"The Seller" - means IRISH TREE CENTRE CO. LTD.
"The Buyer" - means the customer of the seller.
Unless otherwise expressly agreed in writing every quotation, offer, counter offer, confirmation, sale or agreement to sell, whether oral or in writing shall include and be subject to the following conditions and any documents affecting or relating to any sale or any agreement by the sellers to sell or the buyers to purchase goods shall be construed accordingly and not otherwise.
Save as herein expressly provided all terms, conditions and warranties whether expressed or implied by statute law, trade and usage or custom or otherwise are excluded.

 

A. GENERAL

1. The mailing, email, fax or personally placing of any orders implies agreement and acceptance of these terms and conditions, if the order is accepted by the seller.

B. PRICES

1. Goods are quoted net ex-sellers nursery in Euros.
2. All accounts must be settled in Euros.
3. Selection of trees in the nursery cancels out the existing price list.

C. LEGAL AND BENEFICIAL OWNERSHIP

1. All legal and beneficial ownership of the goods shall remain with the seller until full payment of the price (including any freight or similar charges and any interest charged hereunder) has been received from the Buyer (each order being considered as a whole). Not withstanding the earlier passing of risk, title of the goods shall not pass to the Buyer until the amount due under invoice for them has been paid in full. Until title passes, the customer 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 anytime before title passes to repossess and remove the goods (without being liable for any damage in so doing) and use or sell any or all of the goods and so terminate (without any liability to the buyer) the buyer's right to sell, use or otherwise deal in them and for that purpose or for the purpose of determining what if any goods are held by the buyer and inspecting those goods, to enter any premises of the buyer. Until title passes, the entire proceeds of the sale of goods shall be held in trust for the company. The company shall be entitled to maintain an action for the price of any goods notwithstanding that the title in them has not passed to the customer. The purchaser further acknowledges that if the goods sold include growing trees or plants which become planted in land belonging to or under the control of the buyer, the seller shall have the right to enter upon such land and to remove the said trees or plants doing as little damage as possible to the land in question but without obligation to reinstate it to its previous condition and the buyer further acknowledges that the seller may exercise this through his servants, agents or employees who, in exercising these rights will not be liable in damages for trespass or the like and will be fully indemnified in respect of any such damage by the buyer.

D. PAYMENT

1. All accounts are due 30 days after day of invoice. Interest shall be charged at the rate of 4% above Bank of Ireland Plc. Base rate for the time being in force.
2. Should a buyer fail to pay invoices, all additional charges as well as all legal fees will be charged to this buyer.
3. For trees to be reserved for delivery after 31st of December a deposit of 50% of total invoice must be paid before 31st December. For trees to be reserved for delivery after 28th of February, the total amount of the invoice must be paid before 28th February.
4. No discount on overdue accounts. Any discounts agreed are agreed solely on the basis that the account will be paid fully and on time. In the event of an account being partly or fully unpaid at the agreed time any discounts as discussed will be with drawn and the full amount will become payable immediately.
5. No credit shall be given to new clients unless previously agreed.

E. CANCELLATION OF THE AGREEMENT BY THE BUYER

1. If the buyers cancels an order not yet delivered, he agrees to pay the seller at least 30% of the amount cancelled as liquidated damages. Without the seller having to prove his loss. If the seller claims a higher percentage, he will be obliged to prove that his damages are higher than a value of 30% of the cancelled order.

F. PACKING AND SHIPMENT

1. All goods travel at buyer's risk and expense from the seller's nurseries and are sold, taken and accepted at seller's nurseries.
2. All extra charges including packaging materials, sacking, delivery will be added to the cost of the goods and these extra charges will become payable immediately on delivery of the goods.

G. TIME OF DELIVERY

1. Frost and other causes beyond the Seller's control are accepted by the Buyer as “force majeure”, if any time of delivery has been agreed.

H. GUARANTEE AND COMPLAINTS

1. Save as expressly provided herein all terms, conditions and warranties whether expressed or implied by statute law, trade and usage or custom or otherwise are excluded.
2. The Seller is not responsible for damage by heating, frost or sea-water during the voyage, nor for delay in delivery of the goods once they have left the premises of the Seller. All the complaints relating to delivery should be made directly to the shipping agents delivering the goods.
3. The Seller is not responsible for the result of planting or forcing any goods supplied. The Seller only guarantees all varieties are true to name and description. At the same time he accepts no responsibility beyond replacing any faulty item, or making an allowance not exceeding the amount charged for the article or articles concerned at the Seller's option.
4. No complaints can be entertained unless made in writing to the seller within 8 days after arrival of the goods.

I. GOVERNING LAW

1. All questions arising out of, or in connection with this contract shall at the option of the Seller shall be construed in accordance with the laws of the Republic of Ireland.

J. REFERENCES

1. New clients are requested to furnish trade references and the name and address of their bank.

K. SUBSTITUTIONS

1. Any varieties, no longer available, will be substituted with species of equal merit and growing habit, unless specifically instructed otherwise in writing by the purchaser.

L. ADDITIONAL CHARGES

1. There is an additional charge for speciment trees with ongoing well defined central leaders of 25% extra on the basic price for that size.
2. All works and services outside the nursery will be considered as project management under the following headings. Consultancy, Design, Planting.Costs range between 25-40% of the value of the order.

M. DELIVERY PREPARATION

1. Please give us a minimum of five working days as this allows us to give the maximum attention to lifting and preparing your order for delivery.