Terms and Conditions

1. CONTRACT AND TERMS

1.1 All orders, in whatever terms, are accepted subject to the following terms and conditions which no person (save the director of the Company agreeing in writing) in the employment of or acting in any way as agent of the company, or purporting so to do, has power to vary. Previous dealings between the Company and any customer shall not vary or replace these terms or be deemed in any circumstances so to do. The placing of an order is conclusive evidence before any court of law or arbitrator that these terms apply.
1.2 The acceptance by the company of any order for goods shall constitute an agreement to sell the goods and not be a sale of them and no title to the goods shall pass to the intending purchaser by reason of delivery or acceptance of the same.
1.3 The company shall remain the absolute owner of the goods until such time as the agreed price shall have been paid to the Company. Until that time the intending purchaser shall be a bailee of the goods for the Company and shall store them upon its premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.
1.4 The goods agreed to be sold shall be at the risk of the intending purchaser as soon as they are delivered or collected.

2. PRICES

2.1 This catalogue supersedes all previous catalogues and lists.
2.2 Prices are listed exclusive of VAT and are ex nursery. They apply to the calendar year to which this catalogue relates. Delivery will be charged at rates applicable at the time of despatch and VAT at the rate current at the time of supply.
2.3 In view of the seasonal nature of our goods and many factors affecting costs, unless otherwise expressly agreed in writing, goods will be supplied at the prices ruling at the time of ordering (or which were stated in any quotation or order) then the customer will be entitled to approve the change or to cancel the order in relation to the goods where the piece has varied.
2.4 Prices quoted either in writing or verbally remain valid for 30 days. The right is reserved to revise prices listed in this catalogue without notification.
2.5 Orders of less than £150 (exclusive of vat and delivery charges) will be subject to a £20 handling charge.

3. STOCK AND SUBSTITUTIONS

We reserve the right to decline to accept any order and all plants are listed subject to crop being unsold on receipt of order. Should our stock or any specific size or variety be exhausted or insufficient or not up to quality at the time of preparation for delivery the nearest size or variety will be supplied, subject to customer approval and prices adjusted where appropriate.

4. COMPLAINTS AND PLANT FAILURES

4.1 Complaints must be received by the Company in writing within seven days from the day of despatch (including that day). If the customer fails to give such notice then the goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly.
4.2 notwithstanding the foregoing, the company will replace free of charge all items damaged or lost in transit providing that the customer shall give written notification of any damage to loss within such time as will enable the company to comply with the carriers conditions of carriage as affecting loss or damage in transit or, where delivery has been made by our own transport, within seven days from the date of despatch including that day.
4.3 while every effort will be made to execute orders to our customers satisfaction the company's liability to pay compensation for any breach however arising of any of the expressed or implied conditions warranties or terms of contract of sale or for any innocent misrepresentation leading to the making of such a contract shall not exceed the invoiced price of the goods in question and in particular the company shall be under no liability for any loss of profit or other consequential loss or liability of whatever incurred by the customer as a result of any such breach.

5 PAYMENT

5.1 Customers will be required to pay as against proforma invoices for all goods prior to collection or delivery except where account facilities have been previously expressly granted in writing.
5.2 If account facilities are required customers are asked to apply in writing, giving the name of their bank and two trade references which preferably should be suppliers of nursery stock.  We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses.  We may also make enquiries about the principal directors with a credit reference agency.
5.3 Unless otherwise agreed, where account facilities have been granted payment shall still be made within 28 days from date of invoice.
5.4 Accounts unpaid after 28 days form date of invoice shall be surcharged by 3% for each month or part thereof the account remains outstanding.
5.5 The surcharge will be shown on invoices as an addition to the net amount due, with an indication of how much may be deducted and by what date.
5.6 Notwithstanding conditions 5.4 and 5.5 the Company reserves the right to demand payment within the due time of 28 days, and to designate any accounts unpaid within that time as overdue.
5.7 BACS, Visa or Mastercard are accepted in settlement of accounts. Customers wishing to use this method should contact our accounts department prior to payment.

6. CONTINGENCIES

No liability will be accepted by the Company for any failure of or delay in performance which is due wholly or partially to restriction by government or other competent authority, strikes, lock outs, failure of plants, adverse weather conditions, vandalism or to any other cause whatsoever beyond control of the Company but where the Company is prevented from fulfilling its agreements in the whole but can fulfil the same in part then it will be entitled to distribute materials as it may have amongst its agreements in such  proportions as it decides and shall not in such circumstances be liable for failure to fulfil any such individual agreement.