Trading Terms

Trading Terms/Warranty/Refund Policy

RETAIL CLIENTS
By purchasing plants and engaging Blerick Pty Ltd (hereinafter “Scotch Hill”) to provide a service all customers agree to the following terms and conditions:
PURCHASERS OF PLANTS FROM SCOTCH HILL

1. Plant Purchases From SCOTCH HILL

• Refund Policy. No refund is given.
• Payment must be made in full before a plant will leave the nursery, including the delivery charge (if applicable). Payment can be made by cash, Visa, American Express, Mastercard, and direct deposits. For direct deposit the funds must be cleared in our account before dispatch. ​
• Some purchases include holding, delivery, transport and/or third-party sourcing fees included in the total price of the purchase. These fees will not be refundable if the purchase is to be refunded.
• Clients must make their plant selection carefully. Because your plants can be subjected to conditions which are outside of Scoth Hill’s control, Scotch Hill does not accept returns once a plant has left the nursery or you have accepted delivery.
• Any issues must be brought to Scotch Hills attention in writing within 7 days for it to be considered.
• Scotch Hill takes great care in providing a quality tree that is true to name but gives no warranty to its performance.

2. Telephone/Email Sales

• When a customer purchases a plant online, over the telephone or via email, (sight unseen) the customer is agreeing to abide by stock selection of the supplier.
• The plant provided will be true to stated type and will be in the stated or equivalent pot size and in good health at the time of pick up or delivery. However, exact size of plants can vary as the size in a given pot depends greatly on the species, growing cycle and season. Scotch Hill  will give no warranty as to exact size and volume on any unseen purchase.
• If requested every attempt will be made to give the client an accurate estimate of the plant size at the time of enquiry and organise a photo if required.
• Selection of stock at the nursery by the customer is recommended and welcome.

3. Orders from Third Parties

• If Scotch Hill orders stock from a third party on behalf of a client a 50% non-refundable service fee is required before the order will be placed.
• The balance of the total cost of the stock ordered is payable at time of pick up or before delivery.
• In any order from a third party Scotch Hill is acting as an agent of the purchaser only and every effort will be made by Scotch Hill to assess stock for quality before accepting plants on behalf of our clients. Scotch Hill will not take responsibility for the quality or performance of any plant purchased from Third Parties 

4. Purchase Cancellation Policy

• Clients must make their plant selection carefully.
• Once a financial transaction has transpired the plants are considered sold and are removed from sale and therefore unavailable for sale to other customers.
• If there is a change of mind or circumstance Scotch Hill will not provide a refund.
• If a customer is unhappy with the quality of a plant purchased directly from Scotch Hill, and not sourced from a third party, they can return the plant at their own cost and will be given a replacement. If the plant was chosen directly on site by the client no replacement will be given.
• Returned plants must be in reasonable condition.

PURCHASERS OF SERVICES FROM SCOTCH HILL

5. Holding Service

• Scotch Hill offers a holding service for plants purchased from Scotch Hill.
• 50% or greater of the Invoice total is required as a deposit.
• Plants can be held for 4 weeks (at no cost to the customer), however no plant will be held between 24 December and 15 January. All plants held must be picked up before that date.
• At the end of 4 weeks, the client will be notified and if the plants are not collected, there will be a holding charge of 5% per month of invoice total (This is a service fee and is not refundable).

6. Installation Service

• Payment of the plant purchase component must be made before the installation commences, our Purchase Cancellation Policy will apply to these plants.
• At the end of the installation an invoice will be sent to the client for excess labour and materials not covered in the original invoice, which must be paid within 7 days.
• In some circumstances, the client may be asked for an advanced payment to cover the cost of materials purchased for their job.
• The client must inform Scotch Hill and its employees or contractors of the location of any underground services, within the vicinity of the plantings. If this information is not correctly supplied Scotch Hill will not be liable for any damage that may be caused to services during the installation of a garden. The Client will be responsible for any cost of repair to these services in the event of damage caused by no or incorrect information regarding underground services.
• In some circumstances, it is not possible to assess planting conditions until ground preparation commences. Scotch Hill reserves the right to withhold from planting if a location is deemed not suitable for planting (e.g. soil waterlogged) or too dangerous because of vicinity to underground services. If this situation arises, the client will be notified of the situation and alternative arrangements can be negotiated.

