METHODS AND TERMS OF BUSINESS
The placing of an order implies acceptance
of the Methods and Terms of Business explained below. All orders will be
acknowledged, usually in detail on our formal Acknowledgement-of-Order form,
which also confirms total cost and gives an estimate of delivery time (but
please interpret the last with understanding, allowing for weather and other
circumstances beyond our control). Despatch details will be notified by
Delivery Note when the trees are actually sent, and Invoice will normally be
provided at the same time (or will follow as soon as possible if it is
necessary first to get carriage charge information from our carriers).
Delivery to your door is covered by our
Carriage terms (see next page), despatch normally being by road transport, or
by post for parcels small enough to be within Post Office limits. Occasionally,
a sufficient load of trees to one address (or to a group of nearby customers)
can be delivered by our own vehicle, as usually can local consignments.
However, when customers can undertake collection from our premises on a
prearranged date, this is usually the quickest and cheapest means of transport.
In all cases, carriage is at Owner's (i.e. Purchaser's) Risk.
Good trees deserve good packing, and it is
our aim that trees sent by Carrier will unpack practically as fresh as when
lifted from the nursery, but customers are requested to note that our
responsibility actually ends when parcels are handed to the Carrier. This is
because trees are considered as sold when they leave our premises, even though
we arrange carriage on customers' behalf. Consequently any claims arising from
loss, delay or damage in transit must be made against the Carrier - but again
we will, if required, attend to this on customers' behalf, though it is
essential that any damage to or loss from a parcel must be notified within
three days of arrival, whilst non-delivery of all or part of a consignment must
be notified within 28 days of despatch. Please note that while risk in the
goods passes to the customer at the moment of despatch, title to the goods
remains with Weasdale Nurseries until full payment has been received.
All the goods in this catalogue are offered
subject to remaining unsold. With Specimen Trees and Hedging Plants, should a
particular size be sold out on receipt of an order, we reserve the right to
supply the next nearest size at the appropriate price, but one species or
variety will not be substituted for another species or variety without
customers' instructions.
During the busy lifting season, orders are
in fairness dealt with in rotation, every effort being made to expedite
despatch, but customers are asked to make allowance for frost and bad weather,
which may considerably delay lifting operations. To achieve the best efficiency
with the minimum staff, and maintain an orderly work sequence, the processing
and preparation of orders is programmed in advance, so visiting customers are
reminded that trees ordered during a call at the nurseries cannot be lifted
there and then - but, if rotational despatch is not desired, collection could
of course then be booked for a subsequent date. In the event that weather
conditions or other causes should prevent a "dated" order being made ready on
time, notification of this would be given shortly beforehand.
If required, execution of orders can be
deferred to suit planting programmes, but trees reserved in this way are
subject to remaining undamaged by exceptional frost, vermin, or other causes
beyond control.
Customers are requested to let us have
payment in full prior to despatch of an order; this may be by cheque, postal
order, cash or credit card, the latter of which will be debited at the time of
order fulfilment. For customers with approved credit accounts, payments become
due nett on receipt of Invoice, and at latest by the end of the following
month. In the event that any accounts are not settled within this period,
interest at 1½% per month will be chargeable.
We aim to give the best possible service,
and every care is taken in fulfilling orders, but in the event of any error of
ours in making up a consignment, please notify us immediately, when the matter
will at once be put right - either by the sending of further trees, or, if
these are then unavailable, by adjustment of payment. Also, when goods are
being bought unseen, we feel it right that customers should be free to reject
any trees which are genuinely unacceptable for any reason (except damage or
delay in transit, which are matters for claiming against the carriers), so
please check and inspect your trees carefully on arrival, and let us know
promptly if any query or complaint then arises - for we cannot be responsible
for failures or mishaps occurring weeks or months later, by which time so many
circumstances quite beyond our control or knowledge are likely to have had a
bearing on the matter.
We intend and believe our Methods and Terms
of Business to be fair and reasonable, and nothing in the above purports to
detract from the statutory rights or obligations of either buyer or seller.
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