Website Terms & Conditions
Website Disclaimer or Terms & Conditions
These Terms & Conditions apply to all goods supplied by Frank P. Matthews Ltd. Company No: 492484, VAT Registration No: GB 135 0333 11.
Website Disclaimer
While we have taken care to ensure that the content on this website is accurate, this website and the services accessible on or via this website are provided "as is" and your use of and reliance on the information on this website and the online services is entirely at your own risk.
We do not represent or warrant that the website, advice, opinion, statement, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such advice, opinion, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.
Without derogating from the generality of the above, we will not be liable for:
- any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for reasons beyond our control;
- any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;
- any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
- any event over which we have no direct control.
Prices
The prices shown supersede any previous catalogues and lists and are applicable until 31st December 2008. After this date we have the right to change prices at any time on all undelivered goods. All prices are exclusive of VAT. Please note that VAT is NOT chargeable on fruit trees, soft fruit, fruit budwood and graftwood and most fruiting Malus crab apples.
Small Quantities
Stock such as hedging, rootstocks, budwood and graftwood can only be supplied in minimum quantities.
Payment
Payment is due 30 days from date of invoice. Thereafter interest will be charged at 2% per month.
Delivered orders
Delivery is free in England and Wales on individual deliveries over £1000 and for Scotland over £1250.
For all other cases including Ireland and Northern Ireland delivery charges will be kept to a minimum depending on value and distance. It may not be possible to specify charges at the time of ordering.
Deliveries made by other means will be charged at cost including labour and materials for packing. Please note that we cannot guarantee to be able to pack and send container grown trees due to weight and size.
All charges relating to delivery costs may change at any time.
Royalties/Protected varieties
All royalties are included in the listed prices. ® indicates that the variety is registered for Plant Breeders Rights. Propagation by unlicensed growers is prohibited.
Legal Title
All goods whether delivered or collected remain the property of Frank P Matthews Ltd. Until paid for in full. However, all liability for goods shall pass to the customer on receipt of delivery or on collection.
Guarantee
We will replace or credit any stock that is unsatisfactory under the following circumstances;
Any goods damaged in transit or unsatisfactory which are delivered by our own transport should preferably be returned on the same delivery vehicle or notified to us in writing within 3 working days.
Any damaged or unsatisfactory goods delivered by any other means must be notified to us in writing within 5 working days from the date of dispatch. All other claims including consequential loss are excluded. We cannot be held responsible for losses beyond our control.
Cancellation
Once an order is placed and acknowledged we can only accept cancellations at our discretion. If an order is cancelled wholly or partially we reserve the right to charge up to 50% of the order value.
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Privacy policy
Any information supplied by you will only be held and used for our purposes in order to conduct business with you and to improve our level of service. We will not pass on your details to any third party without your express agreement.
Availability
Products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order cannot be fulfilled we will let you know.
Use of this site
You may view or print individual pages from this site for your own personal use but you may not copy, reproduce, modify, distribute, republish, re-sell, display, post or transmit any part of this site without our permission.
Changes to the terms
We reserve the right to remove, modify or change without notice any information on this site from time to time. If you use the site after any changes have been made you will be bound by the new terms. You should therefore ensure that you read the terms each time you use the site.
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