Terms & Conditions

1. These conditions of Sale are incorporated into every order for plants at Millview Nurseries (including Alpha Plants) and on acceptance of any such order are terms of the Contract of Sale. In the event of inconsistency between these Conditions and any order form or purchase note delivered to us in respect of an order these conditions shall prevail. Alpha Plants is the young plant division of Millview Nurseries and as such all sales contracts are with Millview Nurseries.
2. These terms and conditions and all orders accepted or contracts made incorporating these terms and conditions shall be governed and construed in accordance with the laws of England and Wales and all parties submit to the exclusive jurisdiction of the English courts.
3. Any Contract of Sale is made on the assumption that plants of the variety and type specified in the Contract will be available at the date of despatch and the Contract is conditional upon the availability of such plants at the time specified for despatch. In the event of such plants not being available for whatever reason we reserve the right to substitute alternative varieties unless the customer specifically requests no substitutions. Confirmation of an order by us, verbally or in writing, does not constitute a guarantee of delivery.
4. Any descriptions or pictures shown in any sales or promotional literature or website content provided by Millview Nurseries or Alpha Plants are for general information and guide purposes only and do not constitute any part of the product specification or contract.
5. Cancellations of orders for young plant material and rooted cuttings must be made as soon as possible and no less than 6 weeks prior to collection / delivery date. On cancellation with less than 6 weeks notice, we reserve the right to charge 50% of the invoice value.
6. All prices issued are subject to alteration without notice, but will be notified prior to despatch. All prices are exclusive of any applicable valued added tax or other tax or duty, which the customer will be additionally liable to pay to Millview Nurseries.
7. Unless otherwise agreed, payment is due within 28 days of the date of the invoice. If payment is not received by the due date Millview Nurseries is entitled to cancel the contract or suspend any further deliveries and charge 2.5% per month from the date of the original invoice until payment in full is received.
8. The title to any plants or goods supplied remains with Millview Nurseries until all plants or goods are paid for in full. However, the plants or goods become the property and risk of the customer from the moment of delivery or collection.
9. All reasonable steps will be taken to ensure that delivery is affected at the agreed time but we cannot accept any liability for any loss arising from delayed delivery however it might be caused. Any damage or delay in transit should be notified to us by the customer in writing within 24 hours from the date of delivery.
10. Should any of the plants supplied fail to comply in quantity, quality or description with the particulars of the order we shall be liable to replace the defective plants with other plants which are in all respects in accordance with the order or if such goods are not available refund the purchase money (or a proportionate part of the purchase money) in respect of the defective plants, but we shall in no circumstances be liable in respect of any other loss incurred by the customer as a consequence of the supply of the defective plants. That notice in writing be given within 24 hours from the date of delivery is a condition precedent to any liability on our part unless the customer can establish that the defect in the plant had not become apparent within that period. No exchange of product or credit will be given until, if requested to do so, the defective plants in question have been returned to Millview Nurseries in reasonable condition and within 7 days from the original date of delivery.
11. We try to ensure that the plants are free of disease or infection but should diseased or infected plants be supplied against any order the customer must give notice in writing to us immediately the presence of such disease is suspected or discovered, or ought with reasonable care to have been suspected or discovered. Subject to us being satisfied that the disease or infection existed at the time of despatch and materially affected the plants and did not arise through any other cause we shall at our option replace materially affected plants or refund the purchase price of such plants but shall incur no other liability in respect of any consequential loss of whatsoever nature arising out of the supply of such plants.
12. Any plants supplied which are subject to Plant Breeder’s Rights agreements are subject to a royalty required by the respective Plant Breeder, and are fully protected under the Plant Breeder’s Rights Act. The placing of an order for these protected varieties constitutes an acceptance of the conditions of the Plant Breeder’s Rights scheme. Propagation is not permitted without a licence agreement. The appropriate royalty has been added to the price charged in respect of finished products and will be quoted separately in respect of young plant material and rooted cuttings.
13. Any seed or plant material supplied to Millview Nurseries by the customer for propagation or growing on is done so at the risk of the buyer and as such no liability shall be accepted for any loss or damage of the stock however caused. Millview Nurseries reserves the right to take any actions deemed necessary to comply with any FERA notices issued to them whatever loss or damage this may cause to the stock and any additional costs in complying with the notice may be charged to the customer over and above the agreed contract price.
14. Millview Nurseries retains a general lien on any of the customer’s equipment or materials in its possession for any unpaid balance the customer may owe to Millview Nurseries. Representatives of Millview Nurseries shall be entitled to enter the customer’s premises and remove and sell such equipment or materials in the event that payment is not made in full within 28 days of notice given by Millview Nurseries to the customer of its exercise of the lien. Proceeds from any such sale may be taken by Millview Nurseries to the value of the outstanding debt with any surplus monies being returned to the customer.
15. On acceptance of our terms and conditions, we are authorised to maintain computer records regarding your company in relation to your business with us (in accordance with the Data Protection Act) and from time to time to send you faxed / emailed information regarding our products and availability or contact you by telephone unless written notification is given to the contrary.