What you will receive:
Nymphaea 'Lily Pons' is the signature water lily of Lilypons Water Gardens in Marlyand, USA in much the same as 'Gloire du Temple sur Lot' was for Latour-Marliac. Both these lilies have sensational peony-like double blooms that elicit much admiration in the water garden.
Spread: 1.2m - 1.5m
The flowers darken with age, changing from yellow-orange to red
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1) We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
2) If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
3) Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
4) If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
a) store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
b) make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
c) after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
5) If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
6) Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7) We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.
Inspection and acceptance of Goods
8) You must inspect the Goods on delivery or collection.
9) If you identify any damages or shortages, you must inform us in writing within 15 days of delivery, providing details.
10) Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
11) Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
12) We will be under no liability or further obligation in relation to the Goods if:
i) if you fail to provide notice as set above; and/or
ii) you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
iii) the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
iv) the defect arises from normal wear and tear of the Goods; and/or
v) the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
13) You bear the risk and cost of returning the Goods.
14) Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 15 days after delivery.
Risk and title
15) The risk in the Goods will pass to you on completion of delivery.
16) Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
17) Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
18) As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.