Easigrass – Terms & Conditions
YOUR ATTENTION IS SPECIFICALLY DRAWN TO CLAUSE 2.25 IN RESPECT OF
CANCELLATIONS AND REFUNDS FOR ARTIFICIAL GRASS LAWNS.
1.0 Definitions And Interpretation:
1.1 The following terms as used herein shall have the meaning as stated:
“Company” means Easigrass distribution limited;
“Conditions” means these conditions of supply;
“Confidential information” means any information disclosed by one (the
disclosing party) to another (the receiving party) if the disclosing party has
notified the receiving party that the information is confidential or the
information could reasonably be supposed to be confidential;
“Contract” means any contract between the company and the customer for
the supply of any goods and/or services, incorporating these conditions;
“Customer” means any person, firm, company or other organisation who is
the addressee of the company’s quotation or acceptance of order issued by
the company and shall include any successor-in-title of the customer and any
company or entity arising (wholly or partly) by way of any merger,
amalgamation, reorganisation or acquisition of the customer;
“Delivery point” means the place where delivery of any goods is to take place
under clause 5;
“Goods” means any goods or materials agreed in the contract to be supplied
by the company to the customer (including any part or parts of them),
including any goods agreed to be supplied with, or in relation to, any services;
“input material” means any documents, plans, drawings, designs or other
materials, and any data or other information provided by the customer to the
company relating to the goods and/or services;
“Intellectual property rights” means any design rights, utility models, patents,
inventions, logos, business names, trademarks, domain names, copyright,
moral rights, rights in databases, source codes, reports, drawings,
specifications, know how, trade secrets, rights in software, rights in the nature
of unfair competition and the right to sue for passing off and any other
equivalent or similar rights to any of the foregoing in any jurisdiction, whether
registered or unregistered;
“Output material” means any documents, plans, drawings, designs or
other materials, and any data or other information provided by the
company to the customer relating to the goods and/or services;
“Services” means any services agreed in the contract to be performed by the
company for the customer (including any part or parts of them) including any
installation works to be undertaken in relation to any goods; “site” means the
premises at which the delivery of any goods and/or the performance of any
services shall take place, including the customer’s place of business;
“Supplies” means the goods and/or the services, depending on the context.
“Working hours” means between 09.00 and 17.00 on Monday to Friday
inclusive, excluding any public or bank holidays.
1.2 A reference to a clause is to a clause of these conditions. clause headings
shall not affect the interpretation of these conditions.
1.3 Any reference to “parties” means the parties to the contract and “party”
shall be construed accordingly.
1.4 A reference to a particular law is a reference to it as it is in force for the
time being taking account of any amendment, extension, application or re-
enactment and includes any subordinate legislation for the time being in
force made under it.
1.5 Any phrase introduced by the terms including, include, in particular or any
similar expression shall be construed as illustrative and shall not limit the
sense of the words preceding those terms.
1.6 Words in the singular include the plural and in the plural include the
singular.
2.0 Application of conditions and description of goods and services:
2.1 All quotations are made and all orders are accepted by the company subject
only to these conditions, which shall prevail notwithstanding any other terms
and conditions which the customer shall bring to the company’s notice.
2.2 Any quotation is given on the basis that no contract shall come into
existence until the company accepts the customer’s order in accordance with
the provisions of clause 2.3. any quotation is valid for a period of 30 days only
from its date, provided that the company has not previously withdrawn it.
2.3 The placing of an order following any quotation or other indication of
price and delivery shall not be binding on the company unless and until
accepted by the company in writing.
2.4 The customer shall ensure that the terms of its order and any input material
and/or any applicable specification are complete and accurate.
2.5 Any typographical, clerical or other accidental errors or omissions in any
sales literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by the company shall be subject to
correction without any liability on the part of the company.
2.6 No order of the customer may be cancelled, varied, altered or deferred by
the customer, except with the agreement in writing of the company and on
terms that the customer shall indemnify the company in full against all loss
(including loss of profit), costs (including the cost of all labour and materials
used), damages, charges and expenses incurred by the company as a result
of such cancellation, variation, alteration or deferment.
2.7 The company reserves the right to charge the customer for any output
material provided to the customer.
2.8 Any surplus fittings or materials shall remain the property of the company
and shall be returned to it.
2.9 The quantity and description of any goods and/or services shall be as set
out in the company’s quotation or written acceptance of order.
2.10 All samples, descriptive matter, specifications and advertising issued by
the company and any descriptions, illustrations, drawings, photographs or
displays (including those relating to colours, materials, finishes, weights,
sizes and dimensions), published in the company’s catalogues or brochures
or on the company’s website are issued or published for the sole purpose of
giving an approximate idea of the goods and services described. they shall
not form part of the contract and this is not a sale by sample.
2.11 The specification for the goods shall be based upon standard contract
specification, unless varied expressly in the customer’s order and accepted
by the company.
2.12 Unless otherwise agreed in advance by the company in writing, the
customer shall be solely responsible for determining the accuracy of any
measurements which may be required to be furnished to the company in
relation to the supply of any goods.
2.13 The customer will be liable for any additional costs, charges or expenses
which arise from any conditions at the site being at variance with any
conditions notified to the company.
2.14 The company has no obligation to accept any variation to the contract
requested by the customer, whether by addition, substitution or omission (or,
without limitation, to the goods/and or services to be provided under the
contract) and no such request shall be deemed to be accepted in the absence
of the company’s written agreement to the variation.
2.15 If any goods are to be manufactured, ordered, designed, built, configured,
altered, adapted, or subjected to any process by or on behalf of the company
for the customer and/or any services are to be performed by the company, in
each case in accordance with any input material or specification submitted by
the customer, the customer shall hold the company harmless and shall fully
indemnify the company against any and all loss, damage, costs and expenses
awarded against or incurred by the company in connection with, or paid or
agreed to be paid by, the company, in settlement of any claim for infringement
of any intellectual property rights of any other person resulting from the
company’s use of any input material or specification so submitted.
