Full terms and conditions are specified in individual supply partner licence and agency agreement and Nursery Traders terms and conditions of sale of products.
Refer: https://www.nurserytraders.com.au/content/documents/forms/Terms_and_Conditions_Of_Sale_Of_Products.pdf
Nursery Traders grants supply partner an agreed area (herein known as stand) to showcase product for sale and appoints Nursery Traders as its agent for the wholesale of products.
Agreed stand area is not considered as a fixed physical space in market, it is the square metre area assigned to display your stock. Nursery Traders has the discretion to move all or part of stand, as such will advise Supply Partner in writing of any such intention.
Supply Partner must strictly adhere to stand allocation area size, and keep full at all times with agreed product range. Nursery Traders reserves the right to utilise unused space after 48 hours.
Only Supply Partner, it’s employees and Nursery Traders approved contractors can enter premises (strictly no outside customers of Supply Partner).
Supply Partner advises of cost price of product which is to include freight cost, and Nursery Traders is entitled to a commission on sales made as a selling agent.
Nursery Traders will conduct periodic reviews of stand to ensure that stock is supplied as per agreement. If agreement terms are not met resulting in Nursery traders losing revenue, Nursery traders has the right to re-negotiate agreed terms including space allocation, or cancel agreement providing Supply Partner with a minimum 14 days’ written notice to collect stock at Supply Partner expense if deemed cancelled.
Supply Partner must provide written notification if agreement is to be cancelled, providing reason and a minimum of 30 days’ notice to Nursery Traders and accepts that administrative costs may apply.
Nursery Traders accepts liability for any loss of stock resulting from Nursery Traders direct negligence. Supply Partner accepts liability for damage caused by way of natural weather events, pest and disease, theft, or natural deterioration of stock due to time, growth habit and product variety. Supply Partner acknowledges liability if damage is incurred by Supply Partner actions to Nursery Traders property, equipment, personnel or other.
Supply Partner agrees that products may be sold under the name or description they bear, without contravening any Relevant Law ie; ‘Plant Breeders Rights Act’ or trademark protection laws.
Supply Partner may not erect display signs or business name on products unless otherwise agreed with Nursery Traders in writing.
Supply Partner authorises Nursery Traders to apply appropriate chemical treatment to protect their and other products from disease and pests where necessary. Supply Partner can not apply chemical treatment to stand unless pre-approved with Nursery Traders in writing.
Supply Partner agrees to ensure that they keep stand in a clean and tidy fashion and products presented to promote sales at all times.
Supply Partner agrees to abide by Class Act Conduct Charter, which in short is to act respectfully and professionally at all times, and abide by all relevant and appropriate business policies & by-laws as advised by Nursery Traders.
Supply Partner will ensure they hold a valid public liability risk policy during the term of the agreement.