7. Transportation of Goods and Transportation Service

• For trees that are transported by client:
  – All care will be taken to inform the client of correct transport method at the time of purchasing, however, Scotch Hill will accept no liability for any loss or damage once a client or client’s agent removes the stock from the premises.

• For trees that are delivered by Scotch Hill:
  – All purchases that include delivery include a 50% deposit paid on date of purchase. Full purchase price must be debited or paid before the date of delivery.
  – Please inspect all trees for quality and quantity upon delivery in front of our driver. Claims will only be considered if concerns are raised either directly with the transporter or in the case of absence during delivery, in writing within 7 days of delivery.
  – Scotch Hill will accept no liability in excess of the purchase price paid for the trees.
  – Clients will be asked to sign a delivery receipt.
  – In the case that the client cannot be present at the time of delivery to sign, a photo shall be taken of the delivery consignment in situ, and this will be deemed as proof of delivery.
  – Our delivery vehicle needs clear access to the nominated drop off point, with a height clearance of 3m and with room to reverse or turn. Plants cannot be carted more than 10m from the vehicle to the drop off point. If access prevents the vehicle getting to within 10m of the drop off point, or the customer asks the driver to carry the plants further than 10m, an extra time charge of $15 per 15 minute time blocks will be applied to the invoice for the extra time involved in unloading the plants.
  – If you are not at home to receive the plants, please leave adequate rope at the drop off point so that we can secure the plants and a hose attached to a water source at the drop off point so that the plants may be watered if required.
  – Your delivery will be scheduled as one of many on a day, and due to reasons beyond our control, we are unable to give an exact time of delivery on the day. Customers are welcome to ring the driver on the delivery mobile on the day of delivery for an approximate time. This number is available from the office.
  – Once plants are delivered to a site they become the responsibility of the client. Scotch Hill will accept no liability for theft, loss or damaged caused to stock once it is delivered to the client’s premises.

• For trees that are delivered by third party carrier:
  – Scotch Hill will organise transport of trees on behalf of the client, using a third party carrier.
  – Scotch Hill will be acting as an agent for the purchaser and not as the transporter.
  – The carrier will be provided with delivery instructions in writing as given by the client, however, any claim in association with damage to or loss of trees during or after transport and/or delivery must be made directly with the carrier.
  –Scotch Hill will accept no liability for loss or damaged caused to stock once it leaves our premises.
  – The carriers’ terms and conditions in relation to stock drop off point will apply.

18. Service Cancellation

• If the customer cancels the service owing to a change of mind with at least 48 hours’ notice from the scheduled date, the money will be held in credit towards a future purchase.
• If Scotch Hill receives notification that the service is no longer required with less than 48 hours’ notice the client will be charged for the service and any deposit or payment will not be refunded.

9. Other Warrant’s and Claims:

• Many circumstances which are governed by forces beyond Scotch Hill’s control may affect the survival of your tree once it has left the nursery, therefore no guarantee or warranty expressed or implied as to the growth, description, quality or productiveness of our stock can be:
  – Damage in transport;
  – Tree drying out during transport or before planting;
  – Tree drying out after planting;
  – Root damage at time of planting;
  – Root damage after planting due to movement e.g. wind;
  – Too much water;
  – Poor drainage;
  – Pests and disease;
  – Contamination of soil e.g. salinity, buried toxins, limestone etc.;
  – Use of herbicides around the tree or drift;
  – Planting in wrong locations or unsuitable climate;
  – Incorrect pruning or at the wrong time;
  – Incorrect planting e.g. covering the graft;
  – Gas contamination;
  – Compaction of soil before or after planting;
  – Vandalism;
  – Mechanical damage;
  – Allowing the root ball to dry out and become impermeable to water although surroundings soil is damp;
• Scotch Hill  accepts no liability whatsoever for any damage caused to fences, buildings, plants, trees, underground or above ground pipes, conduits or cables, equipment or any structure whatsoever by any trees or shrubs supplied or planted by Scotch Hill.