Terms and Conditions

Please read carefully as this contract is made on these conditions and when you contract with Genus Softworks Ltd t/a Genus Plant Sourcing you will be taken to have accepted them.

1. GENERAL

These terms and conditions apply to the Supply of Plants as defined in 1(b)(vii) below.

Definitions

1. “The Parties” are the parties to the contract who are:-
2. “The Customer” is the purchaser or purchasers of the Plants (use of verbs in the singular will be used even where there is more than one purchaser) and
3. “Genus” is Genus Softworks Ltd (Registered No.4332333) t/a Genus Plant Sourcing registered office: Fretherne Nurseries, Fretherne, Gloucestershire, GL2 7JF.
4. “The Ultimate Client” is the client for whom the Customer is contracting with Genus to purchase Soft Landscaping but with whom the Customer accepts Genus has no contract.
5. “The Plants” are the plants, trees and other similar living material being the vegetation supplied by Genus to the Customer
6. “The Curb side” is the roadside near to the outside of the Ultimate Client’s property or other place to which delivery is made by Genus at the request of the Customer.

1. Any single condition adjudicated invalid by the Courts will not affect the validity of any other condition in the contract.
2. Nothing in this contract will limit a Customer’s statutory rights.
3. Time of delivery of the plants by Genus is not of the essence of the contract. So that in the event of late or non-delivery 10 will apply.

2. PAYMENT

For all Contracts where all or some of the plants comprising the same are being sourced from overseas the whole Contract price for such plants is due and payable in full within 7 days of receipt of invoice on the Customer’s placement of his order.

Payment for the balance due under his contract is due prior to delivery and within 7 days of invoice.

The Customer will pay all monies outstanding, including VAT, on demand (interest on amounts overdue is at HSBC Bank base rate plus 2%) and will be liable for reasonable legal charges incurred by Genus in recovery of amounts due.

Where the Customer pays by credit card Genus reserves the right to add a surcharge equal to 2% to the contract price.

Genus is prepared to accept the Customer’s request that Genus invoice the Ultimate Client direct and to accept payment from the Ultimate Client (if such a request is made on the making of this Contract) but nothing in any agreement to such an arrangement and/or variation in the terms of the payment relieves the Customer from liability to Genus should the Ultimate Customer fail to pay.

For delivery delays past one month of the original delivery date Genus reserves the right to levy a charge of 5% of the original order cost to cover any plant maintenance. 

With regards to any delayed orders that include Bareroot or Root ball stock that need to be containerised due to the delay, Genus reserves the right to charge for labour and associated potting costs. 

3. DELIVERY

The Delivery charges are for one delivery of all the plant as the subject matter of this contract in one consignment.

Delivery is to the curb side only and it is the Customer’s responsibility to ensure that they have sufficient assistance and/or equipment to off load and to move the plants from the curb side.  Where appropriate equipment and/or it’s operator are unavailable, Genus shall be under no obligation to off load. 

Notwithstanding above, in the event that Genus does assist the Customer to move the Plants from the curb side such assistance will be accepted by the Customer at their own risk and Genus will not accept any liability howsoever arising to the Ultimate Customer for damage to their property caused in the moving and the Customer now warrants that they are fully insured against any such accidental damage. Genus also reserves the right to charge the Customer and additional hourly rate equivalent to the gross hourly rate paid by it to those delivery drivers.

Unless a delivery date has already been confirmed, please allow up to 15 working days for delivery. We are unable to offer timed delivery slots and will aim to deliver between 8am and 5pm. Our drivers will be in contact on the delivery day with an update on timings.

4. OWNERSHIP PLANTS

All the plants remains the property of Genus until full payment. Delivery will not be made without payment being made in full prior to delivery.

5. CANCELLATION OR POSTPONEMENT OF THE WHOLE OR PART OF THE CONTRACT BY THE CUSTOMER BEFORE ANY WORK IN SOURCING THE PLANTS HAS COMMENCED

In the event that the customer terminates the whole or any part of the Contract Genus will accept the same without penalty.

