terms and conditions

Term and Conditions

These terms and conditions apply to the supply of goods (including plants) and/or services by Wessex Woodland Management Ltd.

1 Application of these Terms and Conditions

These are the terms of the legal contract between the Purchaser/Client and Wessex Woodland Management Ltd. Please read them carefully, paying particular attention to the exclusions and limitations of liability in clauses 5.4, 9 and 12.

If you are a consumer please also pay particular attention to clause 6, which explains your right to cancel the contract and when this applies.

1.1 Other terms: These terms are the only terms and conditions which apply to your purchase. All other terms (including those referred to in purchase orders or which are otherwise provided to us) are excluded.

1.2 Definitions and Interpretation: In these terms:

(a) references to “goods” includes all plants, products and any deliverables or materials we supply; and

(b) phrases such as including, include, in particular or any similar expression shall be construed as illustrative and not as exhaustive or exclusive.

2 Quotations and orders

2.1 Subject to availability: Goods are subject to availability at the time of ordering.

2.2 Validity: Unless otherwise specified, all quotations are valid for 30 days from the date on which they were given.

2.3 Non-binding: Quotations are not binding and are not offers to contract. By accepting a quotation and placing an order you are making an offer to contract on those terms. If we accept your order, we will notify you to confirm this (at which point a contract between you and us is formed). Please note that, until an order is confirmed, product prices and delivery charges are subject to change.

2.4 Conditions: Quotations are provided on the following basis:

2.4.1 Where quantities or types of products/services have been calculated based on drawings or instructions, the quotation shall be an estimate only. You accept that the actual quantities or types of product/service used (and the resulting cost) may vary.

2.4.2 Products and services listed in the quotation are subject to availability.

2.4.3 That the following statements are accurate:

(a) All spoil can be disposed of on-site in accordance with applicable law and with ease unless otherwise stated.

(b) There are good ground conditions, and the soils on site are suitable for the products/services requested.

(c) Unless stated, watering and maintenance are not included.

(d) Easy and available access will be provided to work areas and materials at all times.

(e) The only goods and/or services required are those in the quotation.

If any of these are incorrect, the cost payable by you could increase.

3 The Price

3.1 Goods: Prices for the supply of goods exclude delivery (unless otherwise stated). If the cost to us of supplying an order increases before delivery, we may increase the price accordingly. Unless otherwise agreed, orders only including goods are payable upon being placed.

3.2 VAT: All prices shown exclude VAT (unless otherwise stated). In the event, the prevailing rate of VAT changes during the period between an order being confirmed and an invoice being issued (or, if earlier, the goods and/or services being provided), the amount of VAT you have to pay for those goods and/or services may change.

4 Your order

4.1 Amending an order: Once an order has been placed it is final. We may (at our discretion) allow you to make changes, but reserve the right to increase our unit rates or add an amount to offset the additional costs incurred.

4.2 Substitutions: We reserve the right to substitute plants where the specified plant is not available, or to omit them altogether and deduct the cost from the final bill.

4.3 Cancelling: If you cancel an order by clause 11.2, you are responsible for any costs we have incurred which we can’t reasonably recover, together with an administration charge of 10% of the order value.

5 Our products and services

5.1 Our promise: We aim to provide high-quality plants, goods and services. We will ensure that our goods and services are fit for their usual purposes and they conform in all material respects to their description and (if applicable) sample. Where we provide services, these shall be provided with reasonable skill, care and diligence.

5.2 Tree work standards: Arboricultural work shall be completed in line with BS3998 ‘Recommendations for Tree Work’ (where appropriate) unless agreed otherwise with you.

5.3 Complaints: Any complaints regarding the quality of the plants, materials or workmanship should be made as soon as possible and not later than 7 days from collection, delivery or completion of the contract.

5.4 Exclusions: We do not offer any warranties or guarantees other than those contained in clause 5.1 (and all other warranties are excluded). We are not responsible for goods and/or services after acceptance of the delivery or signing off of the job. We are also not responsible for plants that fail to grow due to unsuitable soil, location or other conditions, inadequate ground preparation, planting or maintenance (unless we agreed to do this or provided incorrect instructions), adverse weather conditions or other causes beyond our reasonable control.

5.5 Plant guarantee: We cannot offer to guarantee the success of your plants.

6 Returns and cancellations

6.1 To cancel the contract you must contact us by calling us on 01488 685007 or by emailing info@wessexwoodland.com

6.2 If our products are not of satisfactory quality, as described or fit for their usual purpose, then you can reject them, provided you notify us within 7 days of delivery.

