Barrier Trough

Our Terms and Conditions
We are Fosters Foliage by Design Limited trading as Funky Yukka. You are the individual or business named in the quotation which you have accepted. These Terms and Conditions set out our obligations to you and your obligations to us which we refer to as the Agreement when you buy or hire plants and equipment from us, and ask us to maintain these.

Other definitions
These are the meanings of terms which we use:
The start date is when the period of hire and maintenance begins.
The initial period is 36 months after the start date.
Interest is a payment calculated at 4% above the base rate of HSBC Bank plc compounded on each rental payment day.

Rental payment for the initial period means the sum set out in our quotation for each calendar month plus vat, and for each year after the initial period the amount payable in the previous year plus a percentage increase equal to any rise in the Retail Prices Index (all items) published by HM Government over the preceding year.

Plants include the plants and containers and any other item described in the quotation which you have accepted.

Purchase
If you are purchasing plants from us then :
1.We shall do our best to deliver these to you within the period or by the date stated in the quotation; but we shall not be liable to you if we are unable to meet this date (in legal terms time is not of the essence); and in exceptional circumstances we may be unable to deliver the plants to you at all for reasons beyond our control in which case our obligations to you will cease (in legal terms this is force majeure).
2. If you cancel your order 14 days or less before the date by which we are due to deliver your plants to you we may charge up to 50% of the price of the plants.

Hire and/or maintenance
If you are hiring and/or asking us to maintain plants then during the period of the Agreement between us
3. Internal plants. We shall keep the displays of plants full, the plants clean and cared for and will replace dead or dying plants with similar plants by a representative inspecting and attending to the plants at intervals which we believe to be right for this purpose.

3.a External plants. Unless provision has been made and detailed in the quotation, plant replacements of any overgrown, dead, dying, vandalised or stolen plants is not included as part of our external live plant maintenance service and will be costed and charged for separately as required.
4. You will give us access at reasonable times to inspect and attend to the plants.
5. You will make the rental payments monthly in advance. Payment terms are 30 days from date of invoice.
6. You will pay interest and any debt recovery cost upon any late payments.
7. You will keep the environmental conditions as we have advised, and in particular ensure that the air temperature of the area where the plants are placed does not fall below 10 degrees centigrade (50 degrees Fahrenheit).
8. You will not move the plants without obtaining our prior agreement.
9. You will not deal with the plants as though you are an owner, or lend or rent them out to another.

9a. You will periodically check the correct amount of displays are onsite as per the agreed quotation. It is your responsibility to report any discrepancies to us.
10. You will supply water free of charge to our representative for watering of the plants.
11. The Agreement will be for the initial period and then will continue until and unless either you or we have given to the other not less than 3 months notice in writing expiring at the last day of the initial period.
12. When the Agreement has not been ended within the initial period it will continue until either you or we give to the other not less than 3 months notice in writing ending upon an anniversary of the end of the initial period.