T&Cs

 

  1. DEFINITIONS

In these Terms and Conditions, the following applies:

  • “The Company” means Premium Plants Limited.
  • “The Buyer” means the person, firm or company who has placed an order with Premium Plants Limited.
  • “The Supplier” means the person, firm or company whom Premium Plants Limited purchases goods/services from.
  • “The Goods” means the goods sold or purchased.
  • “The Service” means the service offered or supplied.

The Conditions govern any sale or service supplied by the Company to the Buyer.

  1. QUOTATIONS
  • Any quotation provided by the Company shall be treated in strict confidence and seen as an invitation to accept and orders placed thereon are subject to acceptance by the the Company.
  • A quotation is valid for 30 days from the date it was created unless prior agreement was made by the Company.  A quotation may be withdrawn at any time.
  • Any quoted stock is subject to availability at the time of order. Prices should be expected to vary depending on stock levels especially during busy seasons.
  • For any unavailable stock the Company may offer substitutes and the Buyer is required to check that those are appropriate and acceptable.
  • All prices quoted exclude VAT and delivery charge is quoted separately.
  1. ORDERS
  • The Company will not process an order, arrange a delivery, nor buy in the Goods for the Buyer prior to receipt of full payment unless the Buyer has been granted a credit account facility by the Company.
  • The Company will be under no liability for any order received until the Company has accepted it.  Once the Company has accepted an order, the Buyer may only cancel or vary it with the prior permission of The Company. If the Company agrees to the change or cancellation, The Company has the right to compensation for any losses or cost incurred.
  • The Company reserves the right to substitute plants to the nearest available size and variety, unless the Buyer requests otherwise.
  • On occasion the Buyer may request for the Goods to be reserved, in which case a non-refundable deposit will be paid to the Company. The deposit will be agreed between the Buyer and the Company on individual basis.
  • The Company has the right to cancel or amend any quotation or order at any time until that particular order has been delivered. No Guarantee is given that the goods are available for immediate delivery.
  • The Company will charge a minimum of 30% of the sale price to restock any items returned, denied at the point of delivery, or cancelled after an order has been made on stock items
  • Orders for Goods which have to be grown or acquired especially for the Buyer, or which are put aside especially for the Buyer, may only be cancelled with the Company’s agreement in writing and on terms that the Buyer indemnifies the Company in full against all loss (including but not limited to loss of profit) costs, damages and expenses incurred by the Company as a result of cancellation.
  • The Company will charge in full any of its own and/or third-party delivery charges incurred. In a case where the Buyer cancels or postpones the delivery within 48 hours of its commencement, the Company will charge any third-party fees.
  • The Company reserves the right to decline any partial/split orders.
  • If the Buyer refuses to take a delivery or fails to collect the Goods, the Company has the right to charge the Buyer the full amount as though the Goods were received by the Buyer.
  • The Goods are to remain the property of the Company until the Buyer has made a payment in full including any delivery/packaging charges.
  • The Company has the right to invoice for any order which has been placed and the delivery booked in. If the Buyer delays the delivery, the Company will invoice as per original delivery date.
  • In a case when the Buyer delays the delivery or collection of the Goods, the Company has the right to charge the Buyer any costs incurred, such as handling and storage fees.
  1. DELIVERY
  • Delivery charge will depend on distance and the type of vehicle required.
  • Delivery to kerbside only. On occasions and only with prior written agreement, the Company may instruct its driver to help with moving the Goods to a preferred area, i.e. rear garden. The driver will only do that if secure parking can be provided for the vehicle.
  • The Company will aim to deliver on agreed date, however the Company accepts no liability for any delay.
  • Only one driver is sent to carry out deliveries unless prior agreement of otherwise has been made at extra cost. For heavy or bulky Goods, the driver will require assistance in way of extra labour. The Buyer is responsible for providing and paying for any labour and/or machinery required to assist with the safe unloading.
  • The Company may deliver the Goods in more than one instalment.
  • The Goods can be collected from the Company with prior agreement and within a short timescale.
  • The Buyer is to make sure that there is enough safe and legal space for the Company’s vehicles to unload. Alternatively, the driver has the right to refuse to carry on with the delivery. The Company reserves the right to pass on liability for all penalties/fines incurred whilst carrying out the delivery.