2.16 The customer shall ensure that any specification submitted by the
customer does not contravene any applicable safety or other statutory or
regulatory requirement.
2.17 Without prejudice to the provisions of clause 2.6, clauses 2.18-2.23 shall
apply if and only if the customer enters into a contract with the company as a
consumer – that is, as an individual acting outside the customer’s trade,
business, craft or profession – where the contract is a distance contract or
off-premises contract within the meaning of the consumer contracts
(information, cancellation and additional charges) regulations 2013 (the
`regulations’).
2.18 Under the regulations, the customer may cancel a contract for the
purchase of goods – other than goods which are made-to-order, made to the
customer’s specification or specially ordered (and for the avoidance of
doubt, all artificial grass products are, for the purposes of this clause, made-
to-order) at any time within the period:
(a) Beginning upon the submission of the customer’s order; and
(b) Ending at the end of 14 days after the day on which the goods come into
the customer’s physical possession or the physical possession of a
person identified by the customer to take possession of them (or, if the
contract is for delivery of multiple goods, lots or pieces of something, 14
days after the day on which the last of those goods, lots or pieces comes
into the customer’s physical possession or the physical possession of a
person identified by the customer to take possession of them).
2.19 The cancellation right described in clause 2.18 does not apply to any non-
stock goods, nor in respect of any goods which are bespoke, made-to-
order, personalised, customised, made to the customer’s specification or
specially ordered. For the avoidance of doubt, all artificial grass products
sold in connection with these terms and conditions are treated as ‘made-
to-order’ and there is no right to cancel any such order. Furthermore, the
cancellation right described in clause 2.18 also does not apply where the
customer or anybody other than the company has installed the goods
before the customer exercises the right to cancel.
2.20 In order to cancel a contract on the basis described in clause 2.18, the
customer must inform the company of the customer’s decision to cancel.
the customer may inform the company by means of any clear statement
setting out the decision. to meet the cancellation deadline, it is sufficient
for the customer to send the customer’s communication concerning the
exercise of the right to cancel before the cancellation period has expired.
2.21 The customer must arrange for the goods to be returned to the company.
the customer must comply with the customer’s obligations referred to in
this clause 2.21 without undue delay and in any event not later than 14
days after the day on which the customer informs the company of the
customer’s decision to cancel the contract. the customer must pay the
direct cost of returning the goods and the cost of removing the goods
from the customer’s property shall be for the customer’s sole account.
2.22 If the customer cancels a contract on the basis described in clause 2.18,
the customer will receive a full refund of the amount the customer paid to
the company in respect of the order, including the cost of delivery to the
customer.
2.23 However, where the company is to supply and install goods for the
customer, the customer agrees that the installation of the goods may
commence before the expiry of the period referred to in clause 2.18 and
the customer acknowledges that if the installation of the goods does
begin before the end of the period referred to in clause 2.18, then the
customer wilt lose the right to cancel referred to in clause 2.18.
2.24 As with every tufted grass product they can be subject to “yarn
production form,” that can result in slight vertical colourations within the
product. This is referred to as VPV (Vertical Production Variation) With
regular use and the grass falling in a multi direction way, they disappear.
2.25 THE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ALL
ARTIFICIAL GRASS LAWN INSTALLATIONS PROVIDED BY THE COMAPANY
ARE DEEMED ‘MADE TO ORDER’, AND THAT UPON PLACING ANY ORDER
FOR SUCH AN INSTALLATION, THERE SHALL BE NO RIGHT TO A REFUND
OF ANY FEES OR DEPOSIT PAID FOR SUCH GOODS OR SERVICES FOR ANY
REASON.
With the use of High speed tufting within our production some of our grasses
require a wrapping yarn to be used . These can sometimes be seen as a
Whisby flossy material on the grass when initially installed.. They are nothing
to worry about and disappear with exposure to the regular elements of sun
and rain.
2.26 Stimp speed figures provided for any artificial golf turf (including but
not limited to Wentworth, Nylon Pro, Tour Putt Ultimate, Premier Tee and
related products) are indicative performance values only. Due to natural
variations in weather, moisture, installation environment, infill settlement
and the method of testing, Easigrass does not guarantee that any installed
golf turf will achieve a specific stimp reading at any given time. Variations in
stimp speed do not constitute a defect in materials or workmanship.
3.0 Obligations Of The Customer:
3.1 Where the company has agreed in the contract to undertake installation
works for the customer then the customer shall, at its sole cost:
(a) Be responsible for preparing and maintaining the site for the performance
of the services and for reinstating the site and undertaking any required
making good and clean-up work once performance of the services has
been completed;
(b) Ensure that conditions at the site are suitable for the performance of the
services and that any relevant thing required to perform the services
thereon is made available to the company and is in good working order (for
the avoidance of doubt, the company shall not be required to undertake
any survey of the site although the company may opt to do so);
(c) If requested to do so by the company and without charge, provide facilities
at the site for the off-loading and storage of the goods and the company’s
tools and equipment in a readily accessible and secure storage area
protected from theft and damage and shall be solely responsible for the
safekeeping of the goods and the company’s tools and equipment whilst
the same are stored at the site;
(d) Take all steps to ensure the health and safety of the personnel of the
company whilst they are in attendance at the site in connection with the
performance of the services and be solely responsible for ensuring the
safety of any and all persons who are or may be present at the site during
the performance of the services, including restricting access to the site to
those individuals engaged in performing the services, or providing
assistance to those so engaged;
(e) Provide prompt and unobstructed access to and egress from the site;
(f) Inform the company of any unusual layout, composition or construction of
the site and report any unusual conditions or obstacles to the performance
of the services at the site to the company;
(g) Notify the company of any special properties of, or requirements of the
customer in relation to, any surfaces, fixtures or fittings at the site, as the
company shall not in any event be held liable for any damage resulting
directly or indirectly from the installation of any goods to the customer’s
property, including damage caused by the drilling of concrete, brick, stone
or other surfaces, fixtures or fittings, or from the removal of fixtures and
fittings whether obsolete or not, or for damage to any porous or any other
materials, nor shall the company be held liable for any damage to the
customer’s property resulting directly or indirectly from the delivery of the
goods to, or the performance of any services at, the site;
(h) Ensure that any materials and/or surfaces upon which the services are to
be performed comply with any tolerances required by the company and are
of adequate strength to withstand any work undertaken on them by the
company;
(i) At all times during the performance of the services ensure, insofar as it is
reasonably practicable to do so, that other operations are not undertaken
at the site, so as to ensure that the services can be performed in one
continuous, uninterrupted operation during working hours;
(j) Be responsible (other than for statutory obligations placed solely on
the company) for obtaining all consents, permissions, easements and
licenses necessary for the performance of the services in accordance
with these conditions and for complying with all statutes and orders,
regulations and by-laws which are applicable at any time to the services;
(k) Provide the company with all information, co-operation and support that
may be required to enable the company to carry out its obligations to the
customer;
(i) Ensure that all input material is provided to the company in any format
prescribed by the company; and (m) if requested to do so by the company,
effect and maintain appropriate and adequate insurance at the site on an all
risks basis.
