Terms & Conditions

Nicholson Nurseries Ltd trading as NICHOLSONS

Registered and Trading Office: The Park, North Aston, Bicester, Oxon. OX25 6HL

Company registration No. 04820053                               VAT No. 819 1458 17

 

General: Applicable to all contracts

All references to “you” in these terms are a reference to the party contracting with Nicholsons.

Nicholsons operates its own Health and Safety policy.

Nicholsons is insured against Employer’s Liability and Public Liability risks. Nicholsons take no liability for consequential loss.

Incorporation of these terms:

All contracts between Nicholsons and you are subject to these terms and conditions (as appropriate) and shall prevail over any other terms and conditions (including in any purchase orders you may send us) or in any communication between us. No other agreement, representation or promise of any kind shall form part of, alter, vary, supersede, or operate as a waiver of these terms unless expressly made or accepted by the us in writing. A contract on these terms shall be made when either we accept an order from you, or when you accept a quotation from us, as the case may be.

You shall be liable to pay to Nicholsons, on demand, for all reasonable costs, charges or losses sustained or incurred by Nicholsons, its agents, subcontractors, consultants and employees arising directly or indirectly from your fraud, negligence, failure to perform or delay in the performance
of any of your obligations under the Contract, subject to Nicholsons confirming such costs, charges and losses to the Custom in writing.

You shall accept that, unless expressly specified otherwise, email can be used as a means of communication between you and Nicholsons, including (without limitation) authorising the contract between you and Nicholsons, distributing the deliverables, carrying out all reasonable and necessary communication required by Nicholsons, its agents, subcontractors, consultants and employees.

Intellectual Property Rights: As between you and Nicholsons, all the Intellectual Property Rights and all other rights in the Deliverables shall be owned by Nicholsons.  You shall be entitled to use any reports provided by Nicholsons for the purpose provided only.

Limitation of Liabilities: Nicholsons’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the contract shall be limited to the price paid for the Services.

Force majeure: Nicholsons shall have no liability to you under the contract if it is prevented from, or delayed in performing, its obligations under the contract or from carrying on its business by acts, events, omissions or incidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Nicholsons or any other party), failure of utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of IT systems, plant or machinery, fire, flood, storm, or default of suppliers or subcontractors.

Consumers: If you are a consumer you may cancel a contract at any time within seven days: for goods beginning on the day of receipt of the items; or for services from when the contract is agreed between you and us. Please note that you cannot cancel the contract once we have started to perform the service, or where you have agreed to us starting to perform the services before the end of the seven days. If you wish to return the items, you must return them to us. You must pay the cost of returning the items to us. Alternatively, we can collect the items from you, but you will have to pay the cost of us collecting the goods.

To cancel the contract you will need to send a letter to us. You can send the letter by post, email or by personal delivery. You should send your letter to our trading address as set out above. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.

If the goods and/or services (a) do not conform in all material respects to their description (b) are not of the right quality (c) are delivered and/or provided late (d) the services and/or products are not available e) the services and/or products are faulty, we will, in each of the foregoing cases, comply with your statutory rights.

Please note that your right to cancel does NOT extend to perishable items including living plants.

Quotations: Quotations shall be valid for a period of 30 days, after which the quotation shall no longer be valid.

If the quotation is for a scheme of works, the quotations assume that the whole scheme is to be undertaken – Nicholsons reserve the rights to change their rates if only part of the quoted scheme is accepted.

Quantities are taken from the appropriate drawing, where appropriate.

Budget figures are approximate costs. Final costs will depend on detail and materials agreed.

Provisional sums are included but may not be needed in the final contract. Quotations assume all spoil can be disposed of on site in accordance with applicable laws and with ease, unless otherwise stated. Quoted prices are dependent on good ground conditions, and assumes that the soils on site are suitable for planting.

Nicholsons is contracted to provide the plants/services/deliverables stated in the quote only. Any additional plants/services/deliverables required by the you, beyond that outlined in the quote, will be subject to additional charges at our current rates (or as agreed) and will be paid in addition to the agreed contract price.

