Terms and Conditions of Service
By agreeing to purchase Products or Services from English Hedging (“The Company”) you enter a legally binding agreement with us on the following terms. It is important that you read and understand these terms because they affect your rights and liabilities.
1.Terms
For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Transplant Nursery Ltd. trading as English Hedging of Oak Farm, Corse Lawn, Gloucester, Worcestershire, GL19 4NB.
(b) “The Customer” shall mean the person or organisation for whom The Company agrees to carry out Services and/or supply Products.
(c) “The Operative” or “Operative” shall mean any representative appointed by The Company.
(d) "Quotation" or "Quote" shall mean written specification of the Products and/or Services sent to the client.
(e) "Services" shall mean tree surgery, planting, hedge trimming, garden maintenance and services, grounds maintenance, arboricultural advice and work, and any other services indicated in a written Quotation.
(f) “Products” shall mean any plants, trees, irrigation or planting materials, wood or other products indicated in a Quotation or invoice.
(g) "Contract" shall mean the agreement between The Company and The Customer in which The Customer requires The Company to undertake certain specified Services, or provide specified Products and The Company agrees to do this for a given remuneration disclosed in a quotation or invoice.
2. Discretion to accept or reject Services and/or Products
The Company reserves the right to refuse or decline Services and/or Products at the Quotation stage at their own discretion. Where The Company agrees to carry out Services for The Customer those Services shall be undertaken by the designated Operative of The Company at its absolute discretion. Any orders for Products will be accepted at The Company’s sole discretion.
3. Written Quotation
All Quotations and cost estimates are without obligation.
Quotations are valid for 14 days from their date of issue, after which time The Company is entitled to draw up a new Quotation and/or amend costs
4. Entering into an agreement, execution of commission
The Contract takes effect on acceptance by the client, either verbally or in writing, of the Quotation submitted by The Company.
The Company commits itself to executing the Services or Products to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to The Customer’s requirements and in compliance with all relevant regulations and standards.
The Company shall take all necessary steps to ensure that the worksite is left clean, tidy and safe on completion of all works (unless agreed otherwise in writing on Quotation).
All of The Company’s work is by written Quotation agreed with The Customer. Where a written Quotation has been supplied to The Customer the total charge to The Customer referred to in the Quotation should be the amount payable, but may be revised in the following circumstances:—
(i) if after submission of the estimate The Customer instructs The Company (whether verbally or in writing) to carry out additional works not referred to in the quotation.
(ii) if after submission of the Quotation it is discovered that there was a manifest error when the Quotation was prepared. At which time The Customer will be contacted before works are carried out. The Company shall not be bound by any Quotations given orally or in which manifest errors occur.
5. Invoices and Payment
The Company requires that payment must be made on time, in full, and without any deduction, offset or counter claim. Where invoices are overdue and payment has not been received, The Company reserves the right to charge daily interest on the debt at a rate of 8% over the Bank of England base rate on a weekly basis. In the event an account remains outstanding, The Company will refer the matter to debt collection agents, which will incur further costs plus VAT at the appropriate rate. Any costs incurred to collect the debt will be added to the debt by the collection agents, plus VAT at the prevailing rate. The Customer agrees upon entering into an agreement as outlined in Section 4 that they will be legally liable to pay The Company that surcharge, and that payment of the same can be enforced against the Customer in Court. The Customer also agrees to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgement of the Court and continues to accrue.
7. Refunds
No refunds will be issued for work done by The Company. If The Customer is dissatisfied with the level of work then notice should be made for remedial work to The Company (see item 11 below). In the case of an invoice being paid upfront before work commences and The Customer decides that work should not commence The Company’s cancellation policy (see item 10 below) shall be followed.
8. Fixed Dates/Times
Where the date and/or time for works to be carried out is agreed by The Company with The Customer, then The Company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However The Company accepts no liability in respect of the non-attendance or late attendance on site of The Operative or for the late delivery of materials.
9. Customer Liability
The Customer shall accept sole liability to discharge The Company’s account unless they disclose to The Company when initially instructing them to carry out work and/or supply materials that they are acting on behalf of a third party including, but not limited to, a Limited Company or Partnership and is in receipt of a written quotation clearly showing the name of the third party on whose behalf the work is being undertaken.
10. Cancellation and Returns
The Customer has the right to cancel any product or services except perishable goods which are listed below. If The Customer cancels their instructions after agreeing to a Quotation, but prior to any Works being carried out or Products being supplied then The Customer shall be liable for any related expenditure together with an administration fee of £30.00. If orders have been picked ready for collection or delivery then a restocking charge of 10% shall apply.
Any cancellation must be made within 7 days from the date of the order being placed and prior to dispatch of the goods.
Customers are required to return the goods, at their own expense, to English Hedging, Otterhill Farm, Rowtown Addlestone, Surrey, KT15 1HD.
Plants are perishable goods. All other goods supplied are non-perishable. Perishable goods are excluded from cancellation under The Consumer Protection (distance selling) regulations 2000 as amended by S1689, 2005 and as such, the returns of plants are at the sole discretion of The Company.
11. Notification for Remedial Works
If The Company shall have carried out the works and The Customer is not wholly satisfied with the works then The Customer shall give notice in writing within 2 weeks to The Company and shall afford The Company and its insurers the opportunity of inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if they fail to notify The Company within 2 weeks from the date the work was carried out The Company shall not be liable in respect of any defects in the works carried out.
12. Warranties
The Company strives to provide top quality plants and products to its customers and accordingly, warrants that they will meet their specification and will be free from defects in materials and workmanship at the time of delivery. The Company further undertakes that the goods will be in good condition at the time of delivery and will be of the type ordered, or if that type is not available it will let you know by email or telephone and, if possible, suggest a suitable available alternative. If The Customer does not want the alternative suggested, they shall be entitled to order another plant or cancel their order.
The placing of an order indicates acceptance of these terms, which shall not be varied by any terms, conditions, correspondence or document (s) issued by, or emanating from the customer unless specifically agreed in writing.