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1) These conditions of
Sale
are incorporated into every order for plants from Country Herbs &
Plants Ltd and on acceptance of any such order are terms of the
Contract of Sale. In the event of inconsistency between these
Conditions and any order form or purchase note delivered to us in
respect of an order these conditions shall prevail.
2) Any Contract of Sale is made on the assumption that plants of
the variety and type specified in the Contract will be available at
the date of despatch and the Contract is conditional upon the
availability of such plants at the time specified for despatch. In
the event of such plants not being available for whatever reason we
reserve the right to substitute alternative varieties unless the
purchaser specifically requests no substitutions.
3) The property in the plants will pass to the buyer when they
are delivered to the buyer and the plants are at the buyer’s risk
when the property so passes. Any damage or delay in transit should
be notified to us in writing within 24 hours from the date of
delivery.
4) All reasonable steps will be taken to ensure that delivery is
effected at the agreed time but we cannot accept any liability for
any loss arising from delayed delivery however it might be caused.
5) Should
any of the plants supplied fail to comply in quantity, quality or
description with the particulars of the order we shall be liable to
replace the defective plants with other plants which are in all
respects in accordance with the order or if such goods are not
available refund the purchase money (or a proportionate part of the
purchase money) in respect of the defective plants, but we shall in
no circumstances be liable in respect of any other loss incurred by
the buyer as a consequence of the supply of the defective plants.
That notice in writing be given within 24 hours from the date of
delivery is a condition precedent to any liability on our part
unless the buyer can establish that the defect in the plant had not
become apparent within that period. No exchange of product or credit
will be given until the defective plants in question have been
returned to Country Herbs & Plants Ltd in reasonable condition and
within 5 days from the original date of delivery.
6) We try to ensure that the plants are free of disease or
infection but should diseased or infected plants be supplied against
any order the buyer must give notice in writing to us immediately
the presence of such disease is suspected or discovered, or ought
with reasonable care to have been suspected or discovered. Subject
to us being satisfied that the disease or infection existed at the
time of despatch and materially affected the plants and did not
arise through any other cause we shall at our option replace
materially affected plants or refund the purchase price of such
plants but shall incur no other liability in respect of any
consequential loss of whatsoever nature arising out of the supply of
such plants.
7) Cancellations
of orders for young plant material and rooted cuttings must be made
as soon as possible and no less than 6 weeks prior to collection /
delivery date. If Less than 6 weeks notice is given then 50% of the
invoice value may be charged.
8) All prices issued are subject to alteration without notice,
but will be notified prior to despatch.
9) Unless otherwise agreed, payment is due 30 days from end of
month of the invoice date. If payment is not received by the due
date Country Herbs & Plants Ltd is entitled to cancel the contract
or suspend any further deliveries and charge 2.5% per month from the
date of the original invoice until payment in full is received.
10) On acceptance of our terms and conditions, we are authorised
to maintain computer records regarding your company in relation to
your business with us (in accordance with the Data Protection Act)
and from time to time to send you faxed information regarding our
products and availability unless written notification is given to
the contrary.
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