Country Landscapes Ltd - Terms of Business

All contracts entered into by Country Landscapes Limited or it's subsidiary organisations for the supply of services or goods or products are subject to these conditions. Customers, are deemed to have read & accepted these conditions and agree to pay all invoices promptly.

1/ In the absence of prior written agreement signed by the Director no variation of these conditions shall apply to any contract, nor shall any other terms or conditions, forming part of or attached to any correspondence or document prevail over these conditions. Orders placed verbally are also subject to these conditions and should be confirmed in writing as soon as possible. No responsibility is accepted by Country Landscapes for any inaccuracies of orders given.

2/ Any arrangement made for delivery (date) of service or goods is an estimate only, and Country Landscapes shall not be responsible for any damage or loss arising directly or indirectly from any delay or advance in delivery.

3/ All contracts are entered into on a best endeavour basis. Country Landscapes shall not be liable for any delay or for any consequence of any delay, caused by any matter beyond the control of Country Landscapes. In the event of any such delay, the period for Country Landscapes to obtain and deliver goods or to organise service ordered shall be extended by such as period as Country Landscapes may reasonably require to perform its contractual duties.

4/ Termination of Contracts - 7 days written notice of cancellation is required to our invoice address or via email to l e e@cou ntry-landsc (also please confirm receipt of written cancellation by telephone 01204 775 800) and regular / maintenance contracts continue perpeptually until a minimum of 7 days notice is received with accounts due.

Country Landscapes Ltd hereby gives notice that the customer or purchaser has a right to cancel up to 7 days from the date a contract is entered into. This right can be exercised by delivering (including fax to 01204 775 800 or email to l e e@ co untry-landsc - using a cancellation notice if the customer wishes which may be available from or upon request; to the Managing Director at Country Landscapes Ltd. Red Bank, Red Lane Bolton. BL2 5HL. This notice is deemed to have been served as soon as it is posted or in the case of electronic mail from the day it is sent. However please confirm receipt of cancellation by telephone 01204 775 800. Cancellation of an order or service by the purchaser shall entitle Country Landscapes to retention of any deposit or payment of all costs, expenses and losses which it incurs as a result, in addition to costs that may have already been incurred directly relating to the organisation, planning and pricing, of a contract, supply of service or goods. To minimise any losses notification of cancellation should be made as soon as possible by telephone, and confirmed in writing view email or post - to reach our office at least 7 days prior to work due to be commenced.

Term Contracts - Termination Consequences - In the event of this agreement being determined whether by notice breach or otherwise the customer shall immediately pay to the company all arrears of payments and any other sums under the terms of this agreement and all further sums which would but for the determination of this agreement have fallen due by the end of the agreed contract term.

5/ Ownership of any goods shall only be transferred to the purchaser when the purchaser had paid all debts due to Country Landscapes. In the event of any breach of clause 13 by the purchaser, upon reasonable notice, Country Landscapes may enter the premises where the goods are stored with the consent of the purchaser and may remove the goods into Country Landscapes possession.

6/ Prices quoted are valid and provisional for 30 days only and may vary with or without notice after this time. Due to the instability of prices and credit for products and materials, our quoted price(s) is subject to confirmation by us at the time of placing an order. A deposit with order and proforma invoice may be required, and our offer is subject to our obtaining the necessary level of credit from our supplier. Goods are invoiced at the price ruling at the date of dispatch, and prices quoted may vary according to the rate of VAT. Payment by cheque or postal order should be made out to Country Landscapes Ltd., crossed and endorsed on the reverse with the cheque card number of the purchaser.

7/ Payment for goods or services or site visits are due upon completion on-site to the Operations Supervisor or Charge hand. In the event of the aforementioned not being on-site, payment should be made to the Senior Member of Staff. Contracts and prices are agreed on the basis that the Client agrees to forward payment for works undertaken, upon completion and or with 7 days of any invoice. The Works Schedule should be signed by the Client upon payment particularly if payment is by cash, to ensure that payment is recorded and is correct. In the event that this is not possible payment should be forwarded to reach Country Landscapes within 7 days. If any written discount is agreed this shall be on the basis of prompt payment by the Client within the terms. Any such discount may be revoked after the 7 day period, and become payable thereon, and upon County Court judgement.

Formal invoices will not normally be raised unless requested. A reminder would normally be left should payment not be received for a total of two visits. If the account is not settled by the third visit, maintenance or work is usually suspended to prevent accumulation unless alternative arrangements have been made in order not to unduly disrupt routine schedules and ensure reliability of service for all Clients. If one maintenance has been missed to non payment, a double session may be necessary. We reserve the right to charge for the extra time at the current day works rate if several sessions have been missed or if extra or special arrangements have to be made by the Client due to non payment. If an account remains outstanding despite reminders being issued then we reserve the right to charge interest at the current rates until full payment of the outstanding balance is received. Should a Client wish to have maintenance reinstated after a short period of non payment (unless agreed otherwise in writing) we reserve the right to charge the cost of each visit missed or at the current hourly rate which ever is the lower.