3.2 Any additional costs caused by any delay in the performance of the
services or any interruption or suspension of performance of the services
caused by any condition, problem or hazard at the site, or otherwise arising
for reasons beyond the control of the company, shall be treated as a
variation to the customer’s original order, the customer shall be liable for
any such additional costs and an appropriate extension of time for
completion of the services shall be agreed in respect of any such variation.
3.3 The company shall not be responsible for the removal of
existing surface materials or coverings unless otherwise confirmed
in the company’s written acceptance of order.
3.4 The company shall not be responsible for loss or damage to items left at
the site by the customer which the customer could have removed or secured.
3.5 The company shall not be liable for any loss or damage due to
unsatisfactory workmanship undertaken by any other party.
3.6 Where the services involve structural work, the company recommends that
professional advice is sought by the customer from a structural engineer
before any services are undertaken and the cost of doing so shall be for the
customer’s sole account. the company shall not be responsible for any failure
by the customer to seek appropriate professional advice as aforesaid or be
responsible for any liability, costs, charges or expenses associated therewith.
3.7 The customer shall not, without the prior written consent of the company,
whether acting on the customer’s own account, on behalf of, or with any other
person (including any person which the customer directs to act on its behalf),
at any time from the date of first provision of the services to the expiry of 6
months after the last date of supply of the services, solicit or entice away from
the company or employ (or attempt to employ) or otherwise engage or attempt
to engage the services of any
person who is, or has been, engaged as an employee, consultant or
subcontractor of the company in the provision of the services.
3.8 Any consent given by the company in accordance with clause 3,7 shall be
subject to the customer paying to the company a sum equivalent to 15 % of
the then current annual remuneration of the company’s employee, consultant
or subcontractor.
3.9 The customer undertakes that it will comply with and will procure that its
employees, customers and every other person working with or using the
goods shall comply in full with the instructions and recommendations made in
any manual or handbook or instructions provided by the company or other
manufacturer of the goods. the customer warrants that there will be full
compliance with all other instructions given in connection with the use or
maintenance of the goods and that the goods will be used and maintained at
all times without risk to health and safety.
3.10 PROPERTY SERVICES: Prior to the commencement of the work the
Customer will provide the Company with information as to the location of
property lines and all subsurface utility and service lines, including but not
limited to electrical, telephone and gas lines and water and irrigation pipe-
lines and conduits. The Company may rely on the accuracy and completeness
of all such information and shall not be liable for damages or costs resulting
from any errors or omissions in that regard.
3.11 The customer is responsible for informing the company of their soil type
prior to the commencement of installation. The company shall not be held
liable for any drainage issues arising from pre-existing site conditions.
Customers are advised to install appropriate drainage systems prior to the
installation or inform the company in advance to allow for necessary
adjustments to groundwork during the installation process.
3.12 Where site clearance is expressly included as part of the Company’s
installation services, the Company will arrange for the clearance and
removal of soil waste only. Any other form of waste material, including but
not limited to construction rubble, timber, plastics, metals, or general
household refuse, falls outside the scope of the Company’s standard site
clearance service and will be chargeable at the Company’s prevailing rates.
Whilst the Company will use its best endeavors to collect soil waste from the
site on the same day as installation works are undertaken, the Company
does not guarantee same-day removal. Collection may take place on a later
date due to operational or logistical constraints, and the Company shall not
be held liable for any delay in such removal.
4.0 Price:
4.1 Prices for the supplies, howsoever given, are based on conditions ruling
on the date of their giving and are subject to change. the effective price for the
supplies shall be the price confirmed by the company in its written notification
of acceptance of the customer’s order issued pursuant to clause 2.3
4.2 The company reserves the right, by giving notice to the customer at any
time before delivery or provision of the supplies, to increase the price of the
supplies to reflect any increase in the cost to the company which is due to any
factor beyond the control of the company (such as any foreign exchange
fluctuation, currency regulation, alteration of duties, any increase in the costs
of labour, materials or other costs of manufacture), or any matter attributable
to the customer, including any change in delivery dates, quantities or
specifications for the supplies which is requested by the customer, or any
delay caused by any instructions of the customer or failure of the customer to
give the company adequate, accurate or complete information or instructions.
The company reserves the right to charge for any additional materials
required during installation. This includes, but is not limited to, unforeseen
groundwork adjustments and additional aggregates deemed necessary after
the commencement of works to ensure the installation meets required
standards.
4.3 Unless otherwise stated, the price quoted will be exclusive of value added
tax which will be charged at the rate which is applicable at the date of dispatch
of the goods or commencement of performance of the services.
