Terms of Trading

Disclaimer.  

Information as provided from time to time by the Supplier is provided in good faith and the Supplier will endeavor to ensure the accuracy of such information however, under no circumstances does the Supplier accept liability for the accuracy of such information and disclaims responsibility for consequential use of such.
Where articles, electronic or otherwise, include content and/or comment by third parties, discussion groups, etc. these are not necessarily and not to be taken as the views held by the Supplier.

 

1  Parties to Contract.

The supplier is Timbertop Holdings Pty. Ltd. trading as Timbertop Advanced Trees. The customer is a person, business or corporation seeking to acquire stock/services from the supplier.

 

2  Availability/Pricing of Stock. 

Stock is subject to seasonal availability and demand. Prices are subject to change without notice.

 

3  Guarantees.

Stock purchased from the supplier is believed to be true to type. Where reasonable proof shows this not to be the case, the supplier will at its option replace the plant or refund the purchase price. The supplier accepts no liability for consequential or other damages beyond the value of the stock. Because of the many factors beyond the control of the supplier, such as proper handling, soil preparation, drainage, planting, watering, mulching, insect damage and weather, no guarantee can be given, expressed or implied, as to the plants growth, description or crop.

 

4  Selection

When requested, the supplier will select and deliver stock, as available and described, on behalf of the customer. Stock is not delivered for perusal / inspection. The customer agrees to abide by stock selection of the supplier. If in doubt selection of stock at the nursery by the customer is recommended and welcome.

 

5  Returns. 

Any returns are decided at the absolute discretion of the supplier and must have prior approval of its management. Stock is only accepted for return within seven days of dispatch and will be subject to a 20 % restocking / handling fee. No returns are possible for, stock bought in or grown specifically to order, stock that has been planted or removed from original containers and stock that is dug or harvested to order.

Stock returned must be in original health/condition and must not pose a threat to the supplier’s crop health.
Outgoing freight charges are non refundable.  Return freight is responsibility of / chargeable to the customer.

 

6  Receiving. 

Customer must inspect stock on arrival and help with unloading. On Crane Deliveries – Two people must be provided to assist and pass slings.
If unable to meet a delivery or provide personnel, delivery charges will be reviewed and adjusted accordingly.
Customer will be required to sign a delivery receipt accepting the stock in good order and condition. 

 

7  Claims. 

No claims will be considered unless received in writing with in seven days. Damage incurred in transit must be drawn to the attention of the driver while on site.  Where an outside carrier is used, supplier responsibility ceases on delivery of the stock in good order / condition to that carrier.

 

8  Property/Retention of Title.  

All stock remains the property of the supplier until paid for in full but shall remain at the risk of the customer as from the time at which the supplier has it available for delivery.
The supplier shall have full right of access to any property to claim stock, whether planted or not, in the
event of non-payment by the due time.

 

9  Terms of Payment. 

Cash on deliveries to a maximum of $500.00 only. Change may not be available. Credit to approved account holders only. Cheques to a maximum of $3000.00 with identification and subject to approval by our third party clearance provider. (Prior approval is required for deliveries).  All larger amounts, country and interstate orders, and deliveries by external carrier will require payment prior to dispatch.

 

10  Collection of Payment

In the event of payment not being received by the due time interest shall accrue at the rate of 2% per month or $5.00 per statement (which ever is higher).  In the event that an account is placed in the hands of a solicitor or debt collection firm the customer agrees to pay all collection costs. The customer agrees to reimburse the supplier for any bank fees and handling costs if a cheque is dishonored for any reason.

 

11 Registration/Notification.

Account customers agree to notify the supplier of any change of ownership or structure to the customer.  Wholesale customers are required to complete a registration process to ascertain their eligibility which will be decided at the absolute discretion of the supplier. 

 

12  Variation/Orders.

These terms apply exclusively to all sales and cannot be varied or replaced by any other terms or “terms of order” unless expressly accepted in writing by the supplier. 
The customer is responsible for obtaining and providing order numbers. The supplier will endeavor to include all order numbers provided on invoicing. The customer agrees to pay invoicing regardless of order numbers and to identify correct order numbers where missing.
If the customer does not agree to these terms stock must be returned immediately.

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