Terms & Conditions
TERMS & CONDITIONS FOR TRADE CUSTOMERS
1. These Terms and Conditions shall govern the placing of orders with Kelways Plants Limited and Plant Husbandry Services to the exclusion of any other terms and conditions unless agreed with us in writing.
Defined Terms
1.1 Any reference to “we” “us” or “our” or “Kelways Plants Limited” in these terms and conditions is a reference to Kelways Plants Limited Company Number 06443738.
1.2 Any reference to “client”, “you”, “customer” or “trade customer” is a reference to Trade Customers of Kelways Plants Limited Company Number 06443738.
1.3 Any reference to “Agreements” is a reference to agreements governing the placing of orders with Kelways Plants Limited unless stated otherwise in these terms and conditions.
1.4 “Trade Price Listings” means any trade prices for plants and other goods and services listed and/or offered to Trade Customers by Kelways Plants Limited Company Number 06443738.
1.5 “Delivery Date” the date for delivery or your plants to the location specified in writing and agreed with Kelways Plants Limited.
1.6 “Approximate Delivery Date” the approximate date for delivery of your plants to the location specified in writing and agreed with Kelways Plants Limited.
1.7 “Re-delivery Date” the approximate date for delivery of plants that have been cared for by Kelways Plants Limited as part of our Plant Husbandry services.
1.8 “Special Orders” or “Special Order Plants” means any plant that we source for a client.
1.9 “Plant Husbandry” The care, watering, potting on, storage and maintenance of plants.
1.10 “Re-Stocking Fee” A free for restocking the nursery with orders that the client fails to collect from Kelways Plants Limited in accordance with these terms and conditions.
Placing and Collection of Orders
2. Access to our trade price listings is strictly only available to genuine trade customers.
3. Our plant centre is open to the public 7 days-a-week. Nursery visits are available by prior appointment only.
4. Collection of pre-organised orders can be arranged should you wish to collect your order from the Nursery we will agree a date for collection with you, if you do not collect your order when agreed and do not agree an alternative collection date with us, we reserve the right to treat your order as cancelled (as per the Cancellation of Your Order clause below) and charge a restocking fee of up to 50% of the order value.
5. All plant prices quoted are subject to availability and as such there may be alterations to prices depending on availability at time of quotation.
6. Our plant availability list is not a finite list of what we may be able to offer as we work with a number of trusted specialist growers to help us to be able to offer you as comprehensive a list as possible. Please email us you full plant lists with quantities, sizes and specifications and we will be pleased to offer you a full quotation.
7. On the rare occasion when a particular plant ordered cannot be supplied, we will contact you to let you know and where possible offer alternatives.
8. All prices quoted are ex-nursery and ex-VAT which will be added at the current rate. Delivery can be arranged at cost at a date and time that is convenient to you.
9. You can place an Order Request through our website; our aim is to supply a quotation for your Order Request within 7 days where possible. An Order Request will not be treated as a commitment to purchase until we have received your acceptance of our quotation either in the form of an official purchase order or in writing.
10. Orders can only be accepted in writing, email or official purchase order. The placing of an order accepts our Terms & Conditions in full.
11. We may request a deposit payment on placement of an order. The value of this will be dictated by: the nature of the order, lead-time, volume, your length of time as a client and your past payment history. Where a deposit payment is requested, your order will remain unconfirmed until the deposit payment has been made, unless we have expressly agreed otherwise in writing / email.
Payment for Goods
12. All goods remain the property of Kelways Plants Limited until payment has been made in full.
13. For clients with a credit account all invoices are to be paid on a 30-day end of month basis unless otherwise agreed in writing between Kelways Plants Limited and the client. Kelways Plants Limited reserves the right to charge interest at the published Barclays Bank PLC standard rate for late payment in addition to all reasonable costs incurred by Kelways Plants Limited to recover debts.
14. For clients without a credit account no plants will be grown, ordered, released or delivered prior to payment in full, unless otherwise agreed in writing by Kelways Plants Limited.
