Cedar Nursery - Terms and Conditions of Sale
TERMS & CONDITIONS OF SALE
Cedar Nursery is the trading name of the partnership of T.J. Sharples & C.M.M. Sharples, herein referred to as Cedar Nursery. 'The Customer' as described herein is the person, company or organisation purchasing goods or services from Cedar Nursery. Any order placed by 'The Customer' whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive they are given to define and protect the due rights of both 'The Customer' and Cedar Nursery.
1. RETENTION OF TITLE/OWNERSHIP
1.1 Legal ownership of any goods supplied shall remain vested to Cedar Nursery, until such time that full payment of order/invoice monies has been received from 'The Customer'.
1.2 Should 'The Customer' obtain goods without making full payment, unless otherwise agreed, 'The Customer' accepts that Cedar Nursery retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or 'The Customer' grants Cedar Nursery unrestricted access to reclaim the goods. The saleable condition of the goods prior to any reclaim is the sole responsibility of 'The Customer'.
2.1 All pricing as shown upon Cedar Nursery literature and web site are shown in (£) Pounds Sterling.
2.2 Pricing shown upon Cedar Nursery literature and the web site are shown as either inclusive or exclusive of the current prevailing rate of Value Added Tax (VAT) and will be stated as such. Cedar Nursery VAT number is GB493647014.
2.3 All pricing as shown upon any branded literature provided, i.e. manufacturer brochures, is provided for information only and does not form part of a sale.
2.4 All goods as priced, shall be supplied at a pallet or parcel delivery cost when delivered to addresses in mainland locations throughout England, Wales and Scotland.
2.5 Our 'free delivery' pricing only applies to orders as stated in our delivery charges and to mainland UK locations.
2.6 For orders where 2.5 applies, Cedar Nursery shall notify 'The Customer' of; (a) whether their location is serviceable, and (b) any extra delivery or service charges.
2.7 Should 'The Customer' accept our revised service and pricing offered under 2.6 the order shall be revised and proceed. If declined, Cedar Nursery will cancel 'The Customers' order and refund all order monies received.
2.8 Cedar Nursery pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.
2.9 Prices stated on quotations issued by Cedar Nursery are only valid for 28 days from the date shown on the quotation.
3.1 Cedar Nursery standard payment terms are full payment with order, unless credit terms have been agreed.
3.2 Payments are only accepted in (£) Pounds Sterling. Payments are only accepted by the following means; company cheque or banker's cheque (made payable to 'Cedar Nursery'), BACS (electronic banking), Visa, MasterCard, Visa Delta and Electron.
3.3 Unless otherwise agreed, goods shall not be released until clearance of funds into Cedar Nursery bank account.
3.4 Where credit terms apply, having been agreed in writing by Cedar Nursery, invoices must be paid in full by 'The Customer' within the agreed credit term.
3.5 Cedar Nursery reserves the right to charge interest at a rate of two percent above the National Westminster Bank base rate from the date that the invoice is due for payment until the date on which such payments are actually received by Cedar Nursery. In the case of any default in payment 'The Customer' shall give Cedar Nursery every assistance in the repossession of the goods in respect of which payment has not been made.
3.6 Cedar Nursery reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of an order.
4.1 Cedar Nursery shall aim to fulfil all orders at the earliest opportunity however, any time scales stated by Cedar Nursery will be an estimate only.
4.2 Delivery periods are provided in working days (i.e. - 20 working days = 4 weeks), to account for the incidence of public holidays and that transport couriers typically operate weekdays only.
4.3 Deliveries are made weekdays only, typically during the hours of 8.00am to 5.30pm, however this can vary depending on the delivery method. Cedar Nursery will endeavour to give approximate delivery dates and times; however, these can only be used as an estimate and Cedar Nursery can take no responsibility for failure of delivery during estimated times.
