Our Terms and Conditions

Please read carefully before placing your order.

We only list those varieties of plants of which a reasonable stock is normally carried. Due to demand or crop failure some of them may at times be sold out. We do however stock many other varieties in small quantities.

Should your order arrive during inclement weather we suggest that the plants be unpacked and kept cool and moist until conditions improve.

ALL ORDERS ARE SUBJECT TO THE TERMS AND CONDITIONS PRINTED BELOW. ALL PRICES QUOTED IN THIS CATALOGUE INCLUDE VAT WHERE APPLICABLE.

ORDERS

1. The receipt of an order by Tarn Road Nurseries from the Buyer constitutes an offer by the Buyer to purchase goods upon the terms and conditions contained herein.

2. Orders are to be accompanied by payment in full to include Post Office Guaranteed 48 hour postage and packing charges or Overnight Courier and packing charges. CHEQUES SHOULD BE PAYABLE TO "TARN ROAD NURSERIES".

3. Payment may be made by any major recognised Credit Card or Switch Card except Diners Card and American Express.

4. There is no minimum plant order but the minimum carriage and packing payable is £9.00.

5. Acknowledgement of an order does not constitute an acceptance of the order or an undertaking to supply the plants ordered. Orders are accepted subject to availability of plants.

6. Despatch of orders for most of the year will normally be within 1-2 weeks from receipt.

7. We reserve the right to delay despatch of plants if weather conditions are unsuitable for lifting and despatch.

POSTAGE AND PACKING

8. Except as provided by 10, 11 and 12 hereunder orders are subject to a charge for carriage and packing for each consignment according to the schedule shown on the attached order form which applies to United Kingdom deliveries only. For smaller orders we normally arrange delivery using the Post Office Guaranteed 48 hour service. Larger orders are normally sent by Guaranteed Overnight Courier.

TREES OR TALLER PLANTS CAN ONLY BE SENT BY GUARANTEED OVERNIGHT COURIER DUE TO POST OFFICE SIZE RESTRICTIONS. ORDERS FOR NORTHERN IRELAND, THE HIGHLANDS AND ISLANDS OF SCOTLAND, CHANNEL ISLANDS, ISLE OF WIGHT AND ISLE OF MAN WILL BE SUBJECT TO A SURCHARGE FOR GUARANTEED DELIVERIES IN MOST INSTANCES. EXCEPTIONALLY HEAVY PARCELS OR SPLIT DELIVERIES MAY ALSO RESULT IN ADDITIONAL CARRIAGE AND PACKING CHARGES.

9. Where individual orders have to be split into two or more separate shipments the extra carriage and packing charges for such additional shipments will be payable. We will take all possible steps to avoid split deliveries. Buyers should be aware that certain plants are only available at particular times of the year.

10. No carriage and packing will be payable on orders collected by the Buyer from the Nursery.

11. Any Buyer wishing to collect plants from the Nursery should indicate such request on the order form and give at least 7 days notice of the intended collection date.

PRICES

12. The prices quoted in this catalogue refer to plants of a particular size. The Buyer agrees to accept smaller plants if none of the particular size is available.

13. Catalogue prices are correct at the time of going to press. We reserve the right to change the price of any plant without notice.

14. All prices (where applicable) include Value Added Tax at the current rate of 17.5%. Plants with edible fruits are zero rated for VAT purposes.

15. We may substitute for the plant ordered an alternative variety of the same or greater value if that ordered is unavailable. We will endeavour to contact the buyer and offer a replacement or refund.

TITLE AND RISK

16. Risk in the goods will pass to the Buyer when the plants are delivered to or collected by the Buyer or their agents.

17. Notwithstanding the provisions of 19 above title to the goods supplied shall remain with Tarn Road Nurseries until full payment has been received.

COMPLAINTS

18. Any complaint that any plants delivered are not of the correct quantity or quality or have been delivered in a damaged state shall be notified to us by telephone or fax within 24 hours of their receipt. If required by us such complaint shall be confirmed in writing within 3 days of such notification.

19. Any complaint of alleged defect in the goods shall be notified to us within 7 days of delivery. In the case of any alleged defect not reasonably apparent upon delivery then within 7 days of the date upon which the defect did come to the notice of the Buyer or might reasonably have been expected to come to their notice, whichever is the sooner.

20. In respect of any complaint the we shall be afforded all reasonable facilities to investigate the complaint either by inspection of the goods or by requiring the Buyer to return a sample or photograph of the goods complained of to the Nursery forthwith on request.

21. No complaint under these Terms of Business shall be considered unless clear proof is furnished that the goods alleged to be unsatisfactory were the goods supplied by us and that they were subsequently grown carefully and correctly.

EXTENT OF LIABILITY AND WARRANTIES

22. Every effort is made to ensure that plants supplied are true to type and free from pest or disease but any warranties or conditions whether express or implied as to quality of or fitness for the purpose supplied or freedom from pests or disease are expressly excluded.

23. Whilst any advice offered by us is given in good faith, the health and growth of plants is affected by many factors then we shall not be liable for any consequences of any technical information, recommendations, statements or advice given by our staff.

24. Where the customer deals as consumer within Section 12 of the Unfair Contract Terms Act 1977 the terms set out in Section 12, 14 and 15 of the Sale of Goods Act 1979 are implied into the contract.

25. We shall be under no liability in respect of any defect arising from adverse weather conditions, fair wear and tear, wilful damage, negligence of the Buyer or his/her servants or agents, abnormal working conditions, poor storage, poor husbandry, failure to follow our instructions (whether oral or in writing), misuse or mistreatment of the goods.

26. We shall, at our option, replace with similar plants any plants which do not comply with the contract, or allow the Buyer credit for the catalogue value of the plants concerned.

27. In no circumstance (save as provided for in 31 below) shall our liability exceed the catalogue value of the plants.

28. Notwithstanding any other provision hereof no liability of Tarn Road Nurseries for death or personal injury resulting from the our negligence is hereby excluded or limited.

TRADE ORDERS

29. Trade or Wholesale orders from the United Kingdom welcomed. Contact us with a list of your requirements for a detailed written quotation. Discounts may also be offered on larger orders of over £400 from genuine landscape architects, designers and contractors ordering from our mail order catalogue.

PRIVACY POLICY

30. Tarn Road Nurseries are committed to protecting your privacy. We do not sell, trade or rent your personal information to others. We do not use or disclose information about your individual visits to our website or information that you may give us, such as your name, address, credit card details, email address or telephone number, to any outside companies.

31. Under the UK Data Protection Act 1998 Tarn Road Nurseries follows strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.