Terms of Trade
1.1 “VLN Ltd” shall mean Van Lier Nurseries Ltd or any agents or employees thereof.
1.2 “Customer” shall mean the customer, any person acting on behalf of and with the authority of the customer or any person purchasing goods from VLN Ltd.
1.3 “Goods” shall mean all goods, provided by VLN Ltd to the customer, and shall include any fee or charge associated with the supply of goods by VLN Ltd.
1.4 “Price” shall mean the cost of the goods as agreed between VLN Ltd and the customer subject to clause 3 of the contract below.
2.1 All orders are subject to acceptance and are not binding on VLN Ltd until after written confirmation.
3.1 Where no price is stated in writing or agreed to verbally the goods shall be deemed to be sold at the current amount as such goods are sold by VLN Ltd at the time of
3.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of VLN Ltd between the date of the
contract and the delivery of the goods.
4.1 A deposit is required with the order. The amount of the deposit is at the discretion of VLN Ltd and will be between 20% & 100%.
4.2 Payment for plant material shall be made in full on or before the 20th day of the month following the date of the invoice which is “the due date”. Payment for fresh cut flowers shall be made in full on or before 7 days of the date of dispatch.
4.3 Interest may be charged on any amount owing after the due date at the interest rate of 2% per month or part thereof.
4.4 Any expenses, disbursements and legal costs incurred by VLN Ltd in the enforcement of any rights contained within this contract, shall be paid by the customer, including
any reasonable solicitor’s fees or debt collection agency fees.
4.5 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.1 Time for delivery is not of the essence of the contract. VLN Ltd reserves the right to cancel the order for reasons of crop failure, imports not received, strike, lockout, act
of God or other extraordinary circumstances. (All delivery, packaging and freight charges are at the customer’s cost).
RISK OF LOSS
6.1 VLN Ltd accepts no risk for loss in delivery and all losses or damage are at the customer’s risk and cost.
7.1 Where the customer has not paid for any goods in its possession property in such goods shall remain with VLN.
7.2 The customer gives irrevocable authority to VLN Ltd or a VLN Ltd agent to enter upon and into land and premises owned, occupied or used by the customer, where the
goods are situated and take possession of the goods, without being responsible for any damage thereby caused in cases referred to in clause 7.1.
RETURN OF GOODS
8.1 The customer shall be deemed to have accepted the goods unless the customer notifies VLN Ltd otherwise within 48 hours of delivery of the goods to the customer.
9.1 Except as otherwise provided by state VLN Ltd shall not be liable for any loss or damage of any kind whatsoever whether suffered or incurred by the customer or another
person whether such loss or damage arises directly or indirectly from goods or services or advice provided by VLN Ltd to the customer and without limiting the generality
of the foregoing of this clause VLN Ltd shall not be liable for any consequential loss or damage of any kind including without limitation.
CONSUMER GUARANTEES ACT
10.1 The guarantees contained in the Consumers Guarantees Act 1993 are excluded where the customer acquires goods or services from VLN Ltd for the purpose of a
business in terms of section 2 and 43 of that Act.
11.1 Where the customer is a company, the directors of the company, by signing in their personal capacity overleaf, undertake to personally pay VLN Ltd the unpaid overdue
balance and any interest accrued pursuant to clause 4 of this contract immediately on written request by VLN Ltd.
11.2 By signing overleaf, in consideration of VLN Ltd entering into this contract , the customer guarantees jointly and severally to VLN Ltd the payment obligations of the
customer pursuant to clause 11.1
RESTRICTIONS ON PROPAGATION
12.1 By placing an order the customer acknowledges without reserve that goods in this case cuttings supplied to the customer by VLN Ltd will only be used for flower
production in the customers own business. No propagation material in any shape or form shall be put to the disposal of third parties. No customer shall propagate from
protected varieties without prior permission from VLN Ltd thereby incurring the payment of royalties where applicable.
13.1 Failure by VLN Ltd to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any rights or obligations VLN Ltd has
under this contract.