The Customer may postpone the Contract for up to 6 months from the date for contractual delivery and Genus will use its best endeavours to deliver the plants on a later date elected by the Customer, but the Customer accepts that Genus’ work schedule or the weather may prevent it from accepting the Customers later date and may offer alternative dates to the Customer and the Customer will have to elect one of Genus’ dates as the new contract date.

Should the Customer postpone for more than 6 months then Genus may treat this as a termination by the Customer.

Should a Contract be postponed by more than 6 weeks, Genus reserves the right to levy an additional maintenance charge on the order at 5% of the total value.

6. ALTERATION OF THE CONTRACT 

BY THE CUSTOMER: The Customer may alter the Design or the specification of any of the plants prior to final invoicing, the Customer must understand and accept that no cancellations can occur once the final invoice has been agreed.  Plant numbers can be increased after the final invoice, and additions can be accepted with the understanding that these may need to be subject to a secondary delivery charge if we’re unable to deliver these with the original delivery. Items that have been acquired especially for the customer cannot be cancelled unless the Company is advised of their cancellation prior to the final invoice.  Stock items may be cancelled by written notice at the discretion of the Company.

7. TERMINATION OF CONTRACT BY GENUS

In the event that the Customer attempts to postpone the Contract for less than 6 months and the Customer will not accept the alternative delivery dates offered by Genus then Genus may elect to treat such postponement as a cancellation without penalty or without liability to itself for any resultant loss.

In the event that the Customer attempts to postpone the Contract for longer than 6 months Genus may treat such longer postponement as a cancellation without penalty or without liability to itself for any resultant loss.

Where the Customer is in breach of Contract or is involved in insolvency proceedings Genus may elect to terminate the Contract immediately and repossess the plants without affecting any of its rights to recover monies due, damages for breach of contract or other remedies.

8. CUSTOMERS RESPONSIBILITIES

The Customer warrants that they are a professional gardener and/or garden designer and has knowledge of the specific needs for the care of the plants the subject matter of the Contract and will use their knowledge to ensure the plants are properly looked after immediately on delivery, planted properly and initially cared for.

The Customer undertakes to advise their Ultimate Client on the watering needs and other specific care of the plants and use their best endeavour to obligate the Ultimate Client to take good and proper care of the plants once the Customer has left site.

Any claim that goods have been delivered damaged, are not of the correct quantity or do not comply with their description must be notified verbally by the customer within 1 working day, and subsequently followed up in writing within 5 working days. 

Any alleged defect must be notified by the Customer to the Company verbally within 3 working days of delivery, or in the case of a defect that is not reasonably apparent on inspection verbally within 3 working days, and followed up in writing within 5 working day, with photographs to support this where possible. 

9. GENUS’ RESPONSIBILITIES

Genus will use its best endeavours to source and provide healthy plants and unless the Customer notifies Genus verbally within 3 working days, and subsequently in writing within 5 working days of delivery of the failure of any individual plant the Customer is taken to have accepted that all the plants were healthy at the time of delivery. We believe that all plants supplied are true to name. In the unlikely event that a plant is not true to name Customer must notify us in writing accompanied by photographic evidence in the first growing season following purchase.

Provided the above has been adhered to, Genus will replace any individual plants or plants complained of as outlined above free of further charge, within 1 year of the original delivery date. 

Genus will provide basic advice as to the aftercare of the individual plants on request, but this does not relieve the Customer of his responsibilities above.

10. LIMITATION OF GENUS’ LIABILITY

Genus shall under no circumstance have any liability of whatever kind for:

a – Defects resulting from weather, accident, failure to tend, improper use by the customer or neglect from an instructions provided by the customer. 

b – The suitability of any goods for a particular purpose or use under specific conditions, whether or not the purpose or conditions were communicated to the Company.

Genus liability does not extend to consequential financial loss caused.