Website Terms and Conditions
This website is operated by Oxy-Plants. Throughout the site, the terms “we”, “us” and “our” refer to Oxy-Plants. Oxy-Plants offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 – Products Or Services (If Applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Vouchers, Gift Cards and Promo Codes
Gift codes entitle the holder to goods/services equal to the value stated on the voucher.
Gift codes may only be redeemed at https://oxy-plants.com.
Gift codes may not be exchanged (partly or fully) for cash.
Gift cards are not partially redeemable.
Gift codes may only be used once. Gift Codes may not be used in conjunction with any other offers or promotions.
Only one Gift Code may be used per transaction. Please contact email@example.com to merge orders made with multiple Gift Codes that are to be delivered at the same time.
If the Gift Code holder’s order value exceeds the amount of the Gift Code, the Gift Code holder will be required to pay for the remaining value of the order.
Gift Codes expire 12 months from the date of issue (date of issue is defined as the date of the email containing the Gift Code being sent to the purchaser).
Oxy-Plants Ltd retains the right to refuse to redeem the Gift Code if we suspect any fraud relating to the Gift Code.
Oxy-Plants Ltd is not liable for lost Gift Codes. Lost Gift Codes can only be replaced if adequate proof of purchase is provided and the Code has not been redeemed. Contact firstname.lastname@example.org in the event of a lost Gift Code.
Promotional codes cannot be used in conjunction with any other offers, with any items already on sale, or any Lechuza products.
Section 9 – Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 10 – User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 11 – Personal Information
Sections 12 – Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 13 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 14 – Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Oxy-Plants, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 15 – Indemnification
You agree to indemnify, defend and hold harmless Oxy-Plants and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 16 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 17 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 18 – Right to Cancel
You have the right to cancel your Order up to 72 hours ahead of your scheduled delivery time. If you exercise this right then you will receive a full refund of the cost of the Products ordered and the costs of delivery. If you opt to cancel your Order after this point, but before the delivery of Products, you will receive a refund of the cost of the Products ordered, but not for the costs of the scheduled delivery.
Up to 14 days after receipt of Products, you have the right to return your items at your own cost, or by asking Oxy-Plants to collect the Products delivered. We will then issue a refund of the cost of the Products delivered. If we collect the Products, you will, however, be subject to a collection charge unless the Products are faulty in any way.
We reserve the right to cancel and refund orders at any time.
Section 19 – Refunds
In cases of damaged or missing Products you may be entitled to a refund of the cost of the damaged or missing Products. If you do not report your delivery as damaged or missing within 30 days of receipt, then we reserve the right to refuse a refund or replacement.
We may ask for photographic evidence of any damage and without this cannot process a full refund or offer a replacement. At Oxy-Plant’s discretion, if the damage to the Products minor, cosmetic or superficial, we may offer you a voucher instead of a refund or replacement.
Section 20 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
Section 22 – Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 23 – Contact Information
Questions about the Terms of Service should be sent to us at email@example.com.
Section 24 – Competions, Contests, and Prizes
In each competition or promotional offer, entrants must accept the holds the following regulations:
- Competition Period – Each entry to a competition must comply with the designated timeframe outlined by each competition. Any entry to a competition given after the end of a competition period will not be eligible for the designated prize.
- Competition Regulations – Each entry to a competition must comply with the regulations, guidelines, and/or instructions, laid out by our company. Any entry entries which do not comply with these entry requirements or which contain any third party intellectual property without prior informed consent from the rights holder, will be disqualified.
- Method of Selection – Our company can choose freely upon the method of selecting winners, through judging, draw, voting, or any other way we see fit. Should any participant object to the method of selecting winners, then they are free to formally retract their entry to the competition.
- Company Liability – Our company is not responsible for any of the following entries:
- i. Late, plagiarised, unintelligible. incomplete entries.
- ii. Inaccurate contact details provided by the entrant that result in the inability for our company to contact that entrant.
- iii. Our Company reserves the right to amend these terms and conditions or to cancel, alter or amend the draw or the prize due to any circumstances that arise beyond the Promoter’s control.