Plant Deliveries and Changes to Delivery Dates
15. All orders must have an agreed delivery date or approximate delivery date to help us manage nursery space, resources and time to ensure you receive the best quality plants. Depending on the project, this can be discussed and agreements made which we will confirm in writing.
16. Where a delivery date has been agreed for the supply of plants any delays to that delivery date requested by a client may incur additional husbandry costs (as referenced in the Plant Husbandry clause below), which can be quoted accordingly.
17. Amendments to orders by the client once confirmation has been made will be considered and are at our discretion. This may incur additional costs, but we will always work with the client to mitigate any such costs and keep these to a minimum. Each instance will need to be reviewed on an individual basis.
18. In the instance of adverse conditions (vehicle breakdown, accidents, road closures, adverse weather etc) resulting in delivery failure, we will work with the client to remedy the situation as efficiently as possible. Please make us aware of any problems which may affect delivery to your site as soon as possible. We will always do our best to work with you and accommodate any changes that may be required.
19. Please advise of full delivery address including What3Words where possible, site contact name and number and any specific delivery restrictions we may need to take into account such as weight limits, height restrictions, access times. If delivery requires specific security protocols or permits, please advise us well in advance so we can ensure that you also have all the relevant details you require and please ensure that we are provided with any documentation or permits required ahead of delivery. We cannot take responsibility for an unsuccessful delivery.
20. Whilst we will always work with our clients to resolve any issues with their delivery, all risks associated with the goods will pass to the client on delivery unless otherwise agreed in writing.
21. All deliveries must be signed for on receipt. Please notify us of any shortages or quality issues within 48 hours of receipt. We always aim to work with our clients to promptly remedy any concerns.
22. Plants will usually be delivered on Danish trolleys. These trolleys must be returned with the driver once delivery has been made either by exchanging on a like-for-like basis or by unloading the plants and returning the same trolleys. If trolleys need to be kept on site a collection charge for those trolleys will be made as well as a deposit invoice for the hire of the trolleys. This deposit invoice will be credited to your account on return of the trolleys. Any breakages or damages to the trolleys may be deducted from this credit. Please do NOT use trolleys on site for any purpose other than holding plants.
23. On occasion some plants may be cut-back prior to delivery as per best horticultural practice. This will not detract from future performance.
Cancellation of Your Order
24. We understand that sometimes our clients’ requirements change, and it will be necessary for you to cancel your order. Unless agreed with us in writing or otherwise specified in these terms and conditions the value of your agreed order is payable in full, however, where we can we will work with the client to reduce the financial impact of any order cancellation.
Special Order Plants
25. Unless agreed specifically in writing, we cannot refund the value of any plants that have been provided as part of a special order.
Plant Husbandry
26. On the occasion where a project has been delayed or where the client may request that plants are returned to Kelways Plants Limited for holding until a later date, this must be agreed in writing first and a quotation for the handling, transport and husbandry costs will be issued based upon an agreed re-delivery date.
Contract Grows and Growing for Shows
27. We offer a comprehensive growing service for clients requiring us to contract grow for them.
28. Once we fully understand your brief we will confirm to you in writing the necessary stage payments for the project. No plants will be dispatched unless we have received payment in full unless otherwise agreed in writing with Kelways Plants Limited.
29. For specialist contract grows, we actively recommend and welcome pre-arranged client visits to inspect plants in the growing season.
30. For contract grows including show garden projects, no return of plants can be authorised unless prior agreement has been made in writing / email between the client and Kelways Plants Limited. There will be no refunds / credits for any plants ordered but unused for such projects unless express agreement has been made in advance between the client and Kelways Plants Limited.
Jurisdiction
31. Any agreements arising out of the placing of orders with Kelways Plants Limited or any claims or disputes arising out of or in connection with such agreements or the subject matter or formation of such agreements (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
32. The Courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with any agreements for the placing of orders with Kelways Plants Limited or the subject matter or formation of such agreements (including non-contractual disputes or claims).