Terms of Business

GENERAL INFORMATION APPLICABLE TO INTERNATIONAL PALM SALES:
1 The Business Terms and Conditions of Sale as stated herein are applicable to foreign Customers and exports from South Africa only

2 Palm sales involving South African buyers and payments are handled by our sister company, Plantworld (Pty) Ltd - please visit www.plantworld.co.za for the applicable Business Terms and Conditions of Sale

3 Where Quantities and heights are shown, such information is only approximate

4 Apart from the enormity of the task, palm growth and sales make the regular provision of accurate quantities at each specified height impractical

5 Where a potential Customer is interested in a specific species, height and quantity, availability of the Customer's requirements will be determined and confirmed on written request

6 Please note that all our palm measurements are provided on a 'full palm height basis'only, measured according to the specifications as set out by The American Standard for Nursery Stock, in terms of “American National Standards Institute (ANSI) Z60.1, Section 1.4 Palms", which states: 'in size-grading of palm trees, overall height shall take precedence'. 'Overall height' is defined as being 'the perpendicular height from the ground, which should be at or near the top of the root zone or soil surface to the top of the arc made by the uppermost arching frond, with the tree standing in its natural position'.

7 Visits to our Umvoti Palm Farms are subject to prior appointment

BUSINESS TERMS AND CONDITIONS OF SALE:
1 All pricing quoted is in US $, nett and exclusive of South African VAT, for collection by the Customer from the respective loading areas of our Umvoti Palm Farms near Stanger, KwaZulu-Natal, South Africa

2 No discounts are applicable, unless stated and agreed to as such in a Written Quotation or in a signed agreement between Specimen Palms (Pty) Ltd and the Customer

3 All palms are field-grown and can be either ex open ground, or ex trenched, or ex gro-bags

4 Palms are sold on a 'full height' basis only - see definition above. Measurements relating to 'clear trunk', 'trunk height', 'crownshaft height', 'trunk/caliper diameter', 'leaf span', etc, will NOT be provided

5 Photographs of our palms can be viewed and downloaded from our website

6 Final palm height measurement will be done at the time of palm removal from open ground

7 All palms will be tagged and marked with the species and full height at the time of removal

8 Palm Price Lists, palm detail lists showing quantities and heights, and our Business Terms and Conditions of Sale are subject to change without prior notice

9 Where a Customer wishes to procure palms, a written quotation showing full palm details as to species, height, quantities, pricing and Business Terms and Conditions of Sale, valid for a fixed time period,
will be given to the Customer

10 Palms will only be reserved for the Customer on receipt of acceptance of the Specimen Palms (Pty) Ltd Written Quotation, as well as receipt of a valid Import Permit, setting out the phytosanitary requirements of the
importing country

11 Palms can be viewed, selected and tagged by the Customer prior to removal of the palms from open ground

12 Palms will only be removed from open ground once payment has been received in full and the funds have been cleared and released by Plantworld's bank

13 Where the Customer collects the palms from the farms, the Customer, by signing the Specimen Palms (Pty) Ltd
documentation, confirms that the palms as listed on the documentation are to the complete satisfaction of the Customer

14 The collection date of the palms will be mutually agreed and will at all times be subject to change due to weather conditions

15 Written unconditional acceptance of the palms needs to be provided by the Customer within 24 hours of the palms having been placed at the loading area, failing which, it will be agreed that the
Customer has accepted the palms unconditionally

16 Palms are not returnable after acceptance thereof

17 Risk and ownership will pass to the Customer on acceptance of the palms

18 Where the Customer appoints an agent or representative to act on the Customer's behalf, the Customer, in doing so, confirms that the person so instructed, appointed or allocated by the Customer to act on the
Customer's behalf, is fully qualified and duly authorised to do so

19 Orders received from the Customer are accepted subject to written confirmation and qualification, where applicable

20 Pricing includes:
20.1 Palm removal from the ground
20.2 Palm placement at the loading area - where palms are sourced from more than one of our farms, palms must be collected by the Customer from each applicable farm's loading area

21 Due to the current price volatility of diesel, pricing excludes:
21.1 Loading of the palms onto transport trucks or into open-top containers
21.2 Road transport of the palms to the point of departure from South Africa

22 Quotations can be provided for the following:
22.1 Loading of the palms onto transport trucks or into open-top containers
22.2 Road transport to the point of departure from South Africa (closest points being Durban Harbour and Durban International Airport - each being approximately 80kms from the farms)
22.3 Sea or air transportation charges to the Customer's requested point of arrival in the destination country (harbour or airport)
22.4 Phytosanitary preparation of the palms as specified on the Import Permit issued by the importing country, including fumigation, herbicide, pesticide and fungal treatment requirements, root washing, ball/root wrapping,
ball/root wrapping, crown trimming and wrapping, etc, and the obtaining of the required Phytosanitary Certificates

23 As palm survival and transplant success is dependent on treatment and care given by the Customer, no guarantees are given for the palms once they have been removed from the ground

24 No warranties or guarantees are given, express or implied, verbally or in writing, as to the species' suitability for the Customer's geographic, climatic or soil requirements, or as to
salt tolerance, drought resistance, or rate of growth, or any other Customer requirement

25 Specimen Palms (Pty) Ltd cannot be held liable for any damages or losses, consequential or otherwise, resulting from the acceptance of a Customer order, or from the delivery of an order to the Customer,
timeous or otherwise

26 All transactions entered into between Specimen Palms (Pty) Ltd and the Customer shall be governed by the laws of the Republic of South Africa

27 The Customer's domicilium citandi et executandi shall be the normal physical address of the Customer, from where the Customer conducts his business