Terms and Conditions
1. New
customers are requested to give two trade references and bank reference, and to
send cash with first order.
2. All
varieties in our list are offered subject to availability at the time the
Company receives an order.
3. Prices
stated are wholesale ex-nursery and subject to change without notice. Prices are exclusive of V.A.T.
4. The
Company hereby reserves the property in any goods sold until payment of the
price therefore is received in full.
5. Payment
within 30 days of date of invoice. Interest
will be charged on overdue accounts at 3% per month compounded at monthly
rests. The time within which the buyer
is to pay for any goods shall be the essence of this contract.
6. Should
any unfulfilled order be cancelled by the buyer the company reserves the right
to demand liquidated damages, without having to prove its action, according to
the scale as follows:-
No. of days notice prior to 31st March Liquidated
damages expressed
(and
of “season” for which order was
received) as
% of value of order cancelled
90+ 30%
60-89 50%
30-59 75%
0-29 100%
(ii) Any time or date named by the seller for
delivery is given and intended as an estimate only and the seller shall not be liable to make
good any damage or loss whether arising directly or indirectly out of any delay in delivery.
(iii) The said goods shall be delivered by the Company
to the buyer at the buyers place of business or as otherwise requested PROVIDED
nevertheless that from the time of despatch hereof from the sellers premises and until such
delivery the risk of any loss or damage to or deterioration of the said goods from whatever cause
arising shall be borne by the buyer.
8. Complaints
must be made to us in writing within 7 days of the receipt of the goods by the
buyer. If the buyer shall fail to give
such notice the goods shall be deemed to be in all respects in accordance with
the contract and the buyer shall be bound to accept and pay for the same
accordingly.
9. No
responsibility will be accepted by the company for losses arising out of causes
beyond its control.
10. Any
description given of any goods is given by way of identification thereof only
and the use of such description shall not constitute a sale by description.
11. Notwithstanding
that a sample of any goods may be exhibited to and inspected by the buyer it is
hereby declared that such sample is exhibited and inspected solely to enable
the buyer to judge for himself the quality of the bulk and not so as to
constitute a sale by sample under the contract.
The buyer shall take the goods at his own risk as to their corresponding
with the sample or as to their quality of sufficiency for any purpose.
12. In
the event of war, invasions, act of foreign enemy, hostilities (whether war has
been declared or not), civil war, rebellion, revolution, insurrection or
military or usurped power the seller shall be relieved of liabilities incurred
under this contract wherever and to the extent to which the fulfilment of such
obligations is prevented, frustrated or impeded as a consequence or any such
event or by any statute, rules, regulations, orders or requisitions issued by
any government department, council or other duly constituted authority or from
strikes, lock-outs, breakdown of plant or any other causes (whether or not of a
like nature) beyond the sellers control.
13. The
proper law of any contract made with us shall be the Law of England.
14. Arbitration
Clause - Any dispute under the contract shall be referred to an arbitrator or
arbitrators to be appointed by the parties or in default of the agreement by
the President of the Horticultural Trades Association for the time being and
his or their decision shall be a submission to arbitration within the
Arbitration Act 1950 or any statutory modification thereof for the time being
in force.
15. Liability
- Whilst every care will be taken to ensure that customers instructions are
adhered to , the Company will not be liable for any incorrect pricing howsoever
caused. Responsibility will be limited
solely to the supply of a replacement correctly priced label, if requested.
16. Buyers
shall be deemed to accept the above Conditions as part of the Contract of Sale
by placing an order with us. None of the
above Terms and Conditions of Sale shall be deemed to be waived or modified
unless expressly agreed by us in writing.
CROWDERS NURSERIES - A
TRADING DIVISION OF W. CROWDER & SONS LIMITED.
LINCOLN ROAD, HORNCASTLE,
LINCOLNSHIRE LN9 5LZ
SIGNATURE......................................................................................
PLEASE PRINT.................................................................................
DATE................................................................................................
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