Terms – for Wild Flower Turf only

Wild Flower Lawns and Meadows Ltd

The wild flower turf product is grown by Wildflower Turf Ltd, Ashe Warren Farm, Ashe Warren, Basingstoke, RG25 3AW, Company number 07724908.

Please read this document carefully before you submit your order to us. Our Terms set out who we are, how we will provide products to you, how you and we may alter and/or end our contract, what to do if there is a problem, and other important information. If you think that there are any mistakes in our Terms, please bring this to our attention immediately.

We are Wild Flower Lawns and Meadows Ltd, company registration number 12895409, with registered office at Downsview Farm, North Corner, Horam, East Sussex, TN21 9HJ. Our registered VAT number is 364 4129 01. You can contact us by telephone 01435 810446, by emailing us at sales@wildflowerlawnsandmeadows.com, or by post to our registered office.

These Terms apply only to the wild flower turf, due to the unique nature of the product. The Terms for all other Product types can be viewed here: https://wildflowerlawnsandmeadows.com/all-other-products-terms-conditions

  1. Definitions

In these Terms, unless the context requires otherwise:

‘Buyer’ means the person who buys or agrees to buy the goods from the Seller, and extends to any person acting as agent of the Buyer;

‘Seller’ means Wild Flower Lawns and Meadows Ltd, Downsview Farm, North Corner, Horam, East Sussex TN21 9HJ;

‘Estimated Delivery Date’ means the date agreed by the Buyer and Seller for when the goods are to be delivered;

‘Terms’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller; and

‘Product’ means the wild flower turf and its associated articles which the Buyer agrees to buy from the Seller; and

‘Price’ means the price for the Product under these Terms excluding VAT and any other applicable costs, such as carriage.

  1. These Terms

2.1.1  These Terms apply to all contracts between the Buyer and Seller for the Product, to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.1.2  All orders shall be deemed to be an offer by the Buyer to purchase the Product pursuant to these Terms.

  1. Price and payment

3.1       The Price shall be the sum set out in the Seller’s quotation, and VAT shall be added to the Price at the rate ruling as at the date of the Seller’s invoice.

3.2       Payment of the Price plus VAT, and any applicable additional costs such as carriage, shall be due on the date of the Seller’s invoice.

3.3.       Time for payment shall be of the essence.

  1. Product 

4.1       The quantity and description of the goods, at the time of delivery, shall be as set out in the Seller’s quotation.

4.2       The Seller may, from time to time and in its sole discretion, make changes in the specification of the Product, which will not materially affect the qualify or fitness for purpose of the Product.

  1. Delivery of the Product

5.1       Delivery of the Product shall be made to the Buyer’s agreed delivery address on the Estimated Delivery Date, however:

(a) The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Product by the Estimated Delivery Date.

5.2       The Buyer shall make all arrangements to take delivery of the Product whenever it is tendered for delivery.

(a) The Buyer shall take delivery of the Product tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that such discrepancy in quantity shall not exceed 5% and the price has been or will be adjusted pro rata to the discrepancy.

(b) The Buyer shall inspect the Product upon delivery and shall be deemed to have accepted the Product 24 hours after delivery and shall not be entitled to reject thereafter for a lack of conformity to its specification.

  1. Our liability

6.1       Except as expressly stated in these Terms, we do not give any representations, warranties, or undertakings in relation to the Product. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product is suitable for your purposes.

6.2       In the event of any breach of this contract by the Seller, under no circumstances shall the liability of the Seller exceed the Price paid by the Buyer for the Product under this contract.

6.3      Under no circumstances will the Seller be liable for:

(a) any alleged defect(s) in the Product if the Buyer has failed to observe the Seller’s recommendations for the treatment of the product following delivery or where the Buyer has lifted the Product from its pallet; other than to inspect it and then replacing it so that it can be collected intact from its original location by a courier

(b) any alleged defect(s) in the Product, if the Buyer has failed to notify the Seller within 24 hours of becoming aware of such a defect; or

(c) loss of profit, loss of business, business interruption, loss of business opportunity, or any indirect or consequential losses not elsewhere excluded in these Terms.

6.4       The Terms do not exclude or limit in any way the Seller’s liability for death or personal injury caused by the Seller’s negligence or the negligence of the Seller’s employees, agents or  subcontractors; for fraud or fraudulent misrepresentation; and/or for any breach of your statutory rights (for example, in relation to defective products under the Consumer Protection Act 1987).

  1. Title

7.1        Title shall pass once the Product has been delivered by the Buyer and payment has been made in full.

  1. The Right to Cancel (for non-business customers only)

Since the Product is perishable the cooling-off period (right to cancel) otherwise available for non-business customers does not apply.

  1. Insolvency or other default of the Buyer

9.1       All sums outstanding in respect of the Product, including any balance of the Price, shall become payable immediately if the Buyer fails to make payment for Product in accordance with these Terms or is otherwise in breach of the same, or if:

            (a)        any distress or execution shall be levied upon any of the Buyer’s goods, and/or;

(b)        the Buyer offers to make any arrangement with its creditors, and/or;

(c)        any bankruptcy petition is presented against the buyer, and/or;

(d)        the Buyer is unable to pay its debts as they fall due, and/or;

(e)        the Buyer, being a limited company, has any resolution or petition to wind up the Buyer (other than for the purpose of an amalgamation or reconstruction without insolvency) passed or presented, and/or;

(f)        the Buyer, being a limited company, has a receiver, administrator, administrative receiver, or manager appointed over the whole or any part of the Buyer’s business or assets, and/or;

(g)        the Buyer shall suffer any analogous proceedings.

9.2        In the event of any of the circumstances described in 9.1, above, the Seller may, in its absolute discretion, and without prejudice to any of its other rights, suspend all future deliveries of Product to the Buyer and/or terminate the contract without liability upon its part.

  1. Force Majeure

10.1      Neither party shall be liable or responsible to the other for any failure to perform, or delay in performance of, any obligations under the contract that is caused by any act or event beyond the relevant party’s reasonable control (a ‘Force Majeure Event’), subject to:

(a)        each party giving notice forthwith to the other upon becoming aware of a Force Majeure Event, with the notice to specify details of the circumstances giving rise to the Force Majeure Event and any anticipated impact of the party’s fulfilment of its obligations to the other.

(b)        Clause 10.1 above shall not apply to the Buyer’s obligation of payment.

  1. Severance

11.1      Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 

  1. Waiver

12.1      If the Seller does not insist that the Buyer perform any of its obligations under these Terms, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you. 

  1. Sub-contracting

13.1      The Seller may assign, licence, transfer or sub-contract all (or any part of) its rights and obligations under these Terms to any third party without notice to the Buyer.

13.2.     You may not assign, licence, transfer or sub-contract any or all of your rights and/or obligations under these Terms.

  1. Governing law and jurisdiction

14.1      The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.