Terms and Conditions

Plant Health Solutions provides independent research and development, consultancy, seed health testing, plant disease clinic and diagnostic services for horticulture and agriculture.

General terms and conditions for use of this website

By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our privacy policy, govern our relationship with you in relation to this website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
• You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Every effort is made to keep the website up and running smoothly. However, Plant Health Solutions takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• This website contains links to other websites which are not under the control of Plant Health Solutions. We have no control over the nature, content and availability of such sites. These links are provided for your convenience to provide further information. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England.

General Terms and Conditions of Business

Definitons

• "Customer" means the company or persons with whom this agreement is made.
• "Plant Health Solutions", "PHS" means Plant Health Solutions Ltd.
• "Work", "Services" mean the work done for or services supplied to the Customer by Plant Health Solutions Ltd.
• "Parties" means the Customer and Plant Health Solutions Ltd.
• "Intellectual Property" means intellectual property of every sort, whether or not registered or registerable in any country, including, among others, all proprietary information, data, inventions, patents, trade marks, unregistered marks, trade secrets, designs, creations, copyrights, software, domain names, discoveries, know-how, methods and techniques, biological materials.

Services

• Plant Health Solutions endeavours to take every care to ensure the accuracy of Work done or any results provided in accordance with good scientific practices, however Plant Health Solutions shall not be held liable for any subsequent loss, damage, etc. arising from the use of this information.
• Customers should be aware that a negative result does not necessarily mean that the sample is free from the pathogen, but merely that the pathogen numbers or the infection level are below the detection limit or tolerance standard of the test. Limits are estimated using a 95% probability level.

Payments

• We can accept payments in pounds sterling by bank transfer, cheque, cash or credit/debit card (via PayPal).
• For new customers: full or part payment will be required in advance of work commencing, we will issue a pro forma invoice.
• For exisitng customers: full payment of the sum specified in any invoice shall be made within 21 days of the invoice date.
• Overdue payments will incur interest at 8% p.a. above the Bank of England base rate in accordance with late payments legislation.
• All bank charges associated with payments made by the Customer for the Services/Work (e.g. for currency transactions) shall be payable by the Customer.

Timescales

• Plant Health Solutions shall make all reasonable endeavours to complete the Work within agreed time scales, but shall not be liable for any failure to do so where the cause of such failure is beyond their reasonable control.

Intellectual Property

• All Intellectual Property belonging to either Party at the commencement date and/or subsequently developed by them independently of this agreement shall unless otherwise agreed remain the property of that Party at all times.
• All intellectual property arising out of the Work shall belong to the Plant Health Solutions unless otherwise agreed.

Confidentiality

• The Parties are aware that in the course of work under this agreement they will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.
• The Parties hereby undertake for themselves and every employee or sub-contractor whose services they may use both during and after termination of this agreement that they will not divulge to any person whatever or otherwise make use of (and shall use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information of the other of them, unless required to do so by law.
• Each of the parties undertakes to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by its employees agents and sub-contractors with these provisions.

Liability and Indemnity

• The Customer shall provide PHS, in a timely manner, all information and materials as are necessary to carry out the Services/Work and warrants that all information provided will be accurate. The Customer further warrants that it will provide written notice of any hazards, known or suspected, that might potentially arise in the use of such materials or information.
• The Customer warrants that they have obtained all necessary licences, approvals, permits or authorities required in relation to the materials and/or Services and accepts full responsibility and liability in respect of any failure to obtain such permissions.
• PHS accepts no liability and the Customer shall assume full responsibility for any use made by the Customer (or by any third party that receives information or materials directly or indirectly from the Customer) of any information or materials arising out of the Work except to the extent that it can be demonstrated that PHS has been negligent in providing such information or materials.
• Liability in respect of the above paragraph shall be limited to the total receipts by the PHS from the Customer under this Agreement.
• The Customer shall indemnify and hold harmless PHS against any claims for loss, damage or injury made by any third party (including any employee of the Customer) arising out of the Work. PHS makes no warranty or representation that the use of any information provided to the Customer will not infringe the rights of any third party.

Waiver

• The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.

Law

• The Agreement is subject to English law and to the exclusive jurisdiction of the courts of England and Wales.