Terms and Conditions
THE GORGE NURSERY LTD TERMS AND CONDITIONS
All orders are accepted only on the basis that the Purchaser has accepted the following terms and conditions of sale, which together shall constitute the full and complete contract between the Purchaser and The Gorge Nursery Ltd.
All prices are GST inclusive unless otherwise stated. The Gorge Nursery Ltd reserves the right to alter prices as necessary without prior notice.
CONDITIONS OF SALE
The Gorge Nursery Ltd take care to have all plants sold by them to be true to name and description, to the best of their knowledge, but any express or implied condition, statement or warranty, arising by statute or common law or otherwise, as to growth, descriptions, names, quality or productiveness is hereby excluded and The Gorge Nursery will not undertake to replace failures or be responsible for plants supplied.
TERMS OF SALE AND CREDIT APPLICATION
All goods remain the property of The Gorge Nursery Ltd until full payment has been received. Customers applying for credit must fully complete The Gorge Nursery Ltd Credit Application Form and supply two credit references. When credit is granted, all accounts must be paid in full, by the 20th of the month following date of invoice. Should the Purchaser’s credit worthiness be in doubt at any time, The Gorge Nursery Ltd shall be entitled to withhold delivery until payment is made. Overdue accounts will attract an interest charge of 2% per month. Any undisputed accounts required to be collected by a debt collection agency will also attract all collection fees including debt collection agency’s commission fees.
PAYMENT
When purchasing plants online payment shall be made at time of purchase.
When purchasing using an order form, payment shall be made on receipt of confirmation of order before, or at time of, plant pick-up or delivery.
Payment may be made by cash, cheque, direct to our bank account or by Pay pal.
DELIVERY AND FREIGHT
Orders may be collected from the nursery or freighted to a destination. On leaving the nursery premises the goods become the responsibility of and are at the sole risk of the Purchaser. The Purchaser should insure the goods accordingly.
The Gorge Nursery Ltd is not liable in respect of any failure or delay in delivery due to circumstances beyond their control. Dates given for delivery will not be treated as conditions of sale. The Gorge Nursery Ltd will endeavour to meet all delivery dates but no claim shall be made by the Purchaser on account of late delivery. Freight, packaging and handling is not included in the listed price and will be charged at cost.
CLAIMS
The Gorge Nursery Ltd. must be notified verbally within 48 hours of receipt of goods and within seven days in writing, of any damage or complaints related to the goods purchased, and the goods returned to The Gorge Nursery Ltd within 7 days at Purchasers expense, as ownership of goods reverts to The Gorge Nursery. The Gorge Nursery Ltd liability shall not exceed replacement of the goods in question or a credit to the equivalent value of the returned goods
FREIGHT BY ANOTHER CARRIER
On any other carrier, once the goods are loaded onto transport bound for the Purchaser’s delivery address, the risk of the goods is passed from The Gorge Nursery Ltd to the Purchaser. The Gorge Nursery Ltd accepts no responsibility for any damage incurred during or after the delivery of goods being carried by other freight companies.
Any goods damaged during delivery must be notified to the last carrier immediately (within 24 hours).