Lime Distributors Services


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Lime Distributors Services Terms of Trade and Website Terms and Conditions of Use

1. Orders

1.1) All Orders are accepted only upon and subject to the terms set out in the following conditions and to any specific terms and conditions which are shown on any written quotation These terms and conditions shall prevail over any terms and conditions in the Customer’s Order and any previous terms and conditions of the Company whether oral or in writing


2.1) Any price quoted by the Company is EXCLUSIVE of Value Added Tax or any similar fiscal imposition that is not included in the quotation and will be charged in addition

2.2) If the Contract relates to the spreading of lime slag fertiliser or any similar product (A Spreading Contract) or to the spraying of crops either growing or harvested (A Spraying Contract) and on completion of the work it is apparent that the area in fact treated or the quantity of the produce in fact treated (as the case may be) is found to differ from the area or weight specified in the quotation then the company reserves the right to receive payment from the customer at the rate per acre or tonne (as applicable) as quoted in respect of the actual acreage or weight in fact treated should the amount thereof result in an increased amount due to the company

3.The Customer

3.1) Insofar as the Contract is a delivery only or a spreading contract and or a spraying contract the customer undertakes to inform the company of any matter known to him and not reasonably apparent to the company which calls for special care to avoid damage by the company in carrying out its contractual commitments and agrees to have an authorised person available at the site where the service is to be preformed to point out to the company’s representative or operator the precise area or quantity to be treated with any special features applicable thereto

3.2) Insofar as the Contract is a spreading contract and or a spraying contract he shall satisfy himself when the treatment commences that it is to be carried out in accordance with his reasonable requirements and if it is not satisfactory he shall immediately notify the company’s operator before any further work is carried out and in default of his complying with this provision the company can accept no responsibility or liability for any claim howsoever arising if the damage complained of could have been avoided or reduced had the customer notified the operator at the time contemplated by the provisions of this clause and in those circumstances the company’s liability is excluded

3.3) Accepts that if it is a spreading contract and or a spraying contract the application of an exact tonnage quantity or rate of application per acre cannot be guaranteed in any way by the company and no claim can be accepted by the company in respect of failure to apply or treat at the specified tonnage quantity or application rate

3.4) Shall be entitled to cancel this contract without being liable for any payment either by mutual agreement with the company or if the treatment has not begun or if the goods have not been supplied (as the case may be) within seven days of the approximate date fixed for the commencement of the treatment or delivery (as the case may be) and the customer shall be entitled to the refund of any of any monies paid to the company by him in respect of the contract but shall not be entitled to any other monies whatsoever. It is a term of each contract made by the company that by the nature of the services provided by the company it cannot guarantee the date of execution of the treatment and or the date of delivery (as the case may be) and save for the customer being entitled to rescind the contract as aforesaid the customer shall have no claim of any nature whatsoever against the company for lateness in carrying out of the contract whether such damages be direct indirect consequential or otherwise and the contract price quoted has taken this exclusion of liability into account.

3.4) If the Contract shall be a spraying contract the customer shall have the option if rain has fallen within four hours of completion of the treatment and this fact is notified to the company as soon as practicable thereafter on the same day as the treatment has been completed and the effectiveness of the spraying shall have been substantially adversely affected by such rain of having the field or fields in question resprayed by the company at one half of the contract price plus VAT

4. Liability of Company

4.1) The liability of the company in the respect of any defective goods or services supplied or provided by it shall limited to the free replacement by the company of such goods or services and any other loss or damage of any description arising directly or indirectly or consequentially or otherwise either in contract or tort is expressly excluded and the purchase price quoted to the customer by the company has taken such partial liability into account

4.2) Without prejudice to the generality of the sub clause (4.1) hereof the company can accept no liability in the case of a spreading contract and or a spraying contract whatsoever for any damage howsoever resulting from “blow off” after the spreading of lime slag fertiliser or any similar materials or the spraying of chemicals weedicides pesticides and similar items and should such “blow off" adversely affect the crops or property of any third party then the Customer will fully and affectually indemnify the Company in respect of any claim which may be brought against the Company in connection therewith

4.3) Without prejudice to the generality of sub-paragraph. (4.1) Hereof the Company acts only as the supplier of goods or as a Spreading / Spraying Contractor and does not hold itself out as a consultant or expert in connection with the use of the products sold by it or the nature of the products spread or sprayed Nevertheless as a gesture of goodwill from time to time the company will provided free of charge suggestions as to the type of product to be used and manner in which the same shall be used or applied but such advice on the strict understanding that no liability of any either in contract or tort (including negligence) shall attach to the company and or its servants and or its agents arising out of or in connection with or in relation to such advice unless the company has been specifically contracted to provide such advice for specific monetary consideration