Payment direct to our bank account is acceptable. Please contact us for bank details if you intend doing this.

8/ Country Landscapes shall only be bound to deliver goods or services subject to availability, in accordance with the general description under which they are sold, whether or not a particular description shall have been given or be implied and whether contained in any illustration, document or statement. Any description or sample of any goods is by way of identification only, and does not constitute a sale by description or sample. Country Landscapes does not warrant the fitness of any goods of services for any particular purpose, or their quality or their merchantability. All materials, sizes, weights and measurements estimated or quoted are nominal only, and the unit rate/cost will be payable by the purchaser for goods or services supplied on delivery.

9/ When a service is to be undertaken by Country Landscapes the contract price is based upon the particulars available and supplied by the purchaser at the time of estimate or quotation and if any additional works or materials are found to be necessary subsequently which were not apparent from the particulars an extra charge may be made. Both parties have the right to discontinue with the works at their discretion on completion of the works agreed originally. If a quotation sheet is altered by the insertion of the word "estimate" or "approximate" or abbreviation of these words this indicates an estimate and not a fixed quote. An estimate should be given when the amount of work is difficult to quantify or anticipate (e.g. time to undertake initial mowing or clearance operations are often subject to vary due to variables such as conditions and growth rates, and requirements / expectations). Where an estimate for the number of hours anticipated is given, the final contract price may vary according to the actual number of hours taken, the Client will only be charged for the time taken. Any quoted hourly charge will be for the number of hours taken per person including travelling time involved in undertaking the contract. The Client will be consulted if it becomes apparent that the estimate may exceed by more than 50%. If the Client has a strict budget then he / she should indicate on the quotation / estimate sheet the amount at which to any budget should not be exceeded. Should any works exceed the estimated time, or become out of the normal capability or range of works normally undertaken, Country Landscapes has the right to invoice for the works undertaken so far.

10/ (i) Any claim by the client or purchaser that goods or services do not conform to the contract must be notified immediately whilst on-site if possible, or be made by telephone, and in writing within three days . Every reasonable effort will be made to ensure that a reasonable level of quality is achieved, and the Client must give reasonable notice and opportunity, to enable action to be taken to meet the required standard. A reasonable opportunity may be one or two visits (maintenance) depending on factors such as the level of on-site liaison and assistance from the Client and availability of staff. For example if the Client is met on site any area of concern may often be quickly clarified with the most senior member of staff available. Alternatively a site meeting could be arranged to discuss any concerns. The goods, site or services shall not be subjected to any process or disposed of until Country Landscapes has had an opportunity to make an inspection and/or test them. The purchaser shall examine the goods or services on delivery and if any are missing or defective, shall state details on the goods or services received note.

(ii) If the goods or services are not found to be defective, Country Landscapes' may recharge to costs of inspection shall be met by the purchaser. If the goods are found to be defective, Country Landscapes shall at its option replace or credit the purchaser with the invoice value of the goods, and this shall be the limit of Country Landscapes' liability.

(iii) Country Landscapes endeavours to provide a reliable service however we reserve the right to adjust (maintenance) schedules as and when necessary based upon site or weather conditions, staff availability and machinery resources etc. The Client or purchaser shall notify Country Landscapes in writing if goods or services have not been delivered as arranged or as expected within a reasonable period of time.

11/ If the purchaser shall fail to pay the contract price to Country Landscapes on the due date, or if a person dies or be the subject of an Order under the Mental Health Act 1959, or if any distress or execution is levied upon the purchaser's property or assets, or if the purchaser shall offer to make any scheme of arrangement with creditors, or commit any act of bankruptcy or (being a company) has a receiver appointed of any part of its undertaking or assets, or if a resolution for winding-up be passed, then Country Landscapes may treat all sums due, or to become due, on any account as immediately payable or suspend or cancel further service or delivery or require payment in advance thereof, or recover any goods which are unsold wherever they are stored, or treat the contract as repudiated by the purchaser, without prejudice to any rights of Country Landscapes.

12/ Waiver by Country Landscapes of any of these conditions shall not in any way affect the validity of any other conditions, and shall be in writing.

13/ These conditions shall be subject to and construed in accordance with English law and the purchase shall submit to the jurisdiction of the English Courts.

14/ If any dispute, as to the proper interpretation of these terms cannot be settled by agreement it shall be referred for determination to a single referee, pursuant to the provisions of the Arbitration Act 1950 or to any statutory modification thereof and to be appointed in default of the agreement by the President for the time being of the Law Society.

15/ Any client/purchaser of goods or services is deemed to agree to these terms and conditions laid out in this document. If any dispute arises the Client may enter into arbitration with our trade association or, and also at the request of Country Landscapes, after undertaking prior negotiations with Country Landscapes.

