Catalogue

Terms of trade

Business hours

Monday to Friday, 8:00 am to 4:30 pm.

There is email and fax reception at all times.
Please leave your name and number and we will get back to you.

Prices

All prices are in NZ dollars and unless otherwise stated all prices include GST.

Our minimum sale quantity for P.radiata is 30 gm but we also sell $12 sample packets of most other species which contain 1-3 grams of seed (about half a teaspoon). The amount of seed will vary with species.

Please contact us to discuss competitive discounts on prices for large orders.

Orders

You can send orders by post, fax or email. Please use botanical names when ordering, and where applicable specify special seedlots (seed stand, seed orchard, and varieties).
If you cannot find what you want, please call us and inquire about availability.
We endeavour to source other species for customers when it is possible to do so.

Despatch

Unless instructed otherwise, orders will be despatched as soon as possible.

Ownership and responsibility passes to the buyer on receipt of goods.

Postage, freight and documentation charges for orders are additional to listed seed prices.

Terms

Please forward payment with your order. We accept Visa, Mastercard and Maestro. For customers with approved credit, payment is due 20th month following invoice date. Please contact us if you wish to pay by direct credit to our bank account.

Interest will be charged at 2% per month on overdue accounts.

Any undisputed accounts collected by a debt collection agency will also attract all collection fees including the debt collection agency's commission fees.

Non warranty

We give no warranty, expressed or implied, as to the productiveness, or description of any seeds and will not in any way be responsible for the resultant crop, except any liability which arises from the statutory guarantees under the NZ Consumer Guarantees Act 1993 in respect of non-business customers.

Businesses which purchase seed from us are deemed to have acknowledged that the seed is being purchased for business purposes.

Personal Property Securities Act 1999

In an increasingly difficult business world we have been advised we should protect our interests in the event that a purchaser has difficulty making payment.

Therefore, using provisions of the Personal Property Securities Act we reserve the right to register an interest in any unsown seed supplied by us or seedlings grown from seed supplied by us until such time as the account is paid. (For further background go to www.ppsr.govt.nz or contact Shaf.)

We do not expect to have to do this in any but the most exceptional cases, but we ask that you be aware of the implications of this:

Interpretation

Unless the context otherwise requires, terms and expressions in these Terms of Trade which are defined in the Personal roperty Securities Act 1999 ("PPSA") shall have the same meaning in these Terms of Trade as in the PPSA and references to the goods includes references to any one of them.

For the purposes of these Terms of Trade "Goods" means:

all unsown seed supplied by us to you; and
all seedlings grown from such seeds.

Security Interest

You grant us a security interest in in the Goods as security for all amounts owing by you to us and the performance of your obligations under these Terms of Trade.

You shall ensure that you are always able to identify:

the Goods from any other goods that may be in your possession: and
the particular Goods to which any invoice relates.

Retention of Title

Title to any particular Goods shall remain with us until there are no longer any amounts owing to us in respect of those Goods.

Until title to any particular Goods passes to you, you shall:

return those Goods to us on request; and
deposit any cash proceeds of those Goods for us in a separate account named the "Proseed New Zealand Limited Proceeds Account" and notify the bank where that account is held of our interest in the moneys in that account.

Even though title to any particular Goods remains with us, you may sell those Goods on your own account provided that:

any such sale is in the ordinary course of your business, is conducted at arms length and is for the full market value of those Goods; and
we have not requested the return of those Goods.

Nothing in these Terms of Trade shall entitle you to return the Goods unless we have requested that the Goods be returned.

Risk and Insurance

The Goods shall be at your risk from delivery (whether to you or another person on your behalf) and you shall insure the Goods for their full replacement value.

Enforcement

If you fail to comply with any terms of these Terms of Trade or any other agreement between us we or our agent may, in addition to any other rights or remedies we or our agent may have at law(including under any statute):

enter any land or building owned, or occupied, or used by you, to search for and retake possession of the Goods;
wrench, undercut and lift out any Goods attached to your land; and
refuse to supply any further Goods under these Terms of Trade.

Change of Name

You agree that you will not without first giving us 15 business days notice change your name.

Costs

You agree to pay all costs and expenses we might incur in relation to compliance with any demand made by you under section 162 of the PPSA or in relation to any application for, or obtaining of, a Court Order to maintain any registration in respect of the security interests created by these Terms of Trade and the serving of any such Court Order on you or the Registrar of Prsonal Property Securities.

» Proseed deems placement of an order as acceptance these terms.