1. This catalogue replaces all previous issues.
2. These Conditions of Sale are incorporated into every order for
plants advertised in this catalogue 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.
3. Any Contract of Sale is made on the assumption that plants of the
variety and type specified in the Contract will be available on 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.
4. The property in the plants will pass to the buyer when we deliver
them to the buyer and the plants are at the buyer’s risk when the
property so passes.
5. 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 may be caused.
6. 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 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 be given in seven days 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.
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7. We try to ensure that the plants are reasonably 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.
8. All prices are subject to alteration without notice.
9. We reserve the right to sell at reduced rates should a surplus
occur at any time.
10. Varieties listed with Royalties Payable as required by the Respective
Plant Breeders, and are fully protected under Plant Breeders’
Rights Act. The placing of an order for these protected varieties
constitutes an acceptance of the conditions of the Plant Breeders’
Rights scheme. Propagation is not permitted without a licence
agreement. The appropriate royalty as detailed under each variety
list will be added to the price charged for these varieties. The
Breeder or his representative has the right to inspect your premises
and / or your books to verify that no illegal propagation has
taken place. |