4.4 Unless otherwise agreed in writing between the customer and the company,
all prices for the supply of goods are given by the company on an ex works
basis and the customer shall be liable to pay the company’s charges for
transport, packaging and insurance.
4.5 The company’s time-based rates are calculated from the time of dispatch
or departure from the company’s premises to the time of return there. A mileage
charge is also charged, as applicable, to overtime rates and call out costs
whether or not incurred in an emergency and will be applied based upon such
rates and costs as are published by the company from time to time.
4.6 Any waiver or reduction of any price will only be applicable if agreed by
the company in writing.
4.7 If the Company attends the Site at the agreed date and time but is unable
to perform the Services due to the Site not being ready, access being
denied, or other circumstances beyond the Company’s control, the
Company reserves the right to apply an abortive visit charge. The charge
will be calculated based on time, travel, and costs incurred, subject to a
minimum fixed fee of £420
5.0 Delivery and performance:
5.1 Whilst the company will use its best endeavours to provide the supplies
in accordance with the customer’s requirements, the company will not be
liable for any consequences of any delay in the provision of the supplies,
howsoever caused.
5.2 Unless otherwise agreed in writing by the company, the delivery of the
goods and the performance of the services shall take place at the site. If so
stipulated in the company’s written acceptance of order, the customer shall
provide at the delivery point and at its expense adequate and appropriate
equipment and manual labour for unloading and loading the goods.
5.3 If delivery involves difficult access to or at the delivery point and/or the
delivery point is located at a substantial distance from any feasible vehicular
access point, the company reserves the right to levy an extra delivery charge.
5.4 If the company delivers to the customer a quantity of goods of up to 10%
more or less than the quantity accepted by the company, the customer shall
not be entitled to object to or reject the goods by reason of the surplus or
shortfall and shall pay for such goods at the pro rata contract rate.
5.5 The company may deliver the goods by separate instalments and perform
the services in separate tranches. each separate instalment or tranche shall be
invoiced and paid for in accordance with the provisions of the contract.
5.6 Each instalment or tranche shall be a separate contract.
5.7 No cancellation or termination of any one contract relating to an
instalment or tranche shall entitle the customer to repudiate or cancel any
other contract, instalment or tranche.
5.8 If for any reason the customer fails to accept delivery of any of the goods,
or the company is unable to deliver the goods on time because the customer
has not provided appropriate instructions, documents, licences or
authorisations, the company will charge the customer an abortive delivery
charge and:
(a) Risk in the goods shall pass to the customer (including for loss or damage
caused by the company’s negligence);
(b) The goods shall be deemed to have been delivered; and
(c) The company may store the goods until delivery, whereupon the customer
shall be liable for all related costs and expenses (including storage and
insurance); or
(d) Sell the goods at the best price readily obtainable and (after deducting any
reasonable costs and expenses in connection with the storage and
expedited sale of the goods), charge the customer for any shortfall below
the price for the goods.
5.9 The quantity of any consignment of goods as recorded by the company
on despatch from the company’s place of business shall be conclusive
evidence of the quantity received by the customer on delivery unless the
customer can provide conclusive evidence proving the contrary.
5.10 The company shall not be liable for any non-delivery of the goods (even
if caused by the company’s negligence) unless the customer gives written
notice to the company of the non-delivery within 3 days of the date when the
goods would in the ordinary course of events have been received.
5.11 Any liability of the company for non-delivery of the goods shall be limited
to replacing the goods within a reasonable time or issuing a credit note at the
pro rata contract rate against any invoice raised for such goods.
5.12 Due to the molecular structure of the material, artificial grass creases
when rolled. creases will fall out within three months of delivery or installation.
the goods shall not be deemed to be defective if when delivered or installed
there are creases within the goods.
5.13 The company endeavours to reduce the visibility of seams in the goods.
however, seams are occasionally visible due to the molecular structure of the
material and seam visibility shall not be deemed to constitute a defect in the
goods.
5.14 Artificial grass will in some circumstances curl, flatten and crush. the
extent of this will depend on the extent of its usage and the amount of traffic
passing over it and this shall not be deemed to amount to a defect in the goods.
5.15 Artificial grass from different batches of manufacture may differ slightly
in colour. the company will in respect of any one order supply artificial grass
from the same batch. However, artificial grass supplied under different orders
is unlikely to be from the same batch and therefore may differ in colour. any
such colour variation shall not be deemed to constitute a defect in the goods.
5.16 Easigrass is not responsible for any packaging that may remain within
the product or foreign bodies that could be used to secure Easigrass during
transit. The customer must check the product thoroughly before installation
for any foreign bodies that could have been used to secure or package the
product, this would include but isn’t limited to; staples, sticky tape, plastic,
hessian and cardboard.
5.17 When the customer directs the delivery or collection of goods to or from
a location off a public highway, the Company shall not be held liable for any
damage caused to the property, road surfaces, or surrounding areas as a
result of the vehicle operating off the highway, regardless of the nature or
cause of such damage.
6.0 Confidential information and intellectual property rights:
6.1 The customer and the company agree that in the course of the company
providing supplies to the customer, the parties may disclose to each other
certain confidential information. the customer and the company agree that
each party will maintain the confidential information’s confidentiality and
not disseminate it to any third party without the disclosing party’s prior
written consent, save that this obligation shall not apply to any
confidential information that either party has a duty(whether legal or
otherwise) to communicate or that is in the public domain or is already in
the receiving party’s possession through no fault of the receiving party_
the customer and the company agree not to use any confidential
information for any purpose other than the discharge of the receiving
party’s obligations under the contract.
