Proudly Australian Family Owned and Operated
By purchasing plants and engaging Blerick Pty Ltd as trustee for the Blerick Family Trust (hereinafter “Blerick”) to provide a service all customers agree to the following terms and conditions:
PURCHASERS OF PLANTS FROM BLERICK TREE FARM AND THRID PARTIES
1. Plant Purchases From Blerick Tree Farm
- 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, Mastercard, and direct deposits. Please note we do not accept Diners Club or Amex. For direct deposit the funds must have cleared into our account before dispatch.
- Some purchases include holding, delivery, transport and/or third party sourcing fees included in the price of the purchase. These fees will not be refundable if the purchase is to be refunded.
- Clients must make their plant selection carefully. Blerick do not accept returns once a plant has left the nursery or you have accepted delivery, due to the fact that it can be subjected to conditions which are out of Blerick’s control, which can adversely affect the plant and its resale potential.
2. Telephone/Email Sales
- When a customer purchases a plant over the telephone or via email, (site 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 pot size and in good health at the time of pick up or delivery. However exact size of plants can vary as the size and volume in a given pot size depends greatly on the species, growing cycle and season. Blerick 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 Blerick 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 Blerick is acting as an agent of the purchaser only and every effort will be made by Blerick to assess stock for quality control before accepting plants on behalf of our clients.Blerick 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 Blerick will not provide a refund.
- If a customer is unhappy with the quality of a plant purchased directly from Blerick, and not sourced from a third party, they can return the plant at their own cost and will be given a replacement. However if the plant is chosen directly on site by the client no replacement will be given.
- Returned plants must be in reasonable condition.
PURCHASERS OF SERVICES FROM BLERICK
5. Holding Service
- Blerick offers a holding service for plants purchased from Blerick.
- 50% or greater of the Invoice total is required as a deposit.
- Plants will only be held for 4 weeks (at no cost to the customer), however no plant will be held after 24 December and all plants held plants 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 our service fee and is not refundable).
6. Garden Consultations, Design and Plans:
- For consultations, a booking fee is required to be paid before the consultation via credit card.
- The balance is paid at the time of the consultation.
- If the client cancels the service or reschedules without 48 hours’ notice, the fee is non refundable.
- A 50% deposit is required at the time of commissioning a design or plan. The balance of payment is required on the day that clients come to the nursery to collect their plans.
- Plans will not be available to the customer until they have been shown the plants proposed to be used in the plan.
7. Installation Service
- Payment of the plant purchase component must be made before the installation commences, our Purchase Cancellation Policy will apply to these plants.
- Upon payment of the plant component the purchase of the plants has been made.
- At the end of the installation an invoice will be sent to the client for labour and materials, 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.
- Invoices from all suppliers will be provided to the client, upon request.
- Once plants are delivered to a site they become the responsibility of the client. Blerick will accept no liability for theft, loss or damaged caused to stock once it is delivered to the client’s premises.
- The client must inform Blerick 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 Blerick 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. Blerick reserves the right to withhold from planting if a location is deemed not suitable for planting (eg. 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.
8. 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, Blerick will accept no liability for any loss or damage once a client or client’s agent removes the Stock from the premises.
Advised Transport Method.
Don’t wind burn your plants on the way home. Transporting leafy trees in open trailers or utes can result in severe wind damage and perhaps the death of the plant. The tree needs to be transported in a covered vehicle, or with a tarp or wet sheet draped over the foliage. If you do not have a suitable method of transporting your trees, delivery can be arranged. If you transport your plants in a car, do not leave the car parked in a sunny position. Should you have to park, park in the shade and leave the window down. (More about plant care than terms and conditions however if you wish to leave it you can)
For trees that are delivered by Blerick:
– 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 within a reasonable time from delivery.
– Blerick 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.
– 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. Blerick 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:
– Blerick will organise transport of trees on behalf of the client, using a third party carrier.
– Blerick 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 damaged to or loss of trees during or after transport and/or delivery must be made directly with the carrier.
– Blerick 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.
9. Service Cancellation
- If a customer has booked a service or their purchase includes the performance of a service, such as delivery or planting, and it has been invoiced or paid for, there will be no refund if the customer has a change of mind.
- 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 Blerick 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.
10. New Clients
- Payment in full is required prior to delivery.
- Payment can be in cash or by credit card.
- After the first delivery clients will be permitted a 30 day trading account, providing that they are willing to complete a credit application.
11. Established Clients
- Established account customers are permitted 30 days credit from date of invoice, providing customer has completed a credit application.
- No credit will be given unless the application is completed in full.
- Ownership of the goods purchased shall remain with Blerick Tree Farm until payment is made in full in accordance with the terms listed, and where payment is made by cheque it shall not be treated as sufficient discharge until cleared.
- Upon delivery, the risk in the goods shall pass to the purchaser.
- The purchaser agrees to be liable for any Solicitor or debt Collection Agency costs incurred in the event of Blerick Tree Farm having to pursue any monies owed.
12. Other Warrant’s and Claims:
Many circumstances which are governed by forces beyond Blerick Tree Farm’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, often due to automatic watering system;
– 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;
– Mechanical damage;
– Allowing the root ball to dry out and become impermeable to water although surroundings soil is damp;
- Blerick Tree Farm 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 Blerick Tree Farm.