Terms and Conditions

Hillsborough Turf Supplies Terms & Conditions (Artificial Turf)

Prices, Tax & Payment

The prices shown for goods excludes postage and packaging unless specifically stated. The charge for postage and packaging is shown in the Checkout before you are asked to confirm your order. The price you pay will include VAT.

Payment of the price shall be in the manner specified in the proposal. If the customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 2.00% per month on the outstanding amounts.

Any credit given by the Seller to the Buyer may be withdrawn or limited at any time by the Seller on such notice as the Seller may think fit and consequently the Seller may refuse to deliver all or part of the goods other than against due tender of the price in accordance with any contract to which these conditions apply.

Creases

Due to the nature of Artificial Grass it may flatten or crease when rolled, this is not a fault with the grass. Creases will fall out within three months of the grass being installed. The grass is not faulty if delivered with creases. The creases will de-crease quite noticeably on a daily basis and with use.

Colour

We send out the grass from the same batch to ensure there are no slight colour differences. Therefore please be aware if you want to add more grass to an area at a later date there may be a slight colouration difference. We suggest you make the decision now and order all the grass from the same batch. Artificial Lawn Company cannot be liable for any differences in the colour for the same product if ordered separately.

The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.

Variation

The seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery even though the length may be up to 2.5% more or less than the length specified in the contract. Weights and sizes of the goods are taken on the average of the total amount of goods despatched. Weights are guaranteed only at the date of despatch.

Guarantee

All grasses we supply and install come with a 10 year manufactures guarantee this does not cover the curling and crushing that naturally occur with continued use.

Title

Title in the goods shall not pass to the customer until the Supplier has been paid in full for the goods.

Force Majeure

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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

Jurisdiction

The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.

Consumer Rights

None of the above Terms and Conditions affect your statutory consumer rights.

Liability

The Buyer Shall Inspect The Goods Immediately Upon Delivery, The Seller Shall Not Be Liable To The Buyer

For Non-Delivery Unless A Written Claim Is Received By The Seller Within 7 Days Of The Delivery Date Given.
For Shortages In Quantity Delivered In Excess Of Those Permitted By Condition. Unless The Buyer Notifies The Seller Of Short Delivery Within 7 Days Of Receipt Of The Goods.
For Damage Of The Goods In Transit Unless The Buyer Shall Notify The Seller Of Any Such Claim Within 7 Days Of Receipt.
For The Defects In The Goods Caused By Fair Wear And Tear, Abnormal Or Unsuitable Conditions Of Storage Or Use If Any Act, Neglect Or Default Of The Buyer Or Of Any Third Party.
For Other Defects In The Goods Unless Notified To The Seller Within 7 Days Of Receipt Of The Goods By The Buyer Or Where The Defect Would Not Be Apparent On Reasonable Inspection Within 3 Months Of The Delivery.

Where Liability Is Accepted By The Seller. The Sellers Only Obligation Shall Be At Its Option To Make Good Any Shortage Or Non-Delivery And/Or As Appropriate To Replace Or Repair Any Goods Found To Be Damaged Or Defective And/Or To Refund The Costs Of Such Goods To The Buyer, Goods May Not Be Returned Without The Seller's Prior Written Consent.
The Sellers Aggregate Liability To The Buyer Whether For Negligence, Breach Of Contract, Misrepresentation Or Otherwise Shall In No Circumstance Exceed The Cost Of The Defective, Damaged Or Undelivered Goods Which Give Rise To Such Liability As Determined By Net Price Invoiced To The Buyer Inrespect Of Any Occurrence Or Series Of Occurrences.
All Conditions, Warranties And Representations Expressed Or Implied By Statute, Common Law Or Otherwise In Relation To The Goods Are Hereby Excluded
The Seller Shall Be Under No Liability To The Buyer For Any Loss, Damage Or Injury Direct Or Indirect, Resulting From Defects In Design, Materials Or Workmanship Or Otherwise Howsoever Arising (And Whether Or Not Caused By The Negligence Of The Seller, Its Employees Or Agents) Other Than Liability For Death Or Personal Injury Resulting From The Sellers Negligence.
The Seller Shall Have No Liability For Any Indirect Or Consequential Losses Or Expenses Suffered By The Buyer, Howsoever Caused, And Including Without Limitation, Loss Of Anticipated Profits. Goodwill, Reputation, Business Receipts Or Contracts, Or Losses Or Expenses Resulting From Third Party Claims.

