STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES OF EVERGREENS UK
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal;
1.6 “Supplier” means EvergreensUK;
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 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, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.5 COLOUR AND SPECIFICATIONS
Every reasonable care has been taken to ensure that the descriptions are accurate, however specifications are subject to change. Up to date data sheets can be requested from our customer service team at our main office. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation to the physical product. We supply free product samples so you are encouraged to make use of this service so you can make an informed decision on the quality of lawn you wish to purchase. However, please also note that our physical products also vary in colour subtly from batch to batch so the sample you receive may not be exactly as per the item you receive.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 The Customer is responsible for ensuring that the quantity ordered is sufficient.
4 PRICE AND PAYMENT
4.1 Payment of the price shall be in the manner specified in the Proposal.
4.2 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 2.00% per month on the outstanding amounts.
5.1 The date of delivery specified by the Supplier is an estimate only. 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.
5.2 An order confirmation is confirmation that we have received your order. An order confirmation does not verify that the order has been dispatched. The sales team will advise you of the delivery day after your order has been received.
5.3 Somebody must be home or at the site to sign for the delivery. If not, the re-delivery may be surcharged.
5.4 Some restrictions may apply and couriers terms and conditions apply.
5.5 All risk in the Goods shall pass to the Customer upon delivery.
5.6 Order before 12 noon for next working day delivery. Monday – Friday
5.7 Deliveries to Ireland and Northern Ireland will be subject to a delivery surcharge. Please call for details.
5.8 Deliveries to the Highlands and Scotland may take up to 3-5 working days and could be subject to additional delivery charges.
5.9 Due to the weight and bulky nature of our goods, we always advise that someone fit and able is available to assist the driver with unloading upon delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do 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.
9.2 Made or cut to order items can only be returned if found to be faulty.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 FORCE MAJEURE
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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13.1 If there is a discrepancy with an order which is caused by an issue out of our control which effects the coding of the website and results in an incorrect quantity or final total price, then we will refund the order.
13.2 Although we try to ensure all our Product’s prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.
14 GOVERNING LAW
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.