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Terms and Conditions |
| 1) |
These
conditions of Sale are incorporated into every order for plants from
Millview Nurseries 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 dispatch
and the Contract is conditional upon the availability of such plants at
the time specified for dispatch. 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) |
1
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 Millview Nurseries 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 dispatch 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 dispatch. |
| 9) |
Unless
otherwise agreed, payment is due within 28 days of the date of the
invoice. If payment is not received by the due date Millview Nurseries
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) |
Varieties
listed with the suffix P are subject to a royalty required by the
respective Plant Breeder, and are fully protected under the Plant
Breeder’s Rights Act. The placing of an order for these protected
varieties constitutes an acceptance of the conditions of the Plant
Breeder’s Rights scheme. Propagation is not permitted without a license
agreement. The appropriate royalty has been added to the price charged
in respect of finished products and will be quoted separately in respect
of young plant material and rooted cuttings. |
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Millview Nurseries, Fengate Road, West Pinchbeck, Spalding, Lincs PE11 3NE TEL: (01775) 640150, FAX: (01775) 640600 or E-mail: enquiries@millviewnurseries.co.uk |