16/ Limitations of Liability - Country Landscapes will not be liable for any problems, defects or arising whatsoever, relating to any strata, structure or construction, unless a separate specification and signed agreement is made prior to any works commencing below, adjacent to, or above the aforementioned.

(i) Except where expressly contained in these Terms of Business, all warranties, conditions, undertakings and representations, express or implied, statutory or otherwise, are excluded and Country Landscapes has no obligation, duty or liability in Contract, tort (including negligence or breach of Statutory duty) or otherwise.

(ii) In any event Country Landscapes' liability arising for any reason in connection with any contract shall be limited to the original invoice value of the goods or services or contract value which ever is the lower.

(iii) In no circumstances will Country Landscapes be liable in Contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for personal injury resulting from its own negligence.

(iv) Country Landscapes does not exclude or restrict liability for death or personal injury resulting from it’s own negligence.

(v) Each provision of these Terms of Business is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held unreasonable in any circumstances and shall remain in force notwithstanding termination of any contract.

(vi) When staff are required to use the Clients own equipment, the Client must ensure that any such equipment is regularly checked and maintained to current safety regulations. Most equipment used regularly will require proper maintenance. Country Landscapes will not be liable for any costs of maintenance, wear or tear or damage howsoever caused. In addition to any verbal instructions the Client should supply a copy of the manufacturers instructions plus a written note of the inventory details of any equipment, and any relevant information such as locations of any services.

17/ Force Majeure - Country Landscapes shall not be liable in respect of any breach of contract due to any cause beyond its reasonable control including Act of God, inclement weather, flood, lightning or fire, industrial action or lockouts: the act or omission of Government, authorities, or military operations or riot: the omission of any part for whom Country Landscapes is not responsible.

18/ Contracts are undertaken on the basis that the Client recognises his or her duty of care in ensuring the health and safety of staff entering onto their premises as far as reasonable practicable, and notify Country Landscapes immediately of any hazards or concerns verbally and confirmed in writing.

19/ Special offers terms and conditions 10% OFF your current regular maintenance contract offer as printed on sales literature is available to new customers upon presentation of the sales leaflet and evidence of the existing contract e.g. a copy of the existing contract or invoices recently paid. The offer is applicable for the first year only. Special Offers and discounts are offered providing the contract is financially and commercially viable for Country Landscapes to undertake in a safe and sustainable manner. Discounts may only be deducted if amount due is paid strictly to terms.

20/ It is the buyer's responsibility to arrange a scan / check and supply plans and notify Country Landscapes of any underground services that coincide with, or are in the general area of the proposed works. Country Landscapes will accept NO liability for damage to services unless their location is identified and set out in a drawing/plan, prior to any work or excavation being carried out. Quotations are based on normal operations e.g. digging in reasonable soil or clay. Unless stated no allowance is made for excavating through concrete, tarmac, rock, brick or shale. Any work of this nature will be charged extra at fair and reasonable prices. Surplus excavated materials to be spread in the vicinity of the works.

21/ Country Landscapes Ltd are only able to treat weeds, such as Japanese Knotweed in gardens and grounds which will not be subject to building or development. We are unable to offer reports and insurance backed guarantees which some mortgage lenders may request. On completion of a weed control programme, a review is undertaken and the client will be required to monitor the site for any regrowth, which may necessitate additional follow up treatment/s. Quotations for spraying are based on a visual site inspection of surface based weed growth. Country Landscapes Ltd will accept NO liability for additional weeds arising & not identified at the time of quotation. It is recommend that the site be monitored by the client during and after the programme completion and arrange follow up treatment/s. Country Landscapes Ltd does not accept any loss or damages arising particularly in respect of disputes, future development, mortgage and planning issues.

22/ Country Landscapes reserves the right to take or use photographs or videos supplied or taken in the course of undertaking a contract except where an employee, customer / individual expressly (and confirms in writing) requests for them not to be taken, or as set out in our Data Protection Policy. Such materials may be used for (but not restricted to) the promotion of the company in literature, press releases or online or social media sites such as Facebook, Google+ and Twitter; record keeping / processing necessary for the purposes of legitimate interests or obligations of the Company i.e. Employment checks or steps to enter an employment contract, or to demonstrate legal compliance or fulfilment of a contract to provide goods or services. Country Landscapes Ltd.

23/ Country Landscapes Ltd is committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate; and to implementing and enforcing effective systems to counter tax evasion facilitation, and we will uphold all laws relevant to countering tax evasion, including the Criminal Finances Act 2017.

24/ Except where a client or individual who has contacted Country Landscapes expressly states (and confirms in writing) the client agrees that Country Landscapes Ltd may contact them via email in respect of work completed or proposed; and to request quality feedback or initiate an email from a legitimate organisation acting on behalf of Country Landscapes e.g. to request service feedback.