Unless specifically mentioned, the quotation for the works does not include any watering or maintenance. This will be the sole responsibility of the Client.

The quote assumes clear access to work areas and materials at all times. Any delay caused by lack of access or materials supply will be charged accordingly.

Order Change: Where an order has been placed, but following which changes are requested, if such a change is accepted by us (which shall be at our discretion), we reserve the right to increase our unit rates or add an amount to offset the additional costs incurred.

If an order is cancelled we reserve the right to make a charge of 10% for handling and/or administration.

Timing: Nicholsons reserve the right to make changes to appointments and timings of work where adverse weather conditions, unforeseen circumstances or where emergency works need to take precedence. All reasonable efforts will be made to notify the client to avoid disruption.

Nicholsons will use reasonable endeavours to provide the services and/or the goods materially in accordance with the agreed scheme and any dates mentioned in the agreed scheme are estimates only and time shall not be of the essence for performing the scheme.

Access and Site Hazards: Whilst our staff will operate with care and diligence, often our work and/delivery of goods entails the carrying of large amounts of material over lawns and past properties. Please make sure that vulnerable surfaces (such as white walls) are adequately protected (builders polythene is a good method) and that fragile objects are moved (such as pots etc.). Our staff will be more than happy to move heavier objects for elderly or disabled clients. Lawns tend to recover rapidly but very wet weather can give rise to very muddy conditions. We are able to provide boards to protect the lawn; however, this is not a standard procedure and may incur an additional cost. If in doubt, please discuss this aspect with us.

You shall co-operate with Nicholsons in all matters relating to Services.

You shall provide Nicholsons, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to your premises/land/garden/data as required. You shall inform the Nicholsons of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the your premises.

It is the responsibility of the client to warn the contractor of site hazards (including the location of services) that the client is aware of as some may not be obvious during the contractor’s risk assessment. Costs to the contractor due to a lack of such warning may be billed to the client. If limited information is available, CAT scanners may be used if required and every effort will be made to safeguard your property, but ultimately if damage is caused through accidental damage to services that had not been identified by you, then it will be your responsibility. Injury or damage occurring to plant, equipment or staff will be the responsibility of you should accurate information not be disclosed.

Supply of Goods: For Plant Supply only – Prices are ex-nursery, unless quoted for separately. We reserve the right to alter prices without prior notice.

Delivery can be arranged – please ask for quotation.

All goods (plants and materials) remain the property of Nicholsons until the full price has been paid. However, all liability for the goods shall pass to the client on collection or receipt of the goods. The client is responsible for watering and checking all plants and turf once these are planted or laid on site.

Plants are offered subject to availability at time of order or if later, acceptance of a quotation. Visitors are welcome to inspect the nursery.

Nicholsons reserve the right to substitute plants where the specified plant is not available, or to omit them altogether and deduct the cost from the final bill.

Heights and pot sizes are a guide only and may be subject to change, which may accordingly affect prices.

Plant Passport No. UK/EC/14009

Contracting – General

All contracts are subject to a 20% deposit (unless otherwise agreed), which must be paid in full before the commencement of work on site.

Upon completion of the works, the responsibility for the well-being of the plants will be passed to the Client, unless agreed otherwise.

Whilst every reasonable effort will be made to deal with invasive perennial weeds during planting there is no guarantee they will not return.

It is the client’s responsibility to check for and control these weeds. Any planting out of season upon request of the Client, will be the responsibility of the Client.

A supply of water shall be made available free of charge to Nicholsons for the use and requirement of the works being undertaken. Access to and from the premises shall be made freely available to Nicholsons for the purposes of its work and this shall include free onsite parking, to the extent needed, and otherwise at the cost of the Client.

The condition of any plants requested to be salvaged and replanted shall be the responsibility of the Client.

Newly laid turf and seed may be subject to slumping after laying. While all precautions are taken to avoid this happening, Nicholsons cannot be responsible. All work may be subject to re-measurement on completion. Where required, later remedial work will be charged at our usual day rate, unless covered by a provisional sum elsewhere.

