Contracts are only accepted subject to the standard terms and conditions of Allerton Landscaping Services herein referred to as the CONTRACTOR. The CLIENT of the Contractor will on accepting delivery or commencement of the contract be deemed to have agreed that any printed conditions on the Clients orders or other documents shall only be effective to the extent to which they are not inconsistent with these terms and conditions. Any CLIENT who objects to these terms must prior to delivery of goods, inform the Contractor of objections in writing, whereupon the order shall be deemed to be cancelled unless any proposed variation is accepted in writing by the Contractor. The Contractor will take due care and attention at all times, and will therefore accept no responsibility for any accidental damage that may occur.
PRICES: Prices charged will, unless otherwise specified, be those ruling at the date of order acceptance. Prices quoted are exclusive of value added tax unless stated.
ORDERS: All Contracts shall be subject to the Clients credit worthiness as determined by the Contractor from time to time. Upon request by the Contractor the Client shall furnish the Contractor with such financial information requested as will enable the Contractor to evaluate the Client’s financial status. The Contractor may at its sole discretion, limit, modify, or cancel the credit of the Client both as to time and account, and the Contractor shall have the right to cancel any orders or contracts placed or agreed by the Client or refuse or delay shipment if the Client shall fail to meet payment schedules or other creditor financial requirements established by the Contractor from time to time. Such cancellation, refusal or delay shall not constitute termination or breach of any order, contract or agreement by the Contractor.
Deliveries: Deliveries will only be made by the method of the Contractor’s choice, unless otherwise agreed. Every effort will be made to effect delivery on the given date or to any programme of dates agreed but no guarantee of delivery dates can be given and time is not of the essence of the contract for delivery. Failure in any one delivery shall not invalidate the contract as to the remaining deliveries (if any) or
work to be completed.
Start Dates: Every effort will be made to effect the start date on the given date or to any programme of dates agreed but no guarantee of start dates can be given and time is not of the essence of the contract for start. Failure in any one delivery shall not invalidate the contract as to the remaining work to be completed.
PAYMENTS All monies are due to be paid on receipt of invoice unless otherwise agreed in writing. All contracts will have staged payments. The stages printed on the estimate are as a guide and the contractor maintains the right to insist on earlier payments.
TITLE TO THE GOODS Until the Contractor has been paid in full for goods comprised in the order or in any other sales contract between the Contractor and the Client or until title to the goods is relinquished to the Client by the Contractor by writing under the hand of the Contractor:
1. The goods comprised in the order shall remain the Contractor’s property and the Contractor reserves the right to dispose of the goods or any of them.
2. The Contractor may at any time repossess any of the goods in the possession or control of the Client if any amount outstanding from the Client is overdue for payment. The Contractor, its servants and agents may enter the Clients premises where the Contractor has reason to believe any of the goods are situated.
3. The Client as bailee undertakes to keep all goods safe and in good order and condition and clearly identified as the Contractor’s property.
4. Should the Client have passed the goods or any of them to a third party (or have incorporated them in work for a third party) this will be deemed to have been done as the Contractor’s agent only and any sums received by the Client in respect of such goods or such work shall be held in trust in a separate account for the Contractor until all sums due to the Contractor are discharged.
5. Upon an event of insolvency occurring affecting the Client the immediate right to possession of the goods shall forthwith, automatically reverse to the Contractor.
6. All costs (including legal tees disbursements and VAT on a solicitor and own Client basis) occasioned in the recovery of goods or the enforcement of obligations of the Client in relation to these terms and conditions shall be paid on demand by the Client.
