Terms and Conditions of Sale
1. PLACING OF AN ORDER
1.1 Any quotation given by Christie-Elite Nurseries Limited (“the Company”) shall not constitute an offer and is only valid for a period of one calendar month from its date of issue.
1.2 All stock offered is subject to growth and availability at the time of receipt of the order. All orders must be placed in writing (email acceptable) and are only considered accepted when the Company generates a Sales Order Acknowledgement.
1.3 No responsibility can be accepted for errors arising from changes not notified to the Company in writing prior to despatch.
1.4 Orders not confirmed in writing will be fulfilled at the discretion of the Company.
1.5 All orders are governed by these Terms and Conditions of Sale. The Company reserves the right to ask the person or business (“the Customer”) to complete the order within a reasonable time frame. Catalogue prices are subject to amendment without notice.
2.1 Where credit facilities have been arranged; payment will be due within 30 days of the date of the invoice, unless otherwise agreed between the Company and the Customer in writing.
2.2 Interest on overdue payments will (at the Company’s sole discretion) be charged from the date when the payment becomes overdue at ten per cent above the base rate of the Bank of Scotland from time to time, until the date payment is received.
2.3 The Company shall be entitled to withhold further deliveries to the Customer where the Customer has failed to make payment of any invoice, instalment or any other account with the Company.
2.4 Orders made after 31st March in any year will attract a cold store surcharge for each week or part week after that date up to the date of delivery to the delivery location.
2.5 The Company shall be entitled to all the right of access to the Customer’s premises to enforce its rights hereunder.
3.1 The Company shall deliver (or make available for collection) the stock to the location set out in the order or such other location as the parties may agree.
3.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the stock that is caused by the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of stock, or not being available to accept the stock at the delivery location.
3.3 If the Customer fails to take delivery of the stock:
(ii) within three business days of the Company notifying the Customer that the stock is available, the Company may reclaim, resell or otherwise dispose of part or all of the stock and, after deducting reasonable storage, delivery, packaging and selling costs, account to the Customer for any excess over the price of stock or charge the Customer for any shortfall.
3.4 The Company may deliver the stock by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not allow the Customer to cancel any other instalment.
4.1 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
5.1 If an order is cancelled, either wholly or partially, the Company reserves the right to charge up to 100 per cent of the cancelled order value.
6.1 If an order is returned, either wholly or partially, the Company reserves the right to charge a restocking fee of 20 per cent of the item’s original purchase price.
7.1 Where discounts are offered, they will only be allowed one payment of account within 30 days or others agreed terms. A credit note will be sent to the Customer in order to satisfy VAT requirements.
8.1 Complaints cannot be entertained unless made in writing within seven days of delivery or collection.
8.2 No order may be cancelled without the Company’s prior written agreement. Any complaint must be communicated to the Company within two days of delivery of the stock and followed up in writing within seven days of delivery.
9. RISK AND TITLE
9.1 The risk in the goods shall pass to the Customer upon delivery (or collection by the Customer’s carrier).
9.2 The goods shall remain the property of the Company until payment is made in full.
10. WARRANTY AND LIABILITY
10.1 Whilst every effort is made to supply stock of the highest quality, no warranty expressed or implied is given as to description, quality, growth or productiveness.
10.2 Whilst every effort will be made to execute orders to the Customer’s satisfaction, no guarantee of completion by a fixed date can be given and no claim for any consequential loss will be accepted. Likewise, the Company cannot accept any liability for loss or damage arising from the use of any information supplied.
10.3 In all cases, the Company’s liability is limited to replacing the items at fault, or at its discretion, making an allowance not exceeding the amount charged for the goods in question.
10.4 No liability for consequential losses will be accepted.
11. FORCES MAJEURES
11.1 The Company will not be liable for any claim relating to our failure to supply, where this failure has arisen due to climatic, natural, accidental or any other causes beyond our control.
12. ACCEPTANCE OF TERMS
12.1 The placing of an order implies acceptance of our Terms which shall be governed by the laws of Scotland and shall have priority over any other conditions of purchase stated by the Customer.
12.2 Consignments must be carefully examined on receipt and complaints must be notified by telephone within two days and confirmed in writing within seven days.
13. RE-USE AND RECYCLING
13.1 We ask that trays and other items used to transport goods be returned (where possible) to avoid disposal costs.
14.1 For queries regarding website orders, please email email@example.com or contact Main Office on 01309 679866.
14.2 Queries relating to bulk or commercial orders, please contact firstname.lastname@example.org or contact Main Office on 01309 679866.