Sherborne Turf Terms and Conditions

Definitions

In this clause the following expressions have the following meanings:-

1.1

“the Company” means Sherborne Turf Limited of Queen Thorne Crossroads, Marston Road, Sherborne, Dorset DT9 4GH (Co. Number 03307389)

1.2

“the Customer” means any person contracting with the Company for the supply of goods

1.3

“supply of goods” means the supply of turf or other associated products and reference to “goods” or “turf” shall be construed accordingly

1.4

“force majeure” means Act of God, explosion, flood, tempest, fire, accident, war or threat of war, sabotage, civil disturbance, acts restrictions bye-laws prohibitions of any kind on the part of any government parliamentary or local government; strikes lockouts and other industrial actions or trade disputes whether involving employees of the Company or a third party

1.5

“express acceptance” means any communication whether oral, email, text, or in writing between the parties

2 Contract

2.1

These Terms and Conditions apply to all Goods supplied by the Company

2.2

No contract exists between the Customer and the Company for the sale of any goods without express acceptance of the order by the Company

2.3

The Company may change these terms and conditions without notice to you in relation to future sales

3

Price

3.1

The price quoted by the Company is the price for collection of the goods from the Company’s premises

3.2

Where applicable the Company reserves the right to charge for delivery and for pallets used in transporting the goods

4

Supply

4.1

Goods are subject to availability and may be withdrawn at any time, including after you have placed your order

4.2

Turf is a growing product and susceptible to adverse weather conditions. As a result the Company reserves the right to delay or defer the supply of goods in the event of adverse weather conditions. In such circumstances the Company will advise you of a revised estimated delivery date

4.3

It is the Customer’s responsibility to ensure adequate and appropriate preparation of the site on which any turf is to be laid, and that turf once delivered, is properly cared for in accordance with the Company’s recommendations. Establishment and development of harvested turf will
be dependent on factors outside the control of the Company (including but not limited to: site preparation; appropriate after-care; pre-existing site conditions; wind-blown or animal-carried seed), and the Company will not be liable where deterioration of turf is outside its control

4.4

Site visits made at the request of the Customer will be at the Company’s absolute discretion, and the Company reserves the right to charge a fee for this service

4.5

Whilst the Company will on request provide guidance for the laying and care of turf the Company makes no representation as to the accuracy or otherwise of such guidance

4.6

Due to the perishable nature of turf the Customer must advise the Company of any defective goods or discrepancy in the order within 12 hours of receipt. Notification of such defect or discrepancy must be made to the Company’s office Sherborne Turf Limited
of Queen Thorne Crossroads, Marston Road, Sherborne, Dorset DT9 4GH (telephone 01935 850388)

4.7

Where the Company supplies a quantity of Goods less than it is contracted to sell, the Customer may reject the Goods. However, where the Customer accepts these Goods, they must be paid for by the Customer at the agreed rate

5

Delivery Arrangements

5.1

Where requested, the Company will deliver the goods to an address notified by the Customer. A charge may be made for delivery in accordance with the Company’s current price list

5.2

Delivery is to the kerb-side only. Where the Customer requests goods to be off-loaded and/or manoeuvred onto the Customer’s property, the Company will use reasonable endeavours to comply with the Customer’s request but reserves the right to refuse to do so, at the Company’s absolute discretion

5.3

Any damage to the Customer’s property arising as a result of delivery of goods on site will be responsibility of the Customer, and the Customer will indemnify the Company in respect of all liability in respect thereof

5.4

Delivery is made subject to suitable access

5.5

The Company reserves the right to charge for abortive delivery costs, storage and associated charges arising out of unsuitable access, the Customer being unavailable for or refusing to take delivery of the goods

6

Pallets

6.1

Where delivery of goods is made on pallets, a charge may be made for the supply of pallets in accordance with the Company’s current price list

6.2

The charge for the supply of pallets is refundable where the pallets are returned to the Company’s premises within 6 months of the date of the invoice, the return is notified to the Company’s office staff at Queen Thorne Crossroads, Marston Road, Sherborne, Dorset DT9 4GH and the pallets are returned in a condition, which in the Company’s opinion will allow the re-sale of such pallets

6.3

It is the Customer’s responsibility to organise the return of the pallets to the Company

7

Force Majeure

7.1

The Company shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company’s reasonable control, and without limiting the foregoing, any event of force majeure shall be regarded as a matter beyond the Company’s reasonable control

7.2

Where the Company is unable to fulfil its obligations under the contract in the circumstances set out in clause 7.1 above the Company may suspend or cancel the whole or part of the contract by notice in writing to the Customer

7.3

If the Company exercises its right to suspend or cancel the contract, the customer may within 5 days cancel any remaining part of the contract by notice in writing to the Company

8

Cancellation of Order by Customer

8.1

Subject to clause 4.6 above, turf is not supplied on approval, and is non-returnable except with the express written consent of the Company

8.2

The Company reserves the right to charge a handling fee or orders cancelled by the Customer 24 hours prior to delivery

9

Payment

9.1

The Company’s terms of payment are (a) at the time of the order with a credit/debit card or (b) at the time of collection /delivery with cash, cheque or credit/ debit card

9.2

The Company reserves the right to charge interest on monies overdue for payment on a daily basis at an annual rate of 5% above the Bank of England base rate up to the date of any judgment

10

Notices A notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the Company at Queen Thorne Crossroads, Marston Road, Sherborne, Dorset DT9 4GH and to the Customer at the Customer’s principal place of business or such other address as may at the relevant time have been notified to the Company

11

Title and Risk

11.1

Risk of damage to or loss of the goods passes to the Customer at the time of delivery to the Customer (or the agreed delivery address), or, if the Customer fails to take delivery at the agreed time, when the Company tried to deliver

11.2

The Customer will own the goods once they have been successfully delivered and when the Company has received cleared payment in full

12

Specification

12.1

The composition of any turf as to seed content and ratio shall be at the Company’s absolute discretion

12.2

Turf cannot be guaranteed free from Poa Annua (Annual Meadow Grass)

13

The customer shall not at any time alter the Company’s name or any of its trademarks or juxtapose with them any other mark likely to cause confusion

14

Applicable Law These Terms and Conditions are and the supply of goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract