Please note these Terms and Conditions are for reference only and your quotation/Order you will receive includes same.
Loxton Vine & Citrus Nursery ("LVCN") shall have the right to vary or cancel any order or any part of an order if due to seasonal or other factors the vines and trees ordered are not available for collection in whole or in part. A part payment of $1.00 per vine ordered is payable by the Buyer to LVCN within 7 days of acceptance of an order by LVCN. The balance of the purchase price is payable by the Buyer in full to LVCN upon collection of the vines and trees. The Buyer agrees that if any GST is payable in respect of the supply of vines and trees then the Buyer shall pay to LVCN an amount equivalent to the purchase price plus any applicable GST upon collection of the vines and trees. LVCN gives no warranties as to the soundness or quality of the vines and trees supplied and all warranties implied into this contract by Statute or by operation of law are hereby expressly excluded. The Buyer acknowledges that LVCN has made no warranty or representation in respect of the quality or otherwise of the vines and trees supplied. LVCN gives no guarantee in respect of the survival rate, fruitfulness, fruit quality or any other matter related to the performance of the vines and trees. LVCN gives no guarantees as to the presence or otherwise of any viral infections, phytoplasma infections, bacterial infections, fungal infections or any other pest or disease in the vines and trees supplied. LVCN gives no guarantee in respect of any Crown Gall, Australian Grapevine Yellows or other bacterial infestations or pests and diseases which may be present in the rootlings of vines. The Buyer agrees not to make any claim against LVCN in respect of the vines and trees supplied except when such claim arises from the negligence of LVCN. No such claim by a Buyer shall be entertained by LVCN unless such claim is made within 3 months of the Buyer taking delivery of the vines and trees. Any liability of LVCN shall be limited to the value of this invoice. The risk in the vines and trees supplied shall pass to the Buyer upon collection of the vines and trees from LVCN by the Buyer or the Buyer’s agent. LVCN shall retain ownership of the vines and trees until such time as payment in full has been made by the Buyer to LVCN. Should the Buyer fail to pay for the vines and trees as required LVCN may without notice to the Buyer resell the vines and trees and claim any loss on such sale from the Buyer as damages for breach of contract.