Terms & Conditions
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES OF LAWN LAND LIMITED
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Estimate;
1.4 “Estimate” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Estimate;
1.6 “Supplier” means Lawn Land Artificial Grass;
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.5 Every reasonable care has been taken to ensure that the descriptions are accurate, however specifications may change. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation.
Natural products refer to any products which are grown or excavated form the ground.
Natural Products we use consist of timber and stone.
Where natural products are being used they may have colour variations
Any colour variations on natural products are not considered a faulty product or defective.
Where timber is used such as railway sleepers or fence panels, this wood will change colour over time which is not considered a defect or fault.
Wood will shrink, swell, twist, move, split and may crack. This is not considered a fault or defect but a change in the moisture content
Wood & Stone such as Paving will weather which will cause a change in colour.
Natural Stone Products will have variations in colour, this is not a fault or defect but an element of its natural source.
We recommend that pattern concrete is sealed on a regular basis.
A regular basis is usually every 12 months but is dependable on the amount of use it receives.
The original sealant will wear over time and will cause the colour to fade.
This is not considered a defect or fault but a natural cause of wear & tear and weathering.
Any failure to maintain your pattern concrete will void any warranties or guarantees.
Natural Stone products such as Indian Stone, Paving, Blocks etc will require sealing.
Lawn Land do not provide this service.
If the stone is not sealed it is open to absorb moisture which in turn will cause weathering and colour fading.
Failure to maintain your natural products will void any warranty or guarantees
In the event that the warranty is to be relied upon, evidence of maintenance will be required.
Where concrete bases are installed for shed or cabins, we will ensure that the concrete is level.
Bases/slabs should not be walked on or any objects to be inserted into the base. Should this occur then it is the sole responsibility of the customer.
Any rain or debris that lands on the surface is not the responsibility of Lawn Land Artificial Grass.
All concrete will take a minimum of 7 days to cure and will continue to cure over time.
Lawn Land Artificial Grass cannot remove tree stumps.
Tree stumps require stump grinders which is a separate profession
Where we encounter tree stumps that require removal we will advise accordingly
These will have to be removed professionally before we can continue the works in that area.
Lawn Land will not be liable for any delay or impact this may have on completion of works.
3 THE ORDER
3.1 The Quotation attached to these Terms and Conditions shall remain valid for a period of 28 days.
3.2 The supplier reserves the right to amend the quotation fee after this period.
3.3 The quotation is a best approximation and may alter.
3.4 The Customer shall be deemed to have accepted the Quote by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.5 All Orders for Goods and Services shall be deemed to be acceptance of the Quote pursuant to these Terms and Conditions.
3.6 Where the Order is changed or extra work is added please refer to clause 11.
3.7 The Quote attached to these Terms and Conditions are subject to change where the measurements given are inaccurate or changed.
4 PRICE AND PAYMENT
4.1 Payment of the price shall be in the manner specified in the Quote
4.2 All Prices specified in the Quote are subject to VAT unless exemption is applied.
Proof of exemption/reduction is required.
4.3 A deposit of 50% of the Quote is required at the time of placing the order unless otherwise stated in writing by mutual agreement.
4.4 The remaining 50% of the Total is required on the day the works are completed unless otherwise stated in writing by mutual agreement
4.5 For supply only orders, the balance is required in full prior to cutting the turf. Delivery cannot always be guaranteed.
4.6 If the Customer fails to make any payment within 7 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 2.00% per month on the outstanding amounts.
4.7 The Company reserves the right to re-negotiate the price if there are any changes in what has been agreed in the contract/Quote.
4.8 For fixed fee assignments the contract is for the total sum specified in the
quote. Should circumstances arise which could not reasonably have been foreseen at
the time of the quote, the fee may be amended by mutual agreement in respect of the agreed change in work content.
4.9 Payment methods are cash, debit card, credit card* or by BACS (Internet bank transfer)
*Credit card and Debit Card payments incur a 3% charge. Cheque payments are not accepted.
4.10 Requests for adjustment, repair, replacement or cleaning of any constructed or installed item shall not be the cause for delay of final payment, but rather shall be considered warranty items.
5.1 The date of installation or delivery specified by the Supplier is an estimate only. Time for installation or delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or Services.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason.
5.4 Any material brought to, or removed from the site, excess to the contractor’s requirements remains the possession of and removable by the contractor who shall have the right to enter the site for that purpose.
5.5 Any damaged caused by or during delivery to site or improper storage at site or in storage will void any guarantee or warranty. For supply only turf products, it is the clients responsibility to check the turf for any defects during collection or delivery of the products. Once collected from the warehouse or delivered to site any defects due to improper handling will void such warranty or guarantee.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the quote or otherwise agreed between the parties.
7.5 The removal of dog excrement, large amounts of litter, Toys, Furniture or ornaments from the site is the responsibility of the client.
7.6 The customer shall provide water and electricity, if needed, at no charge to the company.
7.7 The customer warrants the site is free of underground problems including pipes, cables, Stumps, sewage drains and waste materials. Where problems are found underground the contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
9 CANCELLATIONS AND REFUNDS
9.1 Any Orders placed for supply only such as Artificial Turf cannot be returned.
9.2 Any Orders cancelled after 7 days of the deposit has been paid will be charged 20% Admin Fee of the Order Total.
9.3 Any Orders cancelled after 7 days will be refunded within 7 working days less the 20% Admin Fee of the Order Total.
9.4 In the event of the Contract being terminated before the completion date. The Company shall submit an invoice for payment for work in progress, and any additional costs incurred in closing off the contract following termination.
9.5 The Company may also claim costs that he or she is bound to pay after the termination was received.
9.6 Where this Contract is terminated because the Client is not satisfied with the standard of the Consultant’s work, the Company reserves the right to reclaim all, or part of, the fees paid under the terms of this agreement.
- ALTERATIONS & AMENDMENTS
10.1 If the client adds extra work to the planned landscape gardening then this will be chargeable. If the measurements given for the garden, by the client, are incorrect, then again any extra labour and materials will be noted and charged to the client.
10.2 Any addition and/or alterations to the contract shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes.
- LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
11.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11.4 We accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.
11.5 We shall not be liable for any defects arising from the clients own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal or other abuse or damage caused by the client.
11.6 If you accept the proposal we reserve the right to use photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information.
11.7 The supplier cannot be held responsible for any boundary disputes arising from the setting out of any fences, walls, or other solid lines constituting a boundary.
11.8 Should circumstances arise which could not reasonably have been foreseen at the time of the Estimate, the fee may be amended by mutual agreement in respect of the agreed change in work content.
- FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Company Name: Lawn Land Artificial Grass
VAT Registration Number: GB261544414
Registered Address: Raise Associates, 9 Bold Street, Warrington WA1 1DN
Trading Address: 3 Lilford Street, Warrington WA5 0LS
Contact Telephone Number: 01925 653420
Contact Email Address: firstname.lastname@example.org