6.2 The customer acknowledges the company’s ownership of all intellectual
property rights in any output material and in any goods and services
provided to the customer pursuant to the contract and agrees not to
contest the company’s ownership or use of any such intellectual property
rights. without limitation, the customer shall not acquire any such
intellectual property rights or any licence or grant of rights therein, nor
shall the customer register or attempt or permit to be registered, any such
intellectual property rights or any licence or grant of rights therein. the
customer further acknowledges that any and all intellectual property rights
developed by the company in performing any services or providing any
goods shall become vested and shall vest in the company absolutely and
shall also be subject to the other provisions of this clause 6.2.
7.0 Payment:
7.1 The price for the supplies shall be paid by the customer to the company in
accordance with the requirements set out in the company’s written
notification of acceptance of the customer’s order issued pursuant to
clause 2.3 and the price shall be paid by the due date(s) for payment
stipulated therein.
7.2 The time of payment of the price shall be of the essence of the contract,
7.3 Without prejudice to clause 7.1, any stage payments which are to be made
under the contract shall be made at the times and in the amounts
stipulated.
7.4 All payments shall be made without any deduction, withholding or set-off.
7.5 Failure by the customer to pay any invoice by its due date shall entitle the
company to:
(a) At its option, charge interest at the rate of five percent (5%) per annum
above Lloyds Bank PLC’s base lending rate from time to time calculated on
a daily basis (whether before or after any judgment) until payment in full is
made (a part of a month being treated as a full month for the purpose of
calculating interest);
(b) Charge the customer with any costs incurred by the company in the course
of collecting outstanding monies due to the company from the customer;
Suspend any warranty for the supplies or any other goods or services
supplied by the company to the customer, whether or not they have been
paid for;
(c) Appropriate any payment made by the customer to such of the supplies as
the company may think fit;
(d) Set off any amount owed by the company to the customer against any
amount owed by the customer to the company on any account whatsoever;
(e) Terminate the contract, or suspend or cancel any future delivery of goods
and/or performance of services; and
(f) Cancel any discount (if any) offered to the customer.
7.6 The company reserves the right to claim interest under the late payment
of commercial debts (interest) act 1998.
7.7 Without prejudice to its other rights or remedies, the company shall have
a general lien on all property of the customer in its possession for all debts
owed by the customer and shall be entitled, on the expiry of twenty one (21)
days’ written notice to the customer, to dispose of such property and to apply
the net proceeds in reduction of such debt.
7.8 All payments payable to the company under the contract shall become
due immediately on its termination despite any other provision.
7.9 The company may at any time and with or without notice, limit or
withdraw any credit granted to the customer.
8.0 Force Majeure:
The company reserves the right to defer the date of provision of the supplies,
or to cancel the contract or reduce the volume of the supplies ordered by the
customer (without liability to the customer) if it is prevented from, or delayed
in, the carrying on of its business (wholly or in part) due to circumstances
beyond the reasonable control of the company including acts of god,
governmental actions, war or national emergency, acts of terrorism, protests,
riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or
other labour disputes (whether or not relating to either party’s workforce), or
restraints or delays affecting carriers, or any inability or delay in obtaining
supplies of adequate or suitable materials, or the failure or demise of any
source of supply.
9.0 Warranty:
9.1 The company warrants (subject to the other provisions of these
conditions) that:
(a) On delivery, the goods shall be of satisfactory quality within the meaning
of the sale of goods act 1979; and
(b) If the customer has made it expressly known to the company in the
customer’s order that the goods shall be suitable for a particular purpose
and the company has expressly stated in its written acceptance of order
issued pursuant to clause 2.3 that it will supply goods suitable for that
purpose, then the goods shall be reasonably fit for the purpose so stated;
and
(c) The services will be performed with reasonable skill and care.
9.2 The Easigrass warranty is a manufacturer’s warranty on all of our artificial
grass products and a genuine one that gives all of our customers the peace of
mind that the grass will last for a minimum of 8 years. Please remember the
Easigrass golden rule-artificial grass is low maintenance not no maintenance.
we recommend all customers subscribe to our annual maintenance package
which will refresh and maintain performance of the surface every year. (if it
has moss or algae it may become slippery so it is best to have this removed.
annual shedding of leaves and airborne spores can be easily removed.)
The Company shall not be held responsible for any odours that may arise from
the artificial grass after installation due to external environmental factors, pet
usage, or improper maintenance. Customers are advised to follow proper care
and maintenance guidelines to minimise any potential for unpleasant odours.
The warranty does not extend to ancillary products sold with the artificial
grass and does not include settlement or subsequent undulation of any base
work due to a host of reasons, i.e. dead roots, tubers, japanese knot weed, live
tree roots, bamboo, wild animal burrows, neighbour’s building work,
surrounding excavations, general settlement of new build sites, or flood plain
water. if this occurs after the installation easigrass can assist with a
recalibration of the base but this will be at a small cost subject to the garden
size.
Customers should recognise that all artificial grass will crush or flatten over
time and this includes products with yarn technology. Real grass of course
wears out and disappears.
Bi Fold Doors
Along with other reflective items such as structures and mirrors that can
damage your grass through reflection you have to be aware that if you have Bi
Fold Doors that are facing the direct sun light when half opened they too can
create a prism and damage/singe your grass.
The solution will be to either ensure you fully open or close your doors or
alternatively used a different flooring medium in front of the bi fold doors that
may match another material used within your garden scheme that can
withstand very high temperatures. Bi fold door manufacturers are not
informing customers that this can happen with their doors .
