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 apes.com (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 apes.com - using a cancellation notice if the
customer wishes which may be available from
www.consumerdirect.gov.uk 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.
Yell.com to request service feedback.