Below are the T&Cs of Karl Ducker (Wholesale Nurseryman), Mr Evergreen, Milford Road, Lymington, Hampshire SO41 0ED
1) STOCK is offered subject to being unsold on receipt of order. Quotations are valid for 30 days.
2) PRICES exclude VAT and we reserve the right to alter prices. All Prices quoted are ex-nursery unless specifically stated otherwise.
3) SHORTAGES, DAMAGE or COMPLAINTS of any nature must be notified in writing within 7 days of delivery or collection. If the Buyer fails to give such notice, the goods shall be deemed to be in accordance with the contract and the Purchaser shall be bound to accept, and pay, for the same accordingly. Our liability to pay compensation or damages shall not exceed the invoice value of the goods.
4) PAYMENT is due 30 days from the date of invoice and we reserve the right to make a credit charge on all overdue accounts amounting to clearing bank base rate +5% accruing daily, and all legal and other costs incurred in recovering monies due on overdue accounts.
5) DELIVERY dates given are approximate. Whilst every effort will be made to adhere to agreed dates, such dates are not guaranteed and no liability for delays can be accepted. We may at our discretion deliver goods in instalments.
6) CANCELLATION OF ORDER If a Purchaser, having been notified that goods are ready for dispatch, for any reason refuses delivery or to make a collection, we shall be entitled to invoice the agreed price of goods, payment of which is due within 30 days per our T&Cs.
7) RETURN OF PACKING CASES A charge may be made for Pallets, Packing, Cases, Pots, Trays etc. Full credit for the amount will be given if they are returned to the point of dispatch, carriage paid, and in good and undamaged condition, within 30 days of the date of delivery.
8) QUALITY Every effort is made to supply top quality plants true to name.
9) SUBSTITUTIONS When plants are lifted for dispatch, should we find our stock of any variety to be exhausted or not to quality, the nearest size or variety will be supplied unless we are otherwise advised. As our paperwork is generated by customer’s incoming orders, substitutions may not be recorded, therefore incorrect sizes or varieties may appear on the delivery note or invoice. Every effort is made to avoid this situation, but we cannot accept liability if such an error occurs. Upon notification, paperwork will be corrected for size and priced accordingly.
10) PLANT FAILURES We cannot be held responsible for losses by frost, flood, or drought, not for plants which fail to grow through bad weather conditions or other causes beyond our control including but not limited to natural disasters, government lockdowns or predicaments including coronavirus.
11) RETENTION OF TITLE All goods sold to the Buyer shall remain the property of the Seller until the whole of the Buyer’s indebtedness to the Seller (whether in respect of the contract in question or otherwise) has been paid in full or the Seller has by written notice, electronically or otherwise, passed title to all such goods to the Buyer provided that, subject to Condition 11a below, the property in any time of all goods shall pass to the Buyer immediately prior to, and only for the purpose of, a bona fide sale thereof by the Buyer of its customer. The delivery of a cheque or bill of sale shall not be taken as payment of the amount referred to therein until the same is cleared by the Buyer’s bank.
11a) Where goods are re-sold by the Buyer, the benefit of all debts due to the Buyer arising from such re-sale shall be appropriated by the Buyer towards payment of its indebtedness to the Seller (under whatsoever contract) has been paid in full and the Seller has, by written notice electronically or otherwise, released such debts from the said trust.
11b) Notwithstanding the conditions above, invoices if not paid prior to delivery of goods shall be payable by the Buyer within 30 days of their date, subject to any requirement of the Seller specified in or prior to the contract, requiring the payment of an advance deposit.
12) ASSIGNABILITY The Purchaser may not assign or part with its interest in the contract.
13) ACCEPTANCE OF ABOVE CONDITIONS The Buyer shall be deemed to accept the above Terms and Conditions as a basis of the contract when placing an order.
Karl Ducker, Mr Evergreen