Terms & Conditions

We recommend that you read our terms of sale before you place your order with us. By placing the order and/or by paying (deposit/partial/full amount) on our invoice you accept our standard terms below.

TERMS OF TRADING

These Terms of Trading regulate the way The Plant Biotech will supply goods on credit to the Customer. The Customer must comply with the terms in relation to supplies of the goods made on credit by The Plant Biotech to the Customer.
The customer is not entitled to any credit facilities from The Plant Biotech until it receives a written notice from The Plant Biotech that the credit facilities have been granted. Until the Customer receives a notice that credit facilities have been granted, all goods supplied by The Plant Biotech to the Customer must be pre-paid at the time of order by the Customer.
Any credit provided to the Customer is solely for the purpose of allowing the Customer to purchase the goods from The Plant Biotech.
The Customer agrees to adhere to the following terms and conditions of these Terms of Trading:

      CREDIT

1. The Customer hereby warrants that the information comprised in the Credit Application is true, complete, accurate and correct, and is supplied for the purpose of obtaining commercial credit.
2. The Customer warrants that the persons’ signatures appearing on this Credit Application are duly authorised by the Customer to apply for credit and execute this Credit Application and Terms of Trading.
3. The Customer declares and warrants that as at the date of this Application, the Customer is solvent and able to pay it accounts according to normal trading terms.
4. Notwithstanding any implication of law to the contrary, all contracts between the Customer and the laws and by mutual consent to be subjected to the jurisdiction of the State of Queensland.
5. All accounts are to be settled in full within 7 or 30 days of the date of the invoice (depending on the options chosen in the credit application) or as otherwise specified by The Plant Biotech.Accounts in dispute after the due date may be turned over to a debt collection agency and will become “no-sale”. The customer would be liable to pay all costs incurred in the collection of the debt.
   SHIPPING
6. The Plant Biotech is committed to shipping the plants by the most effective and efficient method available. We chose from Aramex, Phoenix, Star Track, TNT and Australia Post.
7. All orders are shipped at customer’s risk. All shipments become the property of the purchaser when the carrier picks up the order. The purchaser must file any claim for transportation damage with the carrier.
8. All plants are carefully packed & inspected prior to shipment. Once they leave our premises we no longer have control of how the material will be handled. Rough handling may cause plants to be dislodged from containers during shipment. Some of the plants are extremely fast growing and forgiving. There may be some minor damage to the leaves during the packing and shipping process. The plants will respond rapidly upon planting.
9. Plants in cartons travel by road to many parts of Australia. Plants may expose to heat during hot weather. In the even of any damage/wilting of plants due to excessive heat, please contact courier for any claim. If you are concerned, please organise your own courier or take an extra cover/ insurance for peace of mind.
10. In the event of any breakage of flasks or plants turning brown/disintegrated due to heat (when not opted for Styrofoam), please bring this up with the courier and not the TC lab. If you are concerned about plants may get hot during transit during hot weather, you may opt for Styrofoam carton which will cost extra $25.00 per carton. You will still need to pay the full invoice amount in this case since the transport damage is beyond our control. Saying that, we will try and be as accommodating and fair as possible.
11. In case of overseas or WA/TAS, the customer is responsible to clear plants at his border.
    CLAIMS
12. All plant material should be unpacked and inspected immediately upon arrival.
13. We strive to send you healthy rooted plants full of vigour. They will perform best and get the best start if planted immediately (within two days of receiving them). It has come to our notice that some growers put their tc plants in rooms at 25 deg C (which is ideal), but with insufficient light (plants need 60-100 mmol/m2s1 PAR -photosynthetically active radiation). Some growers put their tc plants for longer periods in a cold room (less than 25 deg C), where there is insufficient light and the temperature is too cold for the plants to maintain their vigour and vitality. TC plants can deteriorate under such conditions. Quality and quantity of light, as well as temperature, are all equally important for healthy growth of plants, esp tc plants.
14. Exposing TC plants to these less than optimum preconditions just before deflasking will greatly (and adversely) affect their survival when deflasked. We do not take responsibility for plant mortality if brought to our notice more than a week after receiving them.
