Terms and conditions
TERMS OF SALE
DEFINITIONS
The Company British Flora a trading name of Salix River & Wetland Services Ltd
Materials All tangible materials to be supplied by the company or incorporated into the works
Customer The party who places the order which is accepted by the company.
The Works Any installation or services or build to be undertaken by the company.
Order The order placed by the customer with the company for the provision of materials or works
THE CONTRACT
All orders placed by the customer are accepted by the company on these terms. Any alterations or variations to these terms must be agreed in writing by the company.
Quotations produced by the company are invitations to treat only. Orders received by the company will not have any contractual effect until accepted by the company.
The company may accept or decline orders placed by customers at its sole discretion.
Orders are valid for 60 days from date of written order being received (see cancelled/delayed orders for further terms)
The company’s quotation/prices are based on the extent of works as detailed in its schedule of works. No other works are included unless otherwise agreed in writing.
Quotations/prices are valid for 30 days.
PRICES AND PAYMENT
All prices stated by the company are net and exclusive of VAT and delivery unless otherwise expressly stated. Full payment will be due prior to or on delivery to the customer.
Credit terms may be granted by the company but are subject to the company’s approval. Once credit terms are approved these will be as detailed below (under CREDIT ACCOUNTS) unless other terms are expressly agreed otherwise.
For long term contracts (contracts where the duration of the works lasts or straddles two or more calendar months) valuation dates will be the last Wednesday, or next working day if the Wednesday is a bank holiday, of each calendar month end when invoices or ‘Applications for payment’ will be submitted by the company for all work completed up to that date. We reserve the right to apply for materials off site where items are being grown for specific use on the project.
The company will accept payment of a “Self Billing” arrangement subject to an agreed self-billing agreement being in place between the parties. Failure by the customer to pay in accordance with these payment terms will entitle the company, at its discretion, to suspend any further work or supply of materials and/or to cancel the contract/order. In which case the company will not be responsible for any costs or expenses, consequential or otherwise that may by incurred by the customer as a result of this cancellation.
Late payments will incur interest at a rate of 8% above NatWest Bank Base Rate calculated from the due date until the date the company receives the cleared payment into its bank account.
The company will endeavour to deliver materials on time, but will not accept liability for any damages, consequential or otherwise caused by its failure to deliver goods or complete works on time unless specifically agreed by it in writing. Any such agreement must be in place prior to the commencement of the works.
No deduction or “set-off” shall be made by the customer from any other sums due to the company under this order.
CREDIT ACCOUNTS
The setting up of credit accounts will be subject to the receipt of satisfactory references and/or at the sole discretion of the company. For approved credit accounts, payment will be due 30 days from delivery or date of the company’s ‘application for payment’.
Credit may be suspended or withdrawn by the company at its sole discretion.
TITLE OF GOODS & PRODUCT SPECIFICATIONS
All materials supplied by the company shall remain the property of the company until the customer has paid the price in full to the company, even if these materials have been installed on a site. All unfixed and fixed (installed) materials both on and off site procured or supplied by the company for its use will remain the property of the company until payment in full has been received by the company for these products.
The company reserves the right to change the specification of the materials at any time at its sole discretion.
VARIATIONS
Orders may only be varied with the company’s consent.
Variations will be valued in accordance with the rates for the items as noted in the company’s quotation or at other rates agreed from time to time or if these are not so set out at commercially fair values.
The customer will be liable to the company for any additional costs incurred by the company as a direct result of any variation made by the customer. Where design changes are required which result in an alteration or re-drawing of our scheme/drawings, the company reserves the right to charge for any work it may undertake in connection with such changes.
RETENTION
The company’s prices/quotation do not include any amounts to be deducted and held as retention.
CANCELLED/DELAYED ORDERS
The company reserves the right to charge for all costs, expenses and lost profits incurred by it in connection with an order cancelled by the customer. The company reserves the right to bill and to be paid for the proportion of any delayed or cancelled contract already undertaken. For example design, ordering and purchase of materials in connection with a contract if that contract is unduly delayed or cancelled for any circumstances beyond the company’s control.
Orders delayed over 60 days from written order date will be cancelled unless customer would like to continue to reserve stock in which case standard contract grow terms will apply (see contract grow terms below).
DELIVERY
The company will endeavour to meet any agreed delivery times and schedules but will not be held liable for any costs or losses for its failure to do so.
It is the customers responsibility to provide adequate & safe means of offloading all products. If the customer has specific delivery requirements please advise British Flora prior to placing an order, additional costs may apply. We reserve the right to charge for any additional costs resulting from delays in offloading or returned / cancelled deliveries.
RETURNS
If the customer wishes to return any goods already delivered to site the following conditions will apply.
The company will not accept the return of any “living” products that contain wildflower or wetland plants due to the risk of cross contamination and biosecurity risk. This includes pre-established coir rolls and pallet products.
Unplanted Coir roll products will be subject to inspection prior to any refunds been issued. The maximum value of any refund will be 40% of the purchase price.
The customer will be responsible for the safe loading & transport of all products back to a designated British Flora depot. If British Flora are required to arrange such transport this will be done at cost plus 150%.
CONTRACT GROW ORDERS
Once seeds have successfully germinated*, it usually takes 14-16 weeks for plants to establish during the growing period (typically Apr-Sept, weather dependent).
Target dates for delivery are to be set out and agreed in writing prior to acceptance of a contract grow order.
Plants have natural variability; British Flora cannot guarantee the success of all species but will advise options and agree possible solutions with the client during the growing process.
50% of the total value of the plants to be grown, excluding VAT, is payable at point of order and is non-refundable (even in the event that not all numbers of plants are achieved due to the germination failure and where no alternative can be agreed). The remaining 50% plus any additional materials and all VAT is due 30 days after delivery, or 30 days after the target delivery date, whichever date is earliest.
When the client requests delivery on a date after the target date, husbandry will be charged from the target date up to the actual delivery date. Husbandry can be offered for up to six months at which point British Flora reserves the right to dispose of the stock. Any associated disposal costs may be charged to the client.
Where husbandry applies or has been agreed in writing, it will be charged at 8% of the value of the stock held per calendar month and will be invoiced monthly in arrears.
If at any stage a contract grow order is cancelled or reduced, 100% of the original order value will still be due.
*Germination can vary between species and can take up to 6 weeks.
GRASS & WILDFLOWER SEEDING
Where British Flora recommends vegetation species mixes this should be considered as a general recommendation and assumes that there are no specific soil characteristics that will detrimentally impact upon vegetation germination or subsequent growth (e.g. Acidic soils, contaminated soils, high salt content, etc.) Once seeding has been applied it is then the full responsibility of the client to assess the climatic conditions at that time and to water and feed with nutrient as required in order to stimulate germination and sustain future growth.
INFORMATION
The company will rely on the information provided by the purchaser, such information may include drawings, dimensions and other specifications.
DESIGN
All designs, calculations, drawings, specifications, quotations shall remain the property of the company. Copyright in anything produced by the
company will remain the company’s property at all times.
