Terms & Conditions

STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES  OF LEISURE GRASS UK LTD 

1 DEFINITIONS 

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 Act 1977. 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 Leisure Grass UK Ltd 

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 GENERAL 

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 

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. 

Bases 

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 Leisure Grass UK Ltd 

All concrete will take a minimum of 7 days to cure and will continue to cure over time. 

Tree Stumps 

Leisure Grass UK Ltd do not 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. Leisure Grass UK Ltd will  not be liable for any delay or impact this may have on completion of works.

Resin Infill/Jointing Compound 

Any Resin Infill or Jointing Compound used to infill Paving will discolour and weather, this is not a defect of  the product. Depending on the wear and weather conditions it may crack or come out. This is not a defect  and is not covered under the warranty. 

Groundwork 

Any dips in the groundworks may be covered under the warranty. Dips excluded from the warranty include  but are not limited to Pest Damage (Channels), Damage due to Plants such as tree’s, Groundwork which  has washed away due to pouring paddling/swimming pools over the lawn. Dips which are excluded from  such warranty will in-occur a call out fee and repair fee. Prices will be advised at such time. 

Artificial Grass 

All our Artificial Grass is covered by a Manufactures Warranty. Artificial Grass must be cleaned on a regular  basis, please follow the Aftercare Guide to avoid any Warranty being void/declined. Exclusions on the  Warranty include Damage due to Chemicals, Burns including reflective & sunlight burns, direct heat burns,  wear & tear, damage due to pets, tears etc. The Artificial Grass will expand and decrease depending on the  temperature, if the Artificial Grass Expands during the heat, please apply cold water and extra Sand Infill  previously applied maybe required. The Expanded Grass will decrease once the temperature drops. This is  not a defect of the product. 

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) 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 DELIVERY 

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 artificial grass products, it is the client’s responsibility to check the  grass 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. 

6 TITLE 

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. 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 paid for and cut to size on a supply basis only such as Artificial Grass 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.

10 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. 

11 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. 

12 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. 

13 SEVERANCE 

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. 

14 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: Leisure Grass UK Ltd  

VAT Registration Number: GB261544414 

Registered Address / Trading Address Unit 3 New Scout Mill, Manchester Road, Mossley Aston-Under-Lyne OL5 9QN 

Contact Telephone Number: 01457832751 / 0161 303 9443 

Contact Email Address: info@leisure-grass.co.uk