Plants bought with serious pest....

Rooneyroo

In Feb 2019 just, I had 20 x 10ft laurel hedging plants in pots delivered. Did due diligence and bought from reputable nursery that supplies large contractors. This weekend many plants were wilting and on investigation discovered many vine weevil larvae amongst roots. Life cycle of bug means they have been feeding off roots over winter before I bought them and have now damaged enough root to cause wilting and probably death. Nursery owner called in response to my email on Easter Saturday, obviously concerned, and says first time he has known it 'but these things happen' and is suggesting I treat with nematodes ASAP. Not possible to get for a further few days and anyway not a cure. Having had previous experience with vine weevils they will any day now transform into beetles and move from plant to plant laying 1000s of eggs and the cycle begins again. They are almost impossible to eradicate once introduced. The process of 'control' is expensive and time consuming. We have a large garden with many other plants which would be at risk. Consequently I wish to have the infected laurels collected and either replacements or a refund of the £1250 paid. As there is no argument that the pest was in roots of plants when they were delivered, and the life cycle proves that, what are my rights as a consumer?
Any knowledgable help much appreciated.

neilmcl

Have you had this conversation with the seller, and what did they say?

Just to clarify something, you mention them as a supplier to large contractors, are you a contractor yourself or did you purchase as a consumer? If the latter, and as the plants were supplied with a "fault" then clearly you are entitled to a full refund, or if you prefer a replacement. Your rights are enshrined in the Consumer Rights Act 2015.

kazwookie

I would suggest you contact the seller / supplier again, by phone and follow up in writing requesting the plants to be collected and a full refund to be given.

For that amount of plants / ££ did you have a contract of any sort? or what T&C does the supplier have regarding root stock?

Where did the supplier over winter the stock?

Rooneyroo

Thanks neilmcl for such speedy response. No I am not a contractor, just wanted plants for instant garden screen, but as they are a commercial set up selling en mass to landscapers and developers I felt that was a positive. Yes, seller called me back 6:30pm Easter Sat, saying he didn't want me to think they were ignoring me, so obvs concerned. Said v surprised as they treated all pots twice a year for this problem, hadn't happened before but 'these things can happen'. Can't remember exact words, but jist was the nursery would assist in sorting out problem. Offered to order nematode treatment from their suppliers if I hadn't got any over b/h weekend. I didn't get the feeling that they would be offering to replace or refund, but they would assist me in dealing with my problem. I am so hoping I am covered under the 2015 Act, but I need to be sure of my rights and wording when I contact them on Tuesday as I'm sure they will avoid if possible. They don't appear to have any more stock in that size and delivery charge was £140 + vat. Returning such large plants will be quite a performance as they arrived on pallets from other side of country. The whole thing is a bit of a nightmare.
Thanks again.

Rooneyroo

Hi Kazwookie, I will do as you suggest, call and follow up in writing, I just need to be sure of my rights and how to word it first. I had a pro forma invoice not a contract as such.
I have been told stock was kept under glass for last 6 months.

The relevant T&Cs are a bit confusing (esp after 2 sleepless nights!):
WARRANTIES AND LIABILITY 1.In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department. 2. The Seller does not provide any warranty cover against defects in his own right. 3. If the Buyer is dissatisfied with his purchase for any reason he may, within seven days of delivery, contact the Seller’s customer service department to arrange for collection of the goods at the Buyer’s expense. The Buyer’s account shall then be credited with the full purchase price of the goods. This credit may be used to buy items from the Seller’s on-line catalogue. It may not be exchanged for cash. 4. Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law. 5. In any event and despite anything contained in these conditions, in no circumstances shall the Seller be liable in contract, tort (including negligence or breach of statutory duties) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses (ii) for any loss of profit, business contracts, revenues or anticipated savings, or (iii) for any special indirect or consequential damage of any nature whatsoever.

THE PRICE AND PAYMENT 1. Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed. 2. In any event time of delivery shall not be of the essence. 4. The Seller shall not be liable for any delay in delivery howsoever caused.

ACCEPTANCE OF THE PRODUCTS 1. Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products after 5 working days of delivery to the Buyer. 2. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.

TITLE AND RISK 1. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.

Many thanks for your interest, it is much appreciated.

Davesnave

Using the Consumer Rights Act terms, you have received goods that are not of satisfactory quality. You are outside the 30 day window to reject and ask for money back, but within 6 months you can request replacement with healthy plants. Do that and also take photographs to back your claim if the seller decides to try and fob you off. You can always go via the Small Claims route if negotiation fails.


A ten foot laurel is a poor investment at the best of times IMO, since planting shrubs when they are small usually leads to easier establishment and less failures. A sensibly-sized one might cost £7 -£10. Large plants constricted in pots and with damaged root systems are unlikely to do well over time, even if they survive, and if we have another dry summer, it might well be curtains.

As for the weevils, you cannot claim anything for 'infection,' as unless you live in a very isolated spot, they will be endemic, having walked to you from neighbours. Of course, neighbours will say it's the other way round! The good news is that in the ground, rather than in pots, the damage they do to most plants is minimal.


Finally, the owner of the nursery may be truthful in saying they treat 2x a year, but unless he does this himself, rather than employing a minion, he won't know how thoroughly the work was done. Nematodes work, but in cold weather at the end of the autumn, chemical treatment is more reliable.