Hanceys Turf Supplies - General Terms and Conditions of Sale

1. DEFINITIONS

1. "Supplier" means Hancey”s Turf Supplies, 2 Hart Rd Woodford 4514 Queensland.
2. "Purchaser" means the person, firm, corporation or body, including any party acting on their behalf purchasing Supplies or Services from the Supplier.
3. "Contract" means the contract for the sale of Supplies or Services formed by the acceptance of the order for the Supplies or Services.
4. "Supplies" are the products supplied to the Purchaser by the Supplier. For the purposes of these terms the word Goods shall have the same meaning as Supplies
5. "Services" are the Services provided to the Purchaser by the Supplier.
6. Words importing the singular number or plural numbers shall include the plural and the singular number respectively.
7. Words importing the masculine gender shall include the feminine gender and shall also have application to bodies corporate of every nature.
8. The covenants implied by law (statutory or otherwise) are not negated but shall be deemed to have been modified (where so permitted) to the extent that any inconsistency with the provisions hereof.
9. "Specific Terms" means any additional Terms and Conditions notified by the Supplier in writing to the Purchaser prior to acceptance of any order.

2. GENERAL

1. These conditions, which shall only be waived in writing by the Supplier, prevail over all conditions of the Purchaser's order to the extent of any inconsistency.

3. TERMS OF SALE

1. The Supplies and Services provided by the Supplier are sold and provided on these terms and conditions, which together with the invoice, attached schedules, Specific Terms (if any), Credit Application, Purchase Order and Trading Agreements approved in writing by the Supplier form the total agreement between the parties.

4. PAYMENT

1. Unless otherwise agreed by the Supplier all payments shall be strictly cash on delivery, pick up or completion of services.
2. If the purchaser fails to make payment due to the Supplier within any specified time, the Supplier reserves the right to charge the Purchaser for any money which may be overdue, at the rate of 4% above the rate for the time, being published by the National Australia Bank as the indicator rate for Commercial Mortgage overdrafts (or whatever the current lending package is known as at the time of default). Such interest to be calculated on daily balances outstanding from the date such money becomes due and payable until the date of payment.
3. The Supplier reserves the right to charge the Purchaser for any costs and expenses incurred by the Supplier in recovering any outstanding monies including but not limited to debt collection agency fees and legal costs.
4. Unless otherwise agreed in writing the Supplier will only accept payment by Bankcard, MasterCard or Visa if the amount owing as stated on the invoice, is paid in full on the date of invoice.

5. CLAIMS BY PURCHASER

1. Full particulars of any claim of the Purchaser must be given in writing to the Supplier as soon as practical after the event, due to the potentially perishable nature of the Supplies this shall be no later than 48 hours after the date of delivery.
2. If the Purchaser fails to give the particulars required by clause 5.1 the Purchaser forfeits all rights it may have under any contract with the Supplier or any Law in respect of the claim arising out of the event or circumstances to which the claim relates.

6. PALLETS

1. The supplier reserves the right to charge the Purchaser for any pallets lost, stolen, damaged, or otherwise not returned to the Supplier.

7. INDEMNITIES AND INSURANCE

1. The Purchaser must indemnify and keep indemnified the supplier and hold it harmless against all liability in respect of any actions, suits, proceedings, claims demands costs and expenses which may be taken, instituted or made against the Supplier arising from:
a. personal injury to or death of any person, or any injury or damage to property arising from the Purchasers storage, installation or other use of the supplies;
2. On completion of Delivery, the Purchaser is solely liable for loss or damage to:
a. The Supplies, including turf and pallets.

8. DELIVERY

1. The Delivery times of Purchases and completion time of Services made known to the Purchaser by the Supplier are estimated only, and the Supplier shall not be liable for losses or damages incurred by the Purchaser or the Purchaser's own customer for late delivery or non completion of Services due to circumstances beyond the reasonable control of the Supplier.
2. If the delivery address is not capable of receiving the Supplies, the Purchaser shall bare responsibility for any costs associated with damage done to the Delivery address or alternative Delivery locations.
3. The Supplier will obtain the signature of a person authorised to receive delivery of the Supplies at the time of delivery only if the order is placed in writing on and;
any Purchase Order received stipulates clearly the name of the person so authorised and that person is available at the time of delivery. If these conditions are not met the Supplier is not required to obtain a signature on delivery.
Should the Purchaser require the Supplier to deliver Purchases to an unattended site or place them in a specific location on site, this will be done so, at the Suppliers discretion only and at the Purchasers own risks and the Supplier hereby notifies that no liability is accepted for loss or damages in these circumstances.

