Wholesale nursery supplier | Shrubs, trees, hardy plants | A Hill & Sons Ltd

These terms cancel all previously published terms. 

General

A Hill & Sons shall be known as the Seller. The Customer means the buyer of plants and other goods from A Hill & Sons. 

Due to possible increases in expenses beyond our control the seller reserves the right to increase prices without notice. 

These terms are only applicable to companies involved in the Horticultural and Landscape Industries, Local Authorities and other bona fide companies. The Seller can not accept orders from the general public. 

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.

The Seller shall not be liable or deemed to be in breach of contract by reason of delay in performing any of their obligations in relation to the goods if the delay or failure was due to any cause beyond our control. 

No variation of these Conditions shall be binding unless agreed in writing between the authorised representative of the Seller and the Customer. 

Once goods have been received by the Customer in no circumstances can the Seller be held responsible for defects of good caused by:- 

• Adverse weather conditions.
• Failure to tend or improper use by the Customer.
• Accident.

Complaints can only be considered by the Seller if notified by the Customer in writing within five days of receipt of goods. 

In no circumstances shall the liability of the Seller to Customer exceed the invoice value of the goods.

Quotations

Quotations given to Customers by the seller shall, depending on availability of  the goods be open for acceptance for 30 days from the date of the quotation.

Opening a Credit Account

To open an account new Customers are requested to forward to the Seller three trade references and a banking reference. Orders will not be processed through the credit account until the Seller is satisfied with all credit references given.

Customers without a credit account are able to use Cash or Credit Card on collection.

Orders

All stock offered is subject to availability. 

Orders placed by Email or Fax. Phone or verbal  orders must be confirmed in writing within three days. 

The seller shall not be liable for the failure of electronic messaging imparting information from the Customer to the Seller.

Pricing

All prices are quoted ex. Nursery excluding V.A.T. Delivery charges will depend on:-

• Distance goods are to be delivered.
• Value of order.
• Physical nature of the order.

Packing will be free of charge.

Variations to the agreed credit period must be made in writing and agreed before collection/delivery of goods.

A 10% late payment surcharge will be added to invoices which breach the agreed credit terms.

Where for any reason the Customer requests a delay or withholds delivery or collection the Seller at their own discretion may charge for any costs arising.

Where the Seller is asked to attend site inspections which are not included in the tender they may at their discretion charge for any costs arising.

The Seller will take immediate legal action to recover any late payments or dishonoured cheques.

Receipt of Goods

The Customer is responsible for off loading goods. It is their responsibility to ensure adequate operators and equipment is available to perform such tasks and the equipment and operators comply with all current relevant legislation.

Where the Customer fails to provide relevant and appropriate equipment the Seller at his discretion shall be under no obligation to off-load goods. Any subsequent cost will be charged.

Where off-loading is delayed the Seller may, at his discretion may charge the Customer costs. These costs will be £30 to £50 per hour per vehicle depending on vehicles and staff involved.

Any dates and times quoted for delivery of goods by the Seller to the Customer should be deemed as approximate. The Seller shall not be liable for any delay however caused.

Payment

All prices quoted by the Seller exclude V.A.T. The sellers V.A.T. is 258 1678 29.

All accounts are to be settled in full by the due date stated on the invoice.

If the Customer cancels part or all of any order given and accepted by the Seller the Customer will then be liable to pay the Seller 40% of the value.

The risk in goods passes to the Customer upon delivery, but title to the goods shall remain with the Seller until full payment has been received, each delivery being considered as a whole.

The Seller reserves the right to withhold further supplies in the event of  agreed credit facilities being exceeded.

The Seller reserves the right to cancel any agreed credit facilities with any Customer not keeping to the agreed credit terms.

The placing of an order implies acceptance of the above terms.

Conditions of Purchase

The Seller shall supply the Customer in good time with any instructions or other information required enabling the Customer to accept delivery of the goods.

The Customer has the right to reject any good outside the agreed specification.

Risk of damage or loss of goods shall pass to the Customer upon delivery.

The Seller warrants the goods:-

• Will be of satisfactory quality and fit for purpose for which the goods are commonly supplied.
• Will, correspond with any relevant specification or sample.
• Services will be performed by suitably qualified and trained personnel.

The seller will at all times maintain adequate insurance cover.