TERMS & CONDITIONS
1. This list cancels all previous lists, and its terms apply to the exclusion of any terms originating from the Customer.
2. All items listed are subject to availability and after acceptance of an order are subject to satisfactory crop growth.
3. Prices quoted are price each and exclusive of V.A.T.
4. We reserve the right to review our prices at any time. In any such event, a Customer will be notified of any price changes to their order.
5. The minimum total order we will accept for delivery is £700.00 ex V.A.T, unless customer is able to collect.
6. New customers will be asked to submit payment prior to delivery of first order. Customers wishing to open an account will be asked to complete a credit application form and provide satisfactory trade references.
7. Prices include delivery. Orders totalling under this amount within 100 mile radius of Wisbech will be charged transport charges at cost per trolley.
8. Payment of all invoices are collected by Direct Debit. By agreeing to these terms and conditions you are agreeing to Jasmine Nursery Ltd giving GoCardless your email address to send a link to set up the direct debits. Alternatively, we can use proforma invoices to supply your orders.
9. If the customer cancels their order (in whole or part) prior to delivery, Jasmine Nursery Ltd shall be entitled (without prejudice to any other rights) to charge an additional sum to cover the costs incurred, up to the date of cancellation.
10. Risk of any orders dispatched by Jasmine Nursery Ltd will pass to the Customer on receipt of the goods. Therefore, complaints must be registered in writing within seven days of this date.
11. Where delivery is made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the seller in respect of any one delivery shall not entitle the buyer to repudiate the contact or any instalments remaining to be delivered there under.
12. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the buyer until Jasmine Nursery Ltd have received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by Jasmine Nursery Ltd to the buyer for which payment is then due. a) Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as Jasmine Nursery Ltd fiduciary agent and bailey and shall keep the goods separate from those of the buyer and the third parties and properly stored, protected and insured and identified as Jasmine Nursery Ltd property. Until that time, the buyer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to Jasmine Nursery Ltd for the proceeds or otherwise of the goods, whether intangible or tangible, including insurance proceeds and shall keep all such proceeds separate from any monies or property of the buyer and third parties and, in the case of tangible proceeds, properly stored, protect and insured. b) Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not been resold) Jasmine Nursery Ltd shall be entitled at any time to require the buyer to deliver up the goods to Jasmine Nursery Ltd and, if the buyer fails to do so forthwith, to enter upon the premises of the buyer or any third party where the goods are stored and repossess the goods. c) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of Jasmine Nursery Ltd but if the buyer does so all the monies owed by the buyer to Jasmine Nursery Ltd shall (without prejudice to any other right or remedy of Jasmine Nursery Ltd) forthwith become due and payable.
13. Jasmine Nursery Ltd reserve the right to withhold deliveries to any Customer who has failed to settle any outstanding sum on their account.
14. Jasmine Nursery Ltd shall not be liable for damage or loss caused as a result of any occurrence beyond the Company’s control.
15. Whilst every effort is made to ensure that plants dispatched are of first grade quality and true to name, should a claim result, Jasmine Nursery Ltd liability shall not exceed the invoice price of the goods in question.
