Terms and Conditions
With over 20 years of experience supplying amazing horticultural products to everyone from professional landscapers to home gardeners throughout Somerset and the South West, Woodland Horticulture is committed to offering you an honest and reliable service. We deliver many of our products throughout the UK, including topsoils, mulches and our LECA aggregates. Please read on for our terms and conditions to make sure you order correctly from Woodland Horticulture.
1.1 Woodland Horticulture Ltd (Hereinafter referred to as Woodland) will sell goods and the buyer will purchase goods subject only to the conditions set out hereunder unless previously amended in writing by Woodland.
1.2 Samples of goods offered are selected at random, sent in good faith, but are a visual guide only. There is no express or implied condition that the goods supplied will be identical or similar to the samples supplied. If there shall be any discrepancy between a specification and a sample, then the description contained in the product information sheet shall prevail.
1.3 All quotations are void unless accepted within thirty days of utterance, unless previously agreed in writing with Woodland. Woodland reserves the right absolutely to pass onto the purchaser any unexpected increase or decrease in the cost of providing the goods required by the buyer.
2.1 Each delivery or consignment shall stand as a separate contract. Failure or delay in one delivery shall not invalidate the contract as a whole, or enable the buyer to defer payments for any previous or future delivery. Any dates given are approximate and time shall not be of the essence unless previously agreed with the seller in writing.
2.2 Woodland may supply material in its own vehicle or in a vehicle specially hired for the purpose. The buyer must ensure that all sites where the vehicle(s) is/are to discharge bulk materials are safe for them to operate.
2.3 No liability will attach to Woodland in the event that unsuitable or unsafe sites for deliveries are damaged when delivery is made. The buyer accepts absolutely and will reimburse Woodland for any damage occasioned to the vehicle used for delivery if such damage is caused by an unsuitable of unsafe site. The delivery vehicle will not be moved from the road, hardstanding or other suitable offloading site unless the driver is specifically requested to do so by the purchaser or his agents. In the event that such a vehicle move is requested and the driver agreed (see paragraph 2.6 below), the buyer will be responsible for any damage to the vehicle or the site that may be caused.
2.4 Woodland allows the buyer one hour free of charge in which to find a safe site for the vehicle to be off-loaded. Delays beyond this period of time and not of Woodland’s making will be charged at £50 per hour or pro rata.
2.5 Goods requiring special appliances for unloading (e.g. fork lift truck) from the delivery vehicle are delivered only on the understanding that such appliances are made available by the buyer at the destination.
2.6 The driver of the vehicle delivering products belonging to Woodland has total right of judgment on the safe discharge on any site.
3.1 Claims based upon those defect of quality, quantity or condition which should be apparent on reasonable examination, shall be made immediately known by telephone, facsimile or e-mail to Woodland and written confirmation dispatched within three business days of arrival of the goods at the destination to which they have been consigned. In the event of no written complaint being made within the allocated time, the buyer will be deemed to have accepted the material as satisfactory for his purpose.
3.2 Woodland will make every effort to supply materials strictly in accordance with the quality or specification ordered. If any of the materials supplied are proved to be defective or not of the correct quality or specification ordered, the liability of Woodland shall be limited to the free replacement of materials shown to be unsatisfactory.
3.3 In no circumstances will the company be liable for consequential loss or damage caused or arising by any reason or any fault in the goods or materials supplied and it is specifically declared that defects which become apparent only after the good have been used will not entitle the customer to any claim in excess of the invoiced price of the materials supplied.
3.4 All pallets supplied with Woodland’s products are supplied free of charge. The buyer will use or dispose of these pallets as they feel fit without cost or recourse to Woodland.
4.1 The property of any goods supplied by Woodland shall not pass to the buyer until Woodland has received payment in full; (a) for the goods supplied (b) for all other goods the subject of any other contract between the seller and the buyer which at the time of payment of the full price of the goods supplied, have been delivered to the buyer, but not paid for in full.
4.2 Any goods supplied or to be supplied to the buyer shall nevertheless be at the buyer’s risk from the time that Woodland notifies the buyer that the goods are available for collection or from the time of delivery, whichever is earlier.
