Trading Terms/Warranty

Trading Terms/Warranty

RETAIL CLIENTS
By purchasing plants and engaging KG Crestani Pty Ltd for the SLKG James Family Trust (hereinafter “Blerick”) to provide a service all customers agree to the following terms and conditions:
PURCHASERS OF PLANTS FROM BLERICK TREE FARM AND THRID PARTIES

1. Plant Purchases From Blerick Tree Farm

• Payment must be made in full before a plant will leave the nursery, including the delivery charge (if applicable). Payment can be made by cash, Visa, American Express, Mastercard, and direct deposits. For direct deposit the funds must be cleared in our account before dispatch. ​
• Some purchases include holding, delivery, transport and/or third-party sourcing fees included in the price of the purchase. These fees will not be refundable if the purchase is to be refunded.
• Clients must make their plant selection carefully. Because your plants can be subjected to conditions which are outside of Blerick’s control, Blerick do not accept returns once a plant has left the nursery or you have accepted delivery.
• Any issues must be brought to Blericks attention in writing within 7 days for it to be considered.
• Blerick takes great care in providing a quality tree that is true to name but gives no warranty to its performance.

2. Telephone/Email Sales

• When a customer purchases a plant over the telephone or via email, (sight unseen) the customer is agreeing to abide by stock selection of the supplier.
• The plant provided will be true to stated type and will be in the stated or equivalent pot size and in good health at the time of pick up or delivery. However, exact size of plants can vary as the size in a given pot depends greatly on the species, growing cycle and season. Blerick will give no warranty as to exact size and volume on any unseen purchase.
• If requested every attempt will be made to give the client an accurate estimate of the plant size at the time of enquiry and organise a photo if required.
• Selection of stock at the nursery by the customer is recommended and welcome.

3. Orders from Third Parties

• If Blerick orders stock from a third party on behalf of a client a 50% non-refundable service fee is required before the order will be placed.
• The balance of the total cost of the stock ordered is payable at time of pick up or before delivery.
• In any order from a third party Blerick is acting as an agent of the purchaser only and every effort will be made by Blerick to assess stock for quality before accepting plants on behalf of our clients. Blerick will not take responsibility for the quality or performance of any plant purchased from Third Parties 

4. Bare Root Orders

• A minimum 50% deposit is required to order your stock for the following winter season.
• Blerick will order your stock on the day the deposit has been received however we cannot guarantee that our suppliers have sold out or that your tree was not supplied due to issues with the crop. This is a rare but unavoidable circumstance. If your stock is not supplied, you will be given the option to keep your tree on order for the following season or accept a suitable substitute variety.
• Be aware that due to the nature of Bare Root Trees, there can be on average a 10% loss rate that should be considered when planting out large numbers. This is a natural occurrence and while Blerick takes every measure to provide you with healthy, well treated and correctly stored trees, we cannot be held responsible for any trees that do not strike after planting.
• Bare root trees sent through the post will be pruned, if applicable, to the maximum height allowed by Australia Post prior to packaging.

5. Purchase Cancellation Policy

• Clients must make their plant selection carefully.
• Once a financial transaction has transpired the plants are considered sold and are removed from sale and therefore unavailable for sale to other customers.
• If there is a change of mind or circumstance Blerick will not provide a refund.
• If a customer is unhappy with the quality of a plant purchased directly from Blerick, and not sourced from a third party, they can return the plant at their own cost and will be given a replacement. If the plant was chosen directly on site by the client no replacement will be given.
• Returned plants must be in reasonable condition.

PURCHASERS OF SERVICES FROM BLERICK

6. Holding Service

• Blerick offers a holding service for plants purchased from Blerick.
• 50% or greater of the Invoice total is required as a deposit.
• Plants can be held for 4 weeks (at no cost to the customer), however no plant will be held between 24 December and 15 January. All plants held must be picked up before that date.
• At the end of 4 weeks, the client will be notified and if the plants are not collected, there will be a holding charge of 5% per month of invoice total (This is a service fee and is not refundable).

7. Garden Consultations, Design and Plans:

• For consultations, 50% of the cost of the service is required to confirm the on-site appointment.
• The balance is due at the time of the second consultation, generally located at Blerick to review the design.
• If the client cancels the service or reschedules without 48 hours’ notice, the fee is non-refundable.

