GENERAL
TERMS OF BUSINESS:
1.
All references to the ‘Customer’ shall mean the ‘Customer’
as detailed on the front page of the Plantworld (Pty) Ltd Customer
Order Form
2. All prices are nett, exclude VAT and are based
on Payment on Delivery (COD), unless other written terms have
been agreed to between the parties
3. Plantworld (Pty) Ltd gives no warranties as
to the rate of plant growth or the suitability of a specific plant
for a specific use, geographic area, or required condition
4. Plantworld (Pty) Ltd cannot be held liable
for any damages, consequential or otherwise, resulting from the
acceptance of an order from the Customer, or as a result of the
delivery of an order to the Customer, timeous or otherwise
5. The Customer’s domicilium citandi et
executandi shall be the normal physical address of the Customer,
from where the Customer conducts its business
6. Please consult our latest monthly price list
for delivery charges applicable to your order
7. Delivery is to one specific off-loading area
at the Customer’s premises or at the requested delivery
address and plants shall not be placed at the display areas or
planting positions required by the Customer
8. Delivery to residential addresses will only
be delivered to the pavement
9. Where plants are collected from Plantworld
(Pty) Ltd, or delivered to the Customer by Plantworld (Pty) Ltd,
the Customer, by signing Plantworld's documentation, confirms
that the plants as listed were to the complete satisfaction of
the Customer and accepts that the plants are not returnable after
acceptance thereof
10. The Customer agrees that although risk shall
pass to the Customer on delivery / collection of the plants, all
plants shall remain the property of Plantworld (Pty) Ltd until
such time as they are paid for in full.
11. Where an order is placed on Plantworld (Pty)
Ltd for collection by the Customer and the Customer has not remitted
payment in full to Plantworld (Pty) Ltd, Plantworld (Pty) Ltd
reserves the right to cancel the order without prior notice, should
the Customer fail to collect the order within 4 (four) business
days of being advised that the order is ready for collection
12. Payment is due on collection of the order
by the Customer or on delivery of the order by Plantworld (Pty)
Ltd. Where plants are collected or delivered prior to payment having been made in full, then both the person having placed the order and the person collecting, receiving or accepting the goods will personally be jointly and severally liable together with the Customer for any and all amounts owing to Plantworld (Pty) Ltd.
13. Where the Customer collects the order or
where Plantworld (Pty) Ltd delivers the order, the Customer agrees
and acknowledges that the person instructed or appointed or allocated
by the Customer to collect or receive or accept the order is fully
qualified and authorised to do so
14. Once the order has been collected by the
Customer or off-loaded at the Customer by Plantworld (Pty) Ltd,
no returns will be accepted - the Customer is to establish acceptability
prior to loading or off-loading by Plantworld (Pty) Ltd and the
Customer cannot sign for acceptance of the order as being ‘not
checked’
15. Where Plantworld (Pty) Ltd accepts the return
of plants by the Customer at the time of delivery, a credit will
not be passed for the transport charged on the plants being returned
16. The order received from the Customer is accepted
by Plantworld (Pty) Ltd subject to availability. Orders will be
adjusted according to the availability of the specific plants
at the time of execution of the order
17. Where an order is placed by the Customer,
whether written or verbal, Plantworld (Pty) Ltd accepts that the
person placing such order has been duly authorised by the Customer
to place such order on Plantworld (Pty) Ltd
18. All plants are in black plastic bags, unless
stated otherwise on Plantworld (Pty) Ltd’s documentation
19. Stated bag sizes are approximate and are
only provided as a guide for the Customer. Typical plant sizes
are shown on Plantworld (Pty) Ltd’s website - www.plantworld.co.za
20. All unpaid cheques received from the Customer
will be debited back to the Customer, together with a R300 (three
hundred Rand) ex VAT administrative charge in order to cover the
resultant bank charges levied by Plantworld (Pty) Ltd’s
bankers
21. In the event of Plantworld (Pty) Ltd engaging
the services of an attorney or debt collecting agent for the purpose
of the collection of any amount(s) due by the Customer, including
interest, the Customer agrees to be liable for such costs on an
attorney client scale and / or debt collection agent scale as
well as any other costs, which may arise in the process of recovering
the debt, all unpaid amounts shall be subject to interest at the
highest rate permissable under South African law.
22. A strictly COD discount structure applicable
per order (ex VAT) is as printed on the front page of the Plantworld
(Pty) Ltd Customer Order Form. Discounts are only applicable to orders paid for in full on or before collection/delivery of goods.
23. All price lists, quotations and Terms of
Business issued by Plantworld (Pty) Ltd from time to time are
subject to change without prior notice
24. Plantworld (Pty) Ltd will not accept any
order from the Customer, whether written or verbal, where the
Customer has deleted, altered or contradicted any of the above
Terms of Business, unless such changes have been agreed to in
writing by Plantworld (Pty) Ltd
25. It is agreed that all customer orders placed
on Plantworld, whether they be verbal, telephonic, faxed, emailed
or sent via sms, shall be subject to Plantworld's Standard Terms
of Business as reflected on the most recent Customer Order Form
signed by the Customer's representative or as displayed on Plantworld
(Pty) Ltd's website - www.plantworld.co.za. Where these documents
are inconflict, the website version shall take precedence.