4.4) Without prejudice to the generality of the sub clause (4.1) the supply by the company to the customer of any product shall not include any condition of warranty that such product is suitable for any particular purpose unless the company has been specifically requested by Customer to advise him with regard thereto and he has the Company a specific monetary consideration in respect thereof

4.5) Without prejudice to the generality of subparagraph (4.1) hereof` in connection with any contract by the Company with the Customer for the treatment of cereal seed the Company cannot accept any liability in damages either direct indirect consequential or, otherwise respect of any lack of germination or of crop failure whether in part or whole due to the use of seeds which have been treated by the company

5. The Company

5.1) Without incurring any liability whatsoever may refuse to carry out any part of this Contract if in its opinion the carrying out of such part of the contract would cause any damage and: or be dangerous or for any other reasonable reason and in such circumstances this Agreement shall terminate forthwith in respect of such part of the Contract which the Company shall refuse to carry out save that the Customer shall reimburse the contractor both before or after such determination as a result of the agreement in respect of such part of the contract which the Company shall perform

5.2) Whilst every effort will be made to supply the product which is specifically ordered by the Customer for the carrying out of this Contract the Company reserves the right to supply in the event of its being unable to supply the particular product the nearest product thereto in grade and or quality and/or price


6.1) Payment is due on the 14th day of the month following the month in which the goods were delivered or the service was completed (as the case may be) by the Company, time for this purpose being of the essence. If payments are not made strictly in accordance with this provision then in addition to the invoiced price any additional discount negotiated will become null and void the Customer shall pay interest to the Company at the rate of 2˝ % per month on the full invoiced price (including V.A.T.) and any costs or charges that the Company may incur resulting from late payment for each calendar month or part thereof expiring on the 27th day of each month that the payment shall be outstanding and remain unpaid.

6.2) All products sold by the Company are sold on a “Delivered to Farm” basis unless otherwise stated by the Company The delivery point on the Farm shall be at the option of the Company but without prejudice to the generality thereof every reasonable effort will be made to deliver the product to the position specified by the Customer but the right to determine whether this can be done is strictly reserved to the Company and where it is impractical to deliver to specific part of the Farm then delivery will be made to the nearest spot on the hard road considered by the Company to be suitable for unloading.

6.3) The Customer shall inspect the products sold to him or the service supplied as soon as practical after either delivery or the service has been carried out as the case may be and if the Customer has any claim against the Company as to the quality quantity or nature of the goods supplied or the service performed then he must give notice in writing to the Company of that fact as soon as practical thereafter and in any event within a reasonable time and in normal circumstances the Company would consider that written notification which is not received within 48 hours from the time of delivery or the time of completion of the service (as the case may be) would be unreasonable. If the Customer shall fail to give such notice the product or service supplied shall be deemed to be in all respects in accordance with the Contact and the Customer shall have no claim of whatsoever kind or whatsoever nature against the Company either in contract or in tort unless the Customer could not reasonably be aware at the time of delivery or of completion of the service (as the case may be) or within 48 hours thereafter of the nature of the complaint on the basis that he had taken and made all reasonable care and enquiry whether or not that in fact be the case.


7.1) If the Contract relates to the supply of goods to the Customer by the Company the risk in the goods shall pass upon delivery but equitable and beneficial ownership shall remain with the Company until full payment has been received (each order being considered as a whole) or until prior re-sale in which case the Company's beneficial entitlement shall attach to the proceeds of resale or to the claim for such proceeds.

7.2) In the event of full payment not having been received by the Company (each order being considered as a whole) then the Customer hereby irrevocably grants and permits the Company access to any property which it shall own lease or which shall be under its control to enable the Company to collect and remove any of its product and or materials which are in the possession of the Customer, but in which the equitable and beneficial ownership has not yet passed to the Customer in accordance with the provisions of sub-clause (7.1) hereof.


8.1) If the Company at its free and unfettered discretion shall at the Customer's request agree to take back from the Customer any goods which have been supplied and delivered to him by the Company and such goods being in no worse Condition than They were at the time of delivery then the Company will issue a Credit Note to the Customer for the price it charged for the goods it has agreed to take back less a handling charge which the Company shall deem reasonable in the circumstances and which shall not in any event be less than 10% of the price paid for the goods.

