Terms & Conditions

1. General

All plants supplied by Bert’s Berry Farm are subject to the following Terms and Conditions (T&Cs). These T&Cs apply to all quotations, orders, agreements, deliveries, and transactions between Bert’s Berry Farm and the buyer.

By signing the order confirmation, or by placing an order with Bert’s Berry Farm (whether verbally, in writing, electronically, or by accepting delivery of plants), the buyer agrees unconditionally to all terms outlined in this document.

No other terms or conditions (including any terms proposed by the buyer) will apply unless expressly agreed in writing and signed by an authorised representative of Bert’s Berry Farm.

These T&Cs supersede any prior representations, discussions, or agreements unless confirmed in writing.

2. Plant Treatments

All mother plants are routinely put through a plant sauna treatment as part of Bert’s Berry Farm’s standard production process. This is carried out at no additional cost to the buyer.

If the buyer requests an additional plant sauna treatment to be carried out on propagation material prior to delivery, this must be agreed in writing between the buyer and Bert’s Berry Farm before commencement. Additional charges will apply and will be invoiced separately.

Cold treatment is applied as standard to all propagation material prior to delivery. If the buyer does not wish to receive cold treatment, this must be communicated to Bert’s Berry Farm in writing prior to commencement. Bert’s Berry Farm reserves the right to decline an opt-out request if it is not operationally feasible.

While Bert’s Berry Farm follows industry-standard treatment protocols, no warranty or guarantee is given that any treatment will completely eliminate all pests, pathogens, or diseases. The buyer acknowledges that biological processes carry inherent variability and risk.

3. Delivery Dates

All delivery dates provided by Bert’s Berry Farm are estimates only. Delivery timing may be affected by, but is not limited to:

• Propagation timing and plant development rates
• Weather and seasonal conditions
• Labour availability
• Biosecurity requirements, restrictions, or inspections
• Supply chain disruptions
• Force majeure events (see clause 16)

The final confirmed delivery date will be communicated to the buyer closer to dispatch. Bert’s Berry Farm will endeavour to provide reasonable notice of any changes.

Bert’s Berry Farm shall not be liable for any loss, damage, or expense arising from delays in delivery where such delay is caused by circumstances outside Bert’s Berry Farm’s reasonable control.

4. Delivery Terms

Unless otherwise agreed in writing, all deliveries are on an Ex Works (EXW) basis from Bert’s Berry Farm’s premises. Risk and responsibility for plants transfers to the buyer from the point of dispatch or collection, including responsibility for:

• Transport and logistics
• Insurance of the consignment
• Storage prior to planting
• Handling and temperature management in transit
• Risk of loss, deterioration, or damage

For international shipments, risk transfers to the buyer upon dispatch from Bert’s Berry Farm or handover to the designated freight carrier, whichever occurs first, unless otherwise agreed in writing.

If the buyer delays collection or acceptance of delivery beyond the agreed timeframe, all risks including plant quality deterioration, storage losses, reduced performance, and plant stress become the sole responsibility of the buyer from the time of that agreed date. Any additional costs arising from delayed collection, extended storage, or re-delivery may be charged to the buyer.

5. Payment Terms

Payment is due in instalments as set out in the order form for each order, typically structured as a series of deposits followed by a final payment on collection or delivery. The applicable percentages and due dates will be specified on the order form provided to the buyer at the time of ordering.

The final payment invoice will include all applicable charges including royalties, levies, transport, FCC crates, pallets, packaging, and any other agreed charges.

Orders are only confirmed once: (a) the order form has been signed by both parties; and (b) the required deposit has been received and cleared within the agreed timeframe.

Late payments will accrue interest at 12% per annum, calculated daily from the due date until paid in full. This interest is in addition to (and does not limit) any other rights Bert’s Berry Farm may have under these T&Cs or at law.

The submission of a complaint or claim does not suspend, reduce, or waive the buyer’s payment obligations under these T&Cs.

Bert’s Berry Farm reserves the right, at its sole discretion, to withhold, suspend, or cancel deliveries and future orders where payment obligations are not met, without liability to the buyer for any resulting loss.

