TERMS AND CONDITIONS OF BUSINESS
1. In these Conditions the following terms shall have the following meanings:-
1.1 "Company" shall mean Kingston Landscape Group Ltd.
1.2 "Customer" means the customer of Kingston Landscape Group Ltd.
1.3 "Contract" means any contract for the sale of Goods and Services by the Company to the Customer.
1.4 "Goods" means any goods forming the subject of any contract and where appropriate the parts and components of all materials incorporated therein.
1.5 "Services" means any services included in any contract.
2.1 Quotations by the Company unless otherwise stated in them shall be open for acceptance within 30 days of the date of the Quotation. All prices are subject to Value Added Tax.
2.2 All quotations for ground works are on the basis that there are no underground obstructions. Where such impediments occur, the Company reserves the right to increase the quotation price to cover the cost for any delay and/or additional costs thereby incurred. Notice of such increase will
be brought to the attention of the Customer.
EXISTENCE OF CONTRACT
3.1 No Contract shall come into existence until the Customer's order (however given) is accepted by the earliest of
3.1.1 The Company's written acceptance or,
3.1.2 Delivery of the Goods and/or performance of the Services, or
3.1.3 The Company's invoice.
3.2 These Conditions shall be incorporated in the Contract to the exclusion of any other terms or conditions.
4.1 All invoices are payable without discount of any kind in pounds sterling within 14 days of the date stated on the Company's invoice and in no circumstances shall the Customer be entitled to make any deduction or withhold payment for any reason at all.
4.2 Without prejudice to any other rights of the Company if the Customer fails to pay the invoice by the due date the Customer shall pay interest on any overdue amount from the date at which payment was due to that on which it is made (whether before or after Judgment) on a daily basis at a rate of 8% per annum over the Bank of England base rate and reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount. The Customer acknowledges that the rate of interest represents fair compensation for loss suffered by the Company.
5.1 For the purpose of Section 12 of the Sale of Goods Act 1979 (as amended from time to time) the Company shall transfer only such title or rights in respect of the Goods as the Company has and if the Goods are purchased from a third party shall transfer only such title or rights as that party had and has transferred to the Company.
5.2 Notwithstanding the earlier passing of risk title in the Goods shall remain with the Company and shall not pass to the Customer until the amount due under the invoice for them (including interest and costs) has been paid in full.
5.3 Until title passes the Customer shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company.
5.4 The Company may at any time before title passes and without liability to the Customer:
5.4.1 repossess or dismantle and use or sell all or any of the Goods and by doing so terminate the Customer's right to use sell or otherwise deal in the them and,
5.4.2 for that purpose of determining what if any Goods are held by the Customer and inspecting them, enter any premises of or occupied by the Customer.
5.5 The Company may maintain an action for the price of any Goods not with standing that title has not passed to the Customer.
RISK, DELIVERY AND PERFORMANCE
6.1 Risk in the Goods passes when they are delivered to the Customer and/or delivered in accordance with the requirements of the Customer.
6.2 The Company may at its discretion deliver the Goods by instalments in any sequence.
6.3 Where the Goods are delivered by instalments, no default or failure by the Company in respect of any one or more instalments shall vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
6.4 Any dates quoted by the Company for the delivery of the Goods and/or performance of the Services are approximate only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of the Company no regard has been paid to any quoted delivery and/or performance dates.
6.5 The Company may at its discretion perform the services by instalments in any sequence.
6.5.1 The Company may on giving written notice to the Customer store or arrange for the storage of the Goods and on service of such notice:-
(a) risk in the Goods shall pass to the Customer.
(b) delivery of the Goods shall be deemed to have taken place and if appropriate performance of the Services undertaken, and
(c) the Customer shall pay to the Company all costs and expenses including storage and insurance charges arising from its failures.
6.6 Where the Services are performed by instalments, no default or failure by the Company in respect of any one or more instalments shall vitiate the Contract in respect of Services previously performed or Services remaining unperformed.
6.7 If the Customer fails:
6.7.1 to take delivery of the Goods or any part of them and/or to allow performance of Services or any part of them on the due date, and
6.7.2 to provide any instructions or documents to enable the Goods to be delivered and/or the Services performed on the due date the Company shall not be liable for any penalty loss injury damage or expense arising from any delay or failure in delivery in performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance or repudiate the Contract.
OBLIGATIONS OF THE CUSTOMER
7.1 The Customer will allow entry to authorised personnel of the Company
at all reasonable times to enable the Company to deliver the Goods and perform the Services.
7.2 Where appropriate, the Company reserves the right to request Further and Better Particulars of the Services to be performed. Unless or until the Company has received such Further and Better Particulars, the Company shall be under no obligation to deliver the Goods and/or perform the Services or any part thereof.
