Plant Production Ltd - Hereafter referred to as "The Company"

Terms of Trade - 1 June 2007

These terms cancel all previous lists.

Price & Labels - All prices quoted do not include GST and are subject to alteration without prior notice at any time prior to despatch. Labels are supplied as indicated in the Trade List, unless agreed otherwise.

Labels & Descriptions - Plant Production Ltd owns and holds copyright over the Prestige' brand of labels. The use of these labels including our trademark symbol incurs royalty that is included in the price of the label. Likewise, labels supplied with plants, we are licensed to grow by other parties may include a royalty for the use of their trademark, copyright, or common law naming rights. All labels information, and advice provided by Plant Production Ltd. is intended as a guide only. Labels are supplied automatically unless explicitly agreed otherwise at the time of the ordering.

Plant Variety Rights & New Cultivars - All plants marked PVR are protected by the Plant Variety Rights Act 1987 at the time of printing. Some varieties marked PVR may be subject to a provisional grant of PVR. Please note that any new varieties sold by Plant Production Ltd may be eligible for PVR protection but may not be marked as such. Plant Production Ltd accepts no liability whatsoever for losses incurred by any other party should any variety become protected at a later date.
The purchaser agrees to report all mutations or sports that may occur on any of the PVR plants purchased from Plant Productions Ltd and agrees to grant sole propagation rights to the owner of that right for the cultivar that may arise from that sport or mutation.
Unauthorised commercial propagation or any sale of propagating material of the PVR protected variety is an infringement under the NZ Plant Variety Rights Act 1987. In the case of vegetatively propagated fruit and ornamental varieties, it is also an infringement to propagate the variety for the purposes of commercial production of flowers, foliage, fruit or other products.

Grades & Suitability - Grades vary in accordance with the natural growth habits of the cultivar and the standard production methods for growing on lines for potting on. All plants are grown from cuttings in 5cm tubes, unless agreed otherwise at the time of ordering. Please advise at the time of ordering if the plants ordered are for any use other than potting on. The purchaser is solely responsible for ensuring the fitness or suitability of application for the goods purchased.

Availability & Delivery - All cultivars listed are under production throughout the year, but are not necessarily always ready for despatch. All orders placed are accepted on the basis that they will be supplied as ordered subject to shortages or other factors caused by conditions beyond The Company's control. Dates given for delivery are not to be treated as conditions of sale. The Company accepts no liability whatsoever in respect of any failure to deliver, or any delay in delivery, of any product. Under no circumstances whatsoever shall The Company be liable for consequential loss, whether suffered by The Purchaser and/or any third party.

Minimum Order Quantities - A minimum of 25 plants per cultivar and 200 per consignment applies. All orders will be rounded to a multiple of 25. The company requires at least 7 days notice of any despatch or collection date, regardless of the size of the consignment. The Company reserves the right to impose a service charge for consignments that do not meet these terms of trade.

Freight & Packaging - Prices are EX NURSERY and do not include freight, packaging or other charges incurred. All charges and liabilities incurred by The Company in the process of packaging and delivery of goods will be charged to and paid for by The Purchaser.

Claims for Loss or Damage - Please notify the transport operator immediately and lodge a claim with them. Please also advise The Company of any problems or claims lodged with the transport operator. However, The Company accepts no responsibility for any damage that may occur after despatch of the goods.

Other Claims - Any claim in respect of inferior quality or insufficient quantity of goods which is not excluded by these terms of trade will only be recognised by The Company if it is advised in writing of the details of such a claim within 7 days of receipt of the goods. In no event shall the liability of The Company exceed replacement of the goods in question or a credit of invoice value of defective goods returned to The Company.

Credit & Returns - Plastic Trays, Tubes, Legs, and pallets returned within TWO months of despatch, in a clean and reusable condition, will be given a full credit if accompanied by accurate documentation. Please ensure your NAME, ADDRESS, and the exact number of trays, tubes, and plastic crating legs are recorded on the form provided. DO NOT invoice the company for any items returned as a credit will be issued through a GST Credit Note to you account. All returns must be consigned to The Company's premises; freight your cost. Only The Company's, pallets, shade cloths, trays, tubes and plastic crating legs can be accepted for credit.

Credit Facilities & Payment - Without prejudice to its other rights, The Company shall be entitled to withhold delivery of any product under these terms of trade until it has received payment in advance or until The Purchaser’s credit worthiness is established to the satisfaction of The Company. Where The Company has agreed to extend credit to The Purchaser, all accounts rendered by The Company to the Purchaser must be paid in full (including any cost or charge associated with the provision of trays and/or tubes, and net of all charges and without any deductions) by the 20th of the month following the date of the related invoice, failing which interest shall be payable on all unpaid monies at 2% per month . Any default in payment shall make all monies due and owing by The Purchaser to the Company immediately payable. The Purchaser agrees to indemnify The Company in respect of all costs and expenses (including legal) incurred by the Company by it taking any step in respect of the recovery of any monies due and payable by the Purchaser to The Company including the issue of legal proceedings. In the event The Company issues legal proceedings to recover monies due and payable by The Purchaser to The Company, the Purchaser agrees that the proper Court for the issue of those proceedings shall be the District Court or the High Court at Napier
Limitation of Liability: The Company takes the greatest care to have all plants sold by them to the best of their knowledge true to name and description. Any expressed or implied condition, statement or warranty, whether statutory or at common law or other wise, as to growth, name, description, merchantability, fitness for purpose, performance quality or productiveness is hereby excluded by The Company.

Title & Risk - The risk in the goods will pass from The Company to The Purchaser upon loading onto a transport operator bound for The Purchasers nominated delivery address. Notwithstanding the passing of risk, the legal ownership of the goods, which are sold by The Company to the Purchaser, shall remain with The Company until payment in full of the purchase has been received. The Purchaser must insure the goods and store and mark The Company's goods so that they are identifiable as The Company's property. The Purchaser may sell the goods in the ordinary course of business. The proceeds of the sale by The Purchaser of the goods or any item of which the goods for form part shall be the property of The Company and held in trust until The Company has received payment in full. If such payment is not made by due date, The Company may enter the Purchaser's premises to retrieve the goods without liability for any damage that may be caused.

Consumer Guarantees Act - Where products is supplied in connection with a business the guarantees implied by the Consumer Guarantees Act 1993 will not apply. Where the purchaser has rights under the Consumer Guarantee Act 1993 nothing in these term's limits those rights.

Privacy Act - The purchaser irrevocably authorises The Company to collect from sources other than The Purchaser any information the company considers it requires to evaluate the credit worthiness of The Purchaser. The Purchaser authorises any person, company or body to disclose such information to the company. The Purchaser irrevocably authorises The Company to disclose any information it may have concerning the purchase to any other person, company or body for the purpose of assessing the credit worthiness of The Purchaser.

Events of Default - Notwithstanding any other provision of these terms of trade, full payment for all goods at any time supplied by The Company shall become due immediately upon The Purchaser becoming insolvent or upon the commencement of any act or proceeding in which The Purchaser's insolvency is involved or if The Purchaser resolves to wind up, or is ordered to be would up, or has a receiver, liquidator or official manager appointed in respect of all or any part of its assets.

The Company believes that these terms and conditions contain only normal trading requirements and will not impose any restrictions on cordial and profitable business association.

Business Hours - The Company's normal hours or business are Monday to Friday 8:30am to 4:30pm.