For all international orders and export shipments, full payment — including all freight, phytosanitary, documentation, inspection, treatment, export, and related costs — must be received in full and cleared prior to dispatch, unless otherwise agreed in writing by an authorised representative of Bert’s Berry Farm.

All prices are exclusive of GST unless stated otherwise. GST will be added at the applicable rate where Bert’s Berry Farm is required to charge it.

6. Levies & Royalties

In addition to plant prices, the following industry levies and royalties apply and will be invoiced to the buyer:

SGNZ (Strawberry Growers New Zealand) Plant Levies:
Plant levies are charged in accordance with the current levy schedule set by Strawberry Growers New Zealand (SGNZ). Levy rates are reviewed by SGNZ and may change annually. The applicable rate for the current season will be confirmed on the order invoice.

NZBP (New Zealand Berryfruit Propagators) Royalties:
Royalties for all commercial fruiting varieties, including varieties managed through NZBP, are charged in accordance with the current royalty schedule set by New Zealand Berryfruit Propagators (NZBP). Royalty rates are set by NZBP and may be revised annually. The applicable rate for each variety and the current season will be confirmed on the order invoice.

7. Plant Availability

All orders are subject to successful propagation, plant health standards, tissue culture availability, biosecurity clearance, and seasonal growing conditions. Bert’s Berry Farm cannot guarantee plant availability where circumstances outside its reasonable control affect production.

Bert’s Berry Farm reserves the right to adjust quantities, modify delivery timing, substitute varieties (after consultation with the buyer), or cancel part or all of an order where production or biosecurity circumstances require. Bert’s Berry Farm will provide as much notice as is reasonably practicable in such circumstances.

Where an order is cancelled or reduced by Bert’s Berry Farm due to production failure or force majeure, the buyer’s sole remedy will be a pro-rata refund of any prepaid amounts attributable to the cancelled portion.

8. Plant Health & Performance

Bert’s Berry Farm supplies propagation material produced in accordance with industry standards and applicable biosecurity protocols. Material is inspected prior to dispatch and is supplied in good faith.

The buyer acknowledges that propagation material is living biological material and may be affected by environmental and biological factors outside the reasonable control of Bert’s Berry Farm once plants leave its care.

Plant performance, yield, fruit quality, and production results depend on factors including, but not limited to:

• Climate and seasonal variation
• Tunnel or greenhouse conditions
• Irrigation and nutrition management
• Pest and disease pressure and management
• Planting dates and methodology
• Grower practices and skill
• Temperature management post-dispatch
• Storage conditions after collection

Bert’s Berry Farm gives no warranty, express or implied, as to crop performance, yield levels, profitability, fruit quality, or production outcomes. To the maximum extent permitted by law, all implied warranties and conditions are excluded.

Natural genetic variation, mutation, or environmental influences may occasionally affect plant characteristics. Bert’s Berry Farm does not accept liability for naturally occurring mutations or variations outside normal industry tolerances.

9. Inspection & Claims

The buyer must inspect all plants immediately upon delivery or collection. Any claims relating to plant quality, shortages, damage, or delivery issues must be submitted in writing to Bert’s Berry Farm within 48 hours of receipt. Claims submitted after this period will not be accepted and the plants will be deemed accepted in good order.

All claims must include:

• A clear written description of the issue
• Photographs where the issue is visible
• Batch, delivery, or order reference information
• Sufficient opportunity for Bert’s Berry Farm to inspect the plants prior to any remediation, disposal, or further handling

Failure to notify Bert’s Berry Farm within the 48-hour timeframe, or failure to preserve plants for inspection, will constitute unconditional acceptance of the delivery and extinguish any related claim.

A claim relating to part of an order does not entitle the buyer to reject, withhold payment for, or return the entire order.

Bert’s Berry Farm’s liability in respect of any accepted claim is limited as set out in clause 15 of these T&Cs.

10. Storage & Handling

Following dispatch or collection, the buyer is solely responsible for correct storage, temperature management, handling, irrigation, planting practices, and ongoing plant care. Bert’s Berry Farm accepts no liability whatsoever for damage, losses, or deterioration resulting from improper handling, storage, or care after dispatch.

Recommended storage and handling guidance is available from Bert’s Berry Farm on request. The buyer’s failure to follow industry-standard or recommended practices will not give rise to any claim against Bert’s Berry Farm.

