Our Terms and Conditions
Standard Terms and Conditions for Allium Green Space Ltd
1.0 DEFINITIONS
1.1 “Client” means the individual or organisation who buys or agrees to buy goods or services from
the
Contractor and who will be responsible for all payments to the Contractor unless otherwise
notified in writing prior to commencement.
1.2 “Contractor” means Allium Green Space Ltd.
1.3 “Contract” means the contract between the Contractor and the Client for the purchase of goods
and services incorporating these Terms and Conditions.
1.4 “Goods” means the articles that the Client agrees to buy from the Contractor.
1.5 “Services” means the provision of landscaping services by the Contractor.
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any
special terms and conditions agreed in writing by the Contractor.
2.0 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Clients statutory rights as a consumer.
2.2 Any variation to these Terms and Conditions, including any special terms and conditions shall be
agreed by negotiation between the Contractor and Client and confirmed in writing.
2.3 Any errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice
or other documentation or information used by the Contractor can be corrected in consultation with
the client provided that the correction does not materially affect the contract.
3.0 PRICE AND PAYMENT
3.1 The Client agrees to pay the Contractor the contract sum together with any VAT properly
chargeable upon the contract sum.
3.2 Payment of the total price of the Contract shall be made to the
Contractor after completion of the Contract. The Client shall not be entitled by reason of any
alleged minor defect to withhold more than a proportionate amount of the Contract sum.
3.3 The Client will pay the Contractor interest of the rate of 1% per month interest on all outstanding
sums from the due date until payment. The Contractor reserves the right to withdraw from the site if any contract payment schedule is not adhered to.
3.4 Payment of 30% of the total Contract value including VAT is to be paid within five days of
commencement of works. Progress payments of the remaining balance will be defined by the
Contractor prior to works commencing.
3.5 Payment in full of the outstanding Contract value will be required on satisfactory completion of
the contract.
3.6 Prices in the quotation will remain fixed until 30 days after the date of the quotation. Acceptance
before that date will ensure no increase in the cost of works specified in the quotation. If the cost
to the Contractor of carrying out the Contract is subsequently increased by reason of increases in
the cost of materials, labour and any other factor outside the control of the Contractor, then the
Contractor shall notify the Client before undertaking any work to which the increase will apply and
the Client may require the Contractor to discontinue the work and shall pay the Contractor only
for the work carried out.
3.7 The cost of additional goods or services ordered by the Contractor on behalf of the Client will be
agreed in writing and subject to the payment conditions detailed above. Any additional work
requested which is not specified in writing within this Contract will only be carried out if a new
Contract is entered into with the Contractor (by way of a Variation to Contract Authorisation).
3.8 Title and ownership of materials and equipment will not pass to the Client until payment has
been received in full. Legal proceedings may be taken to recover materials and equipment unpaid
for.
3.9 The Client can cancel the Contract with reasonable notice and in negotiation with the Contractor.
If the Client cancels the Contract they agree to pay any losses and costs the Contractor suffers
because of the cancellation. The Contractor can cancel the Contract with reasonable notice and in
negotiation with the Client. If the Contractor cancels the Contract he must pay the Client any
losses or costs suffered because of the cancellation.
4.0 GENERAL CONDITIONS
The Contractor
4.1 The Contractor agrees to use materials that are suitable for the intended purpose. All materials
remain the property of the Contractor until the Contract is completed. If for any reason beyond
the Contractors reasonable control the Contractor is unable to supply a particular item, the
Contractor will notify the Client. With the agreement of the Client the Contractor will replace it
with an item of equal or superior standard and value.
4.2 All materials surplus to the contract will remain the property of the Contractor and will be removed upon completion of the contract.
4.3 The Contractor will be responsible for the safe storage and positioning of equipment and
materials on the site at all times.
4.4 The Contractor will carry out work in accordance with Health and Safety regulations and will take
all reasonable steps to minimise environmental disturbance, nuisance and pollution.
4.5 The Contractor will carry out and complete the works detailed in the contract in a good, timely
and workman like manner.
4.6 The Contractor will not accept responsibility for damage to the Clients premises arising from
third parties employed directly by the Client. The Client will be liable for any damages to works and
or delay caused by third parties employed directly by the Client.
4.7 The Contractor will carry out a site risk assessment and will ensure all health and safety
regulations are met.
4.8 The Client confirms that the site is free from known hazards or obstructions, which are not
discoverable upon visual inspection of the surface of the site or made known in writing by the
Client to the Contractor prior to submission of a quotation. The Contractor cannot be held
responsible for any unforeseeable or unknown obstructions below ground and any reasonable
additional costs incurred by the Contractor as a result of unforeseen or unknown hazards or
obstructions will be agreed with the Client in advance. If the Client is aware of unseen
obstructions they must notify the Contractor prior to acceptance of a quotation.
4.9 The Client confirms that the site is free from any known hazards which are not discoverable upon
visual inspection of the surface of the site. Should the Client be aware of any such hazard then he
shall notify the Contractor in writing at the earliest opportunity. If, following acceptance of the
contract, the Contractor discovers any obstruction or hazard which was not reasonably foreseeable
this will be deemed to be a factor outside the control of the Contractor and accordingly clauses
3.6 and 3.7 shall apply. Should the Client not agree to any reasonable variation to the Contract
made necessary by an unforeseen obstruction or hazard in order to complete the contract and to
satisfy and Health and Safety requirements, then the Contractor will be entitled to discontinue the
work with immediate effect and the Client will pay the Contractor only for work carried out.
