Penns Ground Maintenance & Landscaping

TERMS AND CONDITIONS OF BUSINESS

  1. Definitions and Interpretations

1.1        “Agreement”  shall mean these agreed Terms and Conditions for the provision of services.

1.2.       “ADR“ shall means the Alternative Dispute Resolution provisions as contained below.

1.3.       “Customer” shall mean the person or organisation that orders the Services from the Supplier.

1.4.       “Order” shall mean  shall mean the formal acceptance of the Quotation by the Customer.

1.5.       “Quotation” shall mean the written statement of the Services that the Supplier offers to the Customer.

1.6.       “Services” shall mean all Services supplied by the Supplier to the Customer dueing the currency of this Agreement.

1.7.       “Supplier” shall mean the party contracted by the Customer to provide the Services under this Agreement.

1.8.       “Terms and Conditions” shall mean“ this agreed written contract between the Supplier and the Customer.

1.9        “Works” shall mean the work (including tree works where appropriate) carried out as part of this Agreement and the physical location of          the work being carried out.

1.10      Unless the context otherwise admits words importing one gender shall include the plural and vice versa.

1.11      Reference to any statutory provisions in this Agreement shall include any statutory provisions, which amends or replaces it.

 

  1. Introduction

 

No addition, alteration, substitution or waiver of these Terms and Conditions will be valid unless expressly accepted in writing by the Supplier or a person authorised to sign on the Supplier’s behalf.

 

  1. Quotation

 

3.1  The Quotation provided with these Terms and Conditions shall only remain valid for a period of 28 days.

3.2  Acknowledgment and acceptance of this Quotation is made by the Customer placing an Order within the period specified paragraph 3.1 above, at which time the Customer will be bound by these Terms and Conditions. Such contract is hereinafter referred to in these Terms and Conditions as “an Order”.

 

  1. Services Specification

 

4.1 The Services provided by the Supplier to the Customer are those detailed in the Quotation provided with these Terms and Conditions.

4.2 If the Customer wishes to vary any of the Services provided the written consent of the Supplier must be obtained. The Supplier must be informed in writing within 7 days of acceptance of the Order of any changes, alterations, reductions, or cancellations.

4.3 The Supplier reserves the right to make additional charges for any agreed written variation to the Quotation.

4.4 Any descriptions, promotional material, drawings, or sketches provided by the Supplier, or third parties are for illustrative purposes only and to provide an outline of Services

4.5 The Supplier will begin delivering the Services at a time and date agreed with the Customer. The Supplier reserves the right to vary the time and date and shall inform the Customer of any variation.

4.6.Where the Services involve work which is govermed by the legislation listed below then the Supplier will undertake the works as scheduled but  may be constrained by ecological and wildlife legislation including: Wildlife Countryside Act; Countryside and Rights of WayAct; Conservation of Habitats and Species Regulations (amendment) this legislation requires the Supplier to assess the impact of the works which may result in works being delayed as a result of nesting birds, roosting bats or similar being present

4.7  The Supplier shall not be liable for any costs; damages or losses caused either directly or indirectly by any delay in delivering the Services to the Customer

 

  1. Price

5.1 The price for the Services provided is subject to Value Added Tax (VAT) and such other charges that may apply.

5.2 If the rate of VAT increases or decreases between the date of the Order and the date of delivery and/or completion the Supplier will add or deduct the necessary additional or reduced amount of value added tax to the price of the Services

5.3 If the Price of the Services increases for any other reason between the date of the Order and the date of completion the Supplier will notify the Customer of this.

 

  1. Payment

6.1  Unless otherwise stated in the Order payment for the Services comprised in each Order shall become due 30 days of the date of the Supplier’s Customer’s  which shall issue on completion of the Services.

6.2 The Supplier reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes, and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002

6.3. The Supplier reserve the right to claim all additional costs (including, but not limited to legal costs) incurred in obtaining payment from the Customer where the Customer is late paying the Supplier.

 

  1. Supplier Obligations where tree work e.g., the felling of trees (Tree Work) are specifically required

 

7.1. The Supplier will carry out all Tree Works in accordance with the Quotation and subsequent Order.

7.2.1. Following written/verbal instructions from the Customer, the Supplier will check with the Local Planning Authority (LPA) as to whether the tree(s) are the subject of a Tree Preservation Order and or Whether the trees are located within a Conservation Area. The Supplier will also consider whether a Felling License is required from the Forestry Commission or if any other permissions/consultations are required, e.g. Natural England/Environment Agency. In the unlikely event if the Supplier undertakes the necessary LPA application/notification, following receipt of an Order, then an appropriate administrative charge of £75.00 plus VAT will be payable by the Customer, should they decide not to proceed with the quoted works or use another contractor.

7.2.2.All Tree Work will be in accordance with the current British Standard 3998 ‘TreeWork recommendations’ where possible unless specified otherwise.  Dimensions specified are approximate and, wherever possible, will be to the nearest appropriate pruning

 

7.2.3. Stump-grinding will normally be to a depth of 300mm (unless specified differently) below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The Customer will advise the Supplier of any underground services in the vicinity of the stump prior to starting the job. The Supplier does not accept liability for any damage to
underground services that were not advised by the Customer to the Supplier prior to commencement of the Tree Work.

