TERMS AND CONDITIONS
1. SPECIFIC HORTICULTURAL TERMS AND CONDITIONS
The following specific horticultural considerations need to be applied for the effective ordering, procurement, management, transport and delivery of plants stock provided by Plantmark.
1.1 Acceptance of Quotation or Proposal
Intent to accept a quotation or order shall be made in writing to Plantmark, confirming the plant schedule and expected date or dates of planting.
1.2 Formal Acceptance
Formal acceptance of a quotation is made by the provision of a formal purchase order and or the signing and acceptance of a formal contract to supply.
1.3 Availability of Stock
All plants stock is available at the time of tendering and is only secured for individual project supply through the issuing of a formal purchase order to guarantee the specific supplier’s stock.
1.4 Order Confirmation
Upon receipt of a purchase order, Plantmark will confirm in writing, generally within 48 hours the availability and pricing of all requested plants for a specific project and provide confirmation of the purchase order accuracy and/or any adjustments required to the purchase order.
1.5 Changes to Orders
Changes to orders, after placement, are required in writing and are subject to availability and or seasonal suitability at the time of notification and may incur a handling fee of 20% of the change request.
To purchase additional Products, the Buyer must place an additional Purchase Order.
1.6 Delays and Postponement
Scheduling of deliveries to site requires considerable coordination between Plantmark, Growers and other 3rd Party Suppliers with the scheduling of transport for the site delivery. Communication and confirmation of delivery dates and times are critical to the care and quality of the plants stock.
Any known delays greater than 10 business days must be communicated in advance to allow for re-scheduling of delivery of supplier stock to the project holding bays.
Any known delays greater than 30 business days may result in cancellation of supply of some stock such as tube stock, and/ or be subject to holding fees and re-potting fees.
1.7 Holding Fees and Re-potting Fees
If an order is delayed from the agreed delivery date, Plantmark will contact the customer and discuss the potential options to for managing the delay. These may include regrowing, substituting, downsizing, and applying holding and re-potting fees to the effected stock.
Holding fees shall commence 30 days from the agreed delivery date.
Plantmark holding fees and re-potting fees and will be calculated based upon total quantity and the period of holding and will include all labour, materials, watering requirements and ongoing care and maintenance of the plants.
Any orders that are required to be cancelled after a purchase order has been received and confirmed will be subject to 100% cancellation fee of the order.
All deliveries are to be coordinated in advance with at least 10 working days’ notice. All deliveries are quoted and carried out Monday – Friday, 7am – 3pm, excluding public holidays. Outside the above specified hours will be subject to a surcharge
1.10 Unloading at Purchaser Site
Customers must have personnel on site at time of delivery to carry out unloading. If no personnel are present to assist, the stock may return to Plantmark and the customer may be charged a restocking fee of 20% of invoice value.
It is the responsibility of the customer to check all living products upon delivery. Once the products are delivered Plantmark cannot guarantee the viability of the products due to external factors, including but not limited to, the treatment of the plants, soil conditions, weather, and environmental factors.
Plantmark require notification in writing no later than 48 hours after delivery of the living products if those products are damaged or significantly different from their description or sample. Plantmark will investigate such notice and inspect the relevant products in good faith. If Plantmark agree that the relevant products were damaged on delivery or significantly different to their description or sample, Plantmark will replace the products.
1.12 Tree Certification
The customer must notify Plantmark if tree testing and certification is required at time of quoting. Certification as per AS2303:2018 will incur an additional cost per batch tested. Trees used to test compliance will be supplied to the project as part of the order. If a full destructive test is required, the customer is required to pay the full cost of the trees.
2.1 All prices and charges are subject to change without notice based upon demand availability of stock and seasonal fluctuations.
2.2 Except as otherwise provided in the Contract;
(a) Invoices for supply of stock shall be submitted by the Tenderer progressively on a monthly basis until the completion of the Contract supply agreement;
(b) Invoices shall be due and payable within the Thirty (30) days from end of month from the date of the invoice;
2.3 Goods and Services Tax or other taxes, fees or chargers applicable under the Contract shall be added to the quoted prices at the applicable rate.
3. WARRANTY AND STANDARD OF PERFORMANCE
3.1 Plantmark warrants that any stock which forms part of the supply, be free from defects and conform to the specification in the contract. Tenderer obligation under this warranty shall be limited to plant defects or diseases that can be attributed to the growing of the plant prior to the purchaser taking possession of the plants.
3.2 Plantmark obligation under this clause shall not extend to any stock which is provided by the Purchaser for inclusion in the Services or any failure caused by climate conditions, soil conditions, water quality, holding bay conditions and terms which are outside the Plantmark scope of supply, including accidents, misuse, neglect, lack of care, post-delivery of the plants.
3.3 Plantmark liability and the Purchaser’s remedies in respect of stock and any loss or damage resulting therefrom, are solely and exclusively as stated in this clause.
3.4 Plantmark shall have no liability for any defect, or damage unless notified in writing by the Purchaser.
4.1 Unless otherwise agreed by Plantmark and the Purchaser in writing, any variation to the supply shall be valued in accordance with existing Plantmark price schedule provided.
5. LIMITATION OF LIABILITY AND INSURANCE
5.1 Notwithstanding any other provision of the contract, except for damages as set out in Clauses 1-4 above, Plantmark shall have no liability to the Purchaser for any loss of use, production, profit, business, contracts, revenues or anticipated savings, any increase in operating costs or any other financial or economic loss of any indirect or consequential loss or damage whatsoever whether suffered by the Purchaser or by any third party.
5.2 The total liability of Plantmark to the Purchaser shall not in any event exceed in aggregate an amount equal to 100% of the Contract Price paid by the Purchaser.
5.3 Plantmark will affect and maintain during the term of the Contract with reputable insurers authorised to carry on business under the Insurance Act, 1973 (Cth):
(a) Public liability insurance for not less the $20 million per event;
(b) Products liability insurance for not less than $20 million in the aggregate for the annual policy period;
(c) Motor vehicle third party property damage insurance cover.
(d) Workers compensation insurance as required by law; and
(e) If the services include design or other professional services, professional indemnity insurance for $10 million for claim and $30 million in the aggregate for the annual policy period.