  • The Company will not accept liability to damage of any Goods if appropriate assistance or equipment is not provided by the Buyer. The Company will provide help in organising third-party assistance and machinery if requested by the Buyer in advance with enough notice which would not cause delay.
  • Most deliveries will be organised while the Goods are being prepared, therefore in the unlikely event that there is problem or a delay, the delivery date may have to be changed. If this occurs the Company will inform the Buyer as soon as possible. The Company shall not be liable for any losses to the Buyer.
  • The Company has the right to charge the Buyer any waiting time where offloading is delayed for any reason.
  • Where the Company delivers Goods to the Buyer in returnable containers the containers must be empty when made available for collection. The Company has an absolute discretion to either not collect containers which contain rubbish or waste material, including packaging and pots, or to collect and charge the Customer for disposal of the contents, at a minimum rate of £20.00 per container.
  • If the Company delivers on Danish trolleys, these must be emptied and returned to the driver without any delay.
  1. GUARANTEE AND LIABILITY
  • The Company will give no warranty as to the growth or productiveness of the Goods supplied.
  • If any of the Goods do not comply with The Company’s usual standards and specifications and the Buyer notifies the Company within 48 hours of receiving the Goods, The Company will, at its reasonable option replace or refund the appropriate part of the price or take back that part of the Goods.  Any Goods replaced by The Company shall become the property of The Company and shall be held by the Buyer to the order of The Company.
  • The Company shall not be liable for any of the following:
  1. Consequential loss.
  2. Any excess in total claims over the contract price.
  3. Statements, recommendations, advice, or assistance which it was not contractually bound to provide.
  4. Any losses caused by delay.
  5. Any loss which the Company is precluded from recovering from a carrier by reason of the Buyer’s failure to give the notice necessary for such recovery.
  6. Any alleged defect in the Goods which the Buyer or any person acting on its behalf shall have rectified or attempted to rectify.
  7. Any failure or delay in the performance of its obligations caused by any circumstances beyond its reasonable control.
  8. Damage caused by misuse or non-compliance with instructions set out in the Company’s instructions (if any).
  • The Company does not exclude or limit liability for death or personal injury arising from negligence.
  • The Company will deliver with the Goods a delivery note and unless the contents of the note are disputed by the Buyer within 24 hours after the date recorded upon it the particulars shown upon it shall be conclusive against the Buyer.
  • Any description of goods appearing in the Company’s advertising or in a catalogue or literature produced by the Company is given by way of identification only and the use of such a description shall not constitute a sale by description.  In so far as information contained in such advertising, catalogue and literature has been compiled from information supplied to the Company by any other party the Company accepts no responsibility for its accuracy.
  • Where the Goods supplied are living plants, the Company cannot accept liability for what happens after the plants have been collected or delivered. The Buyer must have appropriate knowledge of the environment and conditions for where the plants are planted, i.e. irrigation, type of soil, incorrect plant selection, incorrect planting practices, out of season planting, aftercare. The Company is unable to investigate and advise on the incorrect practices if the Buyer fails to inform the Company immediately when signs of suffering of a plant occurs. Some plants more than others may show signs of stress by being replanted and due to change in environment. The Buyer is expected to have extensive knowledge of the plants purchased.
  1. SUPPLY OF GOODS TO PREMIUM PLANTS LIMITED
  • Prior agreement to be made between the Company and the Supplier of who is authorised to request the supply of the Goods. In most cases this will only be a senior person from the Company. Any purchasing is to be made using purchase orders in written form.
  • Any Goods supplied to the Company by the Supplier are to be true to name, healthy, correct size/form and free from pests and diseases. The Supplier must inform of any substitutes prior to delivery with as much notice as possible and only supply these with prior agreement.
  • The Company has the right to refuse any Goods upon delivery or collection. The Company will give a reason and in most cases it would be due to damaged, poor quality, late delivery or wrong size Goods. The Supplier is to be liable for any charges for collecting the refused Goods and any handling/storage fees that may occur. The Supplier will refund in full the cost of the Goods refused and any packaging.
  • The Supplier must inform the Company in advance of estimated time and date of their delivery, the type of vehicle and the type of packaging used.
