Terms and Conditions of Sale and Rental

1. General

   In these conditions of sale and rental:

   • The "Company" means Botanical Group Services Ltd Ltd trading as BGS.
   • Correspondence address: Botanical Group Services Ltd, Glenfield Park, Philips Road, Blackburn , Lancashire BB1 5PF
   • The "Customer" means any person contracting with the Company for the supply of products or services.
   • "Delivery" means delivery by the Company or any subcontractor employed by the Company directly or indirectly.
   • "Delivery Date" means the date specified by the Company when the Goods are to be delivered.
   • These conditions may only be modified by a variation in writing signed on behalf of the Company by a Director.
   • Submission of a purchase order online will be taken as agreement to these conditions of sale.

2. Supply of Products

   Products are sold under the express understanding that:

   • Contracts for the supply of goods or services to commercial or domestic Customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, The Consumer Protection (distance selling) regulations 2000 as amended by S1689 2005. Any Customers contracting in the course of their business are excluded from consumer protection legislation and are contracting with the Company on a business to business basis.
   • The Company require any complaint to be made in writing by the Customer within 48 hours of delivery.
   • All products (however delivered) shall be at the Customer's risk from the time of delivery. After such time the Company shall be under no liability for loss or damage or deterioration of the product from whatever cause arising.
   • In order to ensure a consistent supply, the product specified may on occasions be supplied in packaging different than that represented on the web site. However the specification will remain the same unless otherwise notified.

3. Payment

   • Any Client order is accepted subject to the Clients credit being approved by the Company.
   • The Company may in its absolute discretion at any time prior to delivery require payment of the price in whole or in part before making delivery to the Client.
   • The Company shall only deliver Goods and services to the Client after satisfactory credit approval has been received by the Company or pro-forma payment has been received.
   • Unless otherwise stated in writing by the Company payment is due to the Company for any goods or services supplied thirty days from the date of invoice.

4. Delivery

   • The Company will make every effort to deliver products on the agreed date, but if for any reason the Company is unable to deliver then no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever.
   • Delivery by the Company shall be conditional upon access free from encumbrances and good roads being available to the Company's vehicles to the place of delivery.
   • The Company will not accept any liability for damages to property caused during delivery.
   • If the Company, or its agent, cannot gain access to the delivery address then additional costs may be incurred. Deliveries may be made using large vehicles and it is the Customer?s responsibility to inform the Company if there may be an access problem. This above action must be completed before 2.00 pm on the day prior to delivery. Delivery vehicles, on occasions, use tail lift offloading, and it must be emphasized that the delivery vehicle must be able to park in an area where the delivery is to be made. A pallet truck is then used to manoeuvre the products off the tail lift to the kerbside delivery point. The Customer, or somebody appointed by the Customer, should be at the delivery point to accept the delivery.

5. Third Party

   The Company shall not be responsible for nor shall they accept any penalties, costs or damages as a result of any undertakings from a third party.
   The Company shall not accept or be required to accept any undertakings or conditions offered to the Client by or from any third party.

6. Inability to Supply

   • Should the Company not be able to perform the services ordered for reasons beyond its control (including failure by the Client to supply delivery or other instructions) or on account of industrial disputes or, in the case of stock items, on account of stock being exhausted the Company reserves the right to cancel any order subsequent to acknowledgement of it upon giving the Client reasonable notice and the Company shall not then be liable for any loss thereby caused.

7. Insolvency

   This clause applies if:

   • The Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
   • An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the Customer or
   • Botanical Group Services Ltd reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

   If this clause applies then without prejudice to any other right or remedy available to Botanical Group Services Ltd Ltd, Botanical Group Services Ltd shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Customer and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

8. Cancellation/Returns Policy

   • Any cancellation must be received within a working day period (see item ?12)? below for details of working days) of no less than 24 hours prior to dispatch. In such circumstances that cancellation is less than a 48 hours working day period then notification must be by telephone to 01254 267999.
   • Cancellations being made before a working day period of 48 hours prior to dispatch should be by one of the folfollowing methods:
     email to info@botanicalgroupservices.co.uk
     Fax to 01254 267992
   • If the cacellation/returns policy has not been followed by the Customer, they are required to return the goods at their own expense to Botanical Group Services Ltd, Glenfield Park, Philips Road, Blackburn, Lancashire BB1 5PF within 7 working days of delivery.

9. Order amendments

   • Any order amendments must be made before goods are despatched; despatch may be up to two working days prior to delivery. We are unable to amend orders after despatch.

10. Customer's Premises

    • The Customer will at all times be responsible for the security and insurance of their equipment.
    • The Customer will comply with all requirements of Health & Safety Legislation.
    • Delivery will be made on a kerb side delivery basis and will be the Customer's responsibility to move the product from the place of delivery to the area of requirement.
    • The Company accepts no responsibility for injury or damage caused to persons or equipment whilst on Company premises.

11. Rental

    • The rental period shall commence on the date of delivery of the goods to the Customer and shall terminate when the Company collects the goods.
    • The Customer will give at least 14 days notice of termination of rental which shall not be less than the rental period agreed with Botanical Group Services Ltd.
    • The units will be at the risk of the Customer during the rental period, and the Customer will indemnify Botanical Group Services Ltd for any loss, damage or expense arising from the Customer's failure to comply with these Terms and Conditions.
    • The Customer will at all times keep the unit clean and in good condition and will reimburse to Botanical Group Services Ltd the cost of any cleaning and repairs or of making good any damage caused thereto during the rental period howsoever the same may be caused.
    • The Customer will reimburse Botanical Group Services Ltd for cleaning the unit In instances where salt has been emptied directly into the unit.
    • If the Customer shall fail to punctually pay any sum due to Botanical Group Services Ltd under this hiring contract or shall allow anything to be done whereby the Company?s rights in the rental product may be prejudiced or jeopardised then Botanical Group Services Ltd may treat the renting contract as being wrongfully repudiated by the Customer and in such event the Customer hereby authorises Botanical Group Services Ltd forthwith to retake possession of the unit and for that purpose to enter into or upon any premises or site where it may be and take the unit from any land or buildings (the Customer being responsible for any damage thereby caused but without prejudiced to any other right of Botanical Group Services Ltd against the Customer for the recovery of monies due).
    • All rental invoices are charged monthly in advance.
    • The Customer must obtain permission from Botanical Group Services Ltd in writing should they wish to reposition any equipment to another site prior to the repositioning.
    • Botanical Group Services Ltd remains owners of all rental equipment.

12. Working Days

    • Working days are Monday, Tuesday, Wednesday, Thursday and Friday.
    • Public holidays, Saturday and Sunday are not working days.

These conditions and any contract or variation are governed by the law of England. Any disputes arising from these conditions or any contract or variation entered into by the Company with the Customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the arbitration act 1950 or any modification thereof for the time being in force.

This policy does not affect your statutory rights.

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