General Terms

1) These conditions of Sale are incorporated into every order for plants from Country Herbs & Plants Ltd 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.

2) Any Contract of Sale is made on the assumption that plants of the variety and type specified in the Contract will be available at the date of dispatch and the Contract is conditional upon the availability of such plants at the time specified for dispatch. In the event of such plants not being available for whatever reason we reserve the right to substitute alternative varieties unless the purchaser specifically requests no substitutions.

3) The property in the plants will pass to the buyer when they are delivered to the buyer and the plants are at the buyer’s risk when the property so passes. Any damage or delay in transit should be notified to us in writing within 24 hours from the date of delivery.

4) All reasonable steps will be taken to ensure that delivery is affected at the agreed time but we cannot accept any liability for any loss arising from delayed delivery however it might be caused.

5) Country Herbs and Plants reserves the right to add any additional charges incurred through the transport company if the customer does not have a Container Centralen RFID tagged trolley to exchange on arrival.

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 (or a proportionate part of 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 in writing be given within 24 hours from the date of delivery 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. No exchange of product or credit will be given until the defective plants in question have been returned to Country Herbs & Plants Ltd in reasonable condition and within 5 days from the original date of delivery.

7) We try to ensure that the plants are 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 dispatch 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) Cancellations of orders for young plant material and rooted cuttings must be made as soon as possible and no less than 6 weeks prior to collection / delivery date. If Less than 6 weeks notice is given then 50% of the invoice value may be charged.

9) All prices issued are subject to alteration without notice, but will be notified prior to dispatch.

10) Unless otherwise agreed, payment is due 30 days from the invoice date. If payment is not received by the due date Country Herbs & Plants Ltd is entitled to cancel the contract or suspend any further deliveries and charge 2.5% per month from the date of the original invoice until payment in full is received.

11) On acceptance of our terms and conditions, we are authorised to maintain computer records regarding your company in relation to your business with us (in accordance with the Data Protection Act) and from time to time to send you faxed information regarding our products and availability unless written notification is given to the contrary.