Terms & Conditions

By accessing, browsing or using our website you agree to be bound by these terms, conditions and disclaimers as amended from time to time.

Definitions

ACL :  Australian Consumer Law Act 2010.

Company :  P&H Wratten &Assoc Pty. Ltd.

Trading as Dream-time wholesale nursery ACN: 066 745 026

Customer :  person, corporation or firm jointly and severally

If more than one, acquiring goods from the company.

Goods :  goods supplied by the company to the customer.

GST :  the Goods and Service Tax as defined by the Act 1999 

and it’s associated Regulations as amended.

PPSA :  Personal Property Securities Act. 2009 and its

 Assoc Regulations as amended.

Terms :  Terms and Conditions of trade.

Pricing

All prices quoted for the supply of goods, exclude GST.

Payment

None-account Customers.

Payment must be made before delivery. (EFT Preferred)

Account Customers.

First delivery COD unless prior arrangements have been made.

30 days from company invoice.

Credit limit applies and the company may alter credit limit without notice.

Payment by cheque is not deemed made until the proceeds of cheque have been cleared.

A $30.00 fee is payable by the customer if the cheque is dishonored.

Payment default

Should the customer default in payment by the due date of any amount payable to the company, becomes immediately due and payable without any notice to the customer, the company may without prejudice to any of it accrued or contingent right.

Charge the customer interest on any sum due at the prevailing pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 5% for the period from the due date until payment is received in full.

The customer must indemnify the company from, all costs and expenses, including without limitation all legal costs and expenses incurred by it resulting from default or taking action to enforce compliance with the agreement or to recover payment or goods.

The company may cease or suspend the supply of further goods to the customer.

Delivery

The company may at its discretion arrange for delivery of goods.

The customer must provide reasonable access to the location point of delivery.

The customer authorizes the company to use subcontractors to do deliveries in its absolute discretion.

The company at its discretion may or may not charge for delivery, Delivery excludes GST.

A completed deliver manifest (Docket) whether signed by the driver or by the customer or its employees or agent will be proof of delivery of goods Invoiced delivered in good order and condition.

A date or time of delivery is intended estimate and will not entitle the customer to cancel the order or claim damages as a result.

Unless otherwise agreed in writing by the company, the customer will be responsible for all costs associated with the delivery, including freight at pre GST if applicable, insurance and other charges arising from the point of dispatch of the goods to the customer delivery point.

If the company does not receive forwarding instructions for goods held in excess of 45 days

Sufficient to enable dispatch the goods or the goods are not collected by the customer within 7 days of 45 day excess being met that the goods are ready the customer shall be deemed to have taken delivery of the goods from such date. The customer shall be liable for storage charges payable monthly on demand.

Liability

The company at time of delivery confirms that goods are in good order and condition and as such the customer knowledges that they are satisfied with the goods. The company is not liable for any indirect or consequential losses or expenses suffered by the customer or any third party, however caused, including but not limited to loss of turnover, profit business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.

Returns and Exchanges

The company will not be liable for shortages damage or non compliance unless a customer delivers in writing with full details within 48 hours of the inspection of goods, specifying shortage or defect ( otherwise the customer is deemed to have accepted goods)

The company reserved the right to inspect the goods and investigate the complaint.

The company further reserves the right to either replace the goods or give a refund.

The company under no circumstances accept goods returned that are damaged and not in their original condition or have been damaged by a natural occurrence or are a myrtaceae  species that cannot be returned due to our Bio-secure obligations.

Should the company except return of goods the customer agrees to maintain in a healthy condition until pickup. (Subject to the above).

Should the company except returns, the customer agrees to pay all freight charges associated with the return of goods should the company be deemed not responsible for the return of goods.

Misc

Any quotes provided are valid for 30 days.

Terms and Conditions may change without notice.