In this document the following words shall have the following meanings:
1.1 “Customer” means the person or organisation who purchases goods or services from the supplier.
1.2 “Supplier” means “Tidy Turf, 85 Clarence Mill, Clarence Road, Bollington, Cheshire SK10 5GR”.
1.3 “Proposal” means a quotation or document which describes the goods or services which will be provided by the supplier.
1.4 “Terms and Conditions” mean the terms and conditions as set out in this document.
2.1 These terms and conditions prevail 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.
2.2 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.
2.3 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3.1 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4.Quality of Goods and Installation
4.1 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.
4.2 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.
4.3 A slight colour differential is possible on grass from separate batches. “Tidy Turf” cannot accept liability for minor colour variations if additional grass is ordered on a different order.
4.4 Our installation method states that we will install a sub-base of approximately 65mm in depth comprising approximately 50mm type 1 aggregate and approximately 15mm sharp sand this will be installed either by excavating approximately 75mm 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.
4.5 Our products, like virtually all other artificial grass types are manufactured using polyethylene and polypropylene and as such reflective damage from mirrors or potentially greenhouses could cause scorching of the surface. It is the customer’s responsibility to prevent this and damage is not covered by the guarantee. Repairs will be chargeable. The polyethylene and polypropylene temperature will increase on warm sunny days.
4.6 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.
5.1 The customer shall 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.
5.2 Provide the Supplier with any information reasonably required by the Supplier;
5.3 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
5.4 It is the obligation of the customer to ensure that once an installation date has been agreed in writing between both parties that the job can be carried out on this date. If for any reason the installation will not be able to be completed the customer must advise “Tidy Turf” at least 24 hours prior to the installation date. If for reasons out of the control of “Tidy Turf” such as restricted access due to scaffolding or similar situations mean that when our installation team arrive but are unable to commence work a call out charge of £400.00 apply.
5.5 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. This has been required in less than 1% of all installations completed to date.
5.6 It is the obligation of the customer to inform the supplier of any electrical cables or pipe-work in the installation area where excavation may be undertaken. “Tidy Turf” will do all to identify such issues at a site survey if this is undertaken but cannot accept liability for damage caused to cables or other associated damage.
5.7 It is the obligation of the customer to advise the supplier of any known issues with Japanese Knotweed, a lush green stem that is bamboo like in appearance. The weed can grow 10cm in a day or up to a metre in a month and can cause heave beneath aggregate and thus would push up the artificial lawn. The supplier cannot be responsible for such issues and addressing any problems with this weed after an installation would be chargeable.
6.1 The Supplier is entitled to charge interest on any invoices that are overdue from the date when payment becomes due from day to day until the date of payment at a rate of 2.00% per annum above the base rate of the Bank of England. Our terms are 50% deposit due with order. This deposit payment will formally book your install date. The balance is due on completion.
7.1 The supplier will organise booking of the skip and the cost is included in the quotation. The skip is booked on the basis of containing soil waste only, therefore if the customer adds mixed waste (Furniture, bulk items) without prior approval from the supplier – the supplier reserves the right to charge a 30% premium (Based on the original cost of the skip).
8.1 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.
8.2 Bespoke or cut to length items can only be returned if found to be faulty, in line with distance trading regulations.
9.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
9.2 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.
10.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
11.1 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.
12.1 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
13.Limitation of Liability
13.1 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.
13.2 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.
13.3 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.
14.1 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.