CONDITIONS OF SALE
ALL ORDERS WILL ONLY BE ACCEPTED SUBJECT TO THE FOLLOWING CONDITIONS
1. Witzenberg Range Nursery gives no explicit or implied warranty of any material being sold herewith if such material after leaving the company’s control, has been exposed to abuse or exposed to use other than what the product was propagated for.
2. The Purchaser acknowledges the risk involved in the activity and hereby indemnifies Witzenberg Range Nursery against claims for harm/damage caused to him/his property due to reasons beyond the reasonable control or unintentional act of any person, whether or not in the employment of Witzenberg Range Nursery.
3. There is neither any agreement nor understanding between Witzenberg Range Nursery and the Purchaser, nor any guarantee given or representations made by or on behalf of Witzenberg Range Nursery, except as included in this agreement.
4. Witzenberg Range Nursery will not be responsible to the Purchaser, or any other person for any representation made by any employee or any other person on behalf of Witzenberg Range Nursery in connection with the plant material, unless such representation was made by a person authorised either expressly or tacitly to make such statement by Witzenberg Range Nursery.
5. A Purchaser with any objection to the quantity or otherwise to the plant material itself, should submit such objections in writing within a reasonable time of receiving such plant material. The Purchaser therefore guarantees the availability of such plant material at the stage of inspection.
6. Any quantity of plant material promised and any time or date of delivery stipulated must be regarded as an estimate. Witzenberg Range Nursery will not be liable for any failure, for whatever reason, to deliver on the agreed date or the agreed quantity. We will communicate unavoidable delay in the delivery.
7. Witzenberg Range Nursery obligations hereunder are subject to growing conditions for plant material and availability thereof. Orders and the Agreements may be unilaterally cancelled and modified if Witzenberg Range Nursery is unable to perform any part of this Agreement as a result of causes beyond Witzenberg Range Nursery’s control, including, but not limited to, weather conditions, drought, flood, fire, hail, labour problems, crops failure, disease, government regulations or restrictions and any similar causes. Witzenberg Range Nursery shall have the right with notice, to substitute the closest possible size plant or tree at their current price for plant material or stock if they are unable to furnish size set forth in this Agreement.
8. If plant material must be dispatched to a Purchaser our liability will end and the risk will pass to the Purchaser on delivery of the plant material to the forwarder.
9. Witzenberg Range Nursery shall within a reasonable time after delivery of plant material, replace or refund plant material found to be untrue to name or label, to the producer the price paid by the producer at the election of the producer. The aforesaid warranty is subject thereto that the plant material supplied by Witzenberg Range Nursery have not been altered contrary to any instruction of the company after leaving the company’s control, has not been exposed to abuse or exposed to use other than what the product was propagated for. Any claim must be submitted to the company in writing within a reasonable time taking into regard that the plant material should still be available for inspection by Witzenberg Range Nursery. Goods may not be sent back without authorisation by Witzenberg Range Nursery.
10. No order shall be deemed to have been cancelled, unless we confirm such cancellation in writing. Cancellation of orders will be in our exclusive discretion. We may impose a cancellation fee in the event of cancellation before delivery. The fee will depend on the nature of the order, the length of notice of cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. Witzenberg Range Nursery may require a deposit to confirm an order, and no refunds on deposits will be made in the event of cancellation for already ordered / made Special-Order Goods.
11. The Purchaser undertakes to pay the purchase price within thirty (30) days of invoice. All amounts payable by the Purchaser incur interest at a maximum rate as legally allowed from time to time and would be payable monthly in arrears on the last day of every month.
12. In respect of protected cultivars, the Purchaser undertakes:
(a) To pay all premiums and royalties in respect of such cultivars in commercial orchards within the borders of the Republic of South Africa;
(b) To establish all plant material of such cultivars in commercial orchards within the borders of the Republic of South Africa;
(c) Not to produce, or allow to be produced, further plants from vegetative material of such cultivars
(d) Not to sell, donate or any ay other way, dispose of vegetative material of such cultivars
13. Witzenberg Range Nursery and the Purchaser consent in terms of section 45 of the Magistrate Court Act in respect of any actions instituted arising out of this Agreement to the jurisdiction of any Magistrate Court which at the time of the proceedings in question has jurisdiction in terms of the Act. Should Witzenberg Range Nursery institute action, the Purchaser will be liable for costs as on attorney-client scale, as per mandate between attorney and client.