1.                    All items are offered subject to being unsold on receipt of order.

2.                    Delivery by arrangement at cost.

3.                    Payment terms are ‘nett monthly’ (i.e. Payment not later than end of month following date of invoice).

4.                    We reserve the right to charge interest at 2% per month on overdue accounts.

5.                    New customers wishing to open an account are requested to give two trade references at the time of placing an order.

6.                    This catalogue cancels all previous catalogues.

7.                    All prices are exclusive of VAT.

8.                    Risk of any orders dispatched by Badshot Farm Nurseries will pass to the customer on receipt of goods, Therefore complaints must be registered in writing within seven days of this date.

9.                    Notwithstanding delivery and the passing of the risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the buyer until Badshot Farm Nurseries have received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by Badshot Farm Nurseries to the buyer for which payment is then due.

10.                 Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as Badshot Farm Nurseries fiduciary agent and bailee and shall keep the goods separate from those of the buyer, and the third parties, and properly stored, protected and insured and identified as Badshot Farm Nurseries. Until that time, the buyer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to Badshot Farm Nurseries for the proceeds or otherwise of the goods, whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from any monies or property of the buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

11.                 Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not been resold) Badshot Farm Nurseries shall be entitled at any time to require the buyer to deliver up the goods to Badshot Farm Nurseries and, if the buyer fails to do so forthwith, to enter the premises of the buyer or any third party where the goods are stored and repossess the goods.

12.                 The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of Badshot Farm Nurseries but if the buyer does so all monies owed by the buyer to Badshot Farm Nurseries shall (without prejudice to any other right or remedy of Badshot Farm Nurseries) forthwith become due and payable.

13.                 Badshot Farm Nurseries reserve the right to withhold orders to any customer who has failed to settle any outstanding sum on their account.

14.                 Badshot Farm Nurseries shall not be liable for damage or loss caused as a result of any occurrence beyond the company’s control.

15.                 Whilst every effort is made to ensure that plants despatched are of first grade quality and true to name, should a claim result Badshot Farm Nurseries liability shall not exceed the invoice price of the goods in question.