15. The Plant Biotech must be notified within 48 hours of receipt of plants if a claim is to be honoured by us. If you are not satisfied with the plants and are requesting a credit, we may ask you to return the plants to The Plant Biotech and we will pay the freight charge on the returned plants. Short count claims must be made within 48 hours after receipt of plants. All claims must be substantiated within photographs which show the reason for the claim and must be supplied within the 48 hour of receipt of plants to [email protected]
    LIMIT OF LIABILITY
16. The Plant Biotech strives to produce the highest quality material that is true-to-type (except in case of variegated plants where a prior written arrangement is established). In case of unsure varieties with respect to variegation, we strongly recommend to carry out a trial batch before placing an order.
17. Morphological variation may occur even in the plants of established varieties propagated by tc due to nursery practices, light intensity, pH of soil or potting mix, geographic location, weather etc.  The Plant Biotech gives no further warranty, express or implied, and all other or further warranties, including any warranties of merchantability or fitness for a particular purpose are excluded. The Plant Biotech shall not be responsible for loss of any product, profit or any other indirect special or consequential damages.
18. We propagate our plants material using customer’s starting material. Whenever we purchase starting material from the open market, we rely on the accuracy of the variety name provided by supplier. No liability will be accepted by The Plant Biotech or its Directors for any accuracy of the information provided. In the event that any stock is proven to be untrue to its name as labelled, our liability is limited to replacing the material free-of-charge or refunding the purchase price. We will not be liable for more than the actual purchase price of the plant material.
    CANCELLATION POLICY
19. Pre-ordered tissue culture plants may be cancelled giving sufficient prior notice. 8 weeks’ notice prior to shipping needs to be received in order for cancellations to be accepted. Failing which the invoice will be raised and send it across to the customer.
    PRIVACY POLICY
20. Any information you provide to us either through this website or otherwise, will be used only for facilitating effective transactions between us (that is, you, the customer, and us, The Plant Biotech Pty. Ltd.). We will not intentionally disclose or share any information with a third party without your consent.
21. The Plant Biotech returns/refund policy on unsold stock does not apply to any accounts that have at any stage gone past the 30-day payment terms.
    GENERAL
22. If the Customer defaults in the payment of the monies due, then all monies due to The Plant Biotech shall immediately become due and payable and shall be paid by the Customer within 7 days of the date of demand. The Plant Biotech is entitled to charge interest on all amounts not paid by the due date for payment and the Customer undertakes to pay any interest charged on unpaid amounts. Such interest shall be calculated on a daily basis from the due date for payment until the date The Plant Biotech receives payment at a rate up to but not exceeding 2% per month. Any expenses, costs or disbursements incurred by The Plant Biotech in recovering any outstanding monies including Debt Recoveries Australia’s debt collection agency fees, other mercantile agency fees and/or solicitor’s costs will be paid by the Customer provided that those fees do not exceed the scale charges as charged by that debt collection agency/solicitor.
23. The Plant Biotech shall be entitled without notice to terminate any credit arrangement with the Customer in the event of the Customer defaulting on any of these Terms of Trading.
24. The Plant Biotech may from time to time place a limit on the amount of credit available to the Customer and may also amend that limit from time to time.
25. The Plant Biotech shall be entitled at any stage to require such security or additional security as The Plant Biotech shall in its discretion think fit and shall be entitled to withhold supply of any goods or credit arrangements until such security or additional security is provided or for any other reason at The Plant Biotech’s discretion.
26. Risk in the goods passes to the Customer on delivery by The Plant Biotech.
27. Title to the goods does not pass to the Customer until all monies owed by the Customer to The Plant Biotech on any account have been paid. Until full payment is received, the Customer will be the Bailee of the goods in its possession and title to the goods will remain with The Plant Biotech. The goods in the Customer’s possession must be clearly identifiable as the property of The Plant Biotech. The Customer may sell the goods in the ordinary course of its business but does so as fiduciary agent of The Plant Biotech. If the Customer fails to pay any debt due to The Plant Biotech by the date for payment, The Plant Biotech may retake possession of the goods. All costs of such repossession of goods by The Plant Biotech will be payable by the Customer. Such rights shall be without prejudice to The Plant Biotech’s right to claim damages from the Customer for breach of contract. The Customer irrevocably authorises The Plant Biotech and its servants and agents to enter upon the Customer’s premises without notice at any time, for purposes of examination or recovery of the goods.