4.10 The Client must provide reasonable access to mains electricity and water on the site. The cost
of providing electricity and water will be borne by the Client.
4.11 The Client will allow the Contractor access to the site within the agreed working hours and throughout the stated time period.
4.12 The Client is responsible for providing access to toilet facilities and clean drinking water for the
Contractors Staff. Toilet facilities shall be fulfilled by the hiring of external facilities for the
duration of the contract. The cost of this, defined as a separate line item in the quotation, shall
be borne by the Client.
5.0 CONSENTS
5.1 The Client is responsible for obtaining any necessary consent for the implementation of works as
described in the Contract or specification of works from the local authorities and for ensuring that
the implementation of works is in accordance with the provisions of any by-laws. Planning
regulations shall not be the responsibility of the Contractor. The Client is also responsible for
confirming ownership of land to be worked upon.
6.0 DELAYS
6.1 The Contractor will give the Client an estimate of the duration of the contract but shall not be
liable for any delays for any reason whatever that are beyond the Contractor’s reasonable control
such as adverse weather or adverse or difficult site conditions not reasonably foreseen by the
Contractor. In any such circumstances the Client and Contractor will negotiate an agreed
extension of time.
6.2 If the Client wishes to delay the Contract they must notify the Contractor within seven days of
the commencement of the contract.
7.0 PLANTING MATERIAL
7.1 The Contractor will ensure that all planting material and turf is fit for purpose and of the right
quality and will ensure that all planting material and turf will be given the correct treatment in
order to ensure establishment. The Contractor will also provide care notes for the Client to assist
with the maintenance of living material after the completion of the Contract. On completion of
the Contract all responsibility for the ongoing maintenance of all living material is transferred to
the Client. The Contractor will not be liable for any damage or deterioration to the living material
unless arising from a breach of contract on the part of the Contractor, or failure to discharge his
statutory obligations.
7.2 If planting material specified in the Contract is unavailable the Contractor will provide the Client
with suitable alternatives. The Client has the choice whether to accept the alternative plant
material.
8.0 COMPLAINTS
8.1 Any complaint that the Client has arising from the Contract works must be reported to the
Contractor in writing within reasonable time of discovery of the problem. The Contractor will
properly investigate any complaint received and if the Contractor’s work is deemed to be faulty
then the Contractor is liable to conduct extra work as deemed sufficient to remedy the fault at no
charge to the Client.
9.0 COPYRIGHT
9.1 All original designs, drawings, specifications, photographs, videos and written material remain
the property of the Contractor. The Contractor reserves the right to use any such material for
promotional purposes or for any other purpose, unless the Client has purchased the copyright.
10.0 THIRD PARTIES
10.1 No work by the Contractor is intended to confer a benefit on any third party for any purpose.
11.0 FORCE MAJEURE
11.1 The Contractor shall not be liable for any delay or failure to perform any of its obligations if the
delay or failure results from events or circumstances out of reasonable control, including but not
limited to acts of God, strikes, accidents, war, fire, breakdown of plant or machinery or shortage
or unavailability of materials from a natural source of supply and the Contractor shall be entitled
to a reasonable extension to its obligations.
12.0 CHANGES TO CONTRACT AND TERMS AND CONDITIONS
12.1 The Contract will only be varied with the Client’s consent. The Client is entitled to cancel the
Contract if the Contract is varied and the variations are not acceptable to the Client.
13.0 GOVERNING LAW AND JURISDICTION
13.1 This Contract is governed by the law of England where the Contract is located in England or
Wales and by Scots law where the Contract is located in Scotland.
14.0 ACCEPTANCE
14.1 It is important that the Client reads and understands the Terms and Conditions that will apply
to the Contract before signing.
15.0 NOTICE OF THE RIGHT TO CANCEL
15.1 In addition to the Client’s rights under clause 3.9, the Client has the right to cancel the Contract
at any time within 14 days of the date on which he receives it. The Client may cancel the Contract
within that 14-day period by delivering or sending (including by electronic mail) a cancellation notice to: Allium Green Space Ltd, 22 Whitley Ave, Barnton, Northwich, Cheshire CW8 4LW or via e-
mail to contact@alliumgreenspace.com
15.2 The notice of cancellation is deemed to be given as soon as it is posted or sent or, in the case of
an electronic communication from the day it is sent, to the Contractor. The Client may use the
attached cancellation notice to cancel the Contract.
15.3 The Contractor’s name and address are Allium Green Space Ltd, 22 Whitley Ave, Barnton,
Northwich, Cheshire CW8 4LW.
15.4 If the Client wishes the Contractor to begin work during the 14-day period, it must send a
written request to the Contractor. If the Client then cancels the Contract under this clause 15.0, the
Client will pay the Contractor for the materials and services it has provided up to the date of
cancellation. The Contractor does not have to carry out any work under this Contract during the
14-day period unless it agrees to a written request from the Client to commence work during that
Period
16.0 CANCELLATION NOTICE
If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send
(which may be by electronic mail) this notice to the person named below. You may use this form if
you want to but you do not have to.
(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT).
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To: Allium Green Space Ltd
I/We [delete as appropriate] hereby give notice that I/we [delete as appropriate] wish to cancel
my/our
[delete as appropriate] contract ref #xxxxx.
Signed: ……………………………………………………..……………..
Name:
Address:
Date:
17.0 Statutory Information
Company Name: Allium Green Space Limited
Company Address: 22 Whitley Ave, Barnton, Northwich, CW8 4LW
Company Telephone: +44 7985 710712
Company Email: contact@alliumgreenspace.com
Company Number: 11088939
VAT Registration Number: 378 4578 38