2020/2021 Season: Plant Supply Request for 2021 Delivery

2.3 All goods related risk passes to the purchaser upon loading of the goods for delivery and, subject to clause 1.9, goods which are not collected 1 month after being notified become the customer’s risk

2.4 It is the customer’s responsibility to inspect the goods upon arrival

2.5 To be valid, any claim for unacceptable quality must be communicated in writing within 48 hours of delivery

2.6 We retain property rights to all goods until paid for in full and reserve the right to enter premises and repossess goods unpaid for after the due date
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3.0 Limitation of Liability

3.1 If we supply goods which do not match those outlined in this contract our liability shall be limited to supply of replacement goods which do meet the criteria outlined in this contract

3.2 We shall not be liable for any delays or non-performance caused by factors reasonably beyond our control, i.e. disease, adverse weather or growing conditions, source material. Please note that whilst all care is taken we cannot guarantee that plants will be PSA free

3.3 We shall not be liable for loss of profits or any other form of consequential loss

3.4 Clause 3 survives cancellation and completion of this request

3.5 Southern Cross Horticulture Limited does not take any risk should its customers not acquire a Zespri Variety Licence. Southern Cross Horticulture Limited will make every attempt to find an alternative market for the customer’s plants but should this not be achieved by the end of July 2020 the plants will need to be collected and paid for in full.

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