Terms & Conditions

 

TERMS AND CONDITIONS OF PURCHASE

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 Quotations are based on one delivery destination, dependent on destination 
 minimum order may apply. 

1.4   Any quotation we issue is open for acceptance for 30 days from the date of  
 quotation and is subject to availability. 

1.5   VAT is added to all prices and will appear on the invoice. 

1.6   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 you have not provided adequate instructions we may:  

2.3.1 Charge you for redelivery of those goods

2.4 You must provide appropriate equipment an  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.    

2.5   You must be responsible for providing unobstructed access to a clear and safe site for the purpose of off-loading.  Any issues with access to the property need to be clearly communicated when placing your order.        

3.   SPECIFICATIONS AND INSPECTIONS

3 .1   All consignments are to be checked and signed for by the purchaser or nominated recipient 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.  

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 conform to health and safety regulations which apply to our delivery driver and the customer.  This includes 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.  

12. CREDIT NOTES

12.1 After a credit note has been agreed and issued this must be used within 6 months from the date of issue.