Unfortunately, any damage caused as a result of this prism burning effect
is not covered under our product warranty. The temperatures that can be
created as a result of a prism can ben well over 200 Degrees
9.3 Subject to clause 93, the company shall not be liable for a breach of any of
the warranties in clause 9.1 unless the customer gives written notice to the
company of the defect in the goods or the deficiency in the services within 7
days of the time
when the customer discovers or ought to have discovered the defect or
deficiency (within 48 hours, if any alleged defect in the goods is a result of
damage in transit). the company is to be given a reasonable opportunity after
receiving the notice, of examining any goods which the customer has alleged
to be defective. subject to clause 9.4, where the company determines that a
defect exists in the goods or that a deficiency exists in relation to the
services, the company’s liability pursuant to clause 9,1 shall be limited for
goods, to the replacement or repair of any part of the goods found to be
defective and for services, to re-performing those services found not to have
been performed with reasonable skill and care, or, at the company’s option, to
refunding the price of the goods or services at the pro-rata contract rate,
9.4 Upon substantial completion of the installation works, the company will
give the customer notice of its intention to hand over the installation works
and will give the customer the opportunity to inspect the installation works
prior to handover. the company will confirm the date of handover to the
customer. the sole responsibility of the company will be to remedy defects for
which it is responsible and which are notified to it prior to handover.
The company shall not be liable for any breach of any warranty in clause 9.1,
if:
(a) The customer makes any further use of any goods which the customer
has alleged to be defective after giving notice of any such defect;
(b) The customer modifies, adjusts, alters or repairs the goods without the
prior written consent of the company;
(c) The defect arises because the customer failed to follow any oral or
written instructions as to the storage, installation, use or maintenance of the
goods or (if there are none) good trade practice;
(d) The defect arises from any input material or specification supplied by
the customer, or from fair wear and tear, wilful damage, negligence, abnormal
working conditions, misuse of the goods or from any other cause which is
not due to the neglect or default of the company.
(e) The defect relates to work external to the goods, or arises through
relocation of the goods not performed by, for or on behalf of the company, or
by subjecting the goods to any unusual physical or other stress or adverse
environmental conditions;
(f) The full price for the supplies has not been paid by the time for payment
stipulated in clause 7.1 or 7.3; or
(g) The defect is of a type specifically excluded by the company by notice
in writing.
9.6 If upon investigation, the company reasonably determines that any
defect or deficiency in, or malfunction or shortage or failure to correspond
to specification of the supplies is a result of, or is excused by, any of the
matters referred to in clause
9.4, the customer shall be liable for all costs reasonably incurred by the
company in investigating the same and determining the cause.
9.7 Subject to and without limiting the generality of any of the provisions
of this clause 9, in addition to the warranties granted in clause 9.1, the
company warrants that, that under normal conditions, the goods will
sustain their uv stability and tensile strength during the warranty period
described in clause 9.7. for the purposes of this warranty, any goods
whose original tensile strength does not decrease by more than 50% shall
be deemed to have sustained their uv stability and tensile strength.
9.8 All goods are covered by an 8 year warranty (the ‘8 year warranty’).
the applicable warranty period (the `warranty period’) begins on the earlier
of:
(a) The date of installation of the goods; or
(b) The date that is 6 months after the date of the company’s invoice for the
goods.
9.9 The 8 year warranty covers artificial grass goods only and does not cover
installation, groundwork or labour.
9.10 The company will repair or replace, as the company deems necessary to
correct any defect, any goods which are determined by the company as
not complying with the requirements of clause 9.6 (the ‘warranty
requirements’) within the warranty period. if replacement is deemed
necessary, the company will supply replacement goods, and for any
goods which are determined by the company as not complying with the
warranty requirements, allowing the purchase price for the replacement
goods multiplied by a fraction, the numerator of which is the number of
months remaining in the warranty period and the denominator of which is
the total number of months in the warranty period, the customer shall pay
the portion of the purchase price for the replacement goods not allowed
by the company. the company shall not be obliged to remove or dispose
of the defective turf or install new turf, nor to pay the cost of such removal,
disposal or installation,
9.11 The 8 year warranty is inapplicable:
(a) To any timber product, as it is a natural product and will react differently
depending on usage conditions;
(b) To goods used for any purpose other than sports fields or courts or for
landscape purposes;
(c) To any damage caused during or on account of improper handling, storage,
transportation, installation or repairs unless the improper conduct is
perpetrated by the company or its authorised agents; or
(d) to the extent that any defect or damage is caused by:
burns, cuts, accidents, vandalism, abuse, negligence or neglect; Japanese
knot weed, bamboo, mare’s tail, giant hogweed, tree root growth or any other
external horticultural influence;
Wild animals, including badgers, moles, foxes and any non-domestic pet;
Dogs, cats, rabbits or any other domestic pet;
Reflections from mirrors and/or glass onto the goods;
Subsidence caused by ground movement, local excavations and/or tree roots;
Improper design or failure of the sub-base of the sports field or court;
Drainage defects or deficiencies on the sub-base and/or its surrounding area;
Wear or abrasion caused by an inadequate sub-base;
Any harmful chemical reaction to the goods caused by infill materials; The
use of improper footwear or sports equipment;
include settlement or subsequent undulation of any base work due to a host of
reasonsstalled;
The application of improper cleaning methods;
The use of cleaning chemicals, herbicides or pesticides;
Force majeure or other conditions beyond the reasonable control of the
company;
Post fibrillation after or during installation for any purpose other than to put
the infill materials in place; or
(xvii) any failure to properly maintain, protect or repair the goods.
9.12 All goods are subject to normal wear and tear, in addition to the factors
mentioned in clause 9.10, wear and tear depends on the intensity of use of the
goods. normal intensity of use is considered to be 30-60 hours of use on
average per week with the condition that each player is deemed to have the
use of at least 125 square metres on the field. the company does not warrant
against normal wear and tear under the 8 year warranty. the company shall not
be responsible for any warranty issued or made by the customer to third
parties, including any warranty made by the customer with respect to the
useful life of the goods. the customer should carefully read the latest versions
of the company’s product information materials, literature and
recommendations regarding product maintenance and performance
optimisation.
9.13 The company’s entire liability for any defective goods under the 8 year
warranty shall in no event exceed the purchase price of the defective goods.
the company shall in no event be held liable, whether on the basis of contract
or tort (including, but not limited to, negligence) or under any other legal
theory (including, but not limited to, strict liability and/or equitable theory), for
lost profits or revenues, loss of use or similar economic losses, or for indirect,
special, incidental, consequential or punitive loss or damage arising from or
jn connection with the use, condition, possession, performance, maintenance,
non-delivery or late delivery of the goods, even if the company has been
notified of the possibility of such loss or damage.