7.2.4. All arising (inc. twigs/branches/wood chip/logs/trunks/foliage etc.) will be removed from site and become the property of the Supplier unless specifically notified to the contrary

7.3 The following sub-clauses shall also apply in respect of the Supplier Obligations where the Tree Works are carried out as set out in clause 7.2 above as well as other Services are to be provided.

7.3.1.The Supplier will carry out all Works in accordance with the Quotation and subsequent Order

7.3.2 The Supplier may where necessary sub-contract parts of the Work to suitably qualified sub-contractors. The Supplier will inform the Customer in writing prior to appointing the sub-contractor. Such written notice to the Customer will provide full details of the proposed sub-contractor and DBS check clearance number in respect of the employees or other personnel of such sub-contractor who will be carrying out the Works

7.3.3. The Supplier will comply with all relevant health and safety regulations, including (but not limited to) site safety and personal safety of employees, contractors, and members of the public.

7.3.4. The Supplier will at all times hold appropriate and valid insurance, including public liability insurance. A copy of the Public Liability Insuranced details will be available on request.

7.3.5  The Supplier shall ensure that all Work is carried out with reasonable care and skill and to a reasonable standard.

7.3.6. The Supplier may at any time refuse or withdraw direct access to the Work where required for health and safety reasons

7.3.7. If during the Works any issues are found that require additional time or materials and this causes an increase in costs the Supplier will send to the Customer a further Quotation giving details of the extra costs and will only proceed with the Works once theCustomer’s written acceptance of the further Quotation has been received by the Supplier.

7.3.8. Depending upon the nature of the Services provided, the Works may be weather dependent. Wherever possible the Supplier will seek to minimise any delay or disruption caused by unsuitable or inclement weather.

7.3.9. If the Works are spread over multiple days, the site will be left appropriately and safe and as agreed with the Customer beforehand.

7.3.10 The Supplier may where necessary sub-contract parts of landscaping Work to suitably qualified sub-contractors. The Supplier will inform the Customer in writing prior to appointing the sub-contractor. Such written notice to the Customer will provide full details of the proposed sub-contractor and DBS check clearance number in respect of the employees or other personnel of such sub-contractor who will be carrying out the Works

 

8.Customer’s obligations.

8.1. The Customer will permit the Supplier access during normal working hours to undertake the Works and outside working hours where agreed.
8.2. The Customer , where Tree Works are to be carried out, will, at their own cost, remove any power lines, telephone or other cables which may interfere with the Tree Work, or which may cause injury or damage to any of the Supplier’s employees or sub-contractors.

8.3. The Customer must notify the Supplier of the position of any underground services crossing the site where the Tree Work is to be undertaken and provide a plan showing the exact locations of underground services. Unless the Customer complies with this, theSupplier will not be liable for any damage to underground services as a result of negligence howsoever caused and the Customer will indemnify, keep indemnified and hold harmless the Company from and against all costs, expenses, liabilities, injuries,direct, indirect, or consequential loss,damages,claims, demands, proceedings or legalcosts and judgements which the Company incurs or suffers as a result of damage tounderground services

8.4 The Customer will inform the Supplier if any of the trees affected by the Tree Work are not in their ownership.

8.5 Where Tree Work is proposed to third party trees e.g. ‘neighbours’ trees’ the Supplier will require written confirmation from the tree owner, that the Tree Work is agreed and where necessary, that access is available if required. If Tree Work only applies to overhanging branches that can be pruned from within the Customer’s property then permission is not required, but the neighbour should be advised where practicable
8.6 The Customer shall only access the immediate area of the Works with the Supplier’s express permission.
8.7 If the Customer does access the Works, they (and any third party under their control) shall observe all relevant health and safety regulations and follow the advice and directions of the Supplier at all times.

8.8 The Customer shall ensure that the Works area is not used until the Works are completed.

 

9.Warranties and Guarantees

9.1 The Supplier warrants that the Works will be carried out using all reasonable skilland care.

9.2 If the Services provided by the Supplier are found to be defective the Supplier shall at its discretion re-perform the Services or refund all or part of the monies paid by the Customer.

 

  1. Exclusions

10.1 The Supplier does not exclude liability for death or personal injury.

10.2 The Supplier shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract,misrepresentation or otherwise.

10.3 The Supplier or the Supplier’s insurers shall not be liable or be required to investigate any claim for loss unless the Customer provides written notice within 7days of the date of the alleged loss occurance gives the Supplier or the Supplier’s insurer every facility to investigate such occurrence.

10.4 The Supplier shall notbe liable to the Customer for damage caused by theCustomer or any third party failing to follow instructions given by the Supplier

10.5 During girtting services, The Supplier will not accept liability for any injury, accident or death caused by ice, snow, or other weather conditions.

