Conditions of Sale 1) All contracts between Bodnant Garden Nursery Limited (hereinafter "BGN") and the Customer for the     sale of plants or other goods are subject to these Conditions of Sale. These Conditions of Sale     supersede all previous conditions of sale. 2) Prices/Terms of Payment     (1) All prices charged by BGN are inclusive of VAT at the current rate (at present 17.5%).     (2) BGN will make every effort to maintain its published prices, but reserves the right if necessary to vary     its prices without prior notice.     (3) An extra charge will be made for Carriage and Packing in accordance with the terms published by     BGN.     (4) BGN requires payment in full prior to despatch of the order. 3) Availability of Plants and Despatch     (1) All plants are offered subject to satisfactory crop and availability on receipt of order. When a variety of     plant is no longer available, BGN will not substitute that plant unless specifically requested by the     Customer to do so.     (2) BGN makes every effort to despatch all orders promptly, but despatch is subject to the availability of     plants.     (3) The Customer may visit BGN personally to collect his/her order on prior notification, in which event     BGN will make no charge for Carriage and Packing.     (4) Title to and risk in the goods passes to the Customer on delivery to the carrier. 4) Quality of Plants     (1) BGN makes every effort to despatch plants in good condition, true to name and securely packed.     Consignments should be unpacked and watered or otherwise appropriately cared for immediately     upon arrival.     (2) In the unlikely event that any plant fails to arrive in good condition, BGN will not be liable for any such     damage unless the complaint is notified in writing to BGN within 7 days of receipt by the Customer. If     the damage is shown to have been caused or contributed to by the fault of BGN, BGN will refund the     purchase price or supply an identical plant or plants at its own option.     (3) BGN will not be liable for any failure or ill health of plants due to wrong planting, unsuitable soil or     climatic conditions, accidental damage or circumstances beyond the control of BGN.