7.3 The Customer will make every reasonable effort to co-operate with the Company to enable the Company to deliver the Goods and perform the Services.
7.4 The Customer acknowledges that some of the work sites of the Customer where the Company will perform the Services may be potentially dangerous. The Customer will take every reasonable precaution to make sure that the work sites of the Customer are rendered as safe as possible in all the circumstances and will not permit any interruption thereof by any third party until the Services are completed at the site.
7.5 The Customer will provide (at the Customer's expense) water, electricity and such other services and resources reasonably requested by the Company to enable it to perform the Services.
7.6 If requested to do so by the Company, the Customer will make stage payments in accordance with requirements specified by the Company at the time of its quotation.
7.7 The Customer warrants that it has good title to the premises where the Services are to be performed by the Company and the Customer will riot permit any interference by any third party thereto.
7.8 The Customer will give prior warning of the existence and location of buried objects/structures in writing before the Services are performed.
SCOPE OF CONTRACT
8 Under no circumstances shall the Customer have any liability of whatever kind for:
8.1 Any defects resulting from wear and tear accident and improper use by the Customer or use by the Customer except in accordance with instructions or advice of the Company or the manufacturer of any Goods or neglect or from any instructions or material provided by the Customer.
8.2 Any Goods which have been adjusted modified or repaired except by
8.3 The suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company.
8.4 Any substitution by the Company of any materials or components not forming part of any specification of the Goods agreed in writing by the Company.
8.5 Any variations in the quantities or dimensions of any Goods or changes of their specifications or substitution of any materials or components if the variation or substitution does not affect the characteristics of the Goods and the substituted materials or components are of a quality equal or superior to those originally specified.
8.6 Any variations in the performance and/or execution of the Services provided that the performance and/or execution thereof does not materially affect the nature of the Services received by the Customer.
EXTENT OF LIABILITY
9.1 The Company shall have no liability to the Customer (in so far as the Company is entitled to exclude such liability at law) for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence breach of statutory duty or other duty on the part of the Company or any way out of or in connection with the performance or purported performance or failure to perform the Contract except:-
9.1.1 for death or injury resulting from the Company's negligence,
9.1.2 as expressly stated in these Conditions.
9.2 If the Customer establishes that any Goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description, the Company shall at its option replace with similar Goods any Goods which are missing lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair any damaged Goods, as the Company shall decide.
9.3 The delivery of any repaired or replacement Goods shall be at the Company's premises or other delivery point specified for the original Goods.
9.4 If the Customer establishes that any Services have riot been properly performed, then the Company shall at its option replace with similar Services any Services which have not been properly performed and/or allow the Customer credit for their invoice value, as the Company shall decide.
9.5 Where the Company is liable in accordance with this condition in respect of only some or part of the Goods and/or the Services the Contract shall remain in force and in effect in respect of the other or other parts of the Goods and/or Services and no set off or other claims shall be made by the Customer against or in respect of such other or other parts of the Goods and/or Services.
9.6 No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustments alterations or other work had been done to the Goods and/or the Services by any person except the Company.
9.7 Where the Goods are lost or damaged in transit and the price does not include carriage, the customer will not make any claim against the carrier. Replacement for such lost or damaged Goods will, if available, be supplied by the Company at the prices current at the date of despatch.
9.8 The Company shall not be liable for damage or disruption caused to buried objects/structures unless the Customer gives prior written warning
of their existence and location before the Services are performed.
9.9 All or any complaints relating to the Goods and/or the Services must be notified in writing to the Company within 14 days of delivery of the Goods and/or performance of the Services.
9.10 In no circumstances shall the liability of the Company to the Customer under this condition exceed the invoice value of the Goods and/or Services
or any claim for consequential loss.
I0. I The Company may at its discretion suspend or terminate the supply of any Goods and/or the performance of the Services if the Customer fails to make any payment when due or otherwise defaults in any of its obligations under the Contract with the Company or becomes insolvent, has an Administrative Receiver appointed of its business or is compulsorily or voluntarily wound up or in the case of an individual is made bankrupt or enters into an arrangement with his/her creditors or the Company bona fide believes that if any of these events may occur, and in case of termination may forfeit any deposit paid.
10.2 Except for any which is expressly agreed to be included in the Goods and/or Services, all tools patterns materials drawings specification and other data provided by the Company shall remain its property and all technical information patentable or unpatentable, copyright and registered designs arising from the execution of any order shall become the property of the Company and belongs to the Company.
10.3 If any Condition in these Terms and Conditions is found to be void or unenforcable then the existence of that Condition will not in any way invalidate the remainder of the Terms and Conditions contained herein.
10.4 The headings to the Conditions are inserted for convenience only and shall not effect the construction of these terms and conditions.
