- In this contract –
“The Company” means Cheshire Artificial Grass Ltd.
“The Goods” means the goods and/or services sold or supplied by the Company to the Customer under this contract.
“The Customer” means the person to whom this Quotation is addressed.
“Order Acknowledgement” means the order acknowledgement form by which the Customer accepts the Company’s Quotation
“The Quotation” means the enclosed document of the same title and any supporting documents expressly referred to in the Quotation.
“The Price” means the sum stated on the Quotation as the sum payable by the Customer to the Company, as adjusted in accordance with the contract.
“This Contract” means the contract between the customer and the company incorporating these terms and conditions and the Quotation.
“The Installation Date” means the date notified to the Customer by the Company for installation of the Goods and where this date is given as a date in a given week the Installation Date shall be the date of the first working day of that week.
- These terms and conditions and the Quotation apply to the Contract to the exclusion of any other terms and conditions sought to be imposed by either party or which are implied by trade, custom, practice or course of dealing. No other terms or conditions shall be incorporated or have effect without prior written agreement of both parties.
- The Quotation constitutes an offer from the Company to the Customer. The Quotation shall be deemed to be accepted when the Company receives the Order Acknowledgement or deposit at which point and on which date the Contract shall come into existence.
- The Price for the supply of the Goods is set out within the Quotation.
- Unless expressly withdrawn in writing the Quotation is valid and open for acceptance for 1 month from the date of Quotation.
- Any alterations to the original agreed price must be confirmed in writing, either in the form of a new acceptance form, or revised prices agreed over email.
- Ownership of the Goods and Risk
- The risk in the Goods shall pass to the Customer on completion of delivery.
- Title to the Goods shall not pass to the Customer until the Company has received payment in full (in cash or cleared funds) for the goods.
- Delivery – Supply only Contract
4.1 The Company will deliver the Goods to the address on the Quotation, or specified by the Customer in writing, for delivery of the Customer order. It is important that this address is accurate. Goods will need to be signed for and charges will be applied for re-deliveries if the Customer is not in attendance when delivery is attempted. The Company cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with the Customer delivery instructions (unless this is caused by our negligence). The company will aim to deliver the Goods by the date quoted for delivery but delivery times are estimates only and not guaranteed. Time of delivery is not of the essence. If delivery is delayed due to any cause beyond the Company’s reasonable control, the delivery date will be extended by a reasonable period and the Company will contact the Customer to arrange an alternative time.
5.1 The Customer will provide general attendance without charge. General attendance shall be deemed to include reasonable access to the installation site during normal working hours, the provision of clean water supplies, power, security, and space for vehicles and the storage of plant and materials and the provision of welfare facilities. Where access to these services are not allowed the costs of providing alternative facilities will be reimbursable to the Company from the Customer.
5.2 The Company shall be permitted to carry out installation works in a proper sequential manner.
5.3 In the Event that the Company’s works are delayed by the Customer, for any reason, then a wasted day charge of £150 per man per day will be reimbursable to the Company by the Customer.
5.4 The maintenance of the goods is the responsibility of the customer. The company will provide maintenance schedules for goods supplied and can provide maintenance services where required.
6.1 Unless the Contract states otherwise, the Price for the Goods shall be payable no later than 30 days from the date of the relevant invoice. The time stipulated for payment shall be of the essence of the Contract. Failure to pay by the due date for payment shall entitle the Company to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date and to charge the Customer for costs and expenses incurred in recovering late payments.
6.2 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
6.3 The Company has the right to apply an additional charge to The Customer if extra works are undertaken outside of those detailed in The Quotation.
6.4 Failure to comply with our payment terms will result in the invalidation of any guarantee, voucher or promotional material offered.
- Warranty and Defects
7.1 The Company warrants that as from the date of installation or delivery (supply only) for a period of 10 years (“Warranty Period”) the Goods and all their component parts, where applicable, conform in all material respects with their description, are free from any material defects in design, workmanship, construction or materials. Any additional warranties described in the specification document run concurrently with this warranty.
7.2 The Company warrants that the services performed under this Contract shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
- Subject to clauses 7.4 and 7.6, if the Customer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 7.1 then provided the Company is given a reasonable opportunity of examining such Goods the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
- The Company shall not be liable for the Goods’ failure to comply with the warranty in clause 7.1 if:
- the defect arises because the Customer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
- the Customer alters or repairs such Goods without the written consent of the Company;
- the defect arises as a result of fair wear and tear, wilful damage, vandalism, negligence, or wild animal activity;
- the defect arises as a result of poor installation – Supply only Contract
- the installation specification was based on a competitor’s installation specification as a result of our price match offer;
- the Company has not had the opportunity to rectify defects, imperfections, shrinkages, settlement or other faults;
- the Customer has not complied with the payment obligations set out in Clause 6.
