General Terms & Conditions Of Sale

These Terms:

GENERAL

These General Terms and Conditions apply to all offers made by Opperman Plants Ltd (the ‘Seller’) to all agreements concluded between the Seller and a customer (the ‘Buyer’) and to the performance of those agreements. Unless otherwise explicitly agreed in writing, terms and conditions of the Buyer are excluded.  Any varying provisions must be expressly agreed in writing. The varying provisions will have preference over the General terms.

OFFERS/AGREEMENT OF ORDERS.

All offers made shall not bind Opperman Plants Ltd unless they specify a time limit. If a nonbinding offer is accepted by the Buyer, Opperman Plants Ltd may nevertheless revoke the offer within two working days of receipt of the acceptance. Any details published by Opperman Plants about the offered product, including but not limited to images, product specifications and similar communications, on Opperman Plants website or wherever else, serve only as indications. No obligation arises from them on the part of Opperman Plants Ltd, and the Buyer cannot derive any rights from them, unless Opperman Plants Ltd has explicitly stated in writing that the products in question correspond with the published details. An agreement will be concluded at the moment of express acceptance of the order by Opperman Plants Ltd in a manner that is customary in the sector. Offers are once-only and will not apply to repeat orders. Should the purchaser cancel any unfulfilled orders we reserve the right to charge 50% of the value of the order as liquidated damage without having to prove our action.

DELIVERY AND DELIVERY TIME

Any delivery times quoted are an indication only and may in no event be regarded as being of the essence, unless otherwise expressly agreed in writing. Opperman Plants will not be liable for any loss incurred by the Buyer as a result of delays beyond the delivery time quoted.  Should Opperman Plants not be able to perform (part of) an order, they will inform the Buyer as soon as possible. If the Opperman Plants is not able to deliver the ordered quantity, they may deliver a smaller quantity by mutual arrangement with the Buyer, or provide other products that are similar or of the same value.  Unless otherwise expressly agreed in writing Opperman Plants Ltd warehouse or processing area or any other place indicated by the buyer will be regarded as the place of delivery. The risk is transferred to the Buyer at the moment of delivery or, in the event of transportation, at the moment the products are handed over to the haulier or leave the delivery location to be transported, irrespective of whether the transportation takes place from the delivery location and/or whether the Buyer or the Seller pays the transportation costs. Opperman Plants reserves the right not to perform orders if the Buyer has not paid for previous deliveries within the agreed term of payment, if the Buyer has otherwise failed to fulfil his obligations or if, in Opperman Plants opinion, the Buyer is at risk of failing to fulfil his obligations to Opperman Plants Ltd. If the Buyer has not taken delivery of the products at the agreed time and place, the Buyer will be in default and liable for any loss in quality. Non-performance by the Buyer does not relieve him of his obligation to pay the full price.  Opperman Plants Ltd will not be liable for any loss incurred because of non delivery.

PRICES

All prices quoted are ex works (EXW). Unless otherwise agreed, the prices do not include value added tax (VAT), packaging, transport, insurance, and any other costs which may apply at the time of despatch. Transportation insurance will be taken out only at the explicit request and at the expense of the Buyer. The prices are in pound sterling.

FORCE MAJEURE

In the event of force majeure Opperman Plants Ltd may fully or partly rescind the agreement or postpone delivery for the duration of the force majeure. ‘Force majeure’ includes, but is not limited to, circumstances such as civil commotion, war, strikes, natural disasters, epidemics, pandemics, terrorism, weather conditions, traffic conditions such as roadblocks, road work or traffic jams, fire, government measures or the, such, also if these circumstances relate only to the execution of the agreement by enlisted third parties such as a supplier of Opperman Plants Ltd or a haulier.

PACKAGING/EQUIPMENT

The products will be packaged in the manner that is customary in the plant wholesale trade in such a way as will be determined by Opperman Plants Ltd in accordance with sound business practice, unless otherwise agreed in writing. If the products are delivered on durable transport material (stacking trolleys, containers, pallets etc.), the Buyer shall return identical packaging material with the same registration (e.g. a chip or label) to Opperman Plants Ltd within a week of delivery. If loaned durable transport material is not returned on time by the Buyer, Opperman Plants reserves the right to charge the costs associated with the durable material to the Buyer and recover from the Buyer any further loss incurred by Opperman Plants in connection herewith, such as extra rental charges. Any costs initially paid by Opperman Plants Ltd for the return transport will be charged separately to the Buyer unless otherwise agreed in writing. The Buyer shall reimburse the Seller for the repair or replacement costs of reusable and/or durable packaging that is damaged or lost and for any further damage sustained by Opperman Plants Ltd in connection herewith, such as extra rental costs. In the event of a dispute between the Seller and the Buyer with regard to outstanding quantities of transport material the administrative records of Opperman Plants Ltd shall prevail.