11.1 Orders for the Goods and/or Services which have been made and/or are to be performed especially for the Customer will be charged in full unless written notice of cancellation is received not later than fourteen days before the expected delivery/performance date quoted in the Company's order acknowledgement. Orders for stock items may be cancelled by written notice at any time before the Goods are allocated to the Contract but if a cancellation notice is received after the Goods have been allocated to the Contract then an administrative charge will be payable by the Customer to the Company. The cancellation costs in this respect shall include the total cost of purchase, transport, storage, disposal and any time spent by the Company in relation thereto.
11.2 The cancellation costs under this condition shall include the total cost of purchase and all or any associated transport storage, disposal and other costs incurred by the Company in relation thereto.
12.1 The Company shall not be liable for any failure in the performance of any of its obligations under these terms and conditions caused by factors outside its control.
LAW AND JURISDICTION
12.1 These Terms and Conditions shall be governed by English Law and the Customer consents to the exclusive jurisdiction of the English Courts in all matters regarding it except to the extent that the Company invokes the jurisdiction of the Courts of any other Country.
13.1 Any notice given under these Terms and Conditions shall be in writing and may be served:
13.1.2 by registered or recorded delivery mail
13.1.3 by facsimile or email, confirmed by post.
13.2 Each parties address for the service of the notice shall be his place of business or such other notice as specified by notice to the other.
13.3 A notice shall be deemed to have been served:
13.3.1 if it is served in person, at the time of service
13.3.2 if it is served by post, 48 hours after it is posted, and
13.3.3 if it is served by facsimile or email, the time it is sent.
Kingston Gardens have been a pleasure to work with right the way through the process of creating our new playground spaces at Highgate Primary School. Every member of the team was extremely helpful, professional and full of ideas, coming up with creative solutions when they were needed.
Kingston took great care and pride in the quality of the work. Everyone in the school community is delighted with the playground which was delivered to plan, on time and on budget.
Highgate Primary School
Just wanted to let you know that we absolutely love the work that Kingston Landscape Group has done to our front garden. Could you please pass on a massive thank you to your team from us!!
Many thanks for all your help. From our meeting on Wednesday morning to completion on Friday evening, the service was second to none. All your lads were professional and very hardworking.
Nothing was a problem and even after a busy morning moving all the plants on Friday and all of the mess that was caused by that, the whole area was blown off and tidied up by close of play.
Harringtons Builders plc
In the 5 years that I have known Kingston Landscape Group, they have always provided us with a professional and friendly service.
Their quality of workmanship has consistently proved to be of a high standard.
They are easy to work with on contracts; as well as providing budget quotations, technical support and advice on future projects when requested.
A quick note to say how pleased I am with the work done by you and your team at Brook Memorial Hall.
The front garden has been transformed beyond my expectations by the turfing, the beautifully designed rose bed, and the carefully trimmed and well shaped trees.
Thanks once again.
We are really pleased with the new lawn, it makes such a difference to our garden - thank you so much.
Thank you also for the aftercare information, that’s really useful.
Thank you again, I will definitely be recommending you to friends and family.
We discovered KLG through London Borough of Lewisham’s approved list of landscape contractors. Kingston responded to our initial queries without delay, made a site visit to inspect the area of proposed works, delivered an insightful and competitive tender and, since being awarded our contract, have been extremely helpful, professional and efficient.
You have been a pleasure to work with and we look forward to building more gardens together.
We have used KLG for the last 10 years for the majority of our landscaping requirements for our many and varied projects, primarily in schools. KLG have a professional body of employed staff who understand the requirements and H/S issues working in schools. They have a wide knowledge in all areas of landscaping and tree work, KLG are well positioned in south west London to cover our projects from their well sourced nurseries and yard using their own lorries and marked vans.
I would like to thank and compliment Kingston Landscape Group for your efforts in the supply and installation of the landscaping works at Riverside Gardens, Nine Elms.
We are continuing to receive huge praise for the transformation of this public open space and I feel it only right that this is fed back to those involved.
Wandsworth Borough Council
A quick note to say how pleased I am with the work done by you and your team at Brook Memorial Hall.
The front garden has been transformed beyond my expectations by the turfing and the carefully designed rose bed, with the carefully trimmed and well shaped trees.
Thanks once again.
We have had your firm put artificial grass in our garden. I have seen lots of artificial turf gardens and this is by far the best finish we have seen.
Just wanted to say what a great job your friendly team has done - great customer service.
I will be recommending your firm to others.
Kingston Landscape Group have always delivered good quality work, on time and on budget.
They understand the absolute nature of the deadlines they are given and will work in all weathers and into the night, if need be, to ensure these deadlines are met.
St George West London