  • The Goods are to be delivered by a professional driver. The Supplier will be liable to pay for any damage caused by incompetent driving or any re-delivery that may need to be carried out if the driver is unable to reach the destination and safely unload. The Company is to make sure the delivery site is accessible by the same type of vehicle. In most cases this means that a similar size vehicle previously (or since) was able to carry out a delivery in a safe and legal manner.
  • The Company will provide machinery and assistance for a safe unloading. In circumstances where the Goods are particularly large or heavy, the Supplier should inform the Company of this in order to be able make appropriate arrangements.
  • If the Supplier charges for packaging, i.e. wooden pallet boxes, plastic crates etc; the Company has the right to request to be credited if the packaging is damaged or of poor quality at the time of delivery or collection. The Buyer may wish to collect such packaging; however, the Buyer must let the Company know immediately in order to avoid of it being disposed of.
  • Occasionally the Company may request a timed delivery by the Supplier. If such agreement has been made, the Supplier is to be liable for any costs incurred as a result of any delays or in a case of the delivery vehicle arriving early, the Supplier is to pay the delivery company their waiting charges.
  • The Supplier is required to load their trailers in a way that makes it for an uncomplicated unloading. For instance, the Company should not be expected to unload and reload goods intended for another client in order to get to its Goods. Additionally, other clients should not be unloading/loading the Goods intended for the Company as it increases the risk of the Goods being damaged.
  • Should the Supplier fail to deliver, or the Company refuses to accept any Goods for the above-mentioned reasons, the Supplier is to re-deliver the Goods and the Supplier to meet the added costs.
  1. NON-COMPLIANCE OF CONTRACT
  • The Company shall be excused for non-delivery or delay in delivery directly or indirectly caused by or resulting from by, events or circumstances beyond the Company’s reasonable control (such as but not entirely, strikes, trade disputes, supplier delays, travel delays, whether of the Company’s employees or suppliers’ employees).  In the event of any deliveries being so suspended, or delayed, the period of contact shall be correspondingly extended, or if deliveries are suspended for one month or more either party may, by notice in writing to the other, cancel the contract whereupon the Company shall either issue a credit note or invoice as appropriate, in any amount equal to an equitable portion of the total contract price.
  1. PAYMENT
  • All accounts are strictly net and must be paid by a method approved by the Company no later than the agreed timescale after the date of invoice when a credit account exists.  However, the Company has the right at their sole discretion to refuse credit to the Buyer. The Company will regularly review the Buyer’s credit account and may without prior notice reduce or terminate the facility. The Company will notify the Buyer immediately of any changes to their credit facility.
  • The Company will be entitled to:
  1. Charge interest on any overdue amount from the date of which payment was due to that on which it is made on a daily basis at the rate of 8% p.a. above the basic rate set by the Bank of England.
  2. Recover from the Buyer all legal and Debt collection Agency costs which may have been incurred whilst recovering monies due on overdue accounts.
  3. Cancel any outstanding deliveries to the Buyer.

 

  1. TITLE
  • For the purpose of section 12 of the Sale of Goods Act 1979 the Company shall transfer only such title or rights in respect of the Goods as the Company has and if the Goods are purchased from a third party shall transfer only such title or rights as that party had and has transferred to the Company.
  • Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Company and shall not pass to the Buyer until the Customer has paid the price of the Goods in full including delivery charges and VAT and no other sums whatsoever are due from the Customer to the Company.
  • Until title passes the Buyer shall hold the Goods as bailee for the Company and shall (at no cost to the Company) store or mark them so that they can at all times be identified as the property of the Company.
  • The Company may at any time before title passes and without any liability to the Buyer:
  1. repossess and remove and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
  2. (for that purpose or determining what if any goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
  • The Company may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
  1. ASSIGNABILITY
  • The Buyer may not assign or part with its interest in this contract.
  • The Company may delegate or sub-contract its duties under this contract but shall, despite such delegation or sub-contract, remain liable to the Buyer for the full performance thereof.

 

  1. INTERPRETATION
  • These Conditions shall be interpreted in accordance with the laws of England and Wales and any dispute hereunder shall be subject to the exclusive jurisdiction of the Courts of England and Wales.