These general terms and conditions of sale by Virginia Nursery Pty Ltd T/A Virginia Seedlings (“Virginia Nursery Pty Ltd or “Seller”) are applicable to all sales made by Virginia Nursery Pty Ltd unless there is a specific separate written agreement.

The placing of an order is deemed as the Purchaser’s acceptance of the General Terms and Conditions of sale printed on the sales orders, invoices & delivery dockets, etc or any other Virginia Nursery Pty Ltd commercial document. These Terms and Conditions supersede any prior documents to the contrary and are listed on website www.virginiaseedlings.com.au

The Seller warrants that the seed and or seedlings is of fair and marketable quality in compliance with the sales order / invoice, applicable regulations and customary practices in the seed trade and nursery industry. The Seller makes NO other warranty of any kind. Accordingly, the Seller’s liability for the use of goods by the Purchaser is limited to the value of the goods supplied and will not include incidental or consequential damages, such as loss of yield or lost profits. The Purchaser must give the Seller immediate notice when the Purchaser believes a Breach of Warranty exists, and the Purchaser shall fully cooperate with the Seller’s Investigation.

Unless there is a special agreement with the Seller, the various varieties of seeds and or seedlings shall be supplied to the Purchaser for sale and/or resale exclusively under the Seller’s variety name and trademark. Consequently, the Purchaser shall formally refrain from removing the seed from its packaging, for the purpose of repackaging and/or processing in any way whatsoever (coating, film coating, treatment or other), and/or resale in open packaging. The Purchasers agree to have his own customers abide by this clause. In the event the Purchaser or his own customers do not comply with this obligation, the Seller shall not be held liable in any way whatsoever for the goods supplied by him, and the Purchaser shall accept full liability for the consequences which may arise from failure to comply with this obligation.

Consequently, the Seller may in no case be held liable for use of the said goods and its consequences that do not comply with their intended uses. Similarly, any multiplication, production, reproduction and/or re-export of the goods by the Purchaser of his own customers is formally prohibited. The Seller shall not accept, regardless of the reason, any return of goods.

All goods sold by Seller are believed to be true to description. No warranty or indemnity is given to the purchaser that any goods will conform to the descriptions provided.

Product data are based on averages of results from various locations. They are a summary of past results and not a prediction of future performance.

Performance will vary depending on actual environment, pathogen strain and management conditions in the Purchaser’s growing location. Any technical advice is provided for the Purchaser’s consideration only and is not a warranty or promise of specific result.

The Seed has been sold to the Purchaser for the right to use this Seed for the sole purpose of growing a single crop of plant parts for sale or use as a vegetable product.

Purchaser shall not export, reproduce, multiply or breed the Seed, and shall not genetically analyze or manipulate in any way the Seed, or any plants or plant parts produced from the Seed.

Once the Seller has confirmed the order, it shall be filled insofar as possible, and the goods shall be delivered, insofar as possible, on the delivery dates (due dates) stated on the Sales Order. Delivery dates (Due dates) stated on the Sales Order at time of ordering are an approximate date that may vary slightly, due to Mother Nature.

Purchaser may not take any action against the Seller and/or claim any compensation due to requested late delivery of seedlings after their delivery date (Due date).

Deliveries shall be made according to supplies and availabilities in sufficient quantity. In the case of partial delivery, the products shall be invoiced in proportion to the quantities delivered. Orders may not be filled in case of force majeure (Unforeseeable circumstances).

No compensation (particularly all damages of any nature whatsoever) may consequently be claimed, particularly for partial delivery, non-delivery or late delivery.

Purchaser shall accept full responsibility for the germination of their own seed supplied.

The Seller takes no responsibility for altered Delivery dates (Due dates). If in any circumstances the Seller alters the Delivery date (Due date) the Purchaser will be contacted via phone or SMS stated on the Sales order. Any incorrect, disconnected or unavailable contact numbers are not the responsibility of the Seller.

IF the Purchaser requires consistent height seedlings, the Purchaser must calculate approximately 20% extra seedlings on top of the required order quantity at the Purchasers cost, the Seller is not liable for any undersized seedlings.

Any orders not collected by the Delivery date (Due date) or cancelled once propagation has commenced the Seller reserves the right to sell the Purchaser’s order with a loss of deposit.

If the Purchaser’s order in unsalable, the order will be invoiced to the Purchaser and balance is payable within 7 days of invoice date. Action will be taken to recover outstanding balance including legal fees.

The Seller agrees to the prices stated on the Sales Order in force on the day the order was confirmed. Prices stated on the Sales Order are excluding freight, packaging and handling unless otherwise stated.

Prices are subject to change, at the Seller’s discretion prior to delivery, in the event of any factor beyond the Seller’s control (including changes to taxes and duties, increases in seed cost and/or supply costs).

Payment terms are generally C.O.D (Cash on Delivery) unless a 30 day account has been authorised by the Seller. In the event of unfavorable information on a Purchaser’s solvency, Seller in its sole discretion, reserves the right to deliver only against immediate payment on the day of delivery or against payment in advance.

In the case of late payment, Seller in its sole discretion may suspend or cancel all current orders until full payment has been made of all sums due, without prejudice to any other means of action and/or damages that the Seller reserves the right to claim.

Purchaser may not take any action against the Seller and/or claim any compensation due to the suspension or cancellation.

Any sum not paid at the due date given on the invoice may be subject to late payment fees as well as the immediate requirement to pay all sums due for other deliveries. Purchaser is responsible for all costs incurred by the Seller to collect money pursuant to a sales transaction.

Risk in the Goods shall pass to the Purchaser upon delivery of the Goods to the Purchaser or collection of the Goods by the Purchaser, its agent or courier as the case may be.

The Purchaser acknowledges that diseases of plants produced by seeds can be transmitted by wind, insects, animals or humans and may be diseases originating in the seed, plants or soil.

Although the Seller believes the Goods to be free from disease and that the Seller complies with all Nursery Hygiene standards the Purchaser acknowledges they may not take any action against the Seller and/or claim any compensation due to disease in crops leading to any loss, upon delivery of the Goods to the Purchaser or collection of the Goods by the Purchaser, its agent or courier as the case may be.

All seed purchased by the Seller has been treated or tested in the proper manner and that the seed has conformed to the required standards and specifications as to customs and to the fullest extent permitted by law.