4.3 In the event that the buyer is in default of any payment to Woodland or announces that it is ceasing to trade, suspends payments and/or notifies any of its creditors that it unable to meet debts or that it is about to suspend payments of its debt or enters into a composition or arrangement with or makes any assignment for the benefit of its creditors or a receiver is appointed of the buyers property or assets or any other part thereof or that a court order is made or a resolution passed for the winding up of the customer (being a limited company) except for the purposes of reconstruction or amalgamation or that the buyer commits any act of bankruptcy, Woodland consents to the buyer’s possession of Woodland’s goods shall cease, and Woodland shall be entitled forthwith to enter the buyer’s premises and to repossess its goods.
4.4 In the event that before the property in the goods has passed to it, the buyer resells the same, such resale shall be treated as a sale by the buyer as Agent for Woodland and the buyer shall be liable to account to Woodland for the proceeds of all such sales. Upon paying all his indebtedness to Woodland, the buyer shall be entitled to retain the balance (if any) of such proceeds as its agreed commission of the sale. The proceeds of sale of such goods by the buyer when acting as agent for Woodland shall be placed by the buyer in a separate bank account for the benefit of Woodland.
4.5 Without prejudice to the buyer’s continuing obligation to pay Woodland for any goods he has resold prior to making such a payment, the buyer, if he does not receive the proceeds of such resale will, if so requested by Woodland, transfer the rights of recovery he may have against the purchaser. Woodland undertakes to account to the buyer any sums received from the sub-purchase in excess of amounts due by the buyer to Woodland.
5.1 in the event of the buyer failing to accept deliveries or failing to pay for the storage of the material (whichever is its duty under the contract) by the last day of the contract period otherwise than as a result of force majeure, the quantity not delivered against the mean contract shall be deemed in default.
Woodland may: a) sell the goods at the market price for the account of the buyer and may charge rent, interest and any other reasonable expenses and deduct these from any sum so realized prior to paying any balance over to or claiming any shortfall from the buyer, or b) claim damages to be settled in arbitration or determined in litigation; such damages not to exceed the difference between the contract price and the market price on the day of default, this being the day after the last day of which the contract could have been performed.
6.1 All good will be quoted for and priced net. VAT will be added at the rate prevailing at the date of the invoice when rendered.
6.2 Payment is due on the date 30 days from month end. This date will be referred to as the due date. If, after the due date any amount due shall remain unpaid, Woodland may, having so informed the buyer in writing and at his sole discretion discount that has been allowed will be disallowed and the full invoice price will be due.
6.3 Any option granted by Woodland to the buyer under this clause whether expressed to be credit charge interest or otherwise is granted without prejudice to Woodland’s right to demand immediate payment of the full or any lesser amount together with any credit charge and interest accrued after the due date.
7.1 It is understood that where Woodland is supplying spent mushroom compost, fragmented bark, wood particles or organic materials, the quantities supplied shall not be measured by weight but by volume. Any variation in weight within normal commercial limits will not justify a complaint in respect in shortfall in the delivery and no price reduction will be made in respect thereof.
7.2 The volume supplied is measured at the loading point by Woodland according to a standard procedure, specific details of which are available on request.
8.1 Woodland will be entitled at any time to require a buyer to provide financial status and/or security for purchase price unpaid and in the event of a buyer being unable to provide suitable references and guarantees or security, Woodland will be entitled to withdraw from any existing contracts without liability.
9.1 In the event of war, invasion, act of a foreign enemy hostilities, (whether war has been declared or not) civil war, rebellion, revolution, insurrection or military or usurped power, the seller shall be relieved of liabilities incurred under this contract wherever and to the extent to which the fulfillment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by any statute rules, regulations, orders or requisitions issued by any government department, council or other duly constituted authority or from strikes, lock outs, breakdowns of plant or any other causes, (whether or not of a like nature) beyond the sellers control.
All disputes, differences or questions at any time arising between the parties as to the construction of the contract or as to any matter or thing rising out of the contract or in any way contacted therewith shall be rendered to the arbitration of a single arbitrator who shall be agreed between the parties or who failing such agreement shall be appointed at the request of either party by the National Chairman of the British Association of Landscape Industries (BALI). Costs of any such any arbitration to meet equally between the parties. The arbitration shall be in accordance with the Arbitration Acts 1950 to 1979 or any statutory modification of re-enactment thereof.