursery Pty Limited ("Riverina Nursery") and the
purchaser named, ("the purchaser") agree that the goods sold
by Riverina Nursery shall be sold subject to these Conditions of Sale,
which conditions shall prevail over any inconsistent conditions referred
to in any other documents including without limitation any order forms
submitted by the purchaser.
2. In the event of your order not being supplied or being partially supplied
for any reason, Nursery's liability shall be limited to the refund of
the deposit paid in respect of the portion of the order not supplied.
Cancellation of orders will result in your deposit being forfeited to
Riverina Nursery.
3. Riverina Nursery must receive a cancellation of an order in writing,
which will then be confirmed by return letter.
4. Where goods and services supplied by Riverina Nursery are liable to
Goods & Services Tax (GST) then the GST will be payable at the rate
then applying in addition to the supply price stated for the said goods
and services, unless that price is expressly stated by Riverina Nursery
to be inclusive of GST.
5. Payment is strictly C.O.D. for non-account customers, unless prior
arrangement has been made and evidenced in writing by Riverina Nursery.
6. Riverina Nursery retains title in all goods supplied until payment
is received, by Riverina Nursery, in full.
7. If final payment is not received within 7 days of being requested,
the purchaser irrevocably authorises Riverina Nursery by its servants
or agents to enter any property where plants are stored or have been planted,
in order to retrieve said plants without penalty.
8. Riverina Nursery supply plants on the basis that to the best of our
knowledge, expertise and reasonable enquiries they are true to type and
variety represented but do not warrant the suitability, type or description
of plants sold.
9. Except as provided herein, all express and implied warranties, guarantees
and conditions under statute or general law as to merchantability, description,
quality, suitability or fitness of the goods and/or services provided
by Riverina Nursery for any purpose or asto workmanship or otherwise are
hereby expressly excluded and in no event shall RiverinaNursery its servants
or agents be liable for physical or financial injury, loss or damage or
for consequential loss or damage of any kind arising out of any good or
service provided or performed or omitted to be provided or performed by
or on behalf of Riverina Nursery or arising out of Riverina Nursery its
servants and/or agents' negligence or in any way whatsoever.
10. Riverina Nursery's liability for a breach of a condition or warranty
implied by Div 2 of Pt V of theTrade Practices Act 1974 (other than s
69) state legislation of similar effect or any other liability which cannot
be excluded is hereby limited at Riverina Nursery's option to the supplying
of the goods or service again or the payment of the cost of having the
goods or other service supplied.
11. Any discrepancies or other issues associated with your order must
be brought to the attention of Riverina Nursery within 7 days of delivery
of plants. Riverina Nursery reserves the right to request return of any
plants before applying credits/replacing stock.
12. The plants are at the entire risk of the customer from the date of
despatch and the supplier accepts no responsibility for the conditions
of plants delayed in transit or subjected to mistreatment once they have
left the suppliers premises. The same conditions apply from the date of
delivery from Riverina Nursery transport.
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