Australian Citrus Propogation Association Inc

Terms and Conditions

1. These terms and conditions constitute a contract between Auscitrus and the Purchaser for the supply by Auscitrus to the Purchaser of the seed/budwood described in the order form and contract.

2. All orders should be received by the Auscitrus office at least one month before delivery is required.

3. Closing date for orders will be 30th April for seed, 31st July for Spring budwood supply, and 31st December for Summer/Autumn budwood supply.

4. In the event of a shortage, all orders will be filled on a percentage basis and no liability including liability for negligence will be accepted by Auscitrus for non compliance with an order.

5. The cost of seed/budwood is determined by Auscitrus. A minimum amount of $50.00 per order will be charged. Charges for packaging, freight and dispatch advice are additional to this cost.

6. Auscitrus is unable to warrant and does not represent or guarantee that the citrus seed/budwood it supplies to the Purchaser are true to type or free of pests or diseases. In respect of the seed/budwood supplied all conditions and warranties of fitness for purpose, of merchantable quality and of correspondence with description or sample whether express or implied and/or implied pursuant to the Sale of Goods Act 1923 are excluded from this Contract AND any liability of Auscitrus for tort including negligence, in the supply of seed/budwood pursuant to this Contract is also excluded.

7. To the extent that the law permits it to do so, Auscitrus hereby limits its liability for any breach of warranty contained or implied in this contract or such one or more of the following levels of liability as Auscitrus in its absolute discretion determines:(a) replacement of the seed/budwood or(b) payment in the manner of a refund of the price paid for the seed/budwood supplied.

8. The Purchaser acknowledges that Auscitrus hasn’t warranted or otherwise represented that the seed/budwood supplied is or will be pathogen free (whether or not any such pathogens are detectable at the time of supply) and releases and indemnifies Auscitrus, its agents, employees and servants from any and all liability in respect of the seed/budwood supplied whatsoever (including but not limited to any liability in respect of plants derived from the said seed/budwood) except to the extent that such liability results from the negligence of Auscitrus.

9. Where an order for seed/budwood has been placed by a Customer by electronic means, that Customer acknowledges that he/she is aware that these terms and conditions shall apply to the resultant contract with Auscitrus.

10. This contract is governed by the laws of New South Wales.

11. P1 Varieties

The P1 varieties have undergone limited or no horticultural evaluation in Australia and budwood is sourced from nursery rapid multiplication trees where fruit checks have not been carried out.

Cara Cara in particular is known as an unstable budline and may produce chimaeral fruit or leaves.

It must be understood that trueness-to-type of these varieties cannot be guaranteed at this stage.

By placing this order, the purchaser acknowledges that the Premium P1 budwood supplied by Auscitrus has not been evaluated in Australia, and may not be true to type.

The purchaser agrees not to use the plants produced from this budwood as a budwood source for further propagations.