In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal;
1.6 “Supplier” means Blackstroud Installation Services Ltd;
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.5. COLOUR AND SPECIFICATIONS
Every reasonable care has been taken to ensure that the descriptions are accurate, however specifications are subject to change. Up to date data sheets can be requested from our customer service team at our main office. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation to the physical product. We supply free product samples so you are encouraged to make use of this service so you can make an informed decision on the quality of lawn you wish to purchase. However, please also note that our physical products also vary in colour subtly from batch to batch so the sample you receive may not be exactly as per the item you receive.
3. THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 The Customer is responsible for ensuring that the quantity ordered is sufficient.
4.1 Payment of the price shall be in the manner specified in the Proposal or as standard 50% upfront prior to the job and 50% payment upon completion of the project.
4.2 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.
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 An order confirmation is confirmation that we have