Ginseng Seed & Supplies Australia Pty Limited
ACN 123 193 331
Trading Terms and Conditions
For Sale of Ginseng Seeds
Ginseng Seed & Supplies Australia Pty Limited (“GSSA”) takes pride in the quality of its products. Customers are requested to inform GSSA if an order is incorrectly delivered or if there is dissatisfaction with the seeds.
As a part of our quality procedures, it is important that GSSA and the Customer agree on the terms on which business is to be transacted. These terms and conditions are current for trading with GSSA at the time of issue, however the terms and conditions may vary from time to time.
In these conditions unless the contrary intention appears:
“Additional Charges” includes all delivery, handling, customs and storage charges, goods and services tax, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to GSSA arising out of the sale of the Seeds.
“Customer” means the person to or for whom the Seeds are to be supplied by GSSA.
“Goods” means the seeds sold to the Customer by GSSA.
“GSSA” means Ginseng Seed & Supplies Australia Pty Limited, ACN 123 193 331.
“Purchase Price” means the Australian Dollar list price for the goods as charged by GSSA at the date of delivery or such other price as may be agreed by GSSA and the Customer prior to delivery of the Seeds.
2. Order for Seeds
2.1 An order given to GSSA is binding on GSSA and the Customer, if:
2.1.1 the order is accompanied by payment as provided for under clause 5.3 of these Trading Terms and Conditions; and
2.1.2 either a written acceptance is signed for or on behalf of GSSA; or
2.1.3 the Seeds are supplied by GSSA in accordance with the order.
2.2 An acceptance of the order by GSSA is then to be an acceptance of these conditions of sale by GSSA and the Customer and these conditions of sale will override any conditions contained in the Customer’s order. GSSA reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Seeds to the Customer. No order is binding on GSSA until accepted by it.
2.3 An order which has been accepted in whole or in part by GSSA cannot be cancelled by the Customer without obtaining the prior written approval of GSSA, which it may refuse in its absolute discretion.
3.1 GSSA warrants that the Seeds conform to the sample previously provided to the Customer. Except as provided for below, GSSA makes no other warranties as to merchantability, fitness for purpose, conformity with local laws or regulations or otherwise with respect to the Seeds.
3.2 Certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of GSSA in respect of a breach of a Prescribed Term or any warranty made under these terms and conditions is limited, to the extent permissible by law and at the option of GSSA, to the:
3.2.1 replacement of the Seeds;
3.2.2 payment of the cost of replacing the Seeds; or
3.2.3 refund of the Purchase Price paid by the Customer.
3.3 Any claims to be made against GSSA for short delivery of Seeds must be lodged with GSSA in writing within 7 days of the delivery date.
3.4 Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded.
4.1 The times quoted for delivery are estimates only and GSSA accepts no liability for failure or delay in delivery of Seeds. The Customer is not relieved of any obligation to accept or pay for Seeds by reason of any delay in delivery. Seeds may be delivered by instalments at the discretion of GSSA.
4.2 Risk in accepting the Seeds passes on delivery to the Customer.
4.3. All Additional Charges are payable by the Customer in addition to the Purchase Price of the Seeds.
4.4. Return of Seeds will not be accepted by GSSA except by prior agreement in writing with GSSA. Any Seeds returned will be subject to a restocking charge of 10% of the Purchase Price of those Seeds.
5. Price and Payment
5.1 The Customer must pay the Purchase Price and the Additional Charges to GSSA.
5.2 If the Customer is in default, GSSA may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
5.3 Payment of 100% of the Purchase Price is due with the Customer’s order.
6. Retention of Title
6.1 Ownership, title and property of the Seeds remains with GSSA until payment in full for the Seeds and all sums due and owing by the Customer to GSSA on any account has been made. Until the date of payment:
6.1.1 the Customer has the right to sell the Seeds in the ordinary course of business;
6.1.2 until the Seeds have been sold by the Customer in the ordinary course of the Customer’s business, the Customer holds the Seeds as bailee for GSSA;
6.1.3 the Seeds are always at the risk of the Customer.
8.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of Tasmania and the Commonwealth of Australia.
8.2 These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
8.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
8.4 No waiver of any of these terms and conditions or failure to exercise a right or remedy by GSSA will be considered to imply or constitute a further waiver by GSSA of the same or any other term, condition, right or remedy.