Durston Garden Products
Terms and Conditions

GRO BOOST is
a specially
formulated
blend of
organic materials
from renewable sources,
benefitting the environment
by enabling the reduction of
the use of peat and producing
a long-lasting nutrient boost
when growing your plants.

 

 

Durston Brochure

Conditions Applicable

These conditions apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions which the Buyer may support to apply under any purchase order confirmation of order or similar document.

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

 

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.

 

Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

 

The Price and payment

The Price shall be the price stated in the quotation given previously to the Buyer. All prices stated are exclusive of VAT which shall be paid in addition and inclusive of carriage.

 

Payment of the Price and VAT shall be due within 30 days of the date of delivery of the Goods, unless prior agreement to any other payment terms has been agreed in writing by the Seller.

 

Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Nat West Bank plc’s based rate from time to time in force and shall accrue at such a rate as well as before any judgement.

 

The Goods

The quantity and description of the goods shall be as set out in the Seller’s quotation.

 

Warranties and liability

The Seller warrants the Goods will at the time of delivery correspond to the description given by the Seller. Because the product supplied is a natural product there may be naturally occurring variations for which the Seller shall not be responsible (subject to the Buyer’s rights).

 

In the event of any breach of this contract by the Seller exceed the Price of the Goods.

 

Delivery of the Goods

Delivery of the Goods shall be made by the Seller’s carrier to the Buyer’s address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

 

Acceptance of the Goods.

The Buyer shall be deemed to have accepted Goods 48 hours after delivery to the Buyer.

 

After acceptance the Buyer shall have been deemed to have inspected the Goods and shall not be entitled to reject Goods which are not in accordance with the contract.

 

Title and Risk

The Goods shall be at the Buyer’s risk as from delivery.

 

In spite of delivery having being made property in the Goods shall not pass from the Seller until

Remedies of Buyer

Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the buyers of such Goods or the failure by the Seller to Supply Goods which conform to the contract of sale.

 

Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.

 

The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

 

Proper Law of Contract

This contract is subject to the law of England and Wales.