4.4 The party delivering on behalf of Cedar Nursery shall be instructed to contact 'The Customer' to advise a delivery date near the term of their order. Notice may vary between 1 and 5 working days.
4.5 Product delivery (supply only) shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver, should they decide to transit the goods to an alternative point on the property of 'The Customer'.
4.6 As Cedar Nursery cannot be held responsible for delay in delivery caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.
4.7 Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order (as section 19 of the Distance Selling Regulations) 'The Customer' can cancel their order without penalty.
4.8 It is the responsibility of 'The Customer' to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from 'The Customer' at cost.
4.9 It is the responsibility of 'The Customer' to notify any access concerns to Cedar Nursery at point of order.
4.10 In the interests of Health & Safety for Cedar Nursery employees or contractors, on delivery our bulky products shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level.
4.11 All delivered goods must be signed for (POD) by 'The Customer' or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to 'The Customer'.
4.12 If 'The Customer' cannot be in attendance on delivery, prior written authority and acceptance of responsibility to leave the unattended product must be sent to firstname.lastname@example.org
4.13 Cedar Nursery will not bear any abortive costs arising from 'The Customer' due to a failed delivery.
4.14 Should a 'premium delivery service' fail to occur on the expected date Cedar Nursery shall reimburse the cost of the 'premium delivery charge'. Reimbursement will be limited to the 'premium delivery service' fee paid by 'The Customer' at the time of ordering.
4.15 It is the duty of 'The Customer' to make themselves available to be contacted prior to delivery. Should Cedar Nursery or its chosen agent is unable to contact 'The Customer' the delivery of the order will be adversely affected.
4.16 Cedar Nursery is not liable for delivery delays or failures caused by factors outside of Cedar Nursery control including "Acts of Nature", adverse weather conditions, road accidents, vehicle breakdown or personal illness.
5.1 It is the responsibility of 'The Customer' to thoroughly inspect the goods at the time of delivery and only sign for the delivery if goods are delivered in good condition. Deliveries must be signed for as DAMAGED by 'The Customer' if necessary and only goods that are signed for as DAMAGED on a POD can be claimed for.
5.2 Shortage or damage should be reported within 24 hours with detail, either in writing to Cedar Nursery address, by email to email@example.com or by telephone on 01932 862473.
6.1 All goods are newly manufactured for sale or to order, as described upon Cedar Nursery literature and web site.
6.2 A return or cancellation of supply only goods can be instructed up to 28 working days after the date of delivery.
6.3 'The Customer' has no right to cancel at any time should their order include a personalised requirement i.e.; optional fixtures, adaptations or bespoke preferences.
6.4 A return or cancellation should be made in a durable means as defined by part 10 of the Distance Selling Regulations being; either in writing to Cedar Nursery address, by email to firstname.lastname@example.org;
6.5 It is the responsibility of 'The Customer' to meet all product return costs, either by their own arrangement or at the direct cost levied to Cedar Nursery. Stated, to comply with section 7, part 2aii of the Distance Selling Regulations.
6.6 It is the responsibility of 'The Customer' to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of Cedar Nursery.
6.7 All return costs sought by Cedar Nursery shall be deducted from the order monies held, thus any refund to 'The Customer' shall be passed less this return charge.
6.8 Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £45 for a pallet.
6.9 Where 'The Customer' instructs Cedar Nursery to undertake a collection and return, Cedar Nursery shall notify 'The Customer' of the return charge in writing (by email) prior to undertaking the process.
6.10 Cedar Nursery will not profit from any return charges received from 'The Customer'. A return charge will always equate to the cost Cedar Nursery expended
6.11 Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 6.6 to 6.12, shall be made in a period not exceeding 30 days, as Section 13, part 3 of the Distance Selling Regulations.
6.12 Statute states that a product should be returned in its original condition, thus fit for re- sale as new.
6.13 There may be a re-stocking charge applied if goods are returned outside of the period stated in the Distance Selling regulations, section 13, part 3.