Terms
of Business
GENERAL
INFORMATION APPLICABLE TO INTERNATIONAL PALM SALES:
1 The Business Terms and Conditions of Sale as stated herein
are applicable to foreign Customers and exports from South
Africa only
2 Palm sales involving South African buyers and payments are
handled by our sister company, Plantworld (Pty) Ltd - please
visit www.plantworld.co.za for the applicable Business Terms
and Conditions of Sale
3 Where Quantities and heights are shown, such information
is only approximate
4 Apart from the enormity of the task, palm growth and sales
make the regular provision of accurate quantities at each
specified height impractical
5 Where a potential Customer is interested in a specific species,
height and quantity, availability of the Customer's requirements
will be determined and confirmed on written request
6 Please note that all our palm measurements are provided
on a 'full palm height basis' only, measured according to
the specifications as set out by The American Standard for
Nursery Stock, in terms of “American National Standards
Institute (ANSI) Z60.1, Section 1.4 Palms", which states:
'in size-grading of palm trees, overall height shall take
precedence'. 'Overall height' is defined as being 'the perpendicular
height from the ground, which should be at or near the top
of the root zone or soil surface to the top of the arc made
by the uppermost arching frond, with the tree standing in
its natural position'.
7 Visits to our Umvoti Palm Farms are subject to prior appointment
BUSINESS TERMS AND CONDITIONS OF SALE:
1 All pricing quoted is in US $, and exclusive of South African
VAT, for collection by the Customer from the respective loading
areas of our Umvoti Palm Farms near Stanger, KwaZulu-Natal,
South Africa
2 Volume discounts are applicable, and will be stated and
agreed to as such in a Written Quotation or in a signed agreement
between Specimen Palms (Pty) Ltd and the Customer
3 All palms are field-grown and can be either ex open ground,
or ex trenched, or ex gro-bags
4 Palms are sold on a 'full height' basis only - see definition
above. Measurements relating to 'clear trunk', 'trunk height',
'crownshaft height', 'trunk/caliper diameter', 'leaf span',
etc, will only be provided on receipt of a firm order.
5 Photographs of our palms can be viewed and downloaded from
our website
6 Final palm height measurement will be done at the time of
palm removal from open ground
7 All palms will be tagged and marked with the species and
full height at the time of removal
8 Palm Price Lists, palm detail lists showing quantities and
heights, and our Business Terms and Conditions of Sale are
subject to change without prior notice
9 Where a Customer wishes to procure palms, a written quotation
showing full palm details as to species, height, quantities,
pricing and Business Terms and Conditions of Sale, valid for
a fixed time period,
will be given to the Customer
10 Palms will only be reserved for the Customer on receipt
of acceptance of the Specimen Palms (Pty) Ltd Written Quotation,
as well as receipt of a valid Import Permit, setting out the
phytosanitary requirements of the
importing country
11 Palms can be viewed, selected and tagged by the Customer
prior to removal of the palms from open ground
12 Palms will only be removed from open ground once payment
has been received in full and the funds have been cleared
and released by Plantworld's bank
13 The availability date of the palms will be mutually agreed
and will at all times be subject to change due to weather
conditions
14 The Customer is encouraged to physically select and mark
the palms required.
15 Acceptance, risk and ownership will pass to the Customer
on commencement of loading of the palms
16 Where the Customer appoints an agent or representative
to act on the Customer's behalf, the Customer, in doing so,
confirms that the person so instructed, appointed or allocated
by the Customer to act on the
Customer's behalf, is fully qualified and duly authorised
to do so
17 Orders received from the Customer are accepted subject
to written confirmation and qualification, where applicable
18 Pricing includes:
18.1 Palm removal from the ground
18.2 Phytosanitary preparation of palms
18.3 Obtaining of phytosanitary
certificates
18.4 Wrapping of root balls
18.5 Loading of the palms onto transport trucks or into open-top
containers
19 Due to the current price volatility of diesel, pricing
excludes the road transport of the palms to the point of departure
from South Africa
20 Quotations can be provided for:
20.1 Road transport to the point of departure from South Africa
(closest points being Durban Harbour and Durban International
Airport - each being approximately 80kms from the farms)
20.3 Sea or air transportation charges to the Customer's requested
point of arrival in the destination country (harbour or airport)
21 As palm survival and transplant success is dependent on
treatment and care given by the Customer, no guarantees are
given for the palms once they have been loaded
22 No warranties or guarantees are given, express or implied,
verbally or in writing, as to the species' suitability for
the Customer's geographic, climatic or soil requirements,
or as to salt tolerance, drought resistance, or rate of growth,
or any other Customer requirement
23 Specimen Palms (Pty) Ltd cannot be held liable for any
damages or losses, direct, indirect, consequential or otherwise,
resulting from the acceptance of a Customer order, or from
the delivery of an order to the Customer,
timeous or otherwise
24 All transactions entered into between Specimen Palms (Pty)
Ltd and the Customer shall be governed by the laws of the
Republic of South Africa
25 The Customer's domicilium citandi et executandi shall be
the normal physical address of the Customer, from where the
Customer conducts his business
|