Terms and Conditions of sale of Winter Hill Tree Farm

Ordering:

All orders must be confirmed in writing where possible. Fax 02 4878 9109 or email info@winterhill.com.au stating products required, quantities, delivery address if different to account address, date and time required.

Specials/Sale Price Stock:

Sale price stock is often in high demand so any sale price stock must be paid for in full immediately to reserve the order. Until payment is made the stock remains available for purchase at the sale price. Delivery of stock advertised as 'Specials' must be accepted for delivery within three months of purchase unless alternate arrangements have been made and approved in advance by Winter Hill Tree Farm.

Pots and Stakes:

Pots and stakes in which the trees have been grown will be retained by Winter Hill Tree Farm with root balls wrapped in plastic for delivery.

In-ground trees purchased will be delivered ball and burlapped.

Delivery Timing:

Winter Hill is able to keep delivery costs to a minimum because our policy is to combine loads according to location. Within that framework delivery is arranged in consultation with the customer and all effort is made to meet the needs of the customer in relation to the date/time of delivery.

Delivery Charges:

There is a minimum fee applicable for each area so check with our sales staff for more information. Suitable access must be available for delivery. The Winter Hill Tree Farm delivery truck requires a minimum clearance of 7m x 3m x 4m.

A charge may be incurred if our driver is delayed beyond normal expectations pertaining to the delivery. Whilst all care is taken, any damage to our truck or subsequent property on site due to inaccessibility will be borne by the customer.

Quotes can be supplied and arrangements made on behalf of the customer for delivery by external specialist tree transporting companies.

Collection/Pick-Ups:

To avoid unnecessary delays we require a lead-time of 1 day to pick and prepare stock on the order. Collection times are from 8.00am – 4.00pm Monday to Friday.

Changes or Cancellations:

All changes or cancellations must be in writing (where practical) prior to the order being picked and prepared ie 72 hours prior to delivery or in the morning if the customer has arranged to collect the stock.

Prices:

All prices and charges are subject to change without notice. Wholesale/Trade prices are available only to relevant horticulture, landscaping, building and/or development businesses with a registered ABN and will be supplied at the discretion of the Directors of Winter Hill Tree Farm.

Holding Orders:

Holding orders require 20% deposit. Deposits are non-refundable if orders are cancelled. A maintenance fee of 5% per month may be charged on long-term orders held. If an order goes past its due date of delivery or pick up, Winter Hill Tree Farm reserves the right to on sell stock, which may delay the order when it is rescheduled.

Contract Growing:

Growing stock to satisfy large orders can be organised in advance. Please ask our sales staff for more information.

Trading Terms:

• COD or prepaid unless arrangements for credit organised at the time the order is placed and prior to delivery of trees.
• Established credit customers strictly 30 days from statement. If account balance is not in order subsequent supply will be denied.
• Customers will remain on a COD basis until credit is approved which will be at the discretion of the Winter Hill Tree Farm Directors.
• Responsibility for stock delivered by Winter Hill Tree Farm ceases when stock is received by the customer and authorised when the Delivery Document supplied by the driver is signed.
• Responsibility for stock collected by transport companies ceases when stock leaves Winter Hill Tree Farm.
• All plants remain the property of Winter Hill Tree Farm until paid for in total.
• Winter Hill Tree Farm may initiate external debt collection services to recover any monies outstanding 30 days after invoice due. Ongoing failure to meet the obligations of the invoice may result in the customer incurring further legal fees and interest charges on the outstanding amount as dictated by the debt recovery process.
• Winter Hill Tree Farm reserves the right to withdraw credit at any time without notice to the customer.

Product Claims:

Any discrepancy or query relating to the order or quality of stock delivered must be made at the time of delivery and in the presence of the delivery driver or by contacting the Winter Hill Tree Farm office on 02 4878 9193.

As noted in the Trading Terms (above)

• Responsibility for stock delivered by Winter Hill Tree Farm ceases when stock is received by the customer and authorised when the Delivery Document supplied by the driver is signed.

Winter Hill Tree Farm will not be responsible for deliveries made to premises that are unattended by the customer.

Should a claim be validated by one of our staff members we will credit your account with an adjustment note as required. Credit notes issued to customers MUST be used within 12 months from date of issue, after that time it will become invalid.

Limit of Liability:

Information and recommendations on plant suitability supplied by Winter Hill Tree Farm is given in good faith but no guarantees are given. We aim to recommend plants that best meet the customer requirements as identified by the customer. The customer acknowledges Winter Hill Tree Farm provides recommendations as a guide only and those recommendations are given in good faith based on information supplied to us by the customer. Growth and performance of stock supplied is dependent on a wide range of conditions beyond our control.

Winter Hill Tree Farm shall not be responsible for loss of any product, profit or any other indirect special or consequential damages.

No liability will be accepted by Winter Hill Tree Farm, its directors or staff for information or plant material supplied by staff verbally, in writing and/or as outlined on the Winter Hill Tree Farm website www.winterhill.com.au