These conditions of sale apply to every order accepted by the Seller to the exclusion of any conflicting terms and conditions stipulated, incorporated or referred to by the Buyer in an order or in any document, correspondence or negotiations. No variation of these terms shall be valid unless agreed in writing by the Buyer and the Seller.
2. SIZING OF TREES
All cut trees are measured from the base to where the laterals fold on the leader. All containerised trees are measured from root collar level to top of leader.
3. CONFIRMATION OF ORDERS
Orders will be confirmed subject to availability of stock. The Seller reserves the right to offer substitute product lines, without penalty or liability, where stock is unavailable to fill confirmed orders. The Seller undertakes to provide notice of such substitutions by 10 November. No substitution will be made without the written acceptance of the Buyer.
4. VARIATION / CANCELLATION OF ORDERS
Once an order has been placed by the Buyer and accepted by the Seller, the Buyer may only cancel or vary such order on or before 30 September. Thereafter it is irrevocable and the buyer must pay for all goods ordered.
a) The Buyer is obliged to fax any signed amendments to the delivery note to the seller within 24 hours of delivery. b) To ensure speedy resolution of any queries, all discrepancies in each individual product must be notified to the Seller at time of delivery. The Seller cannot give credit for shortages which are not notified immediately. c) Orders which are delivered on pallets may vary by +/- 10% from the order placed by the Buyer. d) The Buyer agrees to accept any variation of +/- 10% from the original order and agrees to pay for the number of trees delivered. e) Where on further inspection the quality, quantity or condition of the goods is not acceptable to the Buyer, complaints must be notified to the Seller in writing within 48 hours of delivery. No credits will be given in relation to complaints not notified within this 48 hour period. f) A postponement of the delivery time by up to fourteen (14) days because of the Seller’s circumstances shall be deemed to be on-time delivery in every respect, and the Buyer may not make any claims against the Seller on these grounds. Neither shall such circumstances at the Buyer give the Buyer any right to cancel the order or refuse to accept the goods on delivery.
6. RISK AND TITLE
a) Risk of loss or damage to goods and each consignment, thereof, shall pass from the Seller to the Buyer when the carrying vehicle transporting the goods or any consignment thereof arrives at the Buyers premises. Where the Buyer or the Buyer’s agent collects the goods, the risk on goods so collected shall pass on collection. Where excessive needledrop occurs on delivered trees, the Seller will only accept responsibility for those trees which were unpacked from pallets and netting within 24 hours and where needledrop has occurred the Seller must be notified within 7 days of delivery. The buyer has a duty to unpack and keep the trees fresh and the Seller is not responsible for any deterioration in quality or freshness which occurs more than 24 hours after delivery. b) Title to goods or any consignment thereof, shall remain the Sellers until receipt in full without any