Terms & Conditions Of Business
Throughout these terms “Seller” means A Hill & Sons Limited and “Buyer” means a buyer of plants or other goods
The Seller shall not be liable to the Buyer or deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the goods if the delay or failure due to stock suffering from adverse conditions beyond our control or any other cause beyond the Seller’s reasonable control.
Unless agreed otherwise in writing the seller shall under no circumstances have any liability of whatever kind for:
1. Plant losses caused by flood, drought, frost, improper care and maintenance etc., after they have left our nurseries.
2. The suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were communicated to the Company;
3. Any technical information, recommendation, statements or advice furnished by the Seller, its servants or agents not given in writing in response to a specific written request from a Buyer before the contract is made
4. During periods of inclement weather including storm, drought, freezing temperatures or excessive heat the Seller may in its absolute discretion without bringing itself into breach of contract for failure to perform withhold or delay indefinitely the delivery of any goods ordered by the Buyer.
All plants are supplied true to name. In the event of error the Seller’s liability is limited to the invoice price of the plants affected.
Quotations by the Seller unless otherwise stated in them shall be open for acceptance within 30 days of the date of the quotation and shall in any event be subject to written acceptance by the Seller of any order submitted by the Buyer.
3. ORDERING PROCEDURE
The Seller reserves the right to increase any published prices without notice.
New customers are requested to send 2 appropriate trade references and a bank reference with their first order. Orders will not be processed until satisfactory credit references have been obtained.
Alternatively, cash/credit card on collection is acceptable.
The acceptance of an order does not bind the Seller to the supply of every item, although we will use our best endeavours to do so.
All stock offered is subject to availability,
Telephone orders must be confirmed in writing within 3 days. The Buyer shall be responsible for ensuring the accuracy of any order placed with the Seller
The Seller shall not be responsible for the failure of any means of electronic messaging to impart information of any kind either to or from the Buyer
Where the Seller is requested to attend upon a site inspection or plant inspection not referred to at the time of tender, it shall have an absolute discretion to charge for all costs arising therefrom.
Where the Seller is requested to delay or withhold delivery by the Buyer for any reason the Seller may in absolute discretion charge for any costs arising there from.
The Seller will take immediate legal action to recover outstanding debts and costs incurred as a result of late payment, dishonoured or represented cheque
Risk in the goods shall pass to the Buyer when the goods are delivered to, or collected by the Buyer or its agents, notwithstanding risk.
Any complaint should be made verbally within 24hrs of a consignment and in writing no later than 7 days after delivery
The Seller shall have no liability with regard to any claim in respect of which the Buyer has not complied with the claims procedure in these conditions.
Payment is due 30 days from date of invoice and the Seller reserves the right to make a charge of 1.5% per calendar month in respect of all invoiced sums which are not paid 30 days following date of invoice.
All prices quoted are exclusive of V.A.T. which will be added where applicable at the prevailing rate.
The Seller’s V.A.T. registration number is GB 258 1678 29.
All accounts must be cleared by the due date as stated on the invoice.
If the Buyer cancels all or part of any order required for delivery and not yet executed, he will agree to pay the Seller 30% of the value.
Reservation of title. The risk in the goods passes to the Buyer upon delivery, but title to the goods shall remain vested in the Seller until full payment has been received, each delivery being considered as a whole. Should the Buyer appoint a trustee in bankruptcy, receiver or liquidator, having disposed of the goods to a third party then the proceeds from the sale of goods should first be used to satisfy the Seller’s account.
The Seller reserves the right to uplift goods supplied if payment is not received after one month’s written notice has been given.
The Seller reserves the right to withhold further supplies in the event of agreed credit limits being exceeded.
The placing of an order conclusively confirms acceptance of the above terms, together with the comprehensive full terms displayed on the company web site.