 

  1. Indemnities.

11.1 The Supplier undertakes to indemnify and hold the Customer harmless against allclaims, proceedings, costs, expenses, damages, and finesarising from the Supplier’snegligent performance, breach, or failure to perform its obligations under these Terms and Conditions.

11.2  The Customer will indemnify the Supplier against all claims, costs, damages, or fines the Supplier may incur arising from the Customer’s breach of its obligations under these Terms and Condition

 

  1. Complaints.

12.1. The Supplier aims to provide a high level of service. If the Customer has an enquiry or a complaint regarding the Services provided by the Supplier, the relevant parties within the Supplier should be contacted immediately, and within 7 days of completion of the Works

 

  1. Cancellation.

13.1 The Customer may cancel the Order by giving the Supplier written notice ofcancellation within 7 days of the Order having been made.

13.2 The Supplier reserves the right to retain the amount of £75 plus VAT to cover administrative costs already incurred in respect of the Order.

13.3 Any balance, for example a deposit, owed to the Customer will be refunded within 30 days without any further retention.

13.4 If the Customer does not notify the Supplier within the time period stated in clause 14.1 above any monies paid by the Customer will be retained in full by the Supplier.

13.5 If the customer wishes to cancel contract with the supplier 3 months notice must be given at any time.

13.6 If the customers wishes to cancel renewal of contract, 3 months notice must be given to the supplier to do so. If notice not given the contract is renewed automatically into another 12 months.

13.7 If the supplier wishes to cancel contract, 1 month notice will be given to the customer.

 

  1. Termination.

14.1 Either party may terminate this Agreement immediately in the event that:

14.1.1 Either party commits a serious, grave, or material breach or persistent breaches of these Terms and Conditions including nonperformance,default or neglect of its duties, responsibilities, and obligations under this Agreement, and

14.1.2 Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy.

14.2 Furthermore this Agreement may be terminated in the event that:

14.2.1. Either party is unable to pay or has no reasonable prospects of paying their debts the amount or aggregate amount of which equals or exceeds the bankruptcy level within the meaning of the Insolvency Act 1986, or

14.2.2. Being a company becomes subject to an administration order or goes into liquidation, (other than for the purpose of amalgamation or reconstruction), or

14.2.3 Has a receiver appointed to administer any of its property or assets, or

14.2.4 Has a receiver appointed to administer any of its property or assets,or

14.2.5. Ceases or threatens to cease to carry on business, or

14.2.6. Makes any voluntary agreement or enters into a compromise for the benefit of its creditors, or

14.2.7. The Customer fails to make payment in accordance with the terms of this Agreement.

14.3 Any termination of this Agreement shall be without prejudice to any rights accrued in favour of either party in respect of any breach committed prior to the date of (or giving rise to) such termination and to those provisions of this Agreement which are by their construction intended to survive such termination.

 

  1. Notices.

15.1 Any notice given by either of the parties under this Agreement shall be served on the other party and addressed to that party’s signatory by email, personal delivery, pre-paid recorded delivery, or first-class post to the receiving party’s address and in respect of the Supplier to Unit 9 Brookhouse Farm, Brookhouse Lane, Redditch B97 5PR and in respectof the Customer at the address notified to the Supplier in its Order.

15.2 Any such notice shall be deemed to be effectively served as follows:

15.2.1 In the case of service by pre-paid recorded delivery or first-class post 48 hoursafter posting.

15.2.2 In the case of service by email,or facsimile transmission on the next workingday.

 

  1. Force Majeure

16.1 Neither party shall be liable for delay or failure to perform any obligation under thisAgreement if the delay or failure is caused by any circumstances beyond its reasonablecontrol, including but not limited to Acts of God, war, civil disorder, or industrial disputes.If such delay or failurecontinues for a period of at least Sixty (60) days, the party notsubject to the force majeure shall be entitled to terminate this Agreement by writtennotice to the other.

  1. Waiver.

17.1 Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing

 

  1. Assignment.

18.1 Neither party may assign their rights under this Agreement without the prior consent in writing of the other party.

 

  1. Severance.

19.1. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

19.2. If any provision or part-provision of this Agreement is deemed deleted the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

 

  1. Entire Agreement.

20.1.This Agreement sets out the entire agreement and understanding of the parties and is insubstitution of any previous written or oral agreement between the parties.

 

21.Alternative Dispute Resolution (ADR)

21.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (“Dispute”) then except as expressly provided in this Agreement, the parties shall follow the procedure set out in this clause:

21.2. No party may commence any court proceedings under English law (in relation to the whole or part of the Dispute until 30 days after service of the ADR notice, provided that the right to issue proceedings is not prejudiced by a delay.

21.3. If the Dispute is not resolved within 30 days after service of the ADR notice, or either party fails to participate or to continue to participate in the mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales.

  1. Jurisdiction

22.1.These terms and conditions shall be construed in accordance with the laws of Englandand shall be subject to the exclusive jurisdiction of the  courts of England and Wales

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