| Burston
Nurseries - Terms & Conditions:
1. DEFINITIONS
1.1 "The Company" refers to Burston Nurseries Plc.
1.2 "The Purchaser" refers to the party entering
into the contract of purchase with the Company.
1.3 "The Goods" refers to all goods which form the
subject of the contract between the Company and the Purchaser.
2. GENERAL
2.1 Orders are accepted subject to and the contract is conditional
upon availability at the time of despatch and confirmation
of order does not constitute guarantee of delivery. The Company
may at its discretion but subject to the Purchaser's approval,
substitute a variety which in its opinion is the nearest variety
available.
2.2 All orders are accepted subject to these conditions which
supersede any and all prior representations, agreements, statements
and understandings whether oral or written.
2.3 These conditions are to apply in conjunction with the
terms of financial settlement contained in clause 4.
2.4 No contract shall arise between parties unless and until
the Company have accepted an order in writing or, by agreement,
verbally from the Purchaser.
2.5 The giving or sending of an order by the Purchaser to
the Company constitutes acceptance by the Purchaser of all
these conditions.
2.6 Any typographical, clerical or other error or omission
in any document issued by the Company shall be subject to
correction without any liability on the part of the Company.
2.7 All descriptions, illustrations or colours in respect
of the Company's sales literature, catalogues and brochures
are so stated or shown as a general guide or description only
and the Company does not contract or represent that the Goods
will comply with any particular detail contained in such literature,
catalogues and brochures.
2.8 Whilst any advice given by the Company or its representatives
is proffered in good faith the raising of plants is affected
by many matters beyond the Company's control and the Company
shall not be liable for any consequences of any technical
information, recommendations, statements or advice furnished
by the Company, its servants or agents relating to the varietal
description and performance of Goods, even if proferred negligently.
2.9 It is also a condition of this contract that ownership
of the Goods shall remain vested on the Company until such
time as the Purchaser has paid for the said Goods in full.
3. DELIVERY
3.1 Delivery of the Goods shall be made by the Company delivering
to the address shown in the order or given verbally at the
time of ordering or by the Purchaser collecting the Goods
from the Company at a time agreed in writing or verbally between
the Company and the Purchaser. Any day or time quoted for
delivery is approximate only and time in particular shall
not be of the essence and the Company shall not be liable
for any delay in delivery of the Goods howsoever caused. The
Goods may be delivered by or collected from the Company in
advance of a quoted delivery date upon the Company giving
reasonable notice to the Purchaser.
3.2 The Company may at its discretion deliver the Goods by
instalments in any sequence and each instalment shall be deemed
to be a separate contract. No default or failure by the Company
in respect of any one or more instalments shall viti |