- iv. Our company reserves the right to disqualify any entrant or winner that does not comply with our terms and conditions, or could bring our company into disrepute.
Section 24(A) – Oxy-Plants Competition May 2023
For our full terms and conditions, click here.
Who is running this promotion?
- The company is Oxy-Plants (47760) whose registered office address is The Cube, Coe Street, Bolton, England, BL1 6BU
- By entering the promotion you agree to and are bound by these terms and conditions.
Who is eligible to enter this prize draw?
- This contest is only open to residents from the UK and Northern Ireland.
- Entrants must have internet access and a valid Facebook or Instagram account.
- This contest is not open to any of the company’s employees or any subsidiaries, affiliates and suppliers, or their immediate family.
What is the closing date?
- The contest is open from 11:00 3/5/2023 to 11:59 on 8/5/2023 (the “Contest Period”).
How do I enter?
- To enter entrants must:
- Like the Coronation Giveaway post
- Follow @oxyplantsltd
- Tag a friend in the comments section of the competition post
- Share the competition post on your story
- No purchase or payment is required.
- Any entries which do not comply with these entry requirements, or which contain any third-party intellectual property without prior informed consent from the rights holder, or which contain any abusive, inappropriate, offensive or obscene language or imagery will be disqualified. Examples of language/images considered to be inappropriate, offensive or obscene, include (but are not limited to): any message/image which contains (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) sexual innuendo, sexual language or sexual acts, actions or gestures; (d) promoting any illegal unlawful activity such as drug use; (e) any message that appears to be an advertisement or solicitation to buy; and (f) any materials (whether written or visual) that directly or indirectly relate to our company’s competitor brands or that show any intention of promoting any brand other than our company’s brand.
How many entries can I have?
- There is no limit to entries, but each entry must contain a different named person than previous entries. Each comment with a tag-counts as a separate entry.
What is the prize?
- There are 2 prizes to be won consisting of:
- 1x Weeping Fig “Golden King” (130cm)
- 1x Marble Queen (30-50cm)
- No transfer or assignment of prizes will be permitted except by the Promoter.
How will the winner be selected?
- Instagram entries will be voted on to select a winner.
- This draw will be conducted on 9/5/2023 12:00.
How will the winner be notified?
- The winner(s) will be notified by the Promoter replying to the comment and/or direct private message via the Instagram account used to enter the promotion within 14 days of the date of the draw.
- The winner(s) must reply to the notification within 7 days from the notification date, in order to confirm the postal address to which the prize can be sent.
- Please allow up to 30 days from the postal address details are supplied for delivery of the prize.
- If no response is obtained within 5 days from the notification date, the prize will be forfeited and may be awarded to an alternate winner selected in a random draw from the remaining eligible entries. Again, the promotion winner must reply to the notification within 5 days from the notification date to claim the prize. There will be 3 alternate drawing(s) after which the prize will remain unawarded. The unclaimed prize will not be awarded.
Use of your personal information for this promotion
- Our company is the controller for the processing of personal data in connection with the contest.
- Our company will use your email address, name, or any other contact details you provide for the contest for purpose and duration of the promotion. Our company will use this information for the sole purpose of contacting you should win the promotion.
- Our company is not responsible for late, lost, misdirected, mechanically reproduced, mis-delivered, incomplete, illegible, or unintelligible entries, messages or post; unavailable network connections; failed, incomplete, garbled, or delayed computer transmission; online failures; hardware software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the promotion in any manner.
- Our company is not responsible for any inaccuracy in the contact details supplied by the entrant that may result in the inability of our company to contact that entrant.
- Our company reserves the right to amend these terms and conditions or to cancel, alter or amend the draw or the prize due to any circumstances that arise beyond our control.
- Our company reserves the right to disqualify an entrant or winner that, in its absolute discretion, could bring Promoter into disrepute.
- Our company can disqualify any entries that have failed to abide by and/or are in breach of these terms and conditions.
- This competition is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You are providing your information to the company and not to Instagram. The information you provide will only be used as stated in these terms and conditions. By entering the competition, entrants will be deemed to have released Facebook and Instagram from any and all liability arising from their participation in the promotion or out of, pursuant to, or as a result of the carrying out of the competition.
