Wholesale Terms & Conditions

1. Introduction

1.1 In these Conditions, “Company” means Tean Nurseries; “Buyer” means the customer purchasing goods from the Company; “Goods” means plants or materials supplied (or to be supplied) by the Company.

1.2 These Conditions apply to all sales by the Company and override any terms provided by the Buyer.

1.3 No variation to these Conditions shall be valid unless confirmed in writing by a duly authorised representative of the Company.

1.4 The Company supplies business customers only. These Conditions do not apply to consumer sales.

1.5 By placing an order, the Buyer is deemed to have read and accepted these Terms & Conditions. The latest version is published on the Company’s website and applies to all orders.

2. Orders

2.1 Orders are deemed an offer to purchase Goods in accordance with these Conditions and are accepted only when confirmed in writing (including email) by the Company.

2.2 If a size or variety is unavailable at despatch, the Company may supply the nearest equivalent unless the Buyer has marked “no substitutions” when placing the order.

2.3 Cancellations must be notified as soon as possible.

2.4 The Company’s most recent availability list at the time of order shall take precedence over any prices, descriptions or availability shown on the Buyer’s order form or any previously issued document.

3. Price

3.1 Prices are quoted exclusive of VAT, which will be charged at the prevailing rate.

3.2 The Company may alter prices without notice in the event of increased costs. Any changes will be notified prior to despatch.

3.3 Quotations are valid for 30 days unless otherwise stated.

3.4 A minimum order value applies for delivery and will be as published on the current price list or availability. The minimum order value does not apply to collection orders.

3.5 If a pricing or description error is identified prior to despatch, the Company will notify the Buyer. The Buyer may cancel the affected item(s) for a full refund if the correction is not accepted.

4. Payment

4.1 Unless otherwise agreed, payment terms are strictly 30 days from the date of invoice.

4.2 Pro-forma payment will be required for all first-time orders and until a credit account is approved.

4.3 BACS is preferred. Cheques or cash are accepted by prior arrangement. Card payments are not available.

4.4 If any sum is overdue, the Company may pause further deliveries until the account is settled.

4.5 The Company reserves the right to charge interest on overdue sums at 8% above the Bank of England base rate, accruing daily, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

4.6 Title to Goods remains with the Company until payment in full is received. Risk passes to the Buyer at the point of delivery.

5. Delivery

5.1 Deliveries are normally made by a third-party pallet carrier on a kerbside basis. Where a third-party carrier is used, delivery is subject to that carrier’s standard terms and conditions while the goods are in transit and until delivery is completed.

5.2 The carrier’s terms and conditions apply to delivery method, access, unloading, waiting time, failed delivery, redelivery, and site restrictions, and take precedence while the consignment is in the carrier’s possession.

5.3 The Buyer must inform the Company of any access restrictions when ordering and provide sufficient labour and/or machinery to unload safely and promptly. Additional carrier charges for failed access, waiting time or redelivery will be recharged to the Buyer.

5.4 Any delivery times provided are estimates only. The Company is not liable for delays outside its control.

5.5 Risk of loss or damage passes to the Buyer at the time of delivery to the agreed address.

6. Collection

6.1 Collections must be booked at least 24 hours in advance to allow preparation of the order.

6.2 Orders must be collected within 7 working days of confirmation. After this time, the Company may cancel the order or return plants to stock.

6.3 Payment by BACS in advance is preferred, but cheque or cash may be accepted on collection.

6.4 Collection is available Monday to Friday between 10:00 and 16:00 only.

6.5 Risk in the Goods passes to the Buyer once loading has commenced.

6.6 The Buyer is responsible for providing a suitable vehicle and load security. The Company accepts no liability for damage caused during or after loading, or during transport.

6.7 The Company does not guarantee labour or machinery to assist with loading, and Buyers must be prepared to load themselves.

6.8 All collections are prepared in advance by the Company. Cash and carry selection from stock beds is not available.

6.9 The Company accepts no liability for deterioration of plants left uncollected beyond the agreed collection date.

7. Complaints & Liability

7.1 The Buyer must check their order after delivery. Any shortages, errors or visible quality concerns must be emailed to the Company within 48 hours of delivery, with photos where possible.

7.2 The Company’s liability is limited to replacement of the Goods or a refund of the purchase price for the affected items.

7.3 The Company accepts no liability for indirect or consequential losses, including loss of profit, sales or reputation.

7.4 All descriptions and recommendations are given in good faith for guidance and are not a warranty of fitness for any particular purpose.

7.5 The Company does not accept returns of Goods except where agreed in writing.

8. Plant Breeders’ Rights

8.1 Certain varieties may be subject to Plant Breeders’ Rights (PBR). These plants may not be propagated without the appropriate licence.

8.2 By purchasing such plants, the Buyer accepts responsibility for compliance with PBR. Any costs or liabilities arising from breach rest solely with the Buyer.

9. Force Majeure

9.1 The Company shall not be liable for any delay or failure to perform obligations arising from circumstances beyond its control, including but not limited to extreme weather, crop failure, strikes, accidents, fire, flood, war, civil commotion, or government restrictions.

9.2 If such circumstances persist for more than 30 days, either party may cancel the order without liability.

10. Buyer’s Default

10.1 The Company may suspend or cancel deliveries if the Buyer fails to make payment when due, becomes insolvent, bankrupt or subject to administration, or breaches these Conditions in any material way.

10.2 Upon termination, all outstanding sums owed by the Buyer become immediately due and payable.

11. General

11.1 The Company reserves the right to amend these Terms & Conditions from time to time.

11.2 No failure or delay in enforcing these Conditions constitutes a waiver of rights.

11.3 All contracts are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English Courts.