TERMS AND CONDITIONS OF SALE

"Seller" refers to Elands Nursery cc who is the seller of the Goods as defined herein.

"Buyer" refers to the entity purchasing the Goods.

"Goods" and “Orders” refers to the goods and products supplied by Seller to Buyer, as such were approved by Seller in reply to Buyer's order.

  1. Qualifications to purchase and deliver 

a. The Sellers wholesale prices are offered to bona fide members of the nursery industry, developers         and landscapers only.

b. All purchases are subject to minimum quantities or minimum Rand value, whichever is applicable          first.

c. All purchases to regular delivery routes hold a minimum Delivery and Handling charge, please see point 5(a)(i)

d. Purchases that require delivery are subject to a minimum Rand value dependant on the area.

i. Minimum Rand value is R2500.00 ex vat (this excludes areas that do not fall under our regular delivery schedules. Please contact the sales department for specifications to these areas)

ii. Minimum quantities are per variety and as per table below

Table1.JPG

2.  Prices

a. The Sellers latest price list cancels out all previous price lists.

b. Prices on all the Sellers price lists are subject to change without prior notification.

c. All Prices exclude Vat, delivery and handling unless specified otherwise.

3.  Retention of Title: All goods remain the property of the Seller until paid in full by the Buyer

4.  Terms of payment

a. Terms are strictly on a Payment before Delivery (PBD) basis for all Buyers for a minimum 6-month period.

b. Thereafter, should it be required, a written request can be made to the Seller’s Accounts department for         any change to the Buyers account terms. The granting of any new payment terms remains strictly at the         discretion of the Seller.

c. Late or non-payments: interest will be charged on all late settlements of accounts. Non-payment will result in legal action and all legal costs incurred by the Seller will remain the Buyers cost.

d. Payments not received by relevant date and time deadlines will lead to automatic cancellation of order.

e. Payments will be made to the Seller using the following account: Elands Nursery cc, First National Bank, Uitenhage, Branch number 210316, Account number 53970388303.

5.  Terms of delivery of goods

a. The Sellers prices do not include delivery and handling costs, please contact the Sellers sales department      (info@elands.co.za) to enquire about delivery costs to your area.

i. There is a minimum delivery and handling charge on regular routes, please contact the Sellars Sales     department for more information ( info@elands.co.za )

b. The Seller does not commit to delivery of orders to all areas at all times, should a delivery not be                     scheduled to an area it is the Buyer’s responsibility to arrange collection of goods ordered. Please note         that plant products take preference over bagged substrate and fertiliser deliveries.

c. Delivery dates and times are estimates and while every effort will be made to meet schedules, deliveries        are subject to time delays. Given delivery times and dates are to be used as a guide only.

d. Order cut off times and dates are pre- scheduled and not negotiable. Orders not received by the order          cut off time and date will be delayed until the next scheduled delivery to that area.

e. Goods can only be off loaded in designated order receiving areas or next to the Sellers delivery truck. No       goods will be packed onto the Buyers selling floor or placed in situ on landscaping sites.

f.  Goods, once delivered, no longer remain the Seller’s responsibility. All care, watering and securing of             goods remains the responsibility of the Buyer once delivery has taken place.

g. It is the Buyers responsibility to confirm altered delivery addresses within 24 hours of vehicle departure          for route planning and order sequencing. Extra delivery charges are applicable should the Seller be                required to ‘re-deliver’ goods or should changes need to be made to the log of a current delivery                    schedule.

h. Buy signing acceptance of an invoice or delivery note the client confirms that plants are accounted for,          are in acceptable condition and, if relevant, contain the correct label information and price.

6.  Cancellation of Goods ordered. A 10% handling charge and/or transport charges, where applicable, will be               implemented for orders not cancelled in good time, this includes but is not limited to

a. orders cancelled that have already been pulled by the Seller

b. orders delivered by the Seller and then cancelled by the Buyer at offload.

7.  Returns and Refunds:

a. Granting of requests for refunds on goods and transport/handling costs remain solely at the discretion of      the Seller and will only be considered under the following conditions.

i. An RFC form is completed immediately on delivery of goods and signed for by both the client and       Elands Staff member.

ii.  All requested information, including the relevant invoice number relating to the credit, appears on      the form.

iii.  No returns will be processed until all goods returned

1. are off loaded at the Seller’s premises

2. are in a suitable condition

3. have been checked according to the seller’s processes.

iv. Processing approved credits against client accounts requires a minimum of 3 working days and will      only proceed once goods have passed the relevant checks as mentioned above

v.  Returns requested after delivery has taken place and within 48 hours of acceptance of order must           be applied for in writing. Permission to return goods remains at the Seller’s discretion.

vi. The Seller’s staff will only be permitted to collect returns, previously delivered, if they have been              instructed to do so by our office.

8.  Quotes, Holding and booking of stock.

a. All stock availability is subject to plants being available at the time of confirming an order.

b. No holding of stock can take place unless a ‘Maintenance Agreement’ is signed between the Seller and        the Buyer. Maintenance fee charges apply for stock that is placed in the Sellers holding area. Please email      the Sellers sales department for more information.

c. Quotations are valid for 30 days and subject to plants being available at time of confirmation and                    payment of order.

9.   Contract growing: Please contact the Sellers sales department info@elands.co.za should you want to request contract growing information

10.  Warranty: The Seller warrants the goods sold subject to the use, storage and care thereof in accordance with and based on Seller's standard tolerances, care instructions and recommendations.

11.  Complaints and compliments: These can be forwarded by email to rick@elands.co.za

Growing into the future