Terms of Trade
​Rumbalara Nursery aims to provide high quality seedlings and plants to our customers at the lowest prices possible. We hope you don’t mind helping our business and yours by agreeing to the following Trading Terms and Conditions of Sale.
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Definitions
“Us / We / Our / Rumbalara Nursery” refers to Alexander Henry Marques, trading as Rumbalara Nursery – A.B.N: 42 667 708 351. “You / Your / Customer” refers to the person or entity accepting services, paid or otherwise from Us.
Placing Orders
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Rumbalara Nursery accepts wholesale orders fulfilling minimum quantity requirements as follows (schools and community gardens excluded): 198 Seedling plug trays = 1 x 198 Tray per variety. Mixed Lettuce plug trays = 1 tray. 4/6 Cell Punnets = 20 punnets (minimum 5 per variety). 130mm pots minimum order = 24 (minimum 3 per variety).
Orders are accepted by email, or otherwise in writing.
Minimum lead times (as indicated by our Catalogue, or as otherwise notified) should be taken into consideration by You when ordering to allow plants optimal growing time. Please note indicated lead times are an estimate only, as growth rates can be affected by adverse weather events or factors affecting supply of seed. Additional time should be allowed for sourcing and ordering of seeds by Us for special orders or varieties not usually held by Us.
Pricing
All prices published will show GST.
Prices are subject to change or alteration by Us at any time prior to payment without liability. Prices rarely change after orders are confirmed, however should they need to be adjusted (for example if the Seed Supplier increases their prices after we order) every effort will be made to notify You.
Prices do not include retention of propagation trays or nursery trays in which plants are delivered. To assist in our stock flow, all propagation and nursery trays must be returned CLEAN to Rumbalara Nursery within 2 weeks of delivery. Thank you.
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Payment
In most cases a cost deposit is required when ordering. Full payment in advance for specialised or expensive seed stock or for non-account holding customers may be requested.
Statements should be paid in full within the time specified in the terms (e.g. COD, 7 or 14 days Net). We reserve the right to refuse supply or Custom upon non-payment of accounts
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Cancellation and Returns
Orders can be changed or cancelled buy You in writing to Rumbalara Nursery prior to the time a) We order seed for your order and we are unable to cancel it with our suppliers or, b) where stocked seed is used, prior to the time We plant your order. Cancellations will only be accepted in writing and are not considered accepted until We notify the Customer as such.
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Returns will not be accepted once the plants have left our premises unless the goods are considered faulty. All goods should be inspected immediately upon receipt and if considered faulty, clear date-tagged photos should be provided along with details of the fault to Us in writing within 48hrs of receipt of the goods.
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Delivery / Collection
Orders may be collected from our premises or at one of our designated drop points by prior arrangement or may be couriered at the Customers expense by prior arrangement with Us.
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Collection from Our premises or by pre-agreed drop point is offered to domestic business locations or those with limited large vehicle access.
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If goods are delivered, a small delivery charge may be applied to orders under $250 pre-GST value.
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If goods are freighted, freight costs and the making of freighting arrangements and any loss/damage incurred in transit will be incurred by the Customer. Arrangements for collection of freighted goods from our premises must be made in collaboration with Us and your chosen freight company. The customer agrees to collect the stock from the end-delivery point within 24 hrs from delivery, and to report missing or damaged stock to the Us and the freight company immediately.
Risk
As our goods are perishable, Rumbalara Nursery cannot be held liable for over-grown or perished items that have not been collected as agreed between Us and You. The Customer shall still be liable for payment for uncollected orders or damage incurred to their order beyond the agreed collection/delivery date. In this instance, every effort will be made by Us to contact You regarding collection of the Customers order. To minimise Your loss, We may agree to make attempts on Your behalf to on-sell the un-collected order if the goods are still in good saleable condition.
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The customer accepts responsibility for undersized stock collected prior to the agreed collection time, or for failure of plants to grow when received or treated contrary to the explicit advice of Rumbalara Nursery.
Risk of the goods passes to the Customer when the goods have left Our premises.
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Disclaimers
Variety-specific information supplied by Rumbalara Nursery regarding the seed or plant properties is reliant upon information supplied by our seed distributors and is provided only as a guide. For confirmation of variety information, please contact the Seed Supplier directly prior to ordering.
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The customer accepts that variations to plants may occur as a result of circumstances beyond the control of Rumbalara Nursery.
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Rumbalara Nursery cannot be held liable for loss of stock or income resulting from the following factors after receipt of goods: climate variations or weather events, inappropriate storage of plants, delayed transplanting, inappropriate farm management practices (such as pest management, drainage and or nutrient/control), but not excluding other farm management practices.
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Where Rumbalara Nursery is growing on seed supplied by the Customer, Rumbalara Nursery is not liable for losses resulting from poor quality seed/propagation rate, or inappropriate variety choice on Your behalf. All seed supplied must be clean, viable and cleared by Australian quarantine.
Nothing in these Terms and Conditions of Trade are intended to exclude your rights as outlined in the Competition and Consumers Act 2010, or the Fair Trading Act. These Terms and Conditions of Trade shall be subject to any laws or legislation governing the rights of consumers in Australia.