COMPLAINTS

Notification regarding complaints concerning visible defects, including quantities and sizes, must be received by Opperman Plants Ltd via e‑mail or telephone immediately after discovery but at the latest within 24 hours of receipt. Notification by telephone must be confirmed in writing by the Buyer within 48 hours of receipt of the products. The Buyer or recipient of the products must also note any visible complaint upon delivery on the transport documents in question. Complaints concerning non-visible defects in products delivered must be notified to Opperman Plants Ltd immediately after discovery.  A complaint must in any event contain a detailed and accurate description of the defect(s), supported by evidence in the form of, for example, photos or an expert report; and a statement of any other facts from which it can be inferred that the products delivered and the products rejected by the Buyer are one and the same.  The Buyer is to enable Opperman Plants Ltd to investigate, or instigate an investigation of, the validity of the complaints on location and/or to take back the products delivered, unless Opperman Plants Ltd has explicitly agreed in writing to waive an investigation on location. The products must be kept in the original packaging.  Complaints that concern only a part of the products delivered will not entitle the Buyer to reject the entire delivery.  Once the time limits referred to above have elapsed, the Buyer will be deemed to have accepted the products delivered and the invoice rendered. Opperman Plants Ltd will then no longer be obliged to handle any claims submitted by the Buyer. If a complaint submitted by the Buyer proves unfounded, the Buyer shall reimburse Opperman Plants Ltd for any costs incurred in connection with the investigation

PAYMENT

First transactions are conducted on a pro-forma invoice basis. Thereafter, customers may be offered a credit account. Please ask for a credit account application form. Payment must be made at the office of Opperman Plants Ltd, using either cash on delivery/collection; or within the credit terms indicated by Opperman Plants Ltd, or bank transfer to a bank account indicated by Opperman Plants Ltd. The Buyer may not defer payment of the purchase price or deduct any amounts from the purchase price without explicit prior written permission from Opperman Plants Ltd. The Buyer will be in default upon the expiry of the term of payment. Opperman Plants Ltd will then be entitled to rescind the agreement with immediate effect. Opperman Plants Ltd is not liable regarding any consequences that this rescindment might entail. If the Buyer is in default, Opperman Plants Ltd will be entitled to charge interest of 1.5% on a monthly basis or, should the legal rate be higher, the legal rate on the amount outstanding, as from the due date of the invoice until the date of payment in full.  If third parties are instructed to collect overdue payments, the Buyer shall account to Opperman Plants Ltd for any court and/or out-of-court costs involved, subject to a minimum of 20% of the outstanding sum, and such sums will fall due immediately.

RETENTION OF TITLE

Title to all products delivered will continue to be the property of Oppeman Plants Ltd until the Buyer has settled in full all amounts that are payable or will be payable to Oppeman Plants Ltd by the Buyer for products delivered by Oppeman Plants Ltd, including payments for any shortcomings by the Buyer in the fulfilment of his obligations. The Buyer may not pledge the delivered products or use them as security in any other manner as long as ownership has not been transferred. If third parties levy or intend to levy an attachment on those products or otherwise wish to dispose of them, the Buyer must immediately inform Oppeman Plants Ltd accordingly.  The Buyer must always fully cooperate, at Oppeman Plants Ltd first request, in Oppeman Plants Ltd exercising of its retention of title. The Buyer will be liable for all costs incurred by Oppeman Plants Ltd in connection with its retention of title and any related actions, as well as for any direct and indirect loss incurred by Opperman Plants arises.

Warranty

Whilst every care is used to supply stocks of highest quality true to name, no warranty expressed or implied is given as to description, productiveness or any other matter, including pests and diseases and we cannot be responsible for failures. Customers must satisfy themselves as to the fitness for the purpose for which the goods are intended. All orders are executed on these conditions only.

Acceptance of Terms

The placing of an order implies the acceptance of the terms, which shall be governed by English Law.