Terms and Conditions of Sale

1. (a) The following terms and conditions together with the express terms set out before form the entire basis of the contract.

1. (b) All quotations and orders shall be subject to prices ruling at date of dispatch and are exclusive of V.A.T.

1. (c) All prices of trees exclude delivery charges.

2. New customers are asked to pay on delivery or collection of trees.  For existing customers payment for goods shall be 30 days from the date of invoice.  Where goods are delivered in consignment, the Company may at its discretion invoice separately for each consignment.  The Company reserves the right to add a service charge of 3% per month to any and all accounts, which are not settled within the agreed terms.  Charges will be added from the first day that the account becomes overdue.  Uncompleted orders may be cancelled or suspended without prejudice to any other rights it may have at law.

3. (a) Title to property in the goods shall not pass to the Buyer until payment in full has been made to the Company (or in case of deliveries in more than one consignment until payment in full for all consignments delivered has been made to the company). Until such payment has been made the Buyer shall hold the goods as Bailee and the Company may (and is hereby authorized to) enter upon the property of the Buyer to repossess the goods or sell them and on such sale not be obliged to account to the Buyer for any process of such sale.

3. (b) Notwithstanding that the title to the property in the goods remains with the Company, the Buyer shall effect at his own expense all insurance necessary to cover all risks of theft, loss or damage to the goods.

4. (a) The Company shall at all times use its best endeavours to effect deliveries according to stated delivery times. The Company shall not however be held liable for late delivery.

4. (b) At the time of ordering, the Company will advise of the earliest practical delivery date to ensure quality and freshness of the product. Customers requesting earlier

delivery will be asked to sign a disclaimer indemnifying the Company against any claim arising from needle drop or product freshness.

5. (a) Any claim by the Buyers that the goods delivered are defective or short on numbers must be noted on the delivery note of the goods. The Company will replace defective goods as soon as possible or part thereof relating to the defective goods.

5. (b) The Company will not be liable for:

(i)  Consequential loss.

(ii) Any excess in total claims over contract price.

(iii) Loss caused by delay.

(iv) Any loss which the Company is precluded from

     recovering from a carrier by reason of the Buyers

     failure to give the notice necessary for such a recovery.

(v) Any such claims on goods or parts of goods that

    are perishable or would be expected to maintain

    condition in even normal circumstances or storage or use.

(vi) Any claim against delivered quantity or dimensions

     of the goods unless these are indicated

     on the delivery note at the time of delivery.

6. The contracts shall be governed in accordance with English Law. In the event that any delivery is prevented through government intervention, war, industrial dispute, accident, fire, Act of God or any other cause (whether or not ejusdem generis) beyond the control of the Company, the Company may at its option suspend performance of its obligations hereunder for the period of such event or rescind the Contract without becoming liable for any damage or consequential loss resulting therefrom but without prejudice to the rights of the Company to recover any monies owing to it in respect of consignments delivered.

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