7 Payment and invoices

7.1 Ownership: We retain ownership of all goods until cleared payment for all the goods and/or service has been received in full. However, you are responsible for goods from the time of delivery or collection (even if payment has not yet been received in full and we still own them).

7.2 Payment methods: We prefer payment by BACS. We also accept payment by major debit or credit cards (except American Express).

7.3 Due date: Unless otherwise stated, invoices are due within 30 days of their date.

7.4 Late payment: If any payment is not made on the due date, we may suspend any further provisions of goods and/or services under the contract until payment is made (without prejudice to any of our other rights) and we reserve the right to cancel the contract in relation to such further provisions of goods and/or services and recover any goods already supplied at your expense.

7.5 Interim invoices: interim invoices will be submitted for jobs lasting longer than 8 weeks. These are also subject to the same terms as above.

8 Delivery

8.1 Estimates only: Delivery dates and times provided by us or our couriers are only estimates and are not guaranteed. If the time of delivery is essential, you must agree on this with us before placing your order.

8.4 Changes: We reserve the right to make changes to dates and timings if necessary (including due to adverse weather, unforeseen circumstances or other emergency works being required). We will try to notify you as soon as possible to minimize any disruption.

8.5 Bare root plants: All bare-root plants are only available for shipping between November and March. If you place an order with us outside of these months, payment and dispatch will be placed on hold until the plants are ready for dispatch.

9 Site access and hazards

9.1 Access: You are responsible for ensuring we have free and clear access to premises such as we reasonably require (this includes free and available parking for our contractor’s vehicles). If there are any impediments or obstructions, you must notify us in advance. You must also notify us of any reasonable policies (e.g. regarding health and safety) that our personnel will need to comply with.

9.2 Hazards: You must provide a site hazard and sensitivities map and you must warn us, in writing, of any site hazards which are not immediately apparent. You are responsible for costs or damage which arise as a result of your failure to do so.

9.3 Property damage: Every effort will be made to avoid damage to property (including products you have purchased from us), but we are not responsible for loss or damage that might have been avoided by your taking precautions (clause 10.2) or warning us of hazards (clause

9.4 Where we are responsible for damage that could not have been avoided, our only liability will be to take reasonable steps to make good that damage or (at our option) to pay for the damaged property to be either repaired or replaced to an equivalent standard.

10 Planting and landscaping services

10.1 Aftercare: once work is complete, you are responsible for the well-being of all plants, unless we have agreed to maintain them.

10.2 Watering: you are responsible for watering and checking all plants once these are planted on site.

10.3 Tree Preservation Orders, Conservation Areas and Felling Licenses: You are responsible for ensuring our work will not breach any laws or regulations (e.g. Tree Preservation Orders (TPOs) or Conservation Areas). If you suspect the site is subject to a TPO or is in a conservation area, you must inform us when placing an order. We can check for the presence of (TPOs and conservation areas). We can also make applications on your behalf (though additional charges may apply).

10.4 Other investigations and private covenants: Other than investigating the existence of TPOs and conservation areas upon request (see clause 10.3), we shall not investigate land ownership or applicable covenants, restrictions or other laws or regulations. You are responsible for ensuring all necessary rights, licences and permissions are in place for us to access the site and carry out the work.

10.5 Felling: Quotes for the felling of trees do not include the removal of stumps. If required, we can quote for this as a separate service (see clause 10.6). If contamination is found within the lower stem (e.g. wire, concrete, gravel, nails etc.) the stem will be left as low to the grounds as reasonably practical as dictated by the nature and extent of contaminants.

10.6 Stump Grinding: Stump grinding is not included in the quotation unless otherwise specified. Due to the nature of stump grinding the stumps will be ground down to approximately 150/200mm below the surface level depending on which machine is used. Under no circumstances are roots included in the grinding unless they are exposed above the surface level and are part of the discussed quotation. In all cases, grindings will be left on-site and used to backfill the hole, unless specified at the time of quotation. There will be no guarantee that planting can be undertaken in the same place once the stump is removed.

