Schram Plants Ltd – Terms and Conditions of Business 2022

In these Terms and Conditions ‘Seller’ means Schram Plants Ltd and ‘Buyer’ means the person, firm or company with
whom Schram Plants Ltd is contracting in the sale of one or more items referred to in this list.

1. LIABILITY

The Seller shall not be liable to the Buyer or deemed to be in breach of the contract by reason of any delay in
performing or any failure to perform any of the Seller’s obligations in relation to the goods if the delay or failure due
to stock suffering from adverse conditions beyond our control or any other cause beyond the Seller’s reasonable
control.
Unless agreed otherwise in writing the seller shall under no circumstances have any liability of whatever kind for:

a) Plant losses caused by flood, drought, frost, improper care, and maintenance etc., after they have left our
nurseries.

b) During periods of extreme weather including storm, drought, freezing temperatures or excessive heat the Seller
may in its absolute discretion without bringing itself into breach of contract for failure to perform withhold or delay
indefinitely the delivery of any goods ordered by the Buyer.

2. QUOTATIONS

Quotations by the Seller unless otherwise stated in them shall remain open for acceptance within 15 days of the
date shown and thereafter lapses automatically. Quoted stock cannot be guaranteed until in receipt of a valid
delivery docket.

3. ORDERING PROCEDURE

Only wholesale/trade orders will be accepted. Under no circumstances will the seller accept orders from the public.

The Seller reserves the right to increase any published prices without notice.

The acceptance of an order does not guarantee the buyer will receive all ordered items, although the seller will do
their best to fulfil all orders. All stock offered is subject to availability & quality on site.

As the seller is working with live stock, factors outside of our control may impact stock availability. The seller cannot
accept the liability for loss of business due to any undeliverable items which were ordered. Plants are only
guaranteed when you are in receipt of a valid delivery note.

When ordering plants, the buyer accepts the liability of these plants and declares that they understand the care
required.

The seller reserves the right to with-hold delivery at their discretion.

4. DELIVERY/COLLECTION

To qualify for delivery orders must be at least one full trolley. All orders are subject to a standard delivery charge of
€30.00 excluding VAT, irrespective of order value. Any order that does not meet the requirements of delivery may be
subject to a higher charge of €55.00 excluding VAT.

Trollies & Shelves used for delivery are property of the seller and must be returned in full at time of delivery. In the
case of the buyer being unable to return the trollies &/or shelves at time of delivery, quantities will be recorded and
collected on the next delivery unless otherwise arranged. In the event of missing/overdue return of trollies or
shelves, the seller reserves the right to issue an invoice for €90.00 excluding VAT per Trolley Base & €10.00 excluding
VAT per Shelf.

The buyer may collect plants from the nursery site free of charge. The seller must be made aware of any collections
at least 24 hours before the desired collection time.

5. ACCOUNTS

Payment is due within 30 days of invoice date unless otherwise agreed with the seller. The seller reserves the right
to ask for payment prior to delivery for any new buyer, with regards to their first order.

If payment is not received within credit terms, the seller may charge interest on any overdue accounts.

Credit may be refused to any buyer with an overdue account at the seller’s discretion. The seller reserves the right to
withhold further supplies in the event of agreed credit limits being exceeded.

Goods remain the property of the seller until the invoice is paid in full. The seller reserves the rights to involve a
third party in the event of an unpaid overdue account.

The buyer agrees to pay in full any/all Debt-collection/Legal costs & fees incurred in securing payment, which must
be paid immediately. No credit will be given for such costs.

6. COMPLAINTS & RETURNS

Should any of the plants supplied fail to comply in quality, quantity or description, refund will be given but we shall
in no circumstances be liable in respect of any other loss incurred by the buyer as a consequence of the supply of the
defective plants.

Any complaints must be detailed to the supplier in writing within 7 days of receipt of goods. Any complaints must go
through the office. The seller has the right to refuse any complaints or returns after this period of 7 days from
delivery. Claims of deterioration in quality after the plants have left the sellers premises will not be entertained.

7. EXCHANGE RATE

Invoices will be issued in euro. Settlement must either be in Euro or Sterling at the going rate offered by our
receiving bank.

The placing of an order implies the customer’s acceptance of these terms and conditions.