- Our company’s decision is final, and no correspondence will be entered into.
- Our company reserves the right in its absolute discretion to amend or waive any of these Terms and Conditions, or suspend or cancel the competition at any stage, in the event of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these Terms and Conditions)
What laws apply to this promotion?
30. This promotion is governed by the laws of England and Wales.
Business to Business Terms and Conditions
These terms and conditions (T&Cs) apply where a Client has agreed that OXY-PLANTS LTD will hire, install and/or maintain the Displays (with or without plant hire) for the period specified below (Service Agreement), the hire, installation and/or maintenance of Displays for limited periods (Hire) or that the Client will purchase plants and containers from OXY-PLANTS LTD (Sales) each as itemised in this agreement and in accordance with the terms set out below.
Section 2 – Service Agreement
The Client accepts the Services and/or Displays (as applicable) for an initial minimum term of eighteen (18) months commencing from the date of this agreement unless otherwise agreed. This agreement will automatically be extended, if not terminated or varied and will operate until such time as it is terminated by either party giving at least two (2) calendar months written notice of termination. No termination can take effect before the last day of the initial minimum term except under Clause 17.
Hire: The Client accepts the Displays and (where agreed) the Services for the period set out in this agreement in accordance with these T&Cs.
Sales: The Client purchases the plants and any related items in accordance with these terms and conditions for the agreed price and in the condition as inspected by the Client. Risks in the items purchased pass to the Client upon delivery and title to the items passes to the Client upon full payment.
Section 3 – Payments
The Client agrees to pay the fees specified in this agreement. Fees under a Service Agreement are payable in advance each calendar month within seven (7) days of the date of invoice. Hire Fees are payable at the conclusion of the hire. Installation and removal fees are payable on all plant hire arrangements. Payment for Sales is within seven (7) days of delivery. Fees payable under this agreement exclude any amount in respect of GST which is payable in addition to the Fees upon OXY-PLANTS LTD providing a tax invoice. The invoiced amount must be paid in full without deduction or set-off.
Section 4 – Definitions
OXY-PLANTS LTD means OXY-PLANTS LTD Company Number 12822858.
Client means the person, company or entity set out on page 1 of this agreement.
Display(s) means the items including plants and containers and services (if applicable) agreed to be sold, hired or maintained by OXY-PLANTS LTD as described in this agreement or as substituted in accordance with this agreement.
Initial installation means the date that the Client’s specified site is enhanced and energised by the installation of the Display.
Initial minimum term means the term of twelve (18) months commencing from the date of this agreement.
Services means where OXY-PLANTS LTD has agreed to maintain plants, (with or without plant hire) OXY-PLANTS LTD will undertake a range of essential tasks in relation to the Displays, including water and fertilise plants as necessary, keep all Displays cleaned and trimmed, remove any damaged, spent or unsightly foliage, check for disease, generally spruce up and beautify the Display leaving the surrounding area clean and tidy.
GST means the goods and services tax or similar tax imposed by the Government.
Section 5 – Acceptance
The Client’s acceptance of these T&Cs may be confirmed by signing this document, confirming its acceptance by email or allowing OXY-PLANTS LTD to perform the Services.
Section 6 – Ownership
The Client acknowledges that all Displays or other items installed by OXY-PLANTS LTD pursuant to an agreement for plant hire (either Service Agreement or Hire) remain the sole property of OXY-PLANTS LTD. OXY-PLANTS LTD may replace any Display at any time provided the replacement is of equivalent or better standard.
Section 7 – Commencement of Service
Where OXY-PLANTS LTD is engaged to Service Displays, OXY-PLANTS LTD will commence Service within twenty (20) working days (Mon-Fri 7am to 5pm except public holidays) of initial installation or such other date agreed in writing with the Client.
Section 8 – Pricing Policy
After the initial minimum term, and no more than once annually, OXY-PLANTS LTD may review the fee it levies under any Service Agreement and may increase that fee by written notice to the Client.