11 Termination

11.1 Our right to terminate: Without limiting our other rights or remedies, we may terminate the contract with immediate effect by giving you written notice if:

11.1.1 You commit a material breach of contract and (if such a breach is remediable) you fail to remedy that breach within 14 days of being required in writing to do so; or

11.1.2 We have not yet received payment in full for the goods and/or services, and you are subject to an insolvency-related event (such as bankruptcy, liquidation or administration) or a resolution, decision or ruling which makes such an event likely.

11.2 Your right to cancel an order: You may terminate the contract and cancel your order at any time by notifying us in writing. However, you are responsible for any costs we have incurred which we can’t reasonably recover, together with an administration charge of 10% of the order value.

11.3 Outstanding sums: On termination of the contract for any reason you must immediately pay all outstanding unpaid invoices (and any accrued interest).

11.4 Consequences of termination: Termination shall not affect any rights and remedies that have accrued as at termination.

11.5 Continuing effect: Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

12 Liability

12.1 What we’re liable for: If we are negligent or breach our contract with you, we will be responsible for any loss or damage you suffer that is a direct and foreseeable result (i.e. an obvious consequence) of our breach of contract or our negligence. However, our maximum liability will not exceed the amount you have paid to us under the contract or if the loss or damage relates to a particular product the relevant product.

12.2 We are also liable for any losses the law doesn’t allow us to exclude (including fraud, and personal injury or death caused by negligence).

12.3 What we’re not liable for:

12.4 Except as set out above, we are not responsible for any other loss or damage you suffer. This includes loss or damage which is not directly caused by our breach of contract or negligence, and/or which is not foreseeable at the time of contracting.

12.5 We also are not liable for plants once they have been delivered and accepted; nor for the replacement of any plants that fail to grow due to unsuitable soil conditions, inappropriate choice of plant for site conditions, inappropriate planting or maintenance (unless you demonstrate this is a direct result of your following our written instructions).

Acts outside our control: We shall have no liability to you under the contract if we are prevented from, or delayed in performing, our obligations under the contract or from carrying on our business by acts, events, omissions or incidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of utility service or transport network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of IT systems, plant or machinery, fire, flood, storm, or default of our suppliers or subcontractors.

12.6 Your obligations: We will have no liability for delays or failures which result from your failure to fulfil your obligations under these terms or from you failing to provide necessary access, information or cooperation.

13 Intellectual Property

As between the Purchaser/Client and WWM, all intellectual property rights and all other rights in the products and services shall be owned by WWM. You are entitled to use any reports or other documents only for the purpose they were provided for.

14 Data protection is governed by the Data Protection Act 1998

14.1 Our privacy policy: We take great care to protect your personal information (such as that we collect when you contact us or place an order). Examples of personal information we collect include your name, addresses, email and telephone number. Further information on how we use personal information can be found in our Privacy Policy http://www.wessexwoodlan.com/privacypolicy/

14.2 What we use personal data for We’ll only use your information with your consent, or to the extent necessary to perform a contract with you, fulfil our legal duties, or for other legitimate purposes. For example, when you place an order, we will use your information to process payment, dispatch goods and keep a record of the sale.

14.3 Your rights: We want to ensure that you remain in control of your personal data. The law provides you with various rights to help you do this, including the right of access. Further details on how to exercise these rights can be found in our Privacy and Cookies Policy on our website http://www.wessexwoodlan.com/privacypolicy/

14.4 Data controller: We are registered as a data controller with the Information Commissioners Office under number ……………

14.5 International transfers: Your personal information may be transferred outside the European Union, though if this occurs, we will ensure it is adequately protected at all times and that your privacy is respected.

15 General

15.1 Notices: Communications and notices regarding your order and our contract with you will be in writing (which includes email).

15.2 Contract terms: All contracts between you and us are subject to these terms. No other contract, representation or promise of any kind shall form part of, alter or supersede of these terms. No variation of these terms shall be effective unless it is in writing and signed by one of our company’s directors.

15.3 No waiver: If either you or we delay or fail to exercise any right or remedy, or only do so in part, that shall not stop us exercising that right or remedy at a later date.

15.4 Third parties: The contract is between you and us and no one else has any rights under it. The Contracts (Rights of Third Parties) Act 1998 shall not apply to this contract.

15.5 Assignment: You may only transfer your rights or your obligations under the contract with our prior written agreement. We may transfer our rights and obligations under these terms to another person if we choose to do so.

16 Law and jurisdiction:

16.1 The contract between you and us is governed by English law, and any legal proceedings relating to it must be brought in the English courts.