Application

These conditions alone shall govern and be incorporated in every contract for the sale of goods made by or on behalf of the Seller with any customer ("the buyer"). They shall apply in place of and prevail over any terms or conditions, (Whether or not in conflict or insistent with these Conditions), contained or referred to in any documents submitted by the Buyer.

Acceptance by the Buyer of delivery of the goods shall (without prejudice to Condition 2 or any manner in which acceptance of these Conditions may be evidenced) be deemed to constitute unqualified acceptance of the conditions.

If Subsequent to any conditions of sale or purchase, such contract howsoever made shall be deemed to be subject of these conditions.

Termination

If the Buyer (being an individual) enters into a voluntary arrangement or if a petition is presented for the making of a bankruptcy order against him or if he compounds with his creditors or if (being a company) an application for an order made or a resolution is passed for the winding-up of the Buyer (otherwise than for the purpose of amalgamation or reconstruction previously approved in writing by the Seller) or if a meeting is called to approve the appointment of a liquidator to the Buyer or if a petition is presented to the court for the appointment of a liquidator to the Buyer of is a receiver, manager, administrative receiver or an administrator is appointed or a petition is presented to the court for the appointment of an administrator to the Buyer or over any part of the Buyers undertaking or if circumstances arise which may entitle the court or a creditor of the Buyer to appoint a receiver , manager, administrator or which might entitle the court to make a winding-up order or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits a breach of any contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any goods in transit and/or by notice in writing to the Buyer terminate contract with the

Buyer.

Upon any termination of any contracts pursuant to any indebtedness of the Buyer to the Seller shall become immediately due and payable and the seller shall be relieved any further obligations to supply any goods to the Buyer pursuant to such contracts.

Assignment

None of the rights or obligations of the Buyer under these conditions may be assigned or transferred in whole or in part without the prior written consent of the Seller.

Risk and Insurance

Any property of the Buyer in or under the Seller's possession or control and all property supplied to the Seller on behalf of The Buyer shall be held by the Seller at the Buyers risk. Any goods returned by the Buyer to the Seller shall be at the Buyers risk.

Title

Notwithstanding delivery and passing of risk. The goods shall remain the property of the Seller until such time as the Buyer shall have paid to the seller the agreed price (together with any accrued interest) and all other amounts owed by the Buyer to the Seller.

Hillsborough Turf Supplies Terms & Conditions (Real Turf)

RETAIL WEB CONDITIONS OF SALE

In these conditions 'the Company' means HILLSBOROUGH TURF, 'the Buyer' means any person contracting with the Company for the supply of goods that HILLSBOROUGH TURF provides and sells. 'Company's vehicles, drivers and workers' means any vehicle or person contracted directly or indirectly for the processing and delivery of goods that HILLSBOROUGH TURF provides.

Products are sold under the express understanding that:-
a) The Buyer and the Company are contracting in the course of their respective businesses and except as stated in writing by the Company no condition or warranty is given or implied by law, custom, usage or otherwise as to the quality or fitness for any purpose of the goods sold by the Company.
b) The buyer fully understands that lawn turf is a growing crop and therefore an ever changing product.
c) Any complaints on quality or services must be notified in writing to the Company within twenty four hours from delivery quoting the invoice number from the delivery note.
d) All products are subject to availability.

Products

Please note, our products are from a natural source and will change, depending on climatic conditions and the type of maintenance that may or not be carried out from installation. In the case of turf, which will adapt itself to the installed environment, a new lawn will have various shades of green and various thickness of leaf on the plant as well as various types of grasses. Turf will produce your lawn depending on the characteristics of the nutrient level of the soil that it is laid on. (Poor soil will likely result in poor establishment) and the environment it is to be maintained on. (Shade and still air will reduce the ability of a turf to produce a lawn.) The buyer fully understands that turf must be laid on properly prepared ground with no risk to drought or frost and adequately watered within eight hours of delivery.

Prices & VAT

All prices on the retail section of this website are in £'s Stirling and include VAT at 20%. The prices and conditions of sale set out on this web are correct at the time of posting. On the rare occasion where there is an error in this posting, we will do our best to inform you at the earliest opportunity when your order is placed.

