1. VENDOR means Inland Botanics, ABN 41 309 745 569, of 778 Castledoyle Rd Armidale NSW 2350, which is the seller of the plants
2. PURCHASER means the purchaser of the plants
3. PLANTS means the seedlings, cuttings and products sold from time to time by the vendor to the purchaser

PLACE OF AGREEMENT – the agreement for sale of plants is made in New South Wales and shall be governed by the laws of that state. The parties submit to the jurisdiction of the courts in that state.

These TERMS shall prevail over all conditions of the purchaser’s order to the extent of any inconsistency, and can only be waived in writing by the vendor. These terms and conditions supersede and exclude all prior and other discussions representations (contractual or otherwise) and arrangements relating to the sale of plants, and the performance of plants.

ORDERING can be done via the inlandbotanics.com.au website (or subsidiary websites) or by fax, both by credit card. Where the purchaser does not wish to use a credit card a posted order form may be used, accompanied by a cheque or money order. The posted order form will be the one generated from the web site and will include the freight costs.

ALTERATIONS AND CANCELLATIONS - the vendor must be notified of alterations to, and cancellations of, orders by the Friday following the order, as all orders made during a week will be despatched early the next week.

Seedling unavailability - where a species of seedling becomes unavailable due to being sold out, or for any other reason, the vendor will attempt to contact the purchaser, usually via email, as to whether the purchaser wishes to substitute other seedlings for the ones unavailable. If the vendor is unable to contact the purchaser, the vendor may substitute closely related seedlings for the ones unavailable, or to send the remainder of the order without the unavailable seedlings, refunding the difference in the orders.

DELIVERY  - orders made during one week are delivered early the next week, as the vendor will attempt to avoid having plants sit idle at freight depots over a weekend. Usually the vendor will send the plants with the furthest distance to go earliest in the week, intending that they are all delivered by the weekend. Australia Post will be the carrier in deliveries of up to 350 seedlings. Larger consignments than these will be freighted by a carrier of the vendor’s choice unless the purchaser has an account with a particular freight company and wishes the plants sent on their account with that carrier.

PRICES - the price of plants is the price quoted on the vendor’s website. The total cost will be the cost of the plants and the cost of the freight. Freight costs will be added to the total order cost automatically by the shopping cart on the vendor’s website. Prices quoted are inclusive of G.S.T.

FREIGHT COSTS – The vendor endeavours to freight seedlings on a cost basis, and not put a “markup” on them. Australia Post will be the carrier in deliveries of up to 350 seedlings. The seedlings average weights are known and used in calculating postage. The weight of the Postpak or other boxing used, as well as any packing material, will be added to the seedling weight in order to make a total consignment weight. This weight, unless determined differently on a volumetric basis by Australia Post, and the destination State will be the basis of determining the cost of postage. Australia Post’s published rates are used, subject to some averaging and simplification. The cost of postage plus the cost of the boxing and packing materials will be the postage and handling cost. Larger consignments than 350 will be freighted by a carrier of the vendor’s choice unless the purchaser has an account with a particular freight company and wishes the plants sent on their account with that carrier.

PAYMENT - all orders of products from the vendor, plus the freight charges, must be paid in full by the vendor prior to despatch unless other terms of payment are expressly agreed to in writing. Payment may be made by credit card via the secure payment facilities during the ordering process on the inlandbotanics.com.au website, or by supplying credit card details on a faxed order form. Payment by cheque or money order may be done by posting an order form, with payment, to the vendor. Delivery will be subject to clearance of the cheque. Payment by Electronic Funds Transfer may be done by faxing an order and requesting bank account details.

PERISHABLE GOODS – The vendor assures purchasers that they will despatch from the nursery good quality plants in adequate packing to withstand normal delivery conditions. However, as plants are perishable goods, the vendor cannot be held responsible for the state of the plants when delivery is complete. Damage to packaging, delay in delivery, storage in the sun at freight depots or at the delivery point, as well as a host of other potential problems, are completely outside the vendor’s control once picked up from the nursery.

PLANT CARE – as seedlings are live plants they require ongoing daily care and watering. No claim shall be accepted where plant failure has been caused by lack of, or excessive, care or watering or by exposure to sun, wind, other elements, chemicals, etc.

PRODUCT CLAIMS – any claims must be made in writing within 24 hours of receipt of the goods. The purchaser shall be responsible for ensuring that the plants received accords with the plants ordered as to quantity, quality and species. If the plants received are proved to be incorrect in quantity, species and quality (please note clause (11) above) the vendor shall either arrange a refund or provide replacement seedlings in consultation with, but at the discretion of the vendor.

RETURNS – unfortunately the vendor cannot accept seedling returns to the nursery as they may be contaminated with pests or diseases.

AREAS OF DELIVERY – the vendor will deliver plants within the mainland states of Australia, excluding Western Australia and the Northern Territory only.

EXCLUSION OF LIABILITY – the vendor will not be liable to a purchaser in contract or in tort arising out of, or in connection with, or relating to, performance of any plants supplied or any fact, matter or thing relating to the plants or error (whether negligent or breach of contract or not) in information supplied to a purchaser before or after the purchaser’s use of the plants. All cultural and descriptive information supplied is for the use as a guide only. Variations may occur due to geographical locations, soil conditions or cultural and management practices. The vendor recommends that a purchaser experiment first on a trial basis before large scale production is commenced.

PRIVACY – All information supplied to the vendor by the purchaser will be used to process the order and payment only, and will not be given or sold to any third parties. The vendor takes all reasonable steps.