Terms & Conditions

Definitions 

"Customer" and you means the entity who is specified as the Customer on the Quotation. 
"Delivery Date" means the date the Customer requests the Goods be available for delivery or collection and may be various dates specified in the Customer's planting schedule or program.
"Goods" means the plants and other materials outlined in the Quotation.
Quotation means the Suppliers summary of the Goods and Services to be provided, including all applicable fees and charges. 
Services means the services outlined in the Quotation. 
"Supplier" means the party listed as the Supplier on the Quotation.
Term means 12 months from the date of the Customer signing the acceptance section of the Quotation.
 
We offer credit applications which can be accessed here

General (Relevant to submitting an online quote request)

Products & Content

All Instant Green Nursery's content, products and prices on this website are subject to change without notice at any time. The information provided on this website is to be used as a guide only. We do not recommend any one plant variety in preference to another nor do we claim to be an authority on stock performance. All information is believed to be correct and is the result of private enquiries and experiences and are given in good faith. Instant Green Nursery gives notice that; Instant Green Nursery, employees included, disclaim all responsibility for any harm, loss, cost or damage resulting from the use of, or reliance upon, the whole or part of any information contained on this website if any part of the information is inaccurate or incomplete. Photos are NOT of current stock and is displayed only for illustration purposes as a representation of the variety. Photos are not a clear representation of the size you may be after as only one pot size of each plant was photographed. If you do require a photo of a specific pot size please contact our friendly team. This website is protected by copyright, trademark, trade dress and other relevant laws. The site and its contents are owned by Instant Green Nursery and all other trademarks appearing on the site are also subsequently owned by Instant Green Nursery. You agree to not display or use Instant Green Nursery's content without express permission. If you wish to use any material on this website, please email info@instantgreennursery.com.au. You may not change, modify or distribute any materials on this website for commercial or industry use.

Quote Requests & Personal Information

When a quote request is submitted through the website your personal and business information will be saved in order to fulfil the quote request and order. If you rather have that information permanently deleted at any time please contact us and provide the name and email used when submitting the quote list or plant schedule.

Comments, Feedback & Submissions

Any comments, feedback, suggestions, submissions remain the property of Instant Green Nursery and the company is not responsible for maintaining comments in confidence, pay to users compensations for comments and respond to any user comments. When you submit a comment, you hold the responsibility that your comment does not violate any third party. You are solely responsible for the comments you submit.

Trade Terms

Orders 

Any quotations made by the Supplier are based on the quantities requested by the Customer and such Quotation is subject to change if quantities change. Orders will not be processed until such time as the Customer provides the Supplier with written confirmation of their acceptance of the Quotation unless otherwise agreed to by the Supplier. 

Pricing

The Suppliers Quotation is valid for thirty (30) days from the date of issue.Prices are exclusive of Goods and Services Tax unless otherwise stated. Prices are subject to the availability of Goods.Goods will only be reserved for a Customer following the Customers full payment of the Quotation. 

Payment 

In order to provide the Goods and Services, the Customer must either: Have a credit account with the Supplier whereby the Quotation is added to it; or Pay the full value of the Quotation within twenty four (24) hours of accepting the Quote. The Supplier will invoice the Customer without delay after the Goods and Services have been provided. Payment for invoices are due on or before thirty (30) days after the last day of the month in which the invoice was issued.Payments via credit card are subject to a one and a half percent (1.5%) processing fee.Customers who pay late accept that they will incur an administrative fee of $50 for every attempt to collect payment, plus interest at the rate of ten percent (10%) per month on the balance owing calculated on a daily balance. Any expenses or costs incurred by the Supplier in recovering any outstanding amounts, including debt collection or legal fees, will be recoverable from the Customer. The Customer will notify the Supplier of any concern or dispute it may have regarding an invoice within twenty four (24) hours from the time delivery is made. Once the twenty four (24) hours has passed, the invoice is deemed to have been accepted and payable in its entirety. 

Freight

All costs associated with the transport of the Goods, whether or not the transport is contemplated by these Trade Terms, are to be borne by the Customer. The Supplier will charge for freight for each and every delivery required to fulfil the Quote, where multiple Delivery Dates have been agreed too.

The Goods

The Supplier cannot and does not warrant that the ordered Goods will be available on the Delivery Date or conform to any specifications specified by the Customer, or any other party.Should the Supplier not supply the Goods by the Delivery Date, or be unable to substitute any portion of the Goods, where there is no fault of the Customer the Supplier shall refund to the Customer any deposit paid in proportion to the value of such Goods that could not be provided. Should the Customer be unable to accept delivery of the Goods by the Delivery Date, and the Supplier agrees to a later Delivery Date, the Supplier will store the Goods (ensuring they are adequately nourished and maintained) until the Delivery Date. If the Customer wishes to delay delivery under the preceding clause, they must provide at least twenty four (24) hours notice prior to the scheduled Delivery Date of its decision, otherwise the Supplier will charge additional delivery and restocking fees. In the event that the Supplier has to store the Goods until a later Delivery Date, a maintenance fee of five percent (5%) of the quoted price will be charged to the Customer for each month or partial month of storage. 

Return of Goods 

Any claim for Goods damaged or short supplied must be made in writing within twenty four (24) hours from the date the Goods were delivered (or collected by the Customer) and if possible refer to the delivery date, the relevant invoice numbers and reason for the claim. The Customer must not return Goods to the Supplier without the Suppliers prior written approval. 

Retention of Title 

The Supplier undertakes to exercise reasonable care when delivering the products and services ordered by the Customer. The Supplier endeavours to deliver products and services in accordance with customer requirements and legislation. Once the Goods have been delivered to the Customer, or collected by the Customer (or its nominated freight company) from the Suppliers nursery, the Customer is solely responsible for all maintenance going forward, including the storage, handling and application of the Goods.Notwithstanding physical delivery of the Goods to the Customer, right, title and interest in all Goods remain with the Supplier until the Customer has made payment in full. 

Cancellation or Changes to Orders 

Cancellation of our agreement, or changes to the Quotation will not be accepted after the Quotation is accepted by the Customer, unless agreed to in writing by the Supplier. If the customer accepts the Quotation in writing or by issuing a purchase order and cancels all or any part of such order after thirty (30) days, the Supplier reserves the right to charge eighty percent (80%) of the Quote value. 

Confidentiality 

The Customer agrees that all manuals, price lists, marketing material and any or all items displaying any logos or trademarks owned by the Supplier are the Suppliers proprietary property and shall not be used other than as intended, or distributed to other parties, without the Suppliers prior written consent. The Supplier reserves the right to remove or recall any of the above items without notice to enter the Customers land.