Payment

Payment can be made over the phone or in the office via debit/credit card, bank transfer or cash.

Delivery

Delivery is to road side only and is conditional upon the access to be free from encumbrances, have good roads being available and being off-loaded within reasonable time and in the manner required by the Company. The Company will not accept any liability for damage to property, caused during delivery.
a) The Buyer will, if requested, give every facility to the Company's drivers and workers and assist in the unloading of goods to be delivered.
b) The Company shall have the right to charge for excessive standing time at the rate published by the Company from time to time.
c) Any delivery date given is an estimate and for guidance to help the Buyer. The Company shall be under no liability whether in damages or otherwise for delay in delivery of the whole or any part of the goods ordered arising from any cause whatsoever.

Statutory Rights

These conditions do not effect your statutory rights as a customer
These conditions apply between the Company and the Buyer. No variation or cancellation of any order shall be made by the Buyer without consent of the Company. These conditions and any contract entered into by the Company with the Buyer shall be governed by the Law of England. Any dispute arising from these conditions or any contract entered into by the Company with the Buyer which cannot be settled in the ordinary course of business shall be referred to a single Arbitrator in accordance with the Arbitration Act 1950 or any modification thereof for the time being in force.

daVally Terms and Conditions

All work undertaken will be discussed and agreed prior to the start date and all work will be completed from the original quoted specification by daVally Garden Services, unless otherwise agreed.
The quotation/original price for work includes all materials and labour as stated. Anything not detailed in the quotation description may not be included in the price and if required will be charged appropriately.
The customer is required to provide water, electricity and toilets, if needed, at no charge to daVally Garden Services during the course of the work.
The customer will be responsible for all payments to daVally Garden Services, unless otherwise notified prior to commencement. All payments are required on the day of completion which we will notify you of. Late payments may be subject to an admin charge.
All materials used for the job will remain the property of daVally Garden Services until full and final payment is received.
daVally Garden Services reserve the right to reclaim any materials and reverse any work completed in the event of non-payment.
Cancellation of work after submission of the ‘Confirmation of Order’ form shall be subject to a charge. Any work cancelled within 6 weeks of the start date shall be subject to a fee equal to 15% of the quoted price. Any work cancelled within 2 weeks of the start date shall be subject to a fee equal to 50% of the quoted price.
For some work we may ask you to make a deposit in order to hold your booking with us; the deposit amount will be stated on your quotation and will be deducted from your final bill upon completion. In some circumstances we may also require a job to be paid for in stages, i.e. for very large jobs requiring several weeks or months to complete, to cover the costs of wages and materials etc.
If a plan of stage payments is agreed, the customer agrees to adhere to this payment plan and make sure payments are made by the date specified. If a stage payment is missed or unpaid, we reserve the right to cease works on the project until the necessary payment(s) are made.
Sometimes it may be necessary for sub-contractors to be paid directly by the customer. If this is necessary you will be properly notified. The full amount payable to the sub-contactor will be included in your quoted/agreed price, and will therefore be deducted when we issue the final invoice.
All materials surplus to the contract will remain the property of daVally Garden Services and will be removed from site upon completion.
It is very important and the sole responsibility of the customer to ensure we are made aware of any special/statutory bylaws/conditions/permissions that may be involved.
Maintenance is not included in one off contracts unless specified. Please let us know if you would like a separate quote for regular maintenance.
If you accept the proposal we reserve the right to use photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information.
We ask that customers stay off the garden at all times during the work unless absolutely necessary to adhere with our health & safety policy, as the site is liable to contain hazards. It is also possible that recently completed work may be inadvertently damaged (e.g. walking on slabs that have not yet set), which may result in extra charges applied to the final invoice for repairs carried out.
We ask that any cars/vans/other vehicles are removed from the drive or the front of the property (or areas close to the access point to the garden) as necessary to allow ample space for the workmen to bring in and remove materials from the work site. Any vehicles left in close proximity to the access point of the garden shall be done so at the owners own risk, and daVally Garden Services shall not be held responsible should any inadvertent damage be caused to such vehicles as a result.
If we are required to go through any building (whether this be house, garage, outhouse etc.) to access the garden, we are happy to do so, however this is to be done entirely at the risk of the customer, and daVally Garden Services shall not be liable should any damage occur. Whilst we will take every care not to cause any damage, we may need to transport heavy and bulky items on to the garden, and this can increase the likelihood of some inadvertent damage occurring (for example scuff marks on door frames/doors).

