Terms and Conditions of Sale and Services

1 - Terms of payment
Payment of our account to be settled no later than 14 days from date of invoice. Should payment not be made within this period, Interest will be charged under "The Late payment of Commercial Debts (interest) Act 1998". In accordance with the Act Interest will be charged at 8% above current Bank Rate.

2 - Price
a) All prices included in quotations are calculated having regard to the price of raw materials, labour and all other overheads of the suppliers business applicable at the date of such quotations and are subject to the goods remaining unsold at the date of dispatch. In the event of any increase in such costs between quotation and despatch, Derwent Treescapes Ltd. shall be entitled to increase the quotation price.

b) Where a quotation is given for a particular quantity of goods, and the consumer requires less after the order has been submitted, the quoted price may be revised by the supplier.

3 - Credit/debit card payments
a) Derwent Treescapes Ltd. accept payment by debit or credit card.

b) All credit card payments are subject to a 3.5% charge. There is no charge for debit card payments.

c) Derwent Treescapes Ltd. do not accept payment by American Express.

4 - Non-payment
Where a customer fails to make payments by the payment day, Derwent Treescapes Ltd. at it's option may: Suspend deliveries, operations and works without liability. If accounts remain unpaid for longer than 2 months, Derwent Treescapes Ltd. may seek legal advice from their solicitor.

5 - Delivery
a) Times of delivery are of the essence and Derwent Treescapes Ltd. shall not be liable for loss or damage caused by late delivery, howsoever arising.

b) If when goods are available for delivery, the customer cannot accept them, or the site is unavailable any abortive delivery and/or storage charges incurred, and loss of time incurred by Derwent Treescapes Ltd. will be charged to the customer.

c) Any damage caused on unloading to the property of any customer or third party shall be the responsibility and liability of the customer and the supplier shall in no way be liable, therefore the customer shall indemnify the supplier in respect of any claim and costs arising therefrom.

6 - New Customers
Subject to status, new customers may be required to settle their account prior to commencement of works or on the day of completion.

7 - Cancellation
a) Goods to special orders cannot be cancelled. If the consumer cancels a special order, they shall be required to pay full price for the goods.

b) Cancellations of other goods can only be accepted after payment by the customer of the Suppliers handling and administration charges.

c) Cancellation of services must be confirmed in writing 7 days before work has been scheduled to be carried out.

8 - Force Majeure
In the event that circumstances beyond the control of Derwent Treescapes Ltd. prevent or interfere with the delivery of the whole or any part of the goods, Derwent Treescapes Ltd. may without liability suspend and/or cancel delivery of all or any part of the goods. Derwent Treescapes Ltd. will not be held responsible for failing to attend a site at the agreed time/date under certain circumstances, ie: Severe weather, Road conditions, Staff sickness, Equipment failure, Emergencies and other unforeseen circumstances.

9 - Representation and Advice
No employee of Derwent Treescapes Ltd. has any authority whatsoever to make any oral representation on behalf of the Company or to give advice upon the quality use or fitness for any purpose of goods supplied by Derwent Treescapes Ltd.

10 - Aftercare
Derwent Treescapes Ltd can accept no responsibility for plant or tree deaths arising from vandalism, drought, physical or chemical damage, fungal or insect damage, waterlogging, winter damage, poor or the complete lack of aftercare, eg. watering not carried out sufficiently.

11 - Returns, Live Goods (Plants)
We guarantee that all our plants are fit for purpose, healthy and in good condition when leaving our nursery. If for any reason you are dissatisfied, please inform us within 3 days of receipt. Plants can only be accepted in return if they have been properly looked after. Dried out of damaged plants will not be accepted. We reserve the right to refuse a refund on returned items if they are not received in good order.

If contact is made outside of 3 days, we cannot be held responsible due to too many factors beyond our control. It is typical to lose up to 10% of plants in the first growing season. Delivery will be charged for returns. We will not replace plants that have failed due to vandalism, drought, physical or chemical damage, fungal or insect damage, waterlogging, winter damage and/or poor practice. This does not affect your statutory rights.

12 – Returns and Exchanges, Non Live Goods
If you return a stock item to us within 14 days, in perfect condition, complete with the original packaging, we will be happy to exchange or refund it. All goods must be returned in the original packaging and in the same new condition in which they were received. Please pack items carefully to avoid damage and enclose the invoice (or a copy of it) along with details of your reason for return and your requirements. Please send return parcels by traceable post or courier, as we will not be held responsible for any retuned items which go missing in transit. All carriage costs will be payable by the customer when exchanging items. Return carriage will only be reimbursed where goods are proved to be faulty or supplied incorrectly. The does not affect your statutory rights.

© Derwent Treescapes.co.uk 2014