8 2) For the avoidance of doubt the Company shall be under no obligation to take back any goods supplied by it to the Customer and the provisions of clause (8 1) hereof shall only apply if the Company in its absolute discretion shall decide so to do

9. Arbitration

9.1) Any dispute or differences arising from this Agreement (save for action to recover any sum or sums which are due and payable and which nave not been paid) shall be referred to arbitration in accordance with the Arbitration Acts 1950-1979 or In accordance with any statutory modification hereof for the being in force by a single arbitrator to be appointed in default of agreement between the parties by President for the time being of the Devon & Exeter Law Society.

10. Interpretation

10.1) In the conditions the singular shall incorporate the plural any obligation by two or more parties shall be joint and several and the masculine gender shall include the feminine and neuter

10.2) The contract between the company and the customer shall be construed in accordance with English Law





Lime Distributors Services Website Terms and Conditions of Use


1. These Terms and Conditions

1.1 By accessing this web site and the services thereby provided (the "Services") you agree to these Terms and Conditions between you and Lime Distributor Services  ("LDS").

1.2 Access to the Services shall be conditional upon full compliance with these Terms and Conditions and you are required to read these Terms and Conditions in full.

1.3 LDS may amend these Terms and Conditions from time to time and you agree to the Services being provided subject to the Terms and Conditions as amended.

1.4 Any amendment to the Terms and Conditions shall be posted complete with the date of posting on the web site. 

2. Compliance with Rules and Regulations

2.1 By accessing the Services you agree to comply with any rules and regulations applying to those Services over and above those contained in these Terms and Conditions ("Rules and Regulations").

3. Home Jurisdiction and Governing Law

3.1 By accessing the Services you agree that the Services are and shall be deemed to be provided from England and that the laws of England shall apply to provision of Services, save where otherwise expressly agreed in writing.

3.2 You hereby agree to submit to the non-exclusive jurisdiction of the Courts of England in relation to any dispute or other matter for determination arising in connection with the Services and agree to waive any right to claim forum non conveniens.

4. Intellectual Property Rights and Treatment of Information

4.1 In the course of accessing the Services, you will be granted access to certain information provided by LDS, its Affiliates and certain third parties (the "Service Information"). LDS shall use all reasonable endeavours to ensure that such Service Information is accurate and current.  You acknowledge and agree that LDS does not warrant or represent that such Service Information shall be accurate, complete or reliable and shall not be held liable for any reliance which is placed upon it. LDS 's web site may contain links to other web sites developed and maintained by third parties.  These links are provided solely for your convenience and LDS do not endorse or approve the linked web site, its content or the third party maintaining such web site.  Further, LDS is not responsible for such sites and cannot guarantee the accuracy of their content.

4.2 The Service Information is provided to you solely as part of the Services and may contain copyrights, trademarks, designs, patents or other intellectual property rights belonging to LDS , its Affiliates or certain third parties.  You agree to deal with the Service Information only in the course of your proper use of the Services and acknowledge that all intellectual property rights in or derived from the Service Information shall remain with LDS.  Save as otherwise agreed in writing or as specified on the LDS web site, no licence or right is granted to you by implication or otherwise, to the Service Information and you will not attempt to profit from such intellectual property rights in a manner inconsistent with the intentions of LDS  in providing you the Services.

4.3 You acknowledge that, without prejudice to the rest of this paragraph 4, the copyright in the LDS web site belongs to LDS In the event of permitted copying, you shall not change or delete any author attribution, trademark legend or copyright notice.

4.4 You agree that the content, format, features, tools, capabilities, appearance and structure of the LDS web site (including the general types of information selected and the Service Information) is and shall be deemed confidential information.  You agree to keep all such information confidential save where the same comes into the public domain without breach of a confidentiality obligation or is independently developed by a third party with no access to such LDS information.

4.5 During the course of accessing the Services certain of your proprietary information (the "Customer Information") may be provided to LDS. You agree that any Customer Information is so provided without restriction or need for further licence, consent or authorisation from you or any third party and is provided without breach of any obligation of confidentiality or of any third party's intellectual property rights.

4.6 You hereby consent to LDS dealing with the Customer Information for all purposes connected with the Services, including the compilation of data about the Services and your use thereof.  Further, you consent to LDS sharing the Customer Information with its Affiliates for the purpose of offering you further products and services in connection with your business.