Section 9 – Responsibilities
- Responsibility of OXY-PLANTS LTD
OXY-PLANTS LTD agrees it will:
in the case of Sales, sell the Displays to the Client free of any claims by third parties;
in all other cases, supply, install and/or Service the Displays in accordance with this agreement;
require its employees/ contractors to comply with any reasonable security or safety direction given to them while present at the Client‘s site; and in the case of Services agreements, provide regular Services between business hours of 7am and 5pm Monday to Friday (unless otherwise agreed) sufficient to ensure the visual splendour of the plants is maintained at all times. Service outside these hours will incur additional charges.
- Responsibility of the Client
The Client agrees to:
promptly notify OXY-PLANTS LTD:
if access is unavailable for OXY-PLANTS LTD staff (other than on weekends and public holidays) or if the Displays are damaged or deteriorate between Service calls;
of any hazards at the Client’s site that may present a risk to any personnel. The Client agrees to eliminate or minimise these risks; the Client wishes to relocate the Displays within the Client’s site. Any relocation of Displays will incur additional cost to be agreed;
at least two (2) weeks in advance, if the site location of the Displays will be inaccessible to OXY-PLANTS LTD for more than one (1) week or the Displays are to be relocated from their location at the site; and
if the Client requires OXY-PLANTS LTD to move or relocate the Displays for a temporary period. The Client acknowledges there will be a charge for removal, storage and re-installation above and beyond the regular fee.
inform its own staff not to water, fertilise, use as an ashtray, pour any liquids of any type into, or relocate or modify any Display;
arrange insurance against theft, destruction or damage to any Displays. The Client acknowledges it is responsible to compensate OXY-PLANTS LTD for the cost of any loss or damage to the Displays where such loss or damage is beyond the control of OXY-PLANTS LTD;
provide OXY-PLANTS LTD’ staff with sufficient access to hot and cold water for use in the maintenance of the Displays;
pay the cost of hiring and use of any specialist equipment required by OXY-PLANTS LTD to carry out Services or relocate or remove the Displays;
ensure the temperature range to which the Displays are subject remains in the range of 15 to 25 degrees Celsius inclusive. The Client acknowledges this is the most appropriate temperature range to ensure optimum performance from the Displays and the Client agrees to use its best endeavours to maintain temperatures at the site within the limits of that range;
not sell, lease or part with possession or otherwise encumber any property of OXY-PLANTS LTD; and
upon termination of this agreement, provide OXY-PLANTS LTD with access to the site to remove all property belonging to OXY-PLANTS LTD as soon as practicable. The Client acknowledge that additional fees will be payable to OXY-PLANTS LTD if multiple visits are required to recover its property.
Section 10 – Delivery Delays
If the Client (for any reason) is unable to take delivery of the Displays under a Service Agreement for rental and maintenance within twenty one (21) days of the date of this agreement, or such other date as may be agreed upon, then the Client must reimburse OXY-PLANTS LTD any extra costs including storage and transport incurred by OXY-PLANTS LTD as a result of that delay.
Section 11 – Reduction
At any time after the initial minimum term the Client may reduce the number of hired Displays by giving no less than three (3) calendar months written notice to OXY-PLANTS LTD. The reduction in Display numbers will be reflected in the monthly invoicing following the date on which the reduction occurs. If the Client has given notice of termination, the number of Displays cannot be reduced prior to the end of the agreement. Where OXY-PLANTS LTD agrees (at its discretion) to accept a reduction or cancellation of any part of the Services, any variation in fees must take accounts of the full costs of providing the Services and Displays including all materials, equipment, service support and administration costs and any variation in fees will not be on a pro rata basis.
Section 12 – Termination
Upon termination of this agreement or a reduction under Clause 12, OXY-PLANTS LTD shall charge a removal fee equal to 10% of the annual fees payable by the Client under this agreement to cover costs of removal. Any fee for specialised equipment under Clause 10(e) will be an additional fee.
Section 13 – Subcontractors
OXY-PLANTS LTD may engage subcontractors to perform the Services for the Client.
Section 14 – Obligations
OXY-PLANTS LTD shall not be responsible for failure to meet any contractual obligations if the failure results directly or indirectly from a cause beyond its control.
