Terms and Conditions
In these terms and conditions Cheviot Trees Ltd is the ‘Supplier’ and "the Customer" is the purchaser of goods and services from Cheviot Trees ltd.
PRICES AND ACCEPTANCE
Prices quoted are valid for acceptance within 30 days unless otherwise agreed, and are subject to customers’ credit being approved.
Quotations are based upon information provided by the customer and may be subject to change should the customer make alterations or amendments to the design or scope of work.
PAYMENT TIMING SCHEDULE
Unless otherwise indicated and agreed:
1. 10% deposit with written confirmation of order.
2. 40% progress payment on delivery of materials.
3. 50% on completion of work, depending on length of job.
4. If completion within 14 days of delivery, the 90% will be invoiced on completion.
Payment Terms are 28 days from date of invoice.
A credit charge of 2.0% per month will be added to all overdue accounts.
Prices exclude VAT at 20%.
Our tender price excludes any allowances for;
1. Removal from site and disposal of packaging, waste material etc.
2. Provision of continuous site representation and ‘Planning Supervisor’ duties as far as the requirements under Construction Design and Management Regulations 1994 annexed in Schedule 13, and any modification or re-enactment thereof concerned.
3. Provision of services to cover Unforeseen Site and Ground Conditions, detailed below.
4. Provision of off-site storage and associated transport.5. rane or fork lift hire unless expressly agreed.
HEALTH AND SAFETY
Cheviot Trees Ltd will undertake a full risk assessment covering activities associated with delivery and installation of the Cheviot Trees Ltd product.
A copy of the Cheviot Trees Ltd Health, Safety and Environmental Policy can be inspected on request.
Responsibility for the design of the system for which we have tendered and relevant specifications and information included in the documents shall remain the property of the authors.
CONSTRUCTION PROGRAMME AND DELIVERY
Our offer and price is based upon work being completed between agreed dates. (See quotation) and is conditional upon the mutual agreement of a comprehensive, co-ordinated programme for the works being agreed within 1 month of the date of our acceptance of your instruction to proceed, or quicker if necessary.
Delivery and completion dates are provided in good faith by Cheviot Trees Ltd. Time of delivery is not of the essence and Cheviot Trees Ltd does not accept any responsibility for damages due to late delivery. Any delay to completion will not constitute grounds for the cancellation of any order.
WARRANTY AND EXCLUSION OF LIABILITY
We undertake to rectify all recorded and emergent defects to the system, or any part thereof, for a period of 12 months from the date of practical completion. This undertaking is subject to the construction being maintained in accordance with Cheviot Trees Ltd recommendations at all times. In the event of goods or articles sold by Cheviot Trees Ltd proving to be of defective quality either in materials or manufacture then Cheviot Trees Ltd upon the notification or return of such article or goods will, at its discretion repair or replace the same.
COMPANY RETENTION OF TITLE
The ownership of goods shall not pass to the customer until payment has been made for them in full.
Cheviot Trees Ltd reserves the right to enter, on reasonable notice, the premises where the goods are situated and retake possession of them should payment not be received in full. Any additional cost undertaken in this event may be passed to the customer.
ADDITIONS AND CHANGES
Additions and changes to the original contract and scope of works will be progressed only after our receipt of the customers written instructions, which may include hand-written instructions signed by the customer. Changes to the original contract will be valued wherever practicable prior to commencement of work. Where this is not practicable, rates and/or quantities calculated in a manner taking account of the different circumstances under which the work is to be progressed will be applied. Where the scope of work cannot be progressed in the same manner as the original scope of work, time and material records and day work rates will be applied at the following rates;
- £250 / day: Labourer - £175 / day
Material .......As required, with prior notification of purchase where possible.
Plant .......….JCB / Mini digger - £160 / day
The parties shall agree in advance a method of valuation and payment for the completion of the works, which will include payment for any loss and / or expense incurred due to addition or change.
ACCESS TO SITE
If Cheviot Trees Ltd suffers delay and/or incurs cost resulting from failure on the part of the customer to grant right of unencumbered access to the site (including without limitation from failure on the part of the customer to comply with its obligations in respect of any access road), Cheviot Trees Ltd shall give notice in writing and as soon as is practical to the customer that an extension in time is required and the amount of such cost plus reasonable profit, which maybe required to be added to the contract price to cover such extension.
UNFORSEEN SITE AND GROUND CONDITIONS
The customer shall have made available to Cheviot Trees Ltd, all data on hydrological and sub-surface conditions at the site, and studies on environmental impact, which have been obtained by or on behalf of the customer. The customer must provide any necessary licenses or permits to work. Should site conditions not be as indicated by the client Cheviot Trees Ltd will adjust any necessary rates accordingly.
Unforeseen site conditions include:
1. Unexpected form and nature of the site, including the sub-surface conditions previously notified by the customer
2. Variations to hydrological and climatic information provided
3. Variations to the nature of the work and materials necessary for the execution and completion of the works, and the remedying of any variations or defects.
4. Any restricted means of access to the site and the accommodation area required.
Cheviot Trees Ltd accepts no liability for delay caused as a
consequence of unforeseen ground conditions. Cheviot Trees Ltd
reserves the right to charge additional costs as a consequence
Unforeseen ground conditions include;
1. Hard digging, this can be described as follows but not limited to unexpected natural material such as rocks, tree roots, man-made debris including bricks, reinforced concrete and road surfaces.
2. Variation of the position of utilities from those marked on the customers survey.
3. Unmarked utility provisions (electrical wires, pipes, drains, sewers etc.)
4. Unexploded bombs
5. Archaeological artifacts including; fossils, coins, etc
RISK OR LOSS
The risk of loss or damage to the goods shall pass to the customer on completion of the works. Accordingly it is the responsibility of the customer to take out insurance cover from this point should it be required.
Cheviot Trees Ltd carries comprehensive Employers and Public Liability insurance, details of which are available upon request.
LIMITATION OF LIABILITY
Cheviot Trees Ltd liability under the Contract and these Conditions, except for liability in respect of death or personal injury caused by negligence of Cheviot Trees Ltd, its employees, servants or agents is limited to the reasonable cost of remedying or rectifying any defects in the work and in no event shall exceed the Contract Price.
Further, Cheviot Trees Ltd shall have no liability arising from it damaging any underground pipe, cable or other service media except where the location has been notified to it in advance of Works commencing in the relevant part of the Site.
Except as previously described in the above clauses Cheviot Trees Ltd excludes all liability to the Customer for any loss or damage, whether direct, consequential or economic suffered or incurred by the Customer arising under or in connection with the Contract, these Conditions or the carrying out of the Works.
Unless specifically stated in the quotation Cheviot Trees Ltd will not accept any liability for design.
EFFECT OF FORCE MAJEURE
In this Clause, “force majeure” means an unforeseeable event beyond the control of the Customer and the Contractor, which makes it impossible or illegal for a party to perform it’s obligations under the Contract, including but not limited to;
1. Freak natural causes occurring exclusively without human intervention;
2. War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
3. Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; and
4. Strikes, lockout, riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors.
Neither the Customer nor the Contractor shall be considered in default, or in contractual breach to the extent that performance of obligations if prevented by a force majeure event that arises after completion of the works.
These terms and conditions, any contract to which they apply, and any matters of dispute, shall be handled in accordance with English law.