Definitions
1.1 The following definitions shall apply for the purpose of these terms and conditions of supply
1.2 ‘The Company’ means Inverallan Landscapes Ltd
1.3 ‘The Customer means the person, firm or company to be supplied with services and goods by the company
1.4 ‘The Contract’ means the contract for services made between the company and the customer to which these conditions apply
1.5 ‘The Goods’ means the goods, materials and or other items to be supplied pursuant to the contract
1.6 ‘These Conditions’ means the standard terms and conditions of supply
1.7 ‘The Services’ means the services to be supplied under the contract
1.8 ‘The Customer Premises’ means the premises, land or property on which the company in invited to work
Basis of Contract
2.1 In any event these conditions shall apply to each and every agreement for the supply of services and goods by the company and supersede any previous terms and conditions of the company and shall prevail over any other terms. No variations to these conditions shall be binding upon the company unless agreed by it.
2.2 A customer’s acceptance of an estimate be it verbal or written shall be deemed to be accepted by the company only if the company acts upon it. The company may alter or withdraw any estimate or quotation at any time prior to a contract being entered into.
2.3 No order which has been accepted by the company may be cancelled by the customer except with the agreement in writing of the company
2.4 All recurring contracts will be for an infinite period (open-ended) until cancelled
Price
3.1 The price payable for the services shall be those set out in the estimate/quotation.
3.2 Any work requested by the customer that is not set out in the estimate/quotation will be charged at the current rate person per hour and added to the invoice as additional/extra work.
3.3 The company reserves the right at any time to revise the prices to take into account of any factor beyond the control of the company, quantities or specifications for the services and goods which is requested by the customer or any delay by any instructions of the customer or failure of the customer to give the company adequate information or because of previously unknown obstacles causing extra work or damage to machinery
Terms of Payment
4.1 Subject to any special terms agreed in writing between the customer and the company and without prejudice to the conditions above, the company shall be entitled to invoice the customer immediately upon completion of the services or goods supplied.
4.2 Unless otherwise agreed in writing by the company, payment for all fees, expenses and charges in respect of the services shall be made by cash or cheque, bank transfer or bacs payment on or before ‘Due Date’ on the companies invoice.
4.3 Interest shall be payable on overdue accounts at the rate of 5% per month form time to time to run from the date of the invoice until receipt by the company of the full amount whether or not after judgement.
4.4 The times of payment of the price of the services and all fees expenses and costs shall be of the essence of the contract
4.5 If the customer fails o make any payment on the due date then without prejudice to any other right or remedy available to the company, the company shall be entitled to:
4.5.1 Cancel or suspend the contract
4.5.2 Appropriate any payment made by the customer to such of the services and or goods (other than goods supplied under any other contract between the customer and the company) as the company may think fit (notwithstanding any purported appropriation by the customer)
4.5.3 The customer shall make payment to the company for any scheduled visit where work is not carried out or partly carried out due to the following conditions on site (1) no reasonable access (2) for reasons of health and safety
Completion
5.1 Completion dates for services and for goods set out in the estimate/quotation are approximate only and the company shall not be liable for any delay in completion of the services and or delivery of the goods howsoever caused. Time for completion and or delivery shall not be of the essence of the contract
5.2 Risk of damage to or loss of the goods shall pass to the customer at the time of delivery to the customer or if the customer wrongfully fails to take delivery of the goods.
Minimum Contract Period
6.1 Fortnightly Garden Maintenance Contracts are for fortnightly visits throughout the growing season (April until October) or as agreed
6.2 Weekly or fortnightly lawn mowing contracts are for weekly/fortnightly visits from April until October or as agreed
Liability
7.1 The company shall bear no liability in respect of any damage by the company to the customers premises in respect of which the customer shall claims against their insurers.
Cancellation of Contract
8.1 The customer has the right to cancel a contract at any time by contacting the company in writing or by email
8.2 The company may terminate a contract at any time after giving one month’s notice period.
Customer Obligations
9.1 The customer undertakes promptly to provide the company with all information which the company may require in order for the company to carry out its obligations under the contract
9.2 During performance of the contract allow the company, its employees and contractors immediate access to such parts of the customers premises as are reasonably required by the company for the performance of the contract between 8am and 6pm Monday to Saturday.
Copyright
10.1 These terms and conditions of supply are the copyright of Inverallan landscapes Ltd and must not be copied for any purpose whatsoever, except with the written consent of the owners/directors of Inverallan Landscapes Ltd