Auscitrus Trading Terms & Conditions
These terms and conditions constitute a contract between Auscitrus and the Purchaser for the supply by Auscitrus to the Purchaser of the seed or budwood described in the order.
Closing date for orders will be 30th April for seed, 31st July for spring/summer budwood and 31st December for autumn budwood each year. In the event of a variety shortage, all on-time orders will be filled on a percentage basis and no liability including liability for negligence will be accepted by Auscitrus for non-compliance with an order.
Budwood sizes are intended as a guideline only. Some buds may be larger or smaller than specified, and in some cases the specified size may not be available. Seed counts per kg are an estimate and may vary from year to year.
The cost of seed and budwood is determined by Auscitrus. A minimum of 50 buds (budwood) or 100gms (seed) per variety ordered will be charged. Charges for packaging, freight and Health Certificates are additional to this cost. Where goods are shipped by a third party carrier, Auscitrus is not liable for any damage or losses incurred in transit and all risk lies with the purchaser.
The customer must pay for all seed or budwood prior to dispatch or within any credit period agreed byAuscitrus. If payment is not received on or before the due date on credit accounts, the customer agrees to pay interest of 2% per month on all amounts owing. The interest will accrue from day to day on and from the due date to the date payment is made in full.
Auscitrus is unable to warrant and does not represent or guarantee that the material it supplies to the Purchaser is true to type or free of pests or diseases. In respect of the seed or budwood supplied all conditions and warranties of fitness for purpose, of merchantable quality and of correspondence with description or sample whether express or implied and/or implied pursuant to the ‘Sale of Goods Act’ 1923 are excluded from this Contract AND any liability of Auscitrus for tort including negligence, in the supply of seed/budwood pursuant to this Contract is also excluded.
To the extent that the law permits it to do so, Auscitrus hereby limits its liability for any breach of warranty contained or implied in this contract to such one or more of the following levels of liability as Auscitrus in its absolute discretion determines:
- Replacement of the seed or budwood; or
- Payment in the manner of a refund of the price paid for the seed or budwood supplied.
The Purchaser acknowledges that Auscitrus has not warranted or otherwise represented that the seed or budwood supplied is or will be pathogen free (whether or not any such pathogens are detectable at the time of supply) and releases and indemnifies Auscitrus, its agents, employees and servants from any and all liability in respect of the seed or budwood supplied whatsoever (including but not limited to any liability in respect of plants derived from the said seed or budwood) except to the extent that such liability results from the negligence of Auscitrus.
Where an order for seed or budwood has been placed by a Customer by telephone, internet, or fax, that Customer acknowledges that he/she is aware that these terms and conditions shall apply to the resultant contract with Auscitrus.
This contract is governed by the laws of New South Wales.