9. FAST DELIVERY OR ITS FREE

1. The Supplier guarantees delivery withi 3 working days or delivery charge is free
2. For the Purchaser to claim free delivery the order my be made by either phone, email, web, or fax
3. Weather must also be fine at Thes suppliers turf farm for the 3 day period to allow service of orders
4. Working days mean Monday to Frida
5. Delivery area must be within our South- East QLD service which includes Gympie, Gold Coast, Sunshine Coast, Brisbane, Ipswich and Kingaroy
6. Turf Quantity must be a minimum of 100 sqm and maximum of 1200 sqm
7. Does not include jobs which need preparation and or installation
8. Is Turf supply and delivery only

10. TITLE

1. Irrespective of whether the Supplies have been laid or are stacked at the Delivery Address the supplier reserves the right to retake the Supplies in the event that the Purchaser fails to pay by the due date.
2. Any costs associated with the retaking possession of the Supplies shall be borne by the Purchaser.

11. PRICING

1. Prices are subject to change without notice unless otherwise specified in writing.

12. Warranty

The Supplierwill provide replacement sod at no charge as needed to replace any dead areas of a Hanceys TurfLawn within one year of installation.

The following conditions will apply:
1. Lawn owner must demonstrate that he has made a reasonable effort to care for the lawn properly in terms of installation, watering, fertilizing, and mowing. Fertilizing with Hanceys Turf Fertilizer and use of Hanceys turf Water Crystals
2. Lawn owner must notify Southland Sod within 10 days of the first appearance of dead lawn areas.
3. Lawns without a permanent underground irrigation system will not qualify. An automatic controller is recommended.
4. Lawns in shaded areas limiting more than 50% of sunlight will not qualify.
5. Lawn areas burned by pet urine, or improper application of fertilizers or chemicals will not qualify.
6. Lawn areas that have been previously replaced under this guarantee will not qualify.

This guarantee is limited to supplying replacement sod only. No labor charges, pesticide treatments, delivery, or other costs are covered.
How to Make a Claim:
When brown areas begin to appear call for advice. We will go through a series of diagnostic questions by phone (we cannot make service calls) to identify the cause of turffailure and offer a recommendation for correcting the problem. This may include changing your irrigation schedule, applying a fungicide, adding a sprinkler, etc. You will be required to implement the recommendation and allow at least two weeks to verify its success before replacement sod can be arranged.
Once the problem has been solved call our customer service representative to schedule the replacement sod. We will arrange a date to add your replacement sod at no charge to the regular deliveries going to your areas.

13. Returns and Cancellation Policy

1. Cancellation of orders
a. Orders can be cancelled up to 4 pm two working days before the day selected by a customer for delivery. The Supplier will refund the customer for the order price paid in full, less an administration charge of 5%.
b. If a customer wishes to cancel an order before the day and time agreed for delivery but with less than two working days’ notice, The Supplier will try to prevent delivery of turf or other products to the customer. A refund will be made to the customer but less any costs incurred by The Supplier in trying to satisfy the customer’s order prior to cancellation.
Customers should note that the products remain their responsibility until they are received back by The Supplier.
d. Turf received by the customer as ordered and in good condition can not be returned by the customer to The Supplier for a refund. This is because the short “shelf life” of turf would make the product unsuitable for resale by The Supplier.

2. Return of defective or damaged products
a. If a customer receives turf, topsoil or lawn products which are not as ordered or are defective or in any way damaged, then the customer should contact The Supplier to arrange to return the goods, if appropriate, and to receive a refund or replacement. Contact should be made within 3 days of receipt of turf and within 7 days for any other product.
b. If turf received is not satisfactory, the company may not require the turf to be returned but may ask for a photograph to be provided to show the condition of the turf on receipt.