- Except as provided in this clause 7, the Company shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 7.1.
- If the Customer is a consumer and has opted for the Retail Finance payment option, the Customer has 30 days to notify the Company that the Goods are faulty or not as described and a further 14 days to either (as the Company shall direct) make the Goods available for collection by the Company or return them to The Company. The Company will pay the reasonable costs of return.
- Right to Cancel and postpone
- The Company will permit the Customer to cancel this Contract by sending written notice no later than 7 days after the date on which the Order Acknowledgement has been confirmed in which case there will be no payment due from the Customer. If the Customer requests cancellation 7 days after the Order Acknowledgement was signed then the Company may recover costs from the Customer amounting to 10% of the Price. These charges are non-negotiable and are solely at the discretion of the Company and the Customer acknowledges that they reasonably reflect the costs and financial commitments incurred by the Company as the order approaches delivery and installation. Notice of cancellation must be given in writing to firstname.lastname@example.org
- Notwithstanding clause 8.1, if the Customer cancels the Contract 7 days or less before the Installation Date then the Customer shall be liable to pay 30% of the Price which the Customer acknowledges reasonably reflects the costs and financial commitments incurred by the Company as the order approaches delivery and installation. Notice of cancellation must be given in writing.
- Should the Customer give the Company notice they wish to postpone the Contract within 7 days of the Installation Date the Company may recover costs from the Customer amounting to 20% of the Price. Notice of postponement must be given in writing. If the Customer requests a subsequent cancellation, the cancellation date will be the date that written notice of postponement was received by the Company and the provisions of Clause 8.1 will apply and the 10% of the Price already paid will be deducted from the amount owing pursuant to clause 8.1.
- If the Customer is a consumer, the Customer has a legal right to change their mind about the purchase and to notify the Company within 14 days of receipt of the Goods that they wish to return their Goods. The Customer must return the Goods within 14 days of notifying the Company that it wishes to do so. Such returns will be at the Customer’s own costs. (Please note if the Goods are faulty or not as described they should be returned in accordance with clause 7.6.)
- If the Customer returns the Goods in accordance with clause 8.4, the Company will refund the price of the Goods less an amount to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
9.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
10.1. Subject to Clause 10.5, the Company’s total aggregate liability arising for any reason out of or in connection with this Contract shall not exceed the Price.
10.2 Subject to Clause 10.5, in no circumstances will the company be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, loss of business or anticipated savings, or for any indirect or consequential loss or damage whatever arising out of or in connection with the Contract.
10.4. The Customer will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by the Company as a result of the Customer’s breach or default in the discharge of the Customer’s obligations.
- Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors, fraud or fraudulent misrepresentation, breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982, breach of the terms implied by section 12 of the Sale of Goods Act 1979, or defective products under the Consumer Protection Act 1987.
- Except as set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- This Clause 10 shall survive termination of the Contract.
- 12. Governing Law and Jurisdiction
12.1 The Contract shall be governed by the laws of England and Wales and the parties to the Contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.
- Third Party Rights
13.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
- Customer Services
14.1. To protect your own interests please read the conditions carefully before agreeing to them.
14.2. If the you are unhappy with any aspect of our service, please contact the customer services director. Any complaints will be dealt with sympathetically and the Company will work with you to reach a satisfactory conclusion.
- Changes to Terms and Conditions of Business
15.1 The Company reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with the Customer’s agreement.
- Data Protection
16.2 The Company will comply with its obligations under all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679) and the Data Protection Act 2018.
16.3 If you have any questions regarding data privacy please contact tim@Cheshireartificialgrass.co.uk.
- Entire Agreement
17.1 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
17.2 Each party acknowledges that, in entering into this Contract, it has not relied on, and shall have no right or remedy in respect of, any verbal statement or agreement made by either party (whether made negligently or innocently) or any other statement, promise, undertaking, condition or warranty not expressly contained in the Contract, save that the Company has relied on statements made by the Customer in the Pre-Commencement Questionnaire.
17.3 Any advice or guidance relating to planning permission and building regulations is provided as guidance only and shall not be relied on as fact. The Customer shall be responsible for determining if planning or building regulations applications are required.
17.4 Nothing in this condition shall limit or exclude any liability for fraud.