Terms & Conditions
Prices quoted are ex-nursery and exclude packing unless otherwise agreed. Prices exclude VAT. Plants will be invoiced at the prices ruling at the time of despatch. Transport is chargeable at a minimum of £65. Telephone orders must be confirmed in writing within three days. The Company reserves the right to adjust prices during the season. All orders are accepted subject to stock availability at the time of order. Small orders less than £250 are subject to a minimum order surcharge of £30.
New customers will be required to complete a credit application form requesting two trade references, prior to acceptance of orders. Prepayment by credit card, cheque or cash will be required with the first order.
Payment must be made in full within 30 days from the end of the month in which the invoice is raised unless otherwise agreed in writing. The Company reserves the right to charge interest at 4% above bank base rate together with legal fees on accounts outside of the agreed terms. Credit Card payments will attract an additional 3% charge of the total invoice value, including VAT, in order to cover costs.
If the Customer cancels an order after the goods are allocated to the order, the Customer agrees to pay the Company 80% of the cancelled order value as liquidated damages without having to prove damage. Only when the Company claims a higher percentage will the Company be obliged to supply proof of purchase.
The Customer must have staff available to help unload delivery vehicles immediately on their arrival. Container plants and heavy trees are impossible to unload single-handed. All consignments must be carefully examined on receipt and signed for by the Customer. The Company cannot be held responsible for losses after delivery. No claims for shortages or damages can be accepted for requested delivery to insecure or unmanned premises. Complaints must be made within two days of receipt of goods and confirmed in writing within seven days. The Company’s responsibility ceases when goods are delivered to the Customer or when collected by a carrier.
Risk & Title
Risk in the goods will pass to the Customer upon delivery. Legal title to the goods supplied will not pass to the Customer until the Company receives full payment. Should the Customer appoint a trustee in bankruptcy, receiver or liquidator, having disposed of the goods to a third party, then the proceeds from the sale of goods must first be used to satisfy the Company account.
The Company’s maximum liability for plants supplied is limited to the replacement, or a refund of the price. Any other claim including consequential losses is excluded. The Company will endeavour to check all plants leaving the nursery but as mistakes can occur, the Company will be pleased to rectify any genuine error made, but not in excess of the invoice value of the goods in question. The Company cannot be held responsible for damage in transit where the Customer has arranged own transport. The Company cannot be held responsible for damage caused after delivery, for losses by frost, flood or drought, nor for plants, which fail to grow through bad weather conditions or other causes beyond the Company’s control.
The Company shall not be liable to the Customer or be deemed in breach of contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the goods if the delay was due to any cause beyond the Company’s reasonable control.
Notice of Assignment
All invoices issued will be absolutely assigned to a Factor except by prior arrangement.
THE PLACING OF AN ORDER IMPLIES ACCEPTANCE OF THESE TERMS & CONDITIONS.