Conditions of Sale
· Catalogue prices are subject to amendment without notice.
· Prices stated are exclusive of VAT, which will be charged at the current rate. Delivery and special packing costs will be charged extra.
· Unless credit has been agreed, payment is due in full either prior to delivery or on collection.
· New customers requiring credit are requested to provide two trade references and a bank reference when placing their first order.
· Where credit has been agreed, settlement terms are within 30 days of invoice. The ownership of materials supplied by the Company will only be passed to the purchaser when payment has been made in full.
· Consignments must be carefully examined on receipt and any complaint notified by telephone within two days and confirmed in writing within seven days. Notwithstanding anything else in these conditions, the Company shall be under no liability to the customer if the notifications are not made within the time specified which shall be of the essence of the contract.
· Whilst the Company will do its utmost to satisfy customers’ requirements, no guarantee of completion by a fixed date can be given.
· Where the Company has provided a quotation, it is subject to the availability of the stock offered at the time of receipt of a written order. Prices quoted are valid for 20 days from the date of issue.
· The Company cannot guarantee that specific stock identified by the customer will be supplied unless expressly agreed by the Company in writing, and subject to all other Conditions of Sale. The Company will not accept any claims for consequential losses in respect of the order and materials supplied, and in all cases the limit of liability will be free replacement or refund of price paid. No responsibility will be accepted by the Company for losses arising out of causes beyond its control.
· The Company will not be liable for any claim relating to its failure to supply, where this failure has arisen due to climatic, natural, accidental or any other cause beyond its control.
· The sizes shown on our catalogues and website are estimated and are subject to growth.
· Whilst the Company is willing to arrange delivery on behalf of the customer, all goods are consigned at the buyer’s risk. The Company does not accept responsibility for delay, damage or loss of goods in transit.
· The Company reserves the right to decline any order without stating a reason.
· All trees will be delivered by 30th June in the planting season in which they are ordered (the planting season being the 8th month period from November to June). Unless otherwise instructed, it shall be assumed that when orders are placed they are for the forthcoming or current planting season. Any undelivered orders as of June 30th of each planting season must be paid for in full by June 30th of that planting season, for subsequent delivery by 31st July of that planting season.
· Deliveries/ collections of bare root production orders after the 31st May, will have a cold store surcharge of £5 per thousand trees for each week or part week post that date up to delivery.
· This agreement shall be governed by English Law.
· Orders received from the buyer will be accepted by the Company only on the basis of the above Terms and Conditions being part of the Contract of Sale. None of the above Terms and Conditions shall be waived or modified unless expressly agreed in writing and signed by a duly authorised officer of the Company.