Terms and Conditions

TERMS AND CONDITIONS OF SUPPLY: 

1.      DISEASE AND RELATED MATTERS

1.1           RVIC may from time to time use experienced staff to visually inspect Source Blocks to identify obvious virus symptoms and insects, prior to certification in clauses 1.2 and 1.3.

1.2           Where the material has been certified by a third party:

1.2.1           Certification is reliant upon diagnostics provided by third parties.

1.2.2           Certification is given by that third party only, and is only reliable to the extent that:

·         The third party’s such diagnostics are accurate (and a negative result may still mean that disease, virus, or other defect is present but has not been detected); and 

·         It uses the then-currently available diagnostics and scientific knowledge. 

1.3           RVIC may from time to time use experienced staff to meet the overarching certification scheme operated by VINA (under which RVIC as a member currently operates), or any replacement of that scheme from time to time.

1.4           As a result of clauses 1.1 to 1.3, and to the extent permitted by law:

1.4.1           RVIC does not represent, guarantee, or warrant that the material is free of disease, virus, or defect.

1.4.2           Certification and testing is not a representation, guarantee or warranty that the material is free of disease, virus, or defect.

1.4.3           From time to time, material may have naturally occurring latent or other defects that, despite certification and testing, may not be prevented or detected.

1.4.4           RVIC does not represent, guarantee, or warrant that any particular or expected yield can be produced from the material, nor any other performance of the material.

2.      QUALITY 

2.1           It is the customer’s obligation to inspect all material upon collection or delivery. The customer agrees to notify RVIC in writing of any unacceptable quality or short delivery within 5 days of collection or delivery.

2.2           Subject to a claim being verified, the RVIC agrees to replace cuttings that are:

2.2.1           Short supplied when advised in writing within 5 days of collection or delivery: or

2.2.2           Not true to variety when advised in writing within twelve (12) months of collection or delivery.

(It may be necessary to wait until the following planting season for replacement cuttings)

2.3           In the event that ‘A’ class material is unavailable, and the customer has not specified otherwise on their order form, the customer agrees to accept ‘B’ Class material. 

2.4           The customer acknowledges that seasonal and Source Block conditions beyond RVIC’s control may impact on material performance.

3.      PAYMENTS

3.1           All orders are subject to RVIC’s acceptance (including availability and confirmation of the order price).

3.2           Except as set out in clause 4.1, the customer agrees to pay for all ordered material. 

3.3           The customer agrees to arrange and pay for any necessary pre shipment approvals.

3.4           The customer agrees to pay for all applicable plant health inspection fees. 

3.5           The customer agrees to pay for all applicable freight costs. 

4.      PAYMENT TERMS 

4.1           The customer cannot cancel their order after their vine material has been harvested from Source Blocks. The customer agrees to pay in full for the material even though it may no longer be required, unless the RVIC can find an alternative customer at the same price. 

4.2           The customer will pay the full balance on receipt of the vine material unless otherwise arranged. 

4.3           Outstanding accounts are all accounts that are not paid within 14 days of invoice of goods.

4.4           A monthly fee of $20 will be charged on overdue accounts.  

5         RISK AND TITLE

5.1           All material remains owned by and the property of the RVIC, and ownership and title does not transfer until payment is received in full.  

5.2           Risk in the material (including the risk of loss or damage) transfers to the customer when the material is collected by the customer, placed in cold storage, or dispatched to/collected by a freight operator. As a result, the customer may consider insuring the material from this point. 

6         LIABILITY

6.1    This clause 6 is always subject to any law which cannot be limited or excluded by these terms, and these terms are not intended to limit or exclude that law.

6.2    To the extent permitted by law: 

•       RVIC excludes all warranties, guarantees, and other terms which are not expressly set out in this agreement.

•       RVIC does not accept liability for any indirect or consequential loss, damage, cost or expense (including lost revenue or profit, wasted expenditure, business interruption, goodwill or opportunity);

•       RVIC does not accept liability for loss, damage, cost or expense to the extent caused by or contributed to by you, or events which are out of the RVIC’s control; and

•       RVIC does not accept liability for any loss, damage, cost or expense (including negligence) in connection with this agreement, except to the extent that such liability may not lawfully be limited or excluded. Where RVIC cannot by law exclude such liability, the RVIC’s total aggregate liability to the customer (including negligence) will be limited to, in relation to goods, the replacement of the material, or, in relation to services, the re-supply of those services or paying the cost of the re-supply of those services.

7         LAW

The laws of the State of South Australia, Australia apply. If any clause in this agreement is invalid or unenforceable, those clauses will be severed and the remaining clauses will be preserved. Clauses 6 and 7 survive the termination or expiry of this agreement (for example, where RVIC has completed the order).