REMEDIAL WORK: Any remedial work will be discussed and carried out after the final payment. Remedial work is anything that has been fitted or part fitted, including unsecured items, i.e. top soil, gravel, forestbark, etc,
DEMONSTRATION SUPPLIES Paragraphs (1) (2) (3) (4) (5) and (6) of these conditions shall apply to goods made available by the Contractor to the Client otherwise than by way of sale for demonstration trial or other purposes. The Client will at all times keep and maintain the same insured against all normal perils in safety and in a condition no worse than the condition of the goods when first made available (normal wear and tear excepted). In no circumstances will the Client purport to sell the goods or make them available commercially or otherwise for use by third parties without the prior written consent of the Contractor. Where the Client tails to return the goods within 14 days of the date from time to time stipulated by the Contractor (whether before the goods were first made available or at any time thereafter) the Client shall on the expiry of the 14th day after such date become obliged to purchase the goods at such price as the Contractor would ordinarily have sold the same at the time they were first made available. Upon return of the goods within the time permitted the Client will pay to the Contractor such sum as the Contractor may reasonably demand for any deterioration of condition suffered by the goods while made available to the Client or if the Contractor requires reinstate the goods to the condition they were in when first made available (wear and tear excepted)..
GUARANTEES All works are guaranteed for twelve months, All product guarantees apply only to the first Client purchase from the Contractor and where the goods are covered by a guarantee the terms of such a guarantee shall be deemed to be part of these conditions.
The Contractor guarantees all goods to be free from defects in material and workmanship under normal use provided the goods have been maintained in accordance with the instructions from the Contractor. The commencement date for all guarantees is the date of completion of the contract. The Contractor makes no other guarantees, express or implied with respect to the goods, their merchantable quality or fitness for any particular use or purpose. In particular but without prejudice to the general provisions of these terms and conditions no responsibility is assumed for incidental or consequential damages by reason of any guarantees or breach of duty of care express or implied. Any other liability of the Contractor found hereunder or arising in connection with an order in contract negligence or otherwise shall be limited to the lesser of the value of the invoice (exclusive of value added tax, packaging, carriage and insurance) recording the sale of the goods the subject of the claims and the sum of £20,000. In any event the Client will make no claims against the Contractor until it has exhausted all legal rights against the manufacturer or the supplier.
CLAIMS Claims may be made subject to the Client:
a) examining the goods on their delivery for any obvious damage or shortage and reporting any damaged or short delivery in writing to the Contractor and the carrier within five days of the delivery date.
b) reporting non-delivery by telephone (and confirmed in writing) to the Contractor within 10 days of the invoice date or expected delivery date.
If the Client fails to give notice or to report in accordance with these terms or shall deal with goods in any manner or if there shall be any conduct by the Client inconsistent with rejection of the goods, then the goods of the quality specified in the contract shall be deemed to have been delivered to the Client. No claim or rejection properly made pursuant to these terms and conditions in respect of any part delivery of goods shall be a ground for cancellation of the contract or order.
RIGHTS OF CANCELLATION BY CONTRACTOR Right of cancellation by Contractor will become operable if the Client fails to meet its obligations as they fall due for any reason or if in relation to it any event of insolvency occurs. The Contractor shall be reimbursed by the Client for any fair and reasonable costs occasioned due to such cancellation.
12. FORCE MAJEURE The Contractor shall not be responsible or liable for its failure to perform its obligations, if such failure is beyond the control of the Contractor, whether caused by acts of God unavailability or shortages of materials or energy necessary to produce and/or deliver goods by usual modes of transportation, fire, flood, war, embargo, strikes, labour disputes, explosions, riots, change of laws, rules, regulations, restrictions or orders of any government authority, or any other cause, other than financial, beyond the control of the Contractor or its contractors
NOTICES Any notice given by one party to the other for the purpose of this contract may be given in writing by facsimile transmission or by first class pre-paid post addressed to the registered office or in the absence of a registered office to the last known principal place of business of the party being served and notices so given will be deemed served at the time of facsimile transmission or on the second business day following the date of posting from and to a place within the United Kingdom or on the fifth business day if posted from or to a place outside the United Kingdom as the case may be.
14. LAW This contract shall be governed and construed in accordance with English law and the parties will submit to the non-exclusive jurisdiction of the English courts. If translated to a language other than English, the English text of this contract shall be the governing text.