Landscape Plants (Cleobury) Limited Terms and Conditions
The following is a resume of the Companies trading terms and conditions.
In the conditions set out the following terms shall have the following meanings:
“Company” means Landscape plants ( Cleobury )Ltd.
“Customer” means the non-domestic consumer.
“Contract” means any contract given for sale of goods and/or services provided by the company.
“Goods” means any goods forming the subject of the contract including parts, materials or components incorporated.
Prices quoted exclude VAT and are ex nursery. The quotation will be subject to availability.
Existence of contract
We expect all orders to be confirmed either by email, fax or hard copy within 24 hours of the order being placed.
These conditions shall be incorporated in the contract to the exclusion of any terms or conditions stipulated or referred to by the customer. These are the only terms and conditions on which the Company trades and no other terms, written or oral, are capable of incorporation.
The prices for the goods are ex nursery and do not include delivery, VAT, packing, insurance or any other taxes and duties.
Prices invoiced are calculated in direct correlation with goods received. This is irrespective of the quantity in respect of which any quotation was issued.
The Company shall have a right to adjust any of their prices to allow for increases in any material, labour, transport, changes in work or delivery schedules.
This applies to any other costs that may arise after the date of contract.
Small order(s) whose total invoicing cost is less then £250.00 are subject to a surcharge of no less then £30.00.
The company has the ultimate discretion when issuing a charge for delivery.
All invoices are payable without discount or set off of any kind in the quoted currency within 30 days of the invoice month end and there shall be no circumstances in which the customer shall be entitled to make any deductions or withhold payment for any reason at all unless otherwise agreed in writing.
If the customer fails to pay the invoice by the due date then any discount given shall be disregarded and interest on the invoice may be charged at a rate of 4% pa over the base rate and will have to reimburse the Company any extra expense and cost incurred.
For the purpose of section 12 of the Sale of Goods Act 1979 the Company shall transfer only such title or rights in respect of the goods as the Company has and if the goods are transferred from a third party source shall only transfer such title or rights as that the party has and has transferred to the Company.
Notwithstanding the earlier passing of risk, title in the goods shall remain with the Company and shall not pass to the customer until the amount due under the invoice has been paid in full.
Until title passes the entire proceeds of the sale of goods shall be held in trust for the customer and shall not be held in a separate designated account. It shall be identified at all times as ‘the Companies money.’
Risk, delivery and performance
The contract shall be satisfied when the Company makes the goods available to the customer and any agent of the customer (or whoever pays the charges) at the customer’s premises or other delivery point.
Risk of the goods passes when they are put aside for the customer.
Any dates quoted by the company for delivery are approximate only and shall note form part of the contract.
The customer shall be responsible for providing unobstructed access to their delivery point. The site should be safe and clear for offloading.
Where appropriate equipment for offloading the vehicle is unavailable the company shall be under no obligation to attempt the offload themselves.
The company shall not be liable for any loss, penalty, injury, damage or expense arising from any delay or failure in delivery or performance from any cause. Delay or failure to deliver at a particular time shall not entitle the customer to reject the load.
Where the Company delivers returnable containers it is expected the containers will be returned in good order, empty and without rubbish or waste. The company has the discretion not to collect containers it deems unfit and it will be at the expense of customer to dispose of them at a minimum cost of £10.00 per pallet.
Notification of claims
Any claim for; non delivery of goods, damage, non correct quantity or alleged defect, shall be notified orally by the customer to company within two days of the date of delivery and in writing within seven days of the date of delivery.
Scope of contract
Unless otherwise agreed in writing the company shall be under no liability of any kind for; any defects as a result of the weather, failure to tend, improper use by the customer or use by the customer except in accordance with the instructions or advice of the Company or the manufacturer of any goods or neglect or from any materials or instructions provided by the customer. Nor for any illustrations, drawings, descriptions, figures submitted by the Company or contained in the company price list or elsewhere since they are merely there to represent an idea of goods and should not be taken as an absolute.
Returned items. The Company at its discretion may agree that stock ordered in error by the customer can be returned in good condition. This will be charged for at the re-stocking value to the customer.
The company shall also be under no liability if the suitability of the goods for any particular purpose or use under specific conditions whether or not it has been known or communicated by the customer to the company, nor whether any substitution of materials of goods not forming part of any specification of the goods agreed by in writing by the company. During periods of bad weather, including excessive heat, it is under the company’s discretion to withhold or delay goods indefinitely without breach of contract. If, while exercising the discretion the delay or withhold delivery, the delivery incurs extra charges the Company may so charge the customer.
Extent of Liability
The company shall have no liability to the customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on the part of the company or in any other way out of or in common with the performance or purported performance of or failure to perform the contract except for: Death or personal injury resulting from the company’s negligence, or as expressly stated in these conditions.
Company Reg : 09251927
VAT Reg: 197579043