Terms & Conditions
General Terms and Conditions of Whetman Pinks Ltd
In these conditions
"Buyer" means the person whose order for the Goods is accepted by the Seller
"Goods" means the goods including Seed and Plants (including any installment of the Goods or any part of them) to be supplied by the seller in accordance with these conditions
"Plants" means all plants including seedlings and cuttings.
"Seeds" means plant seeds
"Seller" means Whetman Pinks Ltd
These conditions supersede any and all prior representations, agreements, statements, and understandings whether oral or in writing.
These conditions are to apply in conjunction with terms of financial settlement mentioned on this website or elsewhere. In the case of any conflict these conditions shall prevail.
The contract shall be governed by English law and the Buyer consents to the exclusive jurisdiction of the English Courts in all matters regarding the contract except to the extent that the Seller invokes the jurisdiction of the courts of any other country
No complaint shall be considered unless clear proof can be given that the Goods grown and alleged to have performed unsatisfactorily were in fact Goods supplied by the Seller and that they were grown correctly throughout and subject only to such conditions as were likely to produce a favourable crop.
The Seller shall make no charge where orders for Goods are cancelled more that 6 weeks prior to the scheduled delivery date but the Seller shall be entitled to charge 50 per centum of the amount due for Goods together with VAT where orders for said Goods are cancelled 4 and 6 weeks prior to the scheduled delivery date. The Buyer shall be liable to pay the full amount due for Goods together with VAT where orders for said Goods are cancelled within 2 weeks of the scheduled delivery date. All cancellations must be in writing.
Any claim for non-delivery of goods shall be notified in writing by the Buyer to the Seller within 7 days of the date of the relevant invoice.
Any claim that the Goods have been delivered damaged or are not of the correct quantity or do not comply with their description shall be notified by the Buyer to the Seller by telephone or email within 24 hours of their delivery.
Any other alleged defect shall be notified by the Buyer to the seller within 3 days of the delivery of the Goods or in the case of any defect which is not reasonably apparent on inspection within 7 days of the date upon which the defect might reasonably have been expected to come or actually came to the notice of the buyer which ever shall be the sooner.
Any claim under 7.2 or 7.3 must be confirmed in writing within 7 days of notification and must contain full details of the claim along with photographs.
The Seller shall not be liable for any failure in the performance of any of its obligations caused by factors outside its control.
9 Extent of Liability
The Seller shall have no responsibility to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or conditions of any negligence, breach of statutory or other duty on the part of the Seller or arising in any other way out of or in connection with the performance of or failure to perform any contract except in accordance with this condition.
The Seller shall at its option replace with similar Goods or repair any defective Goods, allow the Buyer credit for their invoice value or to the extent that the Goods are not of the Seller's manufacture or growth, assign to the Buyer (so far as the Seller is able to do) any warranties given by the manufacturer or breeder of the Goods to the Seller.
Where the Seller is liable in accordance with this condition in respect of only some or part of the Goods the contract shall remain in full force and effect in respect of the other or other parts of the Goods and no off-set or other claims shall be made by the Buyer against or in respect of such other or other parts of the Goods.
In no circumstances shall the liability of the Seller to the Buyer exceed the invoice value of the Goods.
The Seller may at its discretion deliver the Goods by instalments in any sequence and each instalment shall be deemed to be the subject of a separate contract and no default or failure by the Seller in respect of any more instalments shall vitiate the contract in respect of Goods previously delivered or undelivered Goods.
The Seller may withhold deliveries until outstanding payments under any contract with him, by the Buyer, have been received and may sell or otherwise dispose of all the Goods the subject of any such contract whether appropriated to it or not in respect of any such payments.
An additional fee of £20 plus VAT will be charged each time a payment made by Cheque, Credit Card or Debit Card is returned unpaid.
12 Title and Risk
Unless otherwise agreed in writing between the Seller and the Buyer risk in the Goods shall pass on delivery.
For the purpose of Section 12 of the Sale of Goods Act 1979 the Seller shall transfer any such title or rights in respect of the Goods as the Seller has and if the Goods are purchased from a third party shall transfer only such title or rights as the party had and has transferred to the Seller.
Not withstanding the earlier passing of risk (which shall unless otherwise agreed be on delivery) title in the Goods shall remain with the Seller and shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due in respect of:-
the Goods; and
all other sums which are or which become due to the Seller from the Buyer on any account.
The Seller shall be entitled to recover the amounts due in accordance with clause 11.1 notwithstanding that property in any of the Goods has not passed from the Seller.
Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so they can at all times be identified as the property of the Seller. The Seller shall be entitled at any time before title passes to repossess (without being liable for any damage caused by so doing) and use or sell all or any of due Goods and so terminate (without any liability to the Buyer) the Buyer's right to sell or otherwise deal in them and for that purpose or determining what if any Goods are held by the Buyer and inspecting them to enter any premises of the Buyer.
Should the Goods become constituents or be converted into other products before title passes to the Buyer the Seller shall have ownership and title in such other products as if they were solely and simply the Goods and all the Sellers rights hereunder shall extend to such other products.