|CGJ Mathias & Son (Nurseries) and their online store www.hedgesonline.com
All orders are subject to these terms and conditions of sale and customers will be deemed to have accepted these terms and conditions when ordering.
Orders are taken on the understanding that we charge your account at the time when the order is taken even though it may not be possible to supply the order until a later date. You can cancel your order at any time prior to the order being prepared and you are entitled to a full refund unless otherwise agreed. It is the responsibility of the customer to supply a full delivery address when ordering. We cannot be held responsible for any delivery problems if the delivery address supplied is incomplete or incorrect.
Placing an order
All prices will be charged at the published price current at the date of order, unless otherwise agreed. We accept payment by debit or credit cards, or by bank transfer. Please note that we cannot accept card payments for deliveries that are being delivered to an address other than the address where the credit or debit card is registered. Please also note that for larger value orders, we reserve the right to request payment by bank transfer rather than card.
Neither party shall be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire or other event beyond the reasonable control of either party.
All disputes arising out of this contract shall be subject to the jurisdiction of the Courts of England and Wales.
Prices and availability
All goods are offered subject to crop and availability. Prices are correct at time of publication. Errors and omissions are excepted. No liability can be accepted for non-availability of plants
Photographs of Products
Photographs are for illustrative purpose only, and wherever possible are of the actual goods offered. Please note that all of our plants are living products and that their actual appearance may vary from the product photographs. No two plants are identical and so the product photographs are offered for illustrative purposes only.
Condition of Goods
Every endeavour is made to keep all stock free from all pests, viruses and other diseases, however as our plants are living products we can offer no warranty concerning the health of a plant once it has left our nursery. It is the customers responsibility to check the condition of the goods upon collection or delivery and if there is any concern, then the customer must notify us in writing within 24 hours of receipt of the goods. No liability can be accepted for any consequential loss or damage, costs, expenses or any other claim. All plants are believed to be true to name, however in the event that an error is made on our part and the wrong plant is supplied, then our liability shall not exceed the invoice price of the plant in question.
We operate a no-returns policy. However, any requests made in writing within 24 hours of receipt of the goods will be given consideration and consideration will only be given to containerised plants (and will, therefore, not be given to bare-root or root-balled plants). If returns are accepted, it will be the responsibility of the buyer to arrange for the plants to be returned to us at their own cost, and any returns will be subject to a 25% re-stocking fee of the invoiced value of the plants in question.
All of our plant prices are ex-nursery and therefore do not include delivery. Customers are most welcome to collect plants from our nursery by prior appointment. Alternatively, we can arrange delivery at an extra cost. Customers will be advised of this cost before payment is taken. Deliveries are either undertaken by our own transport or by a third party pallet haulage company. Deliveries are kerbside only and goods will only be delivered to where the vehicle can get to. Delivery drivers will not carry plants to the final point of planting but will simply unload them from the vehicle where they can safely do so. The delivery driver’s decision on where plants can be safely unloaded is final. We cannot accept any liability for any damage that may occur to the buyers property whilst undertaking deliveries. We undertake to agree mutually convenient dates for delivery and will do our utmost to ensure delivery happens on the specified day but we cannot accept any liability for delays in delivery.
We do not offer any guarantee on our plants. Our plants are supplied to you in good faith and every care is taken to ensure that they reach you in good condition. The success of your plants will depend on many factors including your soil conditions, appropriate aftercare by you, and an appropriate watering regime. These factors are beyond our control and therefore we cannot accept any responsibility in the unlikely event of any plants failing to establish once they have left our nursery. All of our plants are living products and therefore it is perfectly normal to expect some failures – failures are significantly more common with bare-rooted or root-balled plants. In our experience, the vast majority of failures are attributable to under watering or over watering and this can happen in short periods of time, particularly at drier times of the year. You should always seek professional advice on whether the plants you have chosen are appropriate for your site and how to look after them.
STANDARD CONDITIONS OF SALE
- “Buyer” means the person who buys or agrees to buy the Products from the Seller. 2. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. 3. “Delivery date” means the date specified by the Seller when the Products are to be delivered. 4. “Products” means those goods specified. 5. “Price” means the price for the Products. 6. “Seller” means CGJ Mathias & Son (Nurseries).
- The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic on-line ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
- Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
THE PRICE AND PAYMENT
- Save as provided otherwise herein the price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the price payable under the contract upon written notice.
- Payment of the price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the price even though property in the Products has not been passed to the Buyer. The Buyer will pay the price in full without discount (except any discount allowed by these terms) deductions, set off or abatement on any ground.
- Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above HSBC Bank base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
- The quantity and description of the Products shall be set out in the Seller’s quotation.
- The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
WARRANTIES AND LIABILITY
- In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
- The Seller does not provide any warranty cover against defects in his own right.
- Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
- In any event and despite anything contained in these conditions, in no circumstances shall the Seller be liable in contract, tort (including negligence or breach of statutory duties) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses (ii) for any loss of profit, business contracts, revenues or anticipated savings, or (iii) for any special indirect or consequential damage of any nature whatsoever.
TITLE AND RISK
- Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
- Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
- Until the property in the Products passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Products to the Seller and, if the Buyer fails to do so immediately, to enter any premises of the Buyer or any third party where the Products are stored and repossess the Products.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
REMEDIES OF BUYER
- Where the Buyer rejects any Products the Buyer shall have no further rights whatever in respect of the supply to the Buyer of those Products or the failure by the Seller to supply Products which conform to the contract of sale.
- Where the Buyer accepted any Products then the Seller shall have no liability whatever to the Buyer in respect of those Products.
INSOLVENCY OF BUYER
- This clause applies if: a) The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or, b) An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or, c) The Buyer ceases, or threatens to cease, to carry on business, or, d) The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
- If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control and the party shall be entitled to a reasonable extension of its obligations.
- Any notice required or permitted to be given by either party to the other under the conditions shall be in writing addressed to the other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
- Each party agrees to treat as conditional and not to divulge to any third party without the prior written consent of the other, details of the other’s business operations, proprietary rights and techniques, contemplated new products and customer lists. This obligation does not relate to information which is or becomes public knowledge through no fault of either party or has been properly obtained from a third party lawfully entitled to possess the information.
The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
If the Buyer fails to make any payments in accordance with the terms and provisions hereof the Seller, in addition to its other rights and remedies but not in limitation thereof at its opinion may defer shipments or deliveries hereunder upon receipt of satisfactory security or of cash before such shipments or deliveries resume.
The Seller shall not be liable for any costs claims damages or expenses arising out of any tortuous act or omission or any breach of Contract or statutory duty calculated by reference to profits income or accrual or loss of such profits income production or accruals or by reference to accrual of such costs claims damages or expenses on a time basis, to the fullest extent of the law.
No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
The Seller shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the products by normal routes or means of delivery through circumstances beyond its control including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply.
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
RIGHT OF PARTIAL REJECTION LIMITED Section 35 (A) of the Sale of Goods Act 1979 (as amended) shall not apply (there shall be no right to partial rejection.)”.
TERMS TO BE APPLIED WHERE THE BUYER DOES NOT ACT AS A CONSUMER Where the Buyer acts other than as a customer, for the purposes of Section 35 (2) of the Sale of Goods Act 1979 (as amended) the reasonable opportunity of examining the goods delivered under each Contract shall be five days upon delivery and Section 15 (A) of the Sale of Goods Act 1979 (as amended) shall apply.
PROPER LAW OF CONTRACT This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising shall be determined exclusively by the Country of England and Wales.