These terms of trade apply to all orders and are effective immediately.
These terms of trade replace all our previous terms of trade.

PRICES: Prices quoted on ordering are in Australian Dollars per plantlet, for Stage III plantlets in vitro (unless explicitly agreed otherwise) FOB at our premises, and specifically exclude all costs associated with the delivery of the consignment.
We charge at cost all charges incurred in the preparation and delivery of every consignment, including packaging, third party certification and documentation costs, shipping, etc., and endeavour to minimise these charges on the client’s behalf wherever possible. All prices are subject to change without prior notice.

ORDERS: All orders are booked subject to crop yield and conditions with the understanding that the orders shall be void should injury befall stock because of loss, damage, contamination, or any causes beyond our control. While we endeavour to provide accurate delivery schedules, all agreed delivery dates and quantities remain subject to unforeseen circumstances and conditions beyond our control, and subject to the variances inherit in plant production and performance in vitro. Any order placed with and accepted by us is done so on the understanding that the client holds the appropriate permits and rights to import any product ordered from us, including any instruments of the CITES agreements, Plant Patents, Plant Breeders Rights, Intellectual Property Rights, and other such rights and permissions that may be applicable in the country of destination.

NON-PROPAGATION AGREEMENT: In placing an order for our tissue cultures, the client thereby accepts and agrees that they will not enable any tissue cultures produced or supplied by us to be made available to any tissue culture facility or laboratory, including their own “in-house” facilities, or to in any way facilitate or allow the propagation of our plants by any tissue culture techniques, under any circumstance. Failure to uphold this agreement, whether deliberate or through negligence, will be considered a breach by the client of these Terms of Trade and our Intellectual Property rights, and – without prejudice to any action we may pursue under any relevant IP law - will immediately void all rights of the client to any warranty or claim otherwise allowed under these Terms of Trade, including any claims already accepted by us, and will render all existing and subsequent orders from the client subject to supply at our discretion only, without prior notice or any further warning. 
The client agrees, even where they do not take physical possession of the tissue cultures supplied, to take all reasonable steps to ensure any entity having possession of our tissue cultures accepts and upholds this agreement.

PAYMENT: Payment must be made in full within 30 days of invoice date, by direct credit to our bank account of the invoice total in Australian Dollars. Should the client fail to meet these payment terms, the client assumes liability for all costs we incur in pursuing payment in full. We reserve the right to request a deposit or payment in full before delivery.

RISK AND DELIVERY: The risk on a consignment passes to the client once we have handed it to the freight handler. We will not be responsible for any damage or delay in transit. We accept no liability for the failure or error of any certifying body or freight handler we engage in the process of delivering the consignment, and the client should lodge any claims for such failures directly with the party concerned. It is the responsibility of the client to notify us of all conditions and requirements for importing the consignment into the destination country or state prior to despatch, and we expect the client to take all possible measures to ensure the consignment is not delayed in transit. We do not accept any claims resulting from conditions, charges, delays, restrictions or losses imposed on the consignment by any authority, agency, or other party where we have not been formally notified of these by the client prior to despatch.

CLAIMS: We do not accept any claim for losses or problems with any product, except where the claim or problem relates to the quality or quantity of product supplied and is notified to us within 7 days of despatch of the consignment, or within 48 hours of their receipt by the client or their agent, whichever occurs sooner. We do not accept claims relating to the condition or quality of product that is or should have been obvious upon reasonable inspection prior to opening the sealed containers. Please contact us immediately before opening any containers that may be of concern. We do not except claims for any losses that could be considered reasonable by normal industry practice for that particular or similar product. While we always endeavour to supply high quality well rooted plantlets graded for size, we do not except claims simply on the basis of root length, plantlet size, or uniformity of the product supplied. Once a claim is accepted by us, we reserve the right to settle the claim either by issuing a credit or by replacing the plants at our earliest convenience whenever possible.

CANCELLATION: We reserve the right to postpone or cancel without prior notice delivery of any order or part thereof for any reason, including where we are not satisfied that our product will meet the clients expectations in quality or quantity, or where the client has failed to meet our payment terms. Cancellation of orders by the client will not be expected within 90 days of the agreed delivery date or amended delivery date, except by mutual agreement. Except to the extent defined within these terms of trade, no liability for failure to deliver or take delivery of any product will be incurred by either party.

WARRANTY: All plants are sold on the basis that to the best of our knowledge, they are true to type, and the descriptions given are a guide only. We hereby disclaim and exclude all other warranties, written or oral, expressed or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. In no event shall we be liable for any direct, indirect, special incidental or consequential damages (including loss of profits) whether based on contract, tort, or any other legal theory. In no event shall we be liable for any sum greater than the price invoiced, and in the event that any limitation of warranty or disclaimer of liability is found to be unlawful or inapplicable, or to have failed of its essential purpose, our liabilities shall be limited to the amount paid for the specific stock that caused such liability.

ACCEPTANCE OF THESE TERMS: The placing of an order with us shall constitute a binding acceptance thereof of our current terms of trade and any subsequent variation to these terms of trade as may be made from time to time. Posting of our current terms of trade on our website constitutes notification to all clients from the date of publication.