TERMS APPLICABLE TO DOING BUSINESS WITH KINGSDOWN NURSERIES (TRADING AS STEWARDSHIP HEDGES)
Stewardship Hedges are a trade only supplier and do not supply to the general public.
These terms and conditions apply to the contract that is formed between Stewardship Hedges and your company when you purchase goods from us. The contract is made up of these terms and conditions, the quotation, your order and our acceptance.
When you place an order for goods, each order constitutes a separate offer by you to purchase the goods in accordance with these terms and conditions.
Quotations do not constitute an offer and are valid for 30 days from the date of issue.
Your order shall be deemed to be accepted when we confirm acceptance of it by email, at which point a legally binding contract is formed. From this time you are contractually bound to purchase the goods ordered.
You are responsible for ensuring that the order is complete and accurate.
Prior to accepting your order, we reserve the right to vary specifications and prices without notice. It is the responsibility of the purchaser to determine the exact price of each item at the point and time of purchase.
Prices shown on the website are exclusive of VAT which is payable at the prevailing rate when you proceed to checkout.
Delivery is charged at a flat rate. This can be varied without notice at our discretion.
All amounts due under the contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than as required by law).
Payment can be made by PayPal or via Stripe.
Please note that the VAT invoice will be provided following despatch of the goods.
In the event of the existence of an overdue account, we reserve the right to withhold future deliveries until such time as all outstanding accounts have been paid.
Items will not be held in pursuance to an order for more than 30 days without payment being made.
Title to the goods does not pass to the purchaser until payment is made in full of the amount on the Invoice.
Deliveries will be off-loaded at the roadside. If the customer orders the delivery vehicle off the public highway this will be at the discretion of the driver and entirely at the customers’ risk.
We will use all reasonable efforts to fulfil any delivery dates but time is not of the essence and timeframes are estimates only.
All goods are to be checked and signed for by the purchaser and any complaints regarding quality, size or quantity should be made in writing within 48 hours delivery/collection. The purchaser must at all times make sure that the items are suitable for their use and meet with their requirements and purpose, and we cannot be held responsible in any way in that regard. The purchaser is fully responsible for the health, care, maintenance and welfare of all plants after delivery.
We provide the following guarantee:
We guarantee to supply stock that is structurally sound, healthy and true-to-type. If we get this wrong, we will supply you with free replacements or a refund as long as you let us know within 48 hours of delivery/collection.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded from the contract to the fullest extent permitted by law. Stewardship Hedges obligation to refund or replace goods is limited to the terms in the above guarantee. We do not accept return of non-faulty goods.
Where an event outside our reasonable control hinders or prevents us from performing our obligations fully or partly, we will not be liable for the failure or delay and we shall be permitted an equivalent extension of time. If the delay or failure continues for more than 30 days, you shall be entitled to terminate the contract and receive a refund.
Nothing in the contract limits any liability which cannot legally be limited including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 or defective products under the Consumer Protection Act 1987. Subject to the foregoing:
the following types of loss are wholly excluded: loss of profits/sales/business/contracts, loss of anticipated savings, loss of or damage to goodwill, wasted costs and indirect or consequential loss.
Our total liability to you shall not exceed the value of the order.
These terms and conditions refer to Stewardship Hedges’ entire liability to you arising under or in connection with the contract including for negligence.
The contract sets out the entire agreement between us and neither party relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation.
No variation of this contract shall be effective unless it is in writing and signed by both parties.
The contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
The relationship between us is governed by English law and any dispute is subject to the exclusive jurisdiction of the courts of England and Wales.