Contracting – Arboricultural Work

Standard of Arboricultural Work: All work shall be completed in line with BS3998 ‘Recommendations for Tree Work’ where appropriate unless agreed otherwise with the you.

Tree Preservation Orders, Conservation Areas and Felling Licenses: If the Client is unsure if there are any statutory reasons which would prevent the work being carried out, (e.g. Tree Preservation Orders or Conservation Areas) then Nicholsons must be advised of this at the time of accepting the quotation. If so advised, or if protection is suspected, Nicholsons shall check for the presence of legislative protection (TPO’s and conservation areas).

We would be happy to make an application on your behalf but would advise that a charge may be made for this service but no additional charges shall be applied to this work without first seeking your acceptance.

Investigation of Private Covenants shall be the responsibility of the Owner and no liability shall attach to Nicholsons for a breach of any such Covenant.

Felling: When specifying the felling of trees, this does not include the removal of stumps. If required, Nicholsons can quote for this as a separate item. If contamination is found within the lower stem (e.g. wire, concrete, gravel, nails etc.) the stem will be left as low to the grounds as reasonably practical as dictated by the nature and extent of contaminants.

Stump Grinding: Stump grinding is not automatically included in the quotation unless quoted separately. Due to the nature of stump grinding the stumps will be ground down to approximately 150/200mm below the surface level depending on which machine is used. Under no circumstances are roots included in the grinding unless they are exposed above the surface level and are part of the discussed quotation. In all cases grindings will be left on site and used to back fill the hole, unless specified at time of quotation. There will be no guarantee that planting can be undertaken in the same place once the stump is removed.

Payment

All prices are exclusive of VAT (unless specified otherwise).

Payment terms:

  • Payment is due in full on collection or delivery of plants and sundries.
  • For contracting services payment is due within 7 days of the date of the invoice.
  • For trade account holders: payment is due within 28 days of invoice unless stated otherwise in writing. Trade accounts can be applied for.
  • Thereafter a late payment surcharge of 10% is payable and invoices not paid within 56 days shall in addition be charged interest at a rate of 15% per annum until paid.
  • Monthly interim invoices will be submitted for jobs lasting longer than a month. These are also subject to the same terms as above.

If any payment is not made on the due date, Nicholsons may suspend any further provisions of services and/or goods under the Contract until payment is made (without prejudice to any of its other rights) and we reserve the right to cancel the Contract in relation to such further provisions of services and/or supply of goods and recover any goods already supplied and at your expense. If any payment is not made when due, then any guarantee (excluding those required by law) will cease to apply: this does not affect your statutory rights.

Guarantee

Nicholsons’ aim is to provide the highest quality plants and workmanship. If there are any defects which are the fault of Nicholsons, these will be remedied as soon as practicable.

Any complaints regarding the quality of the plants, materials or workmanship should be made as soon as possible and will be considered only if made within 7 days of collection, delivery or completion of the contract. If you are a consumer, this does not affect your statutory rights.

Nicholsons cannot be held responsible for the condition of the plants/job after acceptance of the delivery or signing off of the job; nor for the replacement of any plants that fail to grow due to unsuitable soil conditions, inappropriate choice of plant for site conditions, inappropriate

planting or maintenance (unless under Nicholsons’ advice), adverse weather conditions, lack of maintenance (unless Nicholsons are contracted to do this), or other causes beyond Nicholsons’ control.

Insurance is available to fully guarantee planting. If a full guarantee is required please request a quotation. Forestry plantings should be expecting an overall survival rate of at least 90% with full maintenance.

Data Protection

Nicholson Nurseries Limited trading as “Nicholsons” will use your personal data for the purpose of the processing, administration, statistical analysis, assessment and analysis, marketing, customer services, customer profiling , analysing your purchasing preferences, improving our services . We may disclose your information to our service providers and agents for these purposes .

You have a right to request a copy of the personal data we hold about you, and to correct any inaccuracies in your information.

NICHOLSONS                                                                     Feb 2016