McGrath Nurseries

Under New Zealand law, the owner of a Plant Variety Rights (PVR) grants the right to control who propogates the variety.

Similarly, the owner of a trademark for a plant variety has the right to control who uses the trademark in commerce. PVR protected varieties owned by McGrath Nurseries Ltd may be propogated and grown only under the terms of a written license granted to the licensee by Mcgrath Nurseries, Ltd. Trademarks owned by McGrath Nurseries Ltd. may be used only with the written permission of McGrath Nurseries Ltd. Reproduction of our protected varieties for any purpose, or use of trademarks for those varieties, without a written license from McGrath Nurseries, Ltd. is prohibited.

For further information on varieties and trademarks licensed by McGrath Nurseries, Ltd., please see the ‘Variety Management’ Section of this website.

We carefully select scion wood from mature bearing trees. Despite this careful selection, it is possible that some variations may occur within varieties.

This variation is most prevalent in high colored mutations of varieties and spur type mutations. Environment and cultural practices, such as pruning, fertilizing and application of chemicals can affect the color formation at the time of apple maturity. These factors can moderate the genetic characteristics of color. Because of this we cannot accept responsibility for the fruit color and tree structure of any variety or any other defects.

The accepted industry standard for ‘off type’ trees is 10% variation either side of the selection norm.

The deposit and progress payments required under our standard Terms of Trade are*:

• Contract & Deposit (pre-planting payment):  $1 per tree, due on placement of order. All agreements and relevant consent forms must be completed and returned at this time.
• Progress Payment 1 (pre-budding payment):  $3 per tree due November 20, 2 calendar years prior to delivery.
• Progress Payment 2 (de-heading payment): $4 per tree due in July, 1 calendar year prior to delivery.
• Balance of payment for order: Due 14 days prior to despatch.
• Royalty Payment:  If a royalty is due on any variety, these are due prior to delivery.

*For significantly large orders, we reserve the right to alter the deposit and progress payments required.

The order is only confirmed once the deposit and progress payments are paid and relevant paperwork received.

McGrath Nurseries reserves the right to resell trees if the deposits have not been paid.

If the Purchaser cancels the order under this agreement, then the Purchaser will forfeit the deposit together with any other monies paid, but will remain liable for the balance, interest and costs at the discretion of the Vendor.

 

Please note that we only sell trees by the full bundle (not individually). Stonefruit minimum of 5 trees per variety and pip fruit 10 trees per variety.

Unfortunately, the handling, dispatch and paperwork costs on small lots are very expensive and, in order to partially recover these costs we reserve the right to charge a premium of 25% on orders less than 10 trees and 12.5% on orders of 10-19 trees.

Freight: Clients may either collect their trees or we will pack and dispatch them either according to specific instructions or by the most efficient and cost effective means at a time suitable for shipment, notified in advance. Freight is paid by the purchaser.

Packaging: Packaging is charged at cost.

If late delivery for trees is required by the customer, full payment may need to be made in advance for trees, royalties and estimated freight. Normal shipping time:

Stone fruit and pear trees:
25 May - 1 Aug.

Apple trees:
25 Jun - 14 Sept.