ADDITIONAL
TERMS OF BUSINESS SPECIFIC TO OUR SPECIMEN PALMS
1.
Where the 'Additional Business Terms and Conditions of Sale' are
in conflict with Plantworld (Pty) Ltd's 'General Business Terms
and Conditions of Sale', the 'Additional Business Terms and Conditions
of Sale' shall take precedence
2. All pricing is in Rand, nett and exclusive
of VAT and EXW (ie for collection by the Customer from the respective
loading areas of our Umvoti Palm Farms near Stanger, KwaZulu-Natal)
3. No discounts are applicable to our palm prices,
unless stated as such in a Written Quotation or in a signed agreement
between Plantworld and the Customer
4. All palms are field-grown and can be either
ex open ground, or ex trenched, or ex gro-bags
5. All palms are sold on a 'full height' basis
only - see definition above
6. Measurements relating to 'brown trunk', 'clear
trunk', 'trunk height', 'crownshaft height', 'trunk/caliper diameter',
'leaf span', etc are only provided on request
7. Photographs of our palms can be viewed and downloaded
from our website
8. Final palm height measurement will be at the
time of palm removal from open ground
9. All palms will be tagged and marked with the
species and full height at the time of removal
10. Palm Price Lists, Palm Availability Lists
showing quantities and heights, and our Business Terms and Conditions
of Sale are subject to change without prior notice
11. Where a Customer wishes to procure palms,
a Written Quotation showing full palm details as to species, height,
quantities, pricing and Business Terms and Conditions of Sale,
valid for a fixed time period, will be given to the Customer for
written acceptance
12. Palms will only be reserved for the Customer
on written acceptance of Plantworld's Written Quotation and receipt
of payment in full
13. Our Terms of Payment are:
50% payable with official
order and signed order confirmation
50% payable prior to
commencement of removal of the palms from the soil
14. Palms can be viewed, selected and tagged
by the Customer prior to removal of the palms from open ground
15. Palms will only be removed from open ground
once payment has been received in full and the funds have been
cleared and released by Plantworld's bank
16. Where the Customer collects the palms from
the farms, the Customer, by signing the Plantworld (Pty) Ltd documentation,
confirms that the palms physically provided and as listed on the
documentation, are to the complete satisfation of the Customer
17. The collection date of the palms will be
mutually agreed and will at all times be subject to change due
to weather conditions
18. Written unconditional acceptance of the palms
needs to be provided by the Customer within 24 hours of the palms
having been placed at the loading area, failing which, it will
be agreed that the Customer has accepted the palms unconditionally
19. Palms are not returnable after acceptance
thereof
20. Risk and ownership will pass to the Customer
on our farms, on acceptance of the palms by the Customer or the
Customer's appointed agent, prior to being moved off the farms
21. Where the Customer appoints an agent or representative
to act on the Customer's behalf, the Customer, in doing so, confirms
that the person so instructed, appointed or allocated by the Customer
to act on the Customer's behalf, is fully qualified and duly authorised
to do so
22. Pricing includes:
22.1 Palm removal from the
ground
22.2 Palm placement at the
loading area - where palms are sourced from more than one of our
farms,
palms must
be collected by the Customer from each applicable farm's loading
area
22.3 Wrapping of the rootball
in plastic/cling-wrap and securing of the leaves with rope
22.4 Loading of the palms onto
the Customer's vehicle
23. Quotations can be provided on request for
the following services, which are not included in the pricing
23.1 A 3rd-party quotation
for the transportation of the palms to the Customer's required
destination
and off-loading
of the palms - typically, a 4-hour standing period is allowed
for loading and for off-loading
23.2 Insurance of the palms
24. Please note that the transport company will
at all times be the agent of the Customer, even though Plantworld
may have sourced the transport company or invoiced the Customer
for the transport charges
25. As palm survival and transplant success is
dependent on treatment and care given by the Customer, no guarantees
are given for the palms once they have been removed from the ground
26. No warranties or guarantees are given, express
or implied, verbally or in writing, as to the species' suitability
for the Customer's geographic, climatic or soil requirements,
or as to salt tolerance, drought resistance, or rate of growth,
or any other Customer requirement
27. Plantworld (Pty) Ltd cannot be held liable
for any damages, consequential or otherwise, resulting from the
acceptance of an order from the Customer, or as a result of the
delivery of an order to the Customer, timeous or otherwise
28. All litigation entered into between Plantworld
(Pty) Ltd and the Customer shall be subject to the jurisdiction
of the Kwa Dukuza (Stanger) Magistrate's Court
29. The Customer's domicilium citandi et executandi
shall be the normal physical address of the Customer, from where
the Customer conducts his business
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