Plants for Spaces Pty Ltd ACN 138 348 517 (the Company) will deliver the product to the address specified by the buyer, provided that address is within Australia. The Company will use Couriers experienced in the transport of Greenlife products to ensure that goods are packaged and shipped in a reasonable time. The Company will advise the Customer of an estimated time of delivery only, due to the variable nature of transport such as traffic, weather, accessibility to site etc. The Company will advise of any foreseeable delays but cannot be held responsible for costs associated with delays.
1.1 If the Buyer requests that the Products are to be delivered:
(a) The Company will endeavour to deliver the Products or otherwise complete the Contract within the time agreed or within a reasonable time (in the absence of agreement).
(b) The Company will deliver the Products to the address specified by the Buyer in the relevant order, provided that address is within Australia. The Buyer is responsible for all freight costs.
(c) It is the Buyer’s responsibility to ensure:
(i) it is able to accept delivery;
(ii) there is adequate access to the premises where the Products are to be delivered; and
(iii) the Products are properly cared for after delivery, including in particular in respect of living products (plants and trees), that they are stored, planted, fertilized and watered in accordance with recommended practice for the specific product type.
(d) If the Buyer, or someone authorised by the Buyer, is not available to accept delivery or if as a result of inadequate access for any reason the Company is unable to deliver the Products, the Buyer will be required to pay a further delivery charge before any further attempt to deliver the Products is made.
(e) The Company will use couriers experienced in the transport of living products to deliver the Products, as relevant.
(f) The failure of the Company to deliver the Products by the date specified in the order does not entitle either party to treat an order or the Contract as repudiated.
(g) Delivery of the Products to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of these Terms.
(h) The Buyer acknowledges and agrees that moving any living products from the delivery location creates a higher risk that those products will not survive (or will not grow as desired once they are potted or planted). The Buyer takes full responsibility for the transport of any Products once delivered to the delivery location.
(i) Except where the Company’s liability may not be excluded under the Australian Consumer Law, the Company is not liable for any Loss due to the failure by the Company to deliver the Products (or any of them) promptly or at all, other than to refund any Price paid by the Buyer where the Products are not delivered at all.
(j) The Company’s obligations under an order will be deemed complete when the Products are delivered to the Buyer’s Delivery Location. Risk in the Products passes to the Buyer upon the Products being delivered at the Delivery Location.
(k) The Buyer shall be liable for reasonable costs associated with storage of the Products between the agreed delivery time and the actual delivery time where the delay is not caused by the Company. The Buyer acknowledges that storage of living products may impact their lifespan, quality and growth, and accepts this risk.