Alterations and Additions

Any additions and/or alterations to the work must be signed and agreed through the office. It is not sufficient to simply agree changes with the staff working on site.
Any additions and/or alterations to the work shall be properly treated as variations and additional payments may be required to cover the agreed changes.
If the customer adds extra work to the planned landscape, this will be chargeable.
Any additions and/or alterations will be treated separately from the initial agreed quotation and shall not interfere with the initial quote and work carried out. Any issues arising from agreed additions and alterations will not give reason for the withholding of payment for the rest of the job and must be dealt with separately.
All, or any special conditions, of which daVally Garden Services has been informed are noted in the quotation.
It is our normal policy that once we arrive, should you require any additional work or items, large or small, as good customer practice we endeavour to complete all additional work where practicably possible. This may not always be possible due to agreed timescales with other contracts/customers, in which case we would arrange for the additional work to be completed as a separate job.

Timescales & Unforeseen Circumstances

An indication of the expected duration of the job and schedule of work will be given prior to commencement and we will keep you updated with the progression of the job, however, due to the likelihood of unforeseen problems and/or adverse weather conditions, it is not possible for us to adhere to a strict timescale. Therefore any timescale given is to be used as a guideline only and is not given as a guaranteed date of completion.
It is sometimes necessary for us to move staff between jobs for various reasons, and this may occasionally result in days where nobody is present on your job. This will not significantly impact the timescale of your job and is only done where absolutely necessary, e.g. as a result of staff absence or unsuitable weather conditions.
At the time of order an approximate timescale for commencement will be given. However this is only a guideline as adverse weather and other unforeseen circumstances can and most likely will cause delays in prior jobs. This has a knock-on effect which can delay us from starting new jobs on the date we had originally planned for.
We will be entitled to suspend performance of, or terminate the work if the customer fails to pay any sum due to us, in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt, in which case we shall be entitiled to payment for all the work carried out, and for all goods supplied to the date of the termination, and to retain any deposit made.
We accept no responsibility for works that have been carried out on land that is not under the ownership of the customer and it is assumed that all planning laws or regulations have been applied before commencement of any works.
We shall not be liable for any defects or damage caused through adverse and extreme weather conditions, during or after the work.
daVally Garden Services is not able to accept responsibility for any damage to (or cost involved with) any underground hazards or obstructions, e.g. gas pipes, not made known to us in writing or apparent on visual inspection.

Final Payment, Handover & Aftercare

A final payment of the balance will be required on the day of completion.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
Payment methods are Cash, Credit Card, Cheque or BACS (Internet Bank Transfer). You will have been informed of the expected method of payment in your quotation.
Any minor adjustments or snagging required will not be a cause for delay of final payment.
Upon completion, the responsibility for the care and watering of all plants, lawns etc. is handed over to the customer and will require regular attention until established. Great care is taken to remove all weeds/roots from the site when being prepared, and daVally Garden Services cannot accept responsibility for subsequent weed growth on completion of the project.
We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf and soil, following completion. If necessary, we reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification. In regards to any landscaping work that involves digging – such as patios, artificial grass, drives etc., nearby to trees, shrubs, flowers, plants etc., we cannot be held responsible if roots are in the way and need to be cut to complete the work.
We shall not be liable for any defects arising from the customer’s own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal or other abuse or damage caused by the customer.
Following the installation process, the products used will settle and set. Any issues that may arise as a result of the installation process will normally become apparent within the first month. We are therefore willing to return for snagging work (such as resetting a loose slab or topping up the joints) for a period of 3 months after the completion date. Any snagging that becomes apparent after this period will not be as a result of the installation process, and any repairs will therefore be charged at the hourly rate plus any materials required.
We do not offer guarantees on the materials used as these are not produced by us, however our suppliers may offer their own guarantees on some materials.
We may, at any time, change/update these terms and conditions as necessary. An up to date version can be found on our website, or requested from the office.
Errors and omissions excepted.

Revision 2.3 – June 2018.

making your garden greener