TERMS & CONDITIONS...
In this document the following words shall have the following meanings:
“Customer” means the person or organisation who purchases goods or services from the Supplier.
“Supplier” means Timeless Lawn Crockhurts Farm Oast, Crockhurst Street, Tudeley, Kent, TN11 0NT
“Proposal” means a quotation or document which describes the goods or services which will be provided by the Supplier.
“Terms and Conditions” means the Terms and Conditions as set out in this document.
These Terms and Conditions prevail, always, over other communication either written or verbal from the customer and shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.
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, virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
All Orders for Products and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
QUALITY OF GOODS AND INSTALLATION
Creases. Due to the fact artificial grass is supplied on a roll and due to the molecular structure of the product it can crease. The product is not deemed to be faulty if a crease is visible and the product will de-crease on a daily basis. Creases will fall out within 3 months of the supply or installation.
Seams. The supplier will endeavour to make all seams as invisible as possible. However, seams are occasionally visible due to the molecular structure of the product. This is unfortunately inevitable and can be influenced by a number of factors. Our Warranty does not cover seam visibility.
A slight colour differential is possible on grass from separate batches. Timeless Lawn cannot accept liability for minor colour variations, if additional grass is ordered on a different order.
Our installation method states that we will install a sub-base of 100mm in depth comprising 75mm type 1 aggregate and 25mm sharp sand this will be installed either by excavating 100mm from the lowest point of the lawn or by building up the current level of the lawn by this amount. We will always keep the natural cambers of the lawn unless agreed otherwise. It is not our intention to create a perfectly level lawn except in circumstances this has been agreed and documented in our written proposal.
The products are manufactured using polyethylene and polypropylene and as such reflective damage from glass or reflective surfaces could cause scorching of the surface. It is the customer’s responsibility to prevent this and damage is not covered by the Guarantee. Repairs to scorched grass will be chargeable. The polyethylene and polypropylene temperature will increase under intense heat or sunlight.
High traffic zones of an artificial lawn can flatten, pressure on the blades causing them to compress. This can give the grass a different appearance to the sections of lawn that are not compressed.
The customer shall:
Obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer.
Provide the Supplier with any information reasonably required by the Supplier. It is the obligation of the Customer to inform the Supplier of any problematic issues with wildlife, such as moles in advance of the Supplier making a Proposal for works and thus completing an installation. If such information is provided additional preventative measures can be deployed and the installation method amended accordingly.
Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
It is the obligation of the Customer to inform the Supplier of any electrical cables or pipe-work in the installation area that could be damaged by excavations or fixings. The Supplier will endeavour to identify such issues during a site survey, but cannot accept liability for subterranean damage caused to appliances and structures not previously notified.
The customer is obliged to notify the Supplier of any invasive plants such as Japanese knotweed, bamboo or tree roots that might spread beneath the installed lawn and cause material changes to the installation. The Supplier bears no liability for any damage caused in such a manner. Repairs to any damage caused to the installation by invasive plants, not previously notified to the Supplier will be chargeable and covered under a separate Proposal.
If credit terms have been formally agreed prior to commencement of work, a deposit equal to 50% of the total order value, will be due upon confirmation of an installation date, or placement of an order, whichever is the earlier. The remaining 50% of the total order value is due on completion.
Title of the Goods shall not pass to the Customer until the Supplier has been paid in full for all the goods, services and charges.
Where the product is, faulty or does not comply with any of the Contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
Bespoke or cut to length items can only be returned if the product is found to be faulty, in line with distance trading regulations.
The Supplier warrants that the product will at the time of delivery correspond to the description given by the Supplier.
The Supplier shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognised industry and codes of practice.
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, the act or omission of government, extreme weather conditions such as heat or flooding, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
The date of delivery specified by the Supplier is provided for estimate purposes. Whilst every effort is made to meet customer expectations, time for 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.
LIMITATION OF LIABILITY
Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
In no circumstance, shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
Nothing present in these Terms and Conditions shall limit or exclude the liability of the supplier for death or personal injury resulting from the Supplier's negligence or that of its employees, agents or sub-contractors.
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.