1. Definitions:
Delivery charge means the charge for carriage or delivery of goods to the purchaser in addition to the contract price being the sum given in writing the on the quotation or Walkers Nurseries Chester Ltd publishes price at the date of delivery.
2. General:
2.1 This agreement is made between Walkers Nurseries Chester Ltd and the purchaser.
2.2 This price list cancels all previous lists
2.3 We, Walkers Nurseries Chester Ltd reserve the right to invoice up to 20% of the value of the goods reserved but not cancelled off within the time of supply of any contract.
2.4 Order cancelations must be made in writing and received by Walkers Nurseries Chester Ltd no less than 48 hours be-fore the due delivery time.
3. The Basis of Sale:
3.1 These conditions apply to all contracts for the sale of gods by Walkers Nurseries Chester Ltd to the purchaser to the exclusion of all other Terms and Conditions which the purchaser may purport to apply under any purchase order, confirmation of order or any similar document.
3.2 Time is not of the essence of the contract or a term of contract. We will note liable for delays in delivery or any loss, consequential or otherwise, that may occur as the result of any delay. We will do our upmost to fulfil any delivery dates and times.
3.3 Transport: Danish Trolleys and Shelves
All trolleys and shelves have a minimum value to Walkers Nurseries Chester Ltd and will be charged to Purchasers not returning empties at the current container prices listed below:
cc & tagged trolleys £149 + VAT (green cc plate and tag)
non cc trolleys £99 + VAT
shelves £15 + VAT
Returns must be ratified by an employee or representative of the Company.
3.4 Acceptance or delivery of the goods shall be deemed conclusive evidence of the purchasers acceptance of these conditions.
4. Specifications and Fitness for Purpose:
The purchaser must at all times make sure that the items are suitable for their use and meet with their requirements, we cannot be held responsible in any way in that regard. We are not responsible for the growth or in any way the performance of the item. The purchaser is fully responsible for the healthcare, maintenance and welfare plans after acceptance of delivery.
5. Price:
5.1 We reserve the right to vary prices without notice. It is the responsibility of the purchaser to determine the exact price of each item at the point and time of ordering.
5.2 VAT is added to all prices and will appear on the invoice.
5.3 All plant prices are delivered prices, any delivery charges are by mutual agreement.
6. Payment Terms:
6.1 Walkers Nurseries Chester Ltd payment terms for purchasers with an approved credit account is strictly 30 days net monthly.
6.2 All legal or other costs incurred in collecting unpaid cheques, cash or credit transitions will be charged to the purchaser.
6.3 New customers are required to pay their amount in cash, bank transfer, cheque or by debit card which would require 3 days clearance before delivery/collection. Only exception would be govern-ment bodies and public institutions, unless otherwise agreed.
6.4 New accounts will only be opened subject to Walkers Nurseries Chester Ltd obtaining a satisfactory, comprehensive status report. Credit limits will be established on all accounts.
6.5 The purchaser placing the order with Walkers Nurseries Chester Ltd shall be responsible for payment in full of any order supplied by Walkers Nurseries Chester Ltd.
6.6 Walkers Nurseries Chester Ltd reserve the right that, should there be insufficient finds to meet all financial liabilities, the directors/owners are liable to meet such deficits personally.
6.7 In the event of an outstanding account Walkers Nurseries Chester Ltd reserve the right to withhold deliveries until al outstanding accounts are paid.
6.8 If the purchaser fails to make payment on the due date then without prejudice to any of the right or remedy available to Walkers Nurseries Chester Ltd then:
6.8.1 Walkers Nurseries Chester Ltd shall be entitled to:
i) Cancel the contract or suspend any further deliveries to the purchaser.
ii) Charge the purchaser interest on the amount unpaid at a rate of 4% annum above HSBC Bank base rate from time to time or the rate specified in the Late Payment of Commercial Debts (Interest Act) 1998 whichever shall be higher.
iii) Claims reasonable compensation for debt recovery costs as specified in the Late Payment of Commercial Debts Regulations 2002.
6.8.2 The purchaser will be liable for any costs and expenses incurred in enforcing any clause of this agreement.
6.8.3 Purchaser will be liable to pay for all goods delivered by Walkers Nurseries Chester Ltd and any credit terms will be withdrawn.
7. Claim for Defect:
All consignments are to be checked and signed for by the purchaser and any complaints regarding quality, size or quantity should be made in writing within 24 hours of delivery.
Walkers Nurseries Chester Ltd, Aldford Road, Huntington, Chester, CH3 6EA
Telephone +44 (0)1244 320731 email: sales@walkersnurseries.co.uk