Highlands Horticultural Terms & Conditions
Definitions
1. “Purchaser” means the client, customer, consumer who buys or intends to buy the tree/s from the Nursery as stated on the "Confirmation of Your Order" and/or Invoice.
“Nursery” means Highlands Horticultural Corp Pty Ltd ABN 46 661 928 392.
“Plants” means the plant (and any plants propagated from them) in the number and variety listed on the "Confirmation of Your Order" or invoice.
Conditional Contract
2. A contract of sale is subject to the Purchaser entering into a Non-Propagation Deed provided by the Nursery to the Purchaser at or about the same time as it enters into this contract or prior to delivery of the Plants. This clause does not apply to the sale of Plants that are of a public variety and are not subject to any restrictions to propagation.
3.If the Purchaser has previously entered into a Non-Propagation Deed with the Nursery and others (if any), then no further Non-Propagation Deed is necessary unless the Nursery requires it, but the Purchaser must provide to the Nursery prior to delivery of the Plants a location map and address of where the Plants will be planted.
PBR (Plant Breeders Rights)
4. The Purchased expressly waives any and all rights under section 17 of the Plant Breeder’s Rights Act 1994 (Cth) and any similar or substituted laws to the maximum permitted by law.
Sale and Purchase
5. A "Confirmation of Your Order" constitutes an offer by the Nursery to sell the Plants to the Purchaser. All previous offers by the Purchaser to purchase the Plants from the Nursery are expressly rejected by the making of this offer by the Nursery. The Purchaser indicates its acceptance of the terms of this document by either:
signing a "Confirmation of Your Order"; or
accepting delivery by the Nursery or collecting the Plants, as the case may be.
6. The Purchaser has agreed to purchase from the Nursery and the Nursery has agreed to sell to the Purchaser the Plants at the price listed on a ‘Confirmation of Your Order’.
7. The Purchaser acknowledges that the propagation of Plants is subject to a variety of factors over which the Nursery has little or no control. These factors may result in the Nursery not being able to deliver the number of Plants contracted for. In such circumstances, the number of Plants ordered shall be deemed to be varied by agreement to the number of Plants that the Nursery delivers and the Nursery shall be deemed not to be in breach of this contract of sale by delivery of the reduced number of Plants.
8. Subject to clause 6, the Purchaser must notify the Nursery in writing of any alleged shortfall in the numbers of, or damage to, the Plants (or any of them) delivered within 24 hours of the date of delivery to the Purchaser;
If the Purchaser has not notified the Nursery in accordance with this clause 7, the Purchaser shall be deemed to have waived its rights against the Nursery for any claims arising from or related to the relevant notification.
9. The Nursery makes no recommendation of any one cultivar or rootstock in preference to any other. The Purchaser acknowledges that it accepts responsibility for its own choices of Plant, cultivar or rootstock irrespective of any recommendations, advice or information provided by the Nursery.
No warranty
10. The Purchaser acknowledges that no information, representation or warranty has been made by the Nursery as to:
the origin, fitness for purpose or quality of the Plant;
the suitability of the plant for the Purchaser’s needs and environment; and
the performance of the Plant and fruit variety to which it belongs,
and the Purchaser acknowledges that it has not relied on any such information, representation or warranty.
11. No warranties or representations are made whatsoever by the Nursery about the Plants. In particular, no warranties or representations are made by the Nursery:
- that the Plants will grow;
- that the Plants will grow into a crop that is fit for any particular purpose or end use;
- that the Plants will produce fruit;
- that the fruit produced by the Plants will be fit for:
- o any particular purpose, commercial or domestic;
- o end use; or
- o human consumption.
12. All other conditions and warranties which are implied by law or by trade usage including in particular any identity, trueness to type, merchantability or fitness of the Plants for any particular purpose here are hereby excluded to the maximum extent permitted by law.
Right to Refuse
13. We reserve the right to refuse service. Where payment has been made online, we will supply products as ordered, or refund the purchase money, at our discretion.
No Returns
14. We cannot accept any returns of stock. There is a large range of climates, microclimates, soil types, pests, diseases and level of care that will impact on the plants’ development once they are in place. Our plants are raised with a high level of skill and bio-security in controlled environments and we expect them to continue to grow well.
The Purchaser acknowledges the Nursery is not responsible after the plants leave our hands nor risk pests coming into the Nursery.
Plant Selection
15. We offer the option to make an appointment and personally select some, or all, of your plants from our nursery locations with pickup or delivery. We are not a Public Nursery – it is a Private property. We want you to come and visit, but it must be by appointment only.
Refunds
16. Refund of purchase price less 3rd party transaction costs should you change your mind before plants are loaded for delivery and no later than 3 days from ordering, at our discretion. We cannot hold stock indefinitely, but please contact us directly should you need special arrangements.