9.14 Subject to the warranties granted in clause 9.1, the s year warranty is the
sole and exclusive warranty with regard to the goods and replaces any and all
other warranties, whether oral or in writing, of any kind concerning the goods.
the remedies of repair and/or replacement provided in clause 9.9 constitute the
sole obligations of the company, and the sole remedies of the customer, under
the 8 year warranty.
9.15 No dealer, sales representative or similar person is authorised to grant
warranties which are not covered by the 8 year warranty, to extend the
warranty period or otherwise to change, modify, amend or supplement the
provisions of the 8 year warranty. any change, modification, or supplement to
the 8 year warranty must be made in a written instrument signed by an
authorised representative of the company.
9.16 Without the company’s advance written consent, the customer may not
transfer, convey or otherwise assign all or any of its rights under the 8 year
warranty, which is to benefit and be binding upon the company and the
customer and their respective successors and authorised assigns.
9.17 Claims under the 8 year warranty must be tendered to the company in
writing within the warranty period and within 30 days after the discovery of the
alleged defect, accompanied with proof of installation date, name of
installation company, batch number, location of installation, product sample,
sample of infill material(s) and a minimum of three clear pictures showing the
problem. the company shall not be held to bear any costs or expenses
incurred by the customer or by others with regard to any tests, inspections or
consultations carried out by the customer or by others.
10.0 Exclusion or liability and indemnity:
10.1 The following provisions set out the entire financial liability of the
company (including any liability for the acts or omissions of its
employees, agents and sub-contractors) to the customer in respect of:
(a) Any breach of these conditions;
(b) Any use made or resale by the customer of any of the goods or of any
product incorporating any of the goods and any use made by the customer
of the services; and
(c) Any representation, statement or tortious act or omission including
negligence arising under or in connection with the contract.
10.2 All warranties, conditions and other terms implied by statute or common
law (save for the conditions implied by section 12 of the sale of goods
act 1979 and section 2 of the supply of goods and services act 1982) are,
to the fullest extent permitted by law, excluded from the contract.
10.3 Nothing in these conditions excludes or limits the liability of the
company:
(a) For death or personal injury caused by the company’s negligence; or
(b) Under section 2(3), consumer protection act 1987; or
(c) For any matter which it would be illegal for the company to exclude or
attempt to exclude its liability; or
(d) For fraud or fraudulent misrepresentation.
10.4 Subject to clause 10.2 and clause 10.3:
(a) The company’s total liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise, arising
in connection with the performance or contemplated performance of the
contract shall be limited to the contract price; and
(b) The company shall not be liable to the customer for loss of profit, loss
of business, or depletion of goodwill in each case whether direct, indirect or
consequential, or any claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with the contract.
10.5 The customer shall hold the company harmless and keep the company
fully and promptly indemnified against all direct, indirect or consequential
liabilities (all three of which terms include loss of profit, loss of business,
depletion of goodwill and like loss), loss, damages, injury, costs and expenses
(including legal and other professional fees and expenses) awarded against or
incurred or paid by the company as a result of or in connection with any claim
made by or against the company in respect of any liability, loss, damage,
injury, cost or expense whatsoever, howsoever and to whomsoever occurring,
to the extent that such liability, loss, damage, injury, cost or expense arises
directly or indirectly from the customer’s fraud, negligence, failure to perform
or delay in the performance of any of its obligations under the contract,
subject to the company confirming such costs, charges and losses to the
customer in writing.
11.0 Changes:
The company reserves the right without prior approval from or notice to the
customer to make any changes in the specification of the goods and/or
services which are required to conform to any applicable safety or other
statutory or regulatory requirements or which, in the reasonable opinion of
the company, do not materially affect the specification of the goods and/or
services.
12.0 Risk And Title:
12.1 Risk of damage to or loss of the goods shall pass to the customer upon
delivery of the goods to the customer.
12.2 Title to the goods shall not pass to the customer until the company has
received in full (in cash or cleared funds) all sums due to it in respect of:
(a) The goods; and
(b) All other sums which are or which become due to the company from the
customer on any account.
12.3 Until title to the goods has passed to the customer, the customer shall:
(a) Hold the goods on a fiduciary basis as the company’s bailee;
(b) Maintain the goods in satisfactory condition and indemnify the company
against all loss or damage of whatsoever nature affecting the goods;
(c) Notify the company immediately if it becomes subject to any of the events
listed in clause 13,1 (c);
(d) Not assign to any other person any rights arising from a sale of the goods
without the company’s written consent (and then only subject to a set of
terms and conditions containing a risk and title clause which is at least as
onerous as this clause 12); and
(e) Give the company such information relating to the goods as the company
may require from time to time, but the customer may resell the goods in the
ordinary course of its business, provided that it shall hold the entire
proceeds of any such resale upon trust for the company until the goods
have been paid for in full and shall keep all such trust monies in a separate
bank account which shall not be overdrawn and in which such trust monies
are not mingled with its own or any other monies, the customer
acknowledges and agrees that a sale by an administrator or liquidator as
part of or in connection with the sale of the assets or part of the assets of
the customer is not in the ordinary course of the customer’s business.
12.4 If:
(a) The customer is late in paying for the goods; or
(b) The customer is late in paying for any other goods or services supplied by
the company; or if
(c) Before title to the goods passes to the customer, the customer becomes
subject to any of the events listed in clause 13.1 (c) or the company
reasonably believes that any such event is about to happen and notifies the
customer accordingly, then: without limiting any other right or remedy the
company may have, the company may at any time require the customer to
deliver up the goods and if the customer fails to do so promptly, the
company may enter the site or the premises of any third party where the
goods are stored or kept in order to recover them. the customer shall not
keep the goods at any premises at which the customer does not have the
right to grant access to the company. the cost of recovering the goods in
accordance with this clause 12.4 shall be for the customer’s sole account.