8. Installation Service

• Payment of the plant purchase component must be made before the installation commences, our Purchase Cancellation Policy will apply to these plants.
• At the end of the installation an invoice will be sent to the client for excess labour and materials not covered in the original invoice, which must be paid within 7 days.
• In some circumstances, the client may be asked for an advanced payment to cover the cost of materials purchased for their job.
• The client must inform Blerick and its employees or contractors of the location of any underground services, within the vicinity of the plantings. If this information is not correctly supplied Blerick will not be liable for any damage that may be caused to services during the installation of a garden. The Client will be responsible for any cost of repair to these services in the event of damage caused by no or incorrect information regarding underground services.
• In some circumstances, it is not possible to assess planting conditions until ground preparation commences. Blerick reserves the right to withhold from planting if a location is deemed not suitable for planting (e.g. soil waterlogged) or too dangerous because of vicinity to underground services. If this situation arises, the client will be notified of the situation and alternative arrangements can be negotiated.

9. Transportation of Goods and Transportation Service

• For trees that are transported by client:
  – All care will be taken to inform the client of correct transport method at the time of purchasing, however, Blerick will accept no liability for any loss or damage once a client or client’s agent removes the stock from the premises.

• For trees that are delivered by Blerick:
  – All purchases that include delivery include a 50% deposit paid on date of purchase. Full purchase price must be debited or paid before the date of delivery.
  – Please inspect all trees for quality and quantity upon delivery in front of our driver. Claims will only be considered if concerns are raised either directly with the transporter or in the case of absence during delivery, in writing within 7 days of delivery.
  – Blerick will accept no liability in excess of the purchase price paid for the trees.
  – Clients will be asked to sign a delivery receipt.
  – In the case that the client cannot be present at the time of delivery to sign, a photo shall be taken of the delivery consignment in situ, and this will be deemed as proof of delivery.
  – Our delivery vehicle needs clear access to the nominated drop off point, with a height clearance of 3m and with room to reverse or turn. Plants cannot be carted more than 10m from the vehicle to the drop off point. If access prevents the vehicle getting to within 10m of the drop off point, or the customer asks the driver to carry the plants further than 10m, an extra time charge of $15 per 15 minute time blocks will be applied to the invoice for the extra time involved in unloading the plants.
  – If you are not at home to receive the plants, please leave adequate rope at the drop off point so that we can secure the plants and a hose attached to a water source at the drop off point so that the plants may be watered if required.
  – Your delivery will be scheduled as one of many on a day, and due to reasons beyond our control, we are unable to give an exact time of delivery on the day. Customers are welcome to ring the driver on the delivery mobile on the day of delivery for an approximate time. This number is available from the office.
  – Once plants are delivered to a site they become the responsibility of the client. Blerick will accept no liability for theft, loss or damaged caused to stock once it is delivered to the client’s premises.

• For trees that are delivered by third party carrier:
  – Blerick will organise transport of trees on behalf of the client, using a third party carrier.
  – Blerick will be acting as an agent for the purchaser and not as the transporter.
  – The carrier will be provided with delivery instructions in writing as given by the client, however, any claim in association with damage to or loss of trees during or after transport and/or delivery must be made directly with the carrier.
  – Blerick will accept no liability for loss or damaged caused to stock once it leaves our premises.
  – The carriers’ terms and conditions in relation to stock drop off point will apply.

10. Service Cancellation

• If the customer cancels the service owing to a change of mind with at least 48 hours’ notice from the scheduled date, the money will be held in credit towards a future purchase.
• If Blerick receives notification that the service is no longer required with less than 48 hours’ notice the client will be charged for the service and any deposit or payment will not be refunded.

11. Other Warrant’s and Claims:

• Many circumstances which are governed by forces beyond Blerick Tree Farm’s control may affect the survival of your tree once it has left the nursery, therefore no guarantee or warranty expressed or implied as to the growth, description, quality or productiveness of our stock can be:
  – Damage in transport;
  – Tree drying out during transport or before planting;
  – Tree drying out after planting;
  – Root damage at time of planting;
  – Root damage after planting due to movement e.g. wind;
  – Too much water;
  – Poor drainage;
  – Pests and disease;
  – Contamination of soil e.g. salinity, buried toxins, limestone etc.;
  – Use of herbicides around the tree or drift;
  – Planting in wrong locations or unsuitable climate;
  – Incorrect pruning or at the wrong time;
  – Incorrect planting e.g. covering the graft;
  – Gas contamination;
  – Compaction of soil before or after planting;
  – Vandalism;
  – Mechanical damage;
  – Allowing the root ball to dry out and become impermeable to water although surroundings soil is damp;
• Blerick Tree Farm accepts no liability whatsoever for any damage caused to fences, buildings, plants, trees, underground or above ground pipes, conduits or cables, equipment or any structure whatsoever by any trees or shrubs supplied or planted by Blerick Tree Farm.