Telephone 0161 440 8060
Wholesale plant nursery serving the industry for over 40 years

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Terms & Conditions

1. PRICE

1.1  We reserve the right to vary prices without prior notice. It is the responsibility
of the purchaser to determine the exact price of each item at the point of
purchase.
1.2  All prices quoted exclude delivery and are subject to availability. Delivery
charges will be quoted at time of an enquiry.
1.3 Any quotation we issue is open for acceptance for 30 days from the date of
quotation and is subject to availability.
1.4 VAT is added to all prices and will appear on the invoice
1.5 All prices quoted verbally or in writing which are lower than stock prices are
to be confirmed and therefore regarded as discounted prices.

2. DELIVERY

2.1 Time is not the essence of the Contract or term of the Contract. We will not
be liable for delays in delivery for any loss, consequential or otherwise that
may occur as a result of any delay. We will endeavour to fulfil any delivery
dates and times.
2.2 If we fail to deliver within a reasonable time, you may cancel the Contract
however:
2.2.1 You may not cancel if we receive your notice after the goods have

been dispatched; and

2.2.2 If you cancel the contract, you can have no further claim against us

under that contract

2.3 If you fail to accept delivery of the goods when they are ready for delivery or
you request us to delay delivery or we are unable to deliver the goods
because have not provided adequate instructions we may:
2.3.1 Charge you for redelivery of those goods
2.4 You must provide appropriate equipment and manual labour for unloading
the goods at the delivery point. If our delivery vehicle is kept waiting for an
unreasonable amount of time, is obliged to return without completing
delivery or if we provide additional staff to unload goods, an additional charge
will be made.

 

3. SPECIFICATIONS AND INSPECTIONS

3.1 All consignments are to be checked and signed for by the purchaser and any
complaints should be made in writing within 7 days. If you fail to notify us in
accordance with these requirements, you will not be entitled to reject the
goods and will be deemed to have accepted the goods in accordance with the
contract. Complaints regarding variety will only be considered within a
period of 30 days.
3.2 We are not responsible for the growth or in any way for the performance of
the item which includes any damage as a results of adverse weather
conditions throughout the year. We are unable to entertain any claims for
the failure.

4. BASIS OF PURCHASE

4.1 The purchaser must at all times ensure all ordered items are suitable for their
intended use and meet all their requirements. The purchaser must carefully
check their Sales Order Acknowledgement.
4.2 The purchaser is fully responsible for the health, care, maintenance and
welfare of all plants after delivery. This includes the control and prevention
of pests and disease unless we are notified within 7 days of delivery of the
presence of such pests and disease.
4.3 By placing an order with Ladybrook Nursery the buyer has read and accepted
our terms and conditions. They will be responsible for payment in full of any
order supplied by Ladybrook Nursery.

5. RETURN OF GOODS- see also 2. DELIVERY

5.1 We will only accept the return of goods:
5.1.1 by prior arrangement
5.1.2 where the goods are fit for sale when returned as they were delivered

6. PAYMENTS AND INVOICING

6.1 New trade accounts will be opened subject to obtaining a satisfactory and
comprehensive credit status report.
6.2 New trade customers are required to pay their account by cash, debit card
or BACS transfer. A cheque would require 5 to 7 days clearance before
delivery or collection. Exceptions are Government bodies and other Public
Institutions.

 

PAYMENTS AND INVOICING (Cont’d)

6.3 Where credit is given, payment is due 30 days from the date of invoice. In
default of payment interest will be added to the outstanding amount
calculated at a rate of 15% above the base lending rate of HSBC Bank plc or
as may be enacted by Parliament.
6.4 All legal or other costs incurred in collecting unpaid cheques from
transactions will be charged to the purchaser.
6.5 Items will not be held in pursuance to an order for more than 30 days
without payment being made on a pro-forma invoice basis. If, after this time,
payment is not received the goods will be returned to nursery stock.
6.6 In the event of the existence of an outstanding amount on the account we
reserve the right to withhold future deliveries/collections until such time as
the debt has been paid and cancel any discount offered.
6.7 Title to goods will not transfer to the purchaser until payment of all invoice/s
has been made in full.

7. TITLE OF GOODS

7.1 Whilst debts are unpaid all goods remain the property of Ladybrook Nursery.

8. NON-STOCK ITEMS

8.1 Purchasers who order non-stock items will be required to pay a non-
returnable deposit of 50% of the value of the goods on placing the order. In

the event of the order being cancelled on receipt of the non-stock items onto
the Nursery the deposit will not be returned.

9. CANCELLATION

9.1 You may not cancel the order unless we agree (see 2.2.2 above – 9.2 will
then apply)
9.2 If the order is cancelled full payment will then be required for all stock that
we may hold (or to which we are committed) for the order
9.3 We may suspend or cancel the order if:
9.3.1 you fail to pay any money when due
9.3.2 you become insolvent
9.3.3 you fail to comply with these terms

 

10.HEALTH & SAFETY

10.1 It is the responsibility of the purchaser when placing an order to
ascertain the facilities which would be required to unload vehicle deliveries
in a safe manner in order to confirm to health and safety regulations i.e.
sufficient labour and or machinery. It is the discretion of the driver to
decide if the facilities are sufficient to unload. In the absence of suitable
facilities we reserve the right to charge for a re-delivery.
10.2 For health and safety reasons our appointed driver is not authorised by the
company to deliver plants beyond the vicinity of the entrance to the
property/site. The location of unloading rests with the driver who will use
his discretion, taking into account the access and all health and safety
aspects of the delivery.

11.RESTOCKING CHARGE

11.1 If you decide to return an item because you don’t like it or you have over
calculated on your order you will be expected to return the goods to us. If
you wish us to collect there will be a collection charge dependent upon the
area of collection. A restocking fee of 25% will be payable which we will
deduct from your refund.

14.09.2017 JRA

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