28. The Customer shall indemnify The Plant Biotech against any loss or expense, including debt collection costs arising from the Customer breaching these Terms of Trading on a full indemnity basis.
29. These Terms of Trading shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the Customer or the liabilities imposed upon The Plant Biotech by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusions, limitation, restriction, or modification.
30. If any of these Terms of Trading is or becomes for any reason wholly or partly invalid, that term shall to the extent of the invalidity to be written down to maintain its intended purpose where permissible by law or severed without prejudice to the continuing force and validity of the remaining terms.
31. If the Customer is acting as a trustee, (Whether disclosed or not) the Customer acknowledges that the trustee shall be liable on the account and that in addition the assets of the trust shall be available to meet payment of the account and a copy of the Trust Deed shall be provided upon demand.
32. The Customer must notify The Plant Biotech at least 14 days prior to any proposed changes of ownership, change in registered particulars, alteration, addition to shareholding or directorship, application for winding up or liquidation and any other change, alteration or addition to the Customer’s internal structure. The Customer must provide The Plant Biotech with full details of the proposed change, alteration or addition. The Plant Biotech may in its absolute discretion require security or additional security as The Plant Biotech in its discretion think fit and shall be entitled to withhold supply of any goods or credit arrangements until such security or additional security is provided. If the Customer does not notify The Plant Biotech of a proposed change, The Plant Biotech may rely on any directors/proprietors’ personal guarantees provided and such personal guarantees are not affected nor released or discharged by the change and such directors/proprietors will remain liable under the personal guarantee unless otherwise specifically release from the guarantee by consent in writing.
33. The Customer acknowledges that the Privacy Act 1988 allows Plant Biotech to give a credit reporting agency certain personal information about the Customer. The information which may be given to an agency is referred to in the Act and includes: particulars to identify the Customer; the fact that the Customer has applied for credit and the amount; the fact that The Plant Biotech is a credit provider to the Customer; payments which become overdue more than 60 days, advice that payments are no longer overdue; cheques of $100 or more drawn by the Customer which a Bank has dishonoured more than once; in specified circumstances, that in the opinion of The Plant Biotech, the Customer has committed a serious credit infringement; that the credit provided to the Customer by The Plant Biotech has been discharged.
34. To enable The Plant Biotech to assess the Customer’s Credit Application, the Customer authorises The Plant Biotech as follows:
    i) If asked to provide commercial credit, obtain from a credit reporting agency a credit report containing personal credit information about the Customer.
    ii) If asked to provide a personal credit, to use a credit report containing information about the Customer’s commercial activities or commercial creditworthiness from a business that provides information about the commercial creditworthiness of a person. This is in accordance with the Act.
35. The Customer acknowledges and agrees that The Plant Biotech is entitled to undertake all necessary enquiries, investigations, and assessments to ensure the accuracy of the information provided in the Credit Application, and further, that such information, as verified, may be used by The Plant Biotech, and any authorised agent, employee, or subcontractor engaged by The Plant Biotech, for the purpose of reviewing, vetting, monitoring, and if necessary, actioning the Customer’s use and performance the operation of the credit facility, including recovery of any outstanding account balance.
36. Each of the Director’s/Proprietor’s guarantees shall be a continuing guarantee to The Plant Biotech for all debts whatsoever and where so contacted by the Customer with The Plant Biotech in respect of goods supplied or to be supplied. The Plant Biotech may exercise its rights under any such guarantee without first having recourse to the Customer
37. The Plant Biotech may vary these terms at any time by giving 7 days’ notice to the Customer in writing specifying the variation.