> Terms and conditions of use

Terms and conditions of use

Points to be Aware of:

Deliveries

Please notify us of any shortfalls on, or damage to the goods delivered within 24 hours of receipt. As you will appreciate, once you have accepted delivery, you will be responsible for the care and quality of the goods. In addition, you will appreciate we cannot be held responsible for any consequential loss suffered by you, or your customers, arising out of any representation or implied warranty etc., made to you. This is in accordance with established trade practice and custom.

Payment

The catalogue price of all goods excludes VAT at the appropriate rate. Payment must be made to us on delivery unless a credit account has been approved. Credit account customers shall pay within 30 days from the date of invoice, unless otherwise agreed with us in writing.

Terms and Conditions of Sale

General

These conditions of Sale are incorporated into every order for plants from K.R.N. House & Garden Plants 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.

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.

The sending or giving to us of an order constitutes an offer which we may accept or decline to accept.

Title and Risk

Risk of damage to or loss of the goods shall pass to you:-

    • in the case of Goods to be delivered to your premises at the time of delivery or at any time when we notify you that the Goods are available for collection: or
    • in the case of goods to be delivered otherwise than at your Premises at the time of delivery or at the time when we notify you that the Goods are available for collection; or
    • if you wrongly fail to take delivery or fail to collect the Goods at the time when we have tendered delivery of the Goods or notified you that the Goods are available for collection.
    • You shall notify us in Writing of any damage to the Goods or short delivery of the Goods within 24 hours of delivery of which time shall be the essence of the Contract and in the absence of such notification we shall not be liable for any damage to the Goods or short delivery of the Goods.
    • Notwithstanding delivery and passing of the risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full for the price of the Goods and all other Goods agreed to be sold by us to you for which payment is then due.
    • Until such time as the property in the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee and shall keep the Goods separate from your own and those of third parties and properly store, protect, insure and identify them as our property. Until that time you shall be entitled to use the Goods in the ordinary course of your business but shall account to us for the proceeds of sale or otherwise of the Goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any monies belonging to you and third parties. Until such time as the property in the goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Goods to us and if you fail to do so forthwith to enter upon any premises of yours or any third party where the Goods are stored and repossess the Goods.

Complaints

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 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 K.R.N. House & Garden Plants in reasonable condition and within 7 days from the original date of delivery.

Pest and Disease

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 if the presence of such disease or infection is 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.

Delivery

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

Cancellation

You cannot cancel any order which has been accepted by us except with our agreement in writing and on terms that you shall indemnify us in full against all losses (including loss of profit) and damages charges and expenses incurred by us as a result of cancellation.

Prices

All prices issued are subject to alteration without notice, but will be notified prior to dispatch. The price is exclusive of any applicable Value Added Tax which you shall be additionally liable to pay to us.

Terms of Payment

Unless otherwise agreed in writing, payment is due within 30 days of the date of the invoice. If payment is not received by the due date K.R.N. House & Garden Plants is entitled to cancel the contract or suspend any further deliveries and charge interest at 2½% per month from the date of the original invoice until payment in full is received.

If any cheque is returned by the bank after presentation or re-presentation of it for payment any bank charges incurred by us together with a handling charge shall be reimbursed to us by the buyer.

Danish Trolleys

Goods may be delivered to you by way of Danish Trolley and shelving. The corresponding numbers of trolleys and shelves must be made available for us to be taken by us on a like for like basis. We reserve the right to make a charge for hire and use of any such trolleys and shelving should you fail to exchange the correct amounts.