Section 15 – Anti-bribery
The Client and OXY-PLANTS LTD agree:
they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any undue financial or other advantage of any kind in any way connected with entry into this agreement;
and they will each comply with all applicable laws relating to bribery and corruption in connection with this agreement.
Any failure to comply with this clause 16 entitles a party to terminate this agreement by notice to the other party.
Section 16 – Termination
OXY-PLANTS LTD may suspend or terminate a Service Agreement or Hire on immediate notice to the Client if:
the Client is in breach of a material obligation and does not remedy that breach within two (2) business days of notice from OXY-PLANTS LTD;
the Client breaches any other provisions and fails to remedy (if capable of remedy) within ten (10) business days of notice from OXY-PLANTS LTD; or
the Client becomes insolvent or deemed insolvent, bankrupt, ceases or threatens to cease to carry on business, a receiver, manager, administrator, liquidator or similar officer is appointed to any of its assets or steps are commenced seeking such an appointment or if any event having a similar effect occurs in relation to the Client.
For the purpose of this clause 17, it is agreed that any non-payment, failure to allow access to the Displays and removal of Displays without approval from OXY-PLANTS LTD are material breaches of this agreement.
Section 17 – Removal of Equipment
On termination of this agreement, howsoever that arises, OXY-PLANTS LTD may remove all of its property in the Client’s possession or control, and for that purpose may enter the premises and remove the property. OXY-PLANTS LTD shall use all reasonable care in removing its property but shall not be responsible for restoring that part of the premises to the original state. If OXY-PLANTS LTD is unable to remove its property, the Client shall be liable for the replacement value of the property that has not been recovered.
Section 18 – Debt Collection Expenses/Collection of Displays:
The Client indemnifies OXY-PLANTS LTD for all expenses incurred in relation to the recovery of debts owing by the Client and this obligation shall survive termination of this agreement.
Section 19 – Privacy and Credit Reporting:
Where the Client is provided with credit, the Client authorizes OXY-PLANTS LTD to: (a) obtain credit reports in respect of the Client and its related entities from credit reporting agencies and other bodies permitted by law; (b) seek and or/disclose information about the Client and its related entities (including information about their credit worthiness, credit history, standing or capacity) that credit providers or other parties are permitted to supply, obtain or receive under applicable privacy legislation; (c) disclose information about the application for credit under this agreement and (if that application is successful), about the Client’s credit account to a credit reporting agency or other permitted body in order to obtain information or credit reports; (d) disclose information including identity particulars, the fact the Client had applied for credit and details of payments that are more than sixty (60) days over due to credit reporting agencies, other credit providers or other permitted bodies; and (e) disclose information about the Client and its related entities to any person considering acting as a guarantor of the Client.
Section 20 – Entire Agreement
Except for variations agreed in writing, these T&Cs supersedes and replaces all previous agreements between the parties in relation to plants and services and contains the entire agreement between them as to its subject matter. To the extent permitted by law, OXY-PLANTS LTD expressly excludes all warranties, guarantees, representations and conditions except as may be made by it in writing to the Client.
Section 21 – Liability
To the extent permitted by law:
OXY-PLANTS LTD will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this agreement, the supply of the Services, the Displays or the sale of any goods.
where a claim relates to a guarantee or warranty under consumer laws, OXY-PLANTS LTD’ total aggregate liability to the Client under or
in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at OXY-PLANTS LTD’ option to:
in relation to claims relating to services, the resupply of the Services or the costs of resupply of the Service: or in relation to claims relating to goods, the resupply of the goods or the cost of resupply of the goods.
(c) in all other circumstances, the liability of OXY-PLANTS LTD to the Client (including in contract, negligence, tort or any common law or statutory right) will not exceed the fees received by OXY-PLANTS LTD from the Client pursuant to this agreement.
Section 22 – General
This agreement may only be amended in writing signed by both parties.
A reference to ‘writing’ or ‘written’ includes electronic mail. If any provision of this agreement is illegal, invalid, or unenforceable, it may be severed without affecting the enforceability of the other provisions.
The parties agree that is agreement shall be governed by the law of the state where the customer is located.