11. Packaging, FCC Crates & Pallets

FCC Crates & Pallets:
The cost of FCC crates and pallets, as charged to Bert’s Berry Farm by FCC, is passed on to the buyer and will appear on the final invoice. FCC crates and pallets remain the property of FCC and must be returned to an FCC depot within two weeks of delivery in order to obtain a credit note.

The buyer may return crates and pallets under their own name, in which case any credit note will be issued directly to the buyer. If the buyer wishes to return crates and pallets in Bert’s Berry Farm’s name, this must be communicated to Bert’s Berry Farm in writing prior to the return. Alternatively, the buyer may choose to retain the crates and pallets, in which case no credit will apply.

Any damage to FCC crates or pallets is the responsibility of the buyer from the point of delivery. The cost of damaged or lost crates and pallets will be charged to the buyer.

Carton Boxes:
Carton boxes are charged to the buyer and will appear on the final invoice. Carton boxes are single-use and do not need to be returned.

12. Plant Variety Rights (PVR), Licensed Genetics & Non-Propagation

Some varieties supplied or propagated by Bert’s Berry Farm are subject to Plant Variety Rights (PVR), breeder rights, licensing agreements, client ownership arrangements, or contractual propagation restrictions. These obligations apply whether or not the variety is managed through NZBP.

The propagation of runners, daughter plants, tissue culture material, or any other plant material derived from supplied stock, without prior written authorisation from the relevant breeder, rights holder, or variety owner, is strictly prohibited.

For client-owned varieties or privately licensed genetics, the buyer acknowledges that Bert’s Berry Farm acts solely as propagator or grower on behalf of the variety owner or rights holder. Bert’s Berry Farm makes no representation as to the buyer’s right to use, sub-licence, or on-sell such varieties.

The buyer is solely responsible for complying with all licensing, royalty, intellectual property, and propagation obligations relating to the varieties supplied. Any breach of these obligations may result in cancellation of the order, recovery of plants, and/or legal action by the relevant rights holder.

Where required, NZBP non-propagation documentation or other contractual documentation must be completed and returned to Bert’s Berry Farm before dispatch will occur.

Bert’s Berry Farm reserves the right to request records or information from the buyer where reasonably necessary to verify compliance with breeder, licensing, royalty, or ownership obligations, and the buyer agrees to provide such records promptly on request.

13. Retention of Title

All plants remain the sole property of Bert’s Berry Farm until full payment of all amounts owing under these T&Cs has been received and cleared.

Until full payment is made, the buyer must not pledge, mortgage, charge, or otherwise encumber the plants as security; transfer, sell, or dispose of the plants to any third party; or use the plants for unauthorised propagation or any purpose inconsistent with these T&Cs.

Where permitted by law, Bert’s Berry Farm reserves the right to enter the buyer’s premises to recover unpaid goods in the event of default, without prior notice. The buyer grants Bert’s Berry Farm (and its agents) an irrevocable licence to enter any premises for this purpose.

The buyer assumes all risk of loss or damage to the plants from the time of delivery or collection, notwithstanding that title has not yet passed.

If the Buyer fails to meet any payment obligation, Bert’s Berry Farm may, at its sole discretion, withhold, suspend, or cancel any current or future orders. In such circumstances, Bert’s Berry Farm is under no obligation to deliver the goods at a later date, and all amounts already paid by the Buyer in relation to the cancelled order shall be forfeited and are strictly non-refundable. Bert’s Berry Farm shall have no liability to the Buyer for any resulting loss.

14. Cancellation Policy

Orders may not be cancelled by the buyer after confirmation except with the written consent of Bert’s Berry Farm. Where Bert’s Berry Farm agrees to a cancellation, the following applies:

• All deposits paid are non-refundable
• Where propagation has commenced, the buyer remains liable for all direct costs incurred by Bert’s Berry Farm up to and including the cancellation date
• Any losses resulting from unsold or uncommitted propagated material may be charged to the buyer at Bert’s Berry Farm’s discretion

Bert’s Berry Farm reserves the right to cancel an order immediately and without liability in the event of:

• Non-payment or breach of payment terms
• Breach by the buyer of any provision of these T&Cs
• Failure by the buyer to complete required documentation
• Biosecurity, production, or regulatory circumstances beyond Bert’s Berry Farm’s reasonable control
• The buyer becoming insolvent, entering receivership, or being placed in liquidation

15. Limitation of Liability

To the maximum extent permitted by law, Bert’s Berry Farm’s total liability to the buyer — whether in contract, tort (including negligence), equity, or otherwise — is limited to the lesser of:

• The replacement value of the affected plants; or
• The original purchase price paid by the buyer for the affected plants

Liability in relation to any claim will be limited to the affected plants or the affected portion of the order, and will not extend to any other plants, orders, or deliveries.

