1.0 Payment Terms
1.1 All prices quoted exclude GST
1.2 Orders are confirmed when deposit is paid. No order shall be on hold or supplied unless the deposit has been paid unless Erlon Limited agrees otherwise.
1.3 Payment terms are 30% deposit to confirm the order, 20% payable in February, 50% balance before delivery.
1.4 Deposits are non-refundable at our discretion with exceptions outlined in clause.
1.5 If we are unable to supply some or all of the products ordered, we will refund paid deposits less the value of any outstanding accounts
1.6 Accounts are due within 3 days of invoice date
1.7 LATE PAYMENT WILL RESULT IN INTEREST CHARGES OF 5% PER MONTH ON ANY AMOUNT OUTSTANDING. IF REFERRED TO AN EXTERNAL DEBT COLLECTION AGENCY FOR COLLECTION. YOU WILL BE LIABLE FOR ANY ADDITIONAL COSTS ASSOCIATED WITH THIS.
1.8 We reserve the right to cancel existing contracts if balances on this or other contracts between any of our companies are not paid by the due date
1.9 We will notify the customer when goods are ready for collection. If goods are not collected within 1 month of notice without prior arrangement, we reserve the right to retain any funds paid and sell these goods to another buyer. All winter deliveries need to be collected by the 31st July at latest
2. Non-Propagation Agreement
2.1 The Client agrees and acknowledges that plant varieties sold by Erlon Limited Nurseries are purchased solely for purpose of producing fruit and that propagation of these varieties is strictly prohibited and that heavy penalties apply on un-authorised propagation.
2.2 The Client further acknowledges agrees that: (a) that the Client shall not sell, lease, lend or give away varieties protected by this agreement; and (b) to notify Erlon Limited Nurseries should any mutations occur.
3.0 Product Delivery & Quality
3.1 All prices quoted are exclusive of freight and handling fees
3.2 If requested we will arrange delivery on the customer’s behalf. Whilst we will take good care to arrange, palletise, and load goods appropriately we cannot be responsible for any damage or loss which occurs during transit
3.3 All goods related risk passes to the purchaser upon loading of the goods for delivery and, subject to clause 1.9, goods which are not collected 1 month after being notified become the customer’s risk
3.4 It is the customer’s responsibility to inspect the goods upon arrival
3.5 To be valid, any claim for unacceptable quality must be communicated in writing within 5 days of delivery
3.6 We retain property rights to all goods until paid for in full and reserve the right to enter premises and repossess goods unpaid for after the due date
4.0 Limitation of Liability
4.1 If we supply goods which do not match those outlined in this contract our liability shall be limited to supply of replacement goods which do meet the criteria outlined in this contract
4.2 We shall not be liable for any delays or non-performance caused by factors reasonably beyond our control, i.e. disease, adverse weather or growing conditions, source material. Please note that whilst all care is taken, we cannot guarantee that plants will be PSA free
4.3 We shall not be liable for loss of profits or any other form of consequential loss
4.4 Clause 3 survives cancellation and completion of this agreement
4.5 Erlon Limited does not take any risk should its customers not acquire a Zespri Variety Licence. Erlon Limited will make every attempt to find an alternative market for the customer’s plants but should this not be achieved by the end of July 2021 the plants will need to be collected and paid for in full.