13.0 Termination:
13.1 Notwithstanding anything else contained in these conditions, the
contract may be terminated by the company with immediate effect
upon written notice to the customer if:
(a) The customer commits any breach of its obligations under the contract
and fails to remedy the same within 14 days of receipt of a written notice
from the company specifying the breach and requiring it to be remedied; or
(b) Any payment due under the contract is more than 7 days in arrears; or
(c) The customer makes an arrangement with or enters into a compromise
with its creditors, becomes the subject of a voluntary arrangement,
receivership, administration, liquidation or winding up, is unable to pay its
debts or otherwise becomes insolvent or suffers or is the subject of any
distraint, execution, event of insolvency or event of bankruptcy or any other
similar process or event, whether in the united kingdom or elsewhere.
13.2 On termination of the contract for any reason:
(a) The customer shall immediately pay to the company all of the
company’s outstanding unpaid invoices and interest and, in respect of any
goods and/or services supplied but for which no invoice has been
submitted, the company may submit an invoice, which shall be payable
immediately on receipt; and
(b) The accrued rights and liabilities of the parties as at termination and
the continuation of any provision implicitly surviving termination, shall not
be affected.
14.0 Additional Export Terms:
14.1 In these conditions “Incoterms 2010” means the international rules for
the interpretation of credit terms at the international chamber of
commerce as in force at the date when the contract arises. unless the
context otherwise requires, any term or expression which is defined here
or given a particular meaning by the provisions of Incoterms 2010 shall
have the same meaning in these conditions.
14.2 Where the goods are supplied for export from the united kingdom, the
provisions of this clause 14 shall (subject to any special terms agreed in
writing between the customer and the company) apply, notwithstanding
any other provisions of these conditions.
14.3 The customer shall be responsible for complying with any legislation or
regulations governing the importation of the goods into the country of
destination and for the payment of any duties on them. the contract shall
be subject to the procurement by the customer at the customer’s own
expense of any import licence and any other authorisations necessarily
required for the import of the goods into the country to which the goods
are to be exported, but failure to obtain any such documents shall not
entitle the customer to cancel the contract.
14.4 The import licence number and expiry date shall be furnished at the time
the order for the goods is placed with the company, otherwise
manufacture of the goods will not be proceeded with. in the event of the
import licence expiring before the goods have been made available it
shall be the responsibility of the customer to obtain the renewal of such
licence. the company shall not be liable for any expense or loss caused
by delay in obtaining such licence or the renewal thereof.
14.5 Unless otherwise agreed in writing between the customer and the
company, the goods shall be delivered ex works the company’s place of
business and the company shall be under no obligation to give the
customer the notice relating to insurance mentioned under section 32(3)
of the sale of goods act 1979.
14.6 The customer shall be responsible for arranging for the testing and
inspection of the goods at the company’s place of business before
shipment. the company shall have no liability for any defect in the goods
which would be apparent on inspection and in respect of which
notification is made after shipment, or in respect of any damage to the
goods whilst in transit during shipment.
14.7 Payment of all amounts due to the company shall be made against
presentation of shipping documents and in accordance with the
provisions of clause 7.1, subject to the requirements of clause 7,3.
15.0 General:
15.1 The failure or delay of the company to enforce or to exercise, at any time,
or for any period of time, any term of or any right, power or privilege
arising pursuant to the contract does not constitute and shall not be
construed as a waiver of such term or right and shall in no way affect its
right later to enforce or exercise it, nor shall any single or partial exercise
of any remedy, right, power or privilege preclude any further exercise of
the same or the exercise of any other remedy, right, power or privilege.
15.2 Any notice required or permitted to be given by either party to the other
under these conditions shall be in writing addressed to that other party at
its registered office or principal place of business.
15.3 Neither the company nor the customer intends that any of these
conditions shall be enforceable by virtue of the contracts (rights of third
parties) act 1999 by any person that is not a party to the contract.
15.4 If any provision of these conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the other
provisions of these conditions and the remainder of the provision in
question shall not be affected,
15.5 The contract is personal to the customer and the customer may not
assign, transfer, sub- contract or otherwise part with the contract or any
right or obligation under it without the prior written consent of the
company. the company shall be entitled to assign, transfer, sub-contract
or otherwise part with the whole or any part of the contract or any right or
obligation under it to any third party.
15.6 The contract constitutes the entire agreement between the parties with
respect to its subject matter and supersedes all prior and
contemporaneous agreements and understandings between the parties.
15.7 Any dispute arising under or in connection with the contract shall be
referred to arbitration by a single arbitrator appointed by agreement or (in
default) nominated on the application by either party to the president for
the time being of the law society whose decision as to the type,
qualifications and experience of such arbitrator shall be final and binding
on the parties. the costs of the arbitrator shall be borne by the parties as
he directs and his decision on the issue in dispute shall be final.
15.8 The contract shall be subject to and construed under english law and the
parties hereby submit to the non-exclusive jurisdiction of the english
courts for that purpose.
15.9 All silica sand and specialist infills when first installed can leave small
residues on and around the surface of the newly installed grass however
this is nothing to worry about as within a short period of regular use it will
eventually end up right in the base of the grass. This residue is more
prominent when using the volcanic ash infills but once again over the
course of time will end up in the base of the grass.
Easigrass
Bagshot Road,
Chobham,
Woking,
GU24 8DB
Easigrass is a trading style of Easigrass Distribution Ltd. Our registered
address is Gable House, 239 Regents Park Road, London, N3 3LF Reg No.
07144023. We are authorised and regulated by the Financial Conduct
Authority FRN 938400. We are a credit broker not a lender and offer credit
facilities from a panel of lenders. Credit is subject to status and affordability
