DEFINITIONS
On these terms the following expressions shall have the following meanings:

“Our, Us, We” Relates to Earlswood Nurseries Ltd

“You, Your ” Relates to the person, firm or corporation with whom we contract for the sale of the Goods or supply the services.

“The Goods” means the products which are to be sold by us to you under the Contract.

“The Contract” means any contract for the sale of the Goods or Supply of services by Us to You incorporating these conditions and arising from our acceptance of your order .

These conditions apply to all sales of goods by us and shall prevail over any other terms or conditions contained or referred to in your order or elsewhere or implied by trade practice or course of dealing unless such other terms or conditions are specifically agreed in writing in advance by one of our Directors. No terms or conditions of any main outstanding contract or subcontract shall affect conditions whether or not we have notice of them.

Delivery & Inspection of Goods Terms & Conditions
The goods shall be delivered to you at the address specified in the contract or as subsequently agreed between us.

We are entitled to make delivery of the goods by instalments.
We are not bound by any delivery date or time put forward by you at any time and any delivery date or time stated by us at any time whether prior to or during the Contract and whether in writing or otherwise is an estimate only and shall not be binding. Time of delivery shall not be of the essence.
If we deliver to you or to a place agreed by you, you must ensure that all approach roads and access points are suitable. If you do not do so you must reimburse us for any charges, costs or expenses we incur as a result.
You must inspect the goods immediately upon their arrival at the destination they are despatched to under the contact and check:
 

A/ whether the goods have been damaged in transit.

B/ that the goods are those and in the quantity specified in your order or stated on our delivery note.

Any discrepancy between the goods delivered and those described on our delivery note or specified on your order and any damage to the goods in transit must be notified to us in writing within 24 hours of receipt of our delivery note. No claim in respect of non-delivery or damage in transit will be considered by us unless you comply with the provisions of these conditions.
All goods remain the property of Earlswood Nurseries Ltd until full payment is received.
All deliveries are kerb-side only. If a vehicle used for performing our contract with you delivers a load to a place situated off the public highway, at your request, you are to be solely responsible for and shall indemnify us fully against any damage or accident caused. We do not undertake to deliver the goods over roads or ground which, in our discretion, we consider to be unsuitable.
In the event of any goods being delivered and deposited whether, on the public highway or elsewhere, the customer shall be responsible for compliance with all laws, bye laws and regulations and for all steps which need to be taken for the protection of persons or property in relation to such goods and shall indemnify us in respect of all or any costs, claims, losses or expenses which we may incur as a result of such a delivery. In particular the customer shall be responsible for complying with the Highways Act 1959 and 1971 and shall ensure that any Goods left on the public highway are properly lighted with warning lights.