To the maximum extent permitted by law, Bert’s Berry Farm will not be liable for any indirect, consequential, special, incidental, or punitive loss or damage, including but not limited to:

• Loss of crop or production
• Loss of profit or revenue
• Loss of business or contracts
• Business interruption
• Economic or financial loss
• Loss of anticipated savings or opportunity

These limitations apply even if Bert’s Berry Farm has been advised of the possibility of such loss or damage.

16. Force Majeure

Bert’s Berry Farm will not be liable for any delay or failure to perform its obligations under these T&Cs where such delay or failure arises from circumstances beyond its reasonable control, including but not limited to:

• Weather events, floods, drought, or natural disasters
• Biosecurity incidents, disease outbreaks, or pest infestations
• Government restrictions, emergency declarations, or regulatory action
• Labour shortages, strikes, or industrial disputes
• Transport or supply chain disruptions
• Utility failures
• Failure of third-party suppliers or service providers

During any such event, Bert’s Berry Farm’s obligations under these T&Cs will be suspended for the duration of the disruption. Bert’s Berry Farm will use reasonable efforts to notify the buyer and to arrange alternative timing or solutions where practicable.

If a force majeure event continues for more than 60 days, either party may terminate the affected order by written notice, without liability, except that the buyer will remain liable for any amounts already invoiced and due prior to termination.

17. Governing Law & Dispute Resolution

These T&Cs are governed by and construed in accordance with the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the New Zealand courts.

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If the dispute cannot be resolved within 20 working days of written notice, either party may refer the matter to mediation before a mediator agreed by both parties, or — if no mediator is agreed within 5 working days — appointed by the New Zealand Resolution Institute.

Nothing in this clause prevents Bert’s Berry Farm from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

18. Severability

If any provision of these T&Cs is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from the T&Cs to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19. Export & Import Compliance

The buyer is solely responsible for complying with all import requirements, quarantine regulations, permits, customs requirements, taxes, duties, and biosecurity regulations in the destination country.

Bert’s Berry Farm is not responsible for delays, destruction, rejection, additional costs, or consequential losses arising from import restrictions, customs actions, or quarantine requirements outside New Zealand.

20. Phytosanitary & Biosecurity Requirements

Where phytosanitary certificates, export inspections, or additional export documentation are required, all associated costs will be charged to the buyer unless otherwise agreed in writing.

Bert’s Berry Farm will use reasonable efforts to meet applicable export and phytosanitary requirements but does not guarantee import approval by foreign authorities, and accepts no liability for any rejection or delay arising from a foreign authority’s decision.

21. Commercial Use

The buyer confirms that all plants and products supplied by Bert’s Berry Farm are acquired for business purposes in trade.

To the maximum extent permitted by law, the Consumer Guarantees Act 1993 (NZ) does not apply to transactions under these T&Cs. The buyer acknowledges that this exclusion is fair and reasonable given the commercial nature of the transaction.

22. Recovery of Costs

The buyer will be liable for all reasonable costs incurred by Bert’s Berry Farm in recovering any overdue amounts, including solicitor fees on a solicitor-client basis, debt collection fees, court filing fees, and enforcement costs.

Interest continues to accrue on any judgment debt until fully satisfied.

23. Entire Agreement

These T&Cs, together with any signed order confirmation, constitute the entire agreement between Bert’s Berry Farm and the buyer with respect to the supply of plants and supersede all prior negotiations, representations, warranties, understandings, or agreements, whether oral or written.

No amendment or variation of these T&Cs will be effective unless confirmed in writing and signed by an authorised representative of Bert’s Berry Farm.