4.7 LDS will only use the Customer Information in a manner other than as stipulated in paragraph 4.6 above with your prior consent.  Further, LDS will treat that part of the Customer Information which is personal data for the purposes of the Data Protection Act 1998 in a manner consistent with the requirements of that act.

4.8 You hereby acknowledge that you shall be liable for the accuracy and completeness of the Customer Information.

4.9 You acknowledge and agree that LDS shall have the right, but not the obligation, to monitor the content of all parts of LDS's web site.

5. Provision of the Services

5.1 LDS reserves the right in its sole discretion to amend the nature or extent of any of the Services or to terminate or replace any of them in their entirety.  You agree that LDS shall have no liability for any loss or damage, direct or indirect, resulting from the amendment, termination or replacement of any of the Services.

5.2 If you are located in a jurisdiction where either access to or provision of the Services (or any part thereof) is illegal or contrary to public policy, the Services shall not be deemed offered to you and you should cease to access the Services (or the relevant part thereof).

5.3 LDS may terminate your access to the Services forthwith upon breach by you of any of these Terms and Conditions or any of the Rules and Regulations.  If access is terminated, you undertake not to attempt to gain further access to LDS.

6. Security

6.1 You acknowledge and agree that the internet is an inherently unstable environment and absolute security cannot be guaranteed by LDS.  You agree to hold LDS harmless against losses or claims against it made by you or any third party in respect of any breaches of internet security, save in the case of LDS's gross negligence or wilful misconduct.  You also acknowledge LDS's unqualified right to amend its security systems when it deems appropriate.

7. Misuse of LDS

7.1 You agree not to use the LDS web site for any illegal or illicit purpose and not to transmit any item which is offensive, threatening or salacious or which is of a sensitive nature (including as to racial or ethnic origin, religious beliefs, health or criminal records) or which infringes or violates any law or any third party's rights.

7.2 You agree not to transmit any item containing a virus or other computer program likely to cause damage or disruption to LDS.

7.3 You agree not to interfere with the LDS web site (including by linking, spamming or framing), nor to use any automated process to copy or monitor activity on the site.

8. Liability

8.1 You acknowledge and agree that use of the Services is free of charge and shall be entirely at your own risk.  Subject to the terms of this paragraph 8, you agree that neither LDS nor its Affiliates shall be liable for any loss or damage whatsoever suffered by you or any third party as a result of your access to and use of the Services whether as a result of negligence, misrepresentation or otherwise, irrespective of whether such loss or damage was foreseeable or previously brought to the attention of LDS.

8.2 Further, you agree that neither LDS nor its Affiliates shall have any liability for: (a) corrupted data or e-mails; (b) unavailability or sufficiency of the Services (to include the accuracy, validity, completeness or timely delivery of any Service); or (c) third party misuse of any LDS data.

8.3 You agree to indemnify and keep indemnified LDS, its Affiliates and all directors, employees and agents thereof against all losses and damages suffered by them resulting from your access to and use of the Services save in the case of LDS's gross negligence or wilful misconduct.

8.4 Nothing in paragraph 8 shall be deemed to attempt to limit LDS's liability for death or personal injury resulting from LDS's negligence.

8.5 LDS's web site is provided "as is" and all implied representations and warranties (other than those incapable of exclusion, restriction or modification) shall be hereby excluded, including those relating to fitness for purpose.

8.6 You agree that the exclusion of liability contained in this paragraph 8 is reasonable in light of your relationship with LDS.

9. Entire Agreement and Miscellaneous

9.1  These Terms and Conditions shall constitute the entire agreement between you and LDS.

9.2 All prior agreements relating to the Services shall be superseded hereby and no previous representations, oral or written, shall be deemed incorporated herein.

9.3 If any part of these Terms and Conditions shall be deemed invalid or unenforceable for any reason by any competent authority, then the remainder shall remain valid and enforceable and, where necessary, the parties shall in good faith agree replacement provisions.

9.4 Rights of access to LDS's web site granted hereby shall not be assigned by you without the prior written consent of LDS.  These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns.  Failure by LDS to enforce any of its rights shall not constitute a waiver of any of such rights.

10 Definitions

10.1 An Affiliate is a company controlling (directly or indirectly) or controlled by or under common control with LDS.  "Common control" for these purposes shall mean direct or indirect beneficial ownership of 50% of the share capital of that entity.

11 Notices

11.1 A notice served upon LDS shall not be effective unless given in writing, delivered by e-mail and received by LDS at its e-mail address from time to time.

11.2 Any notice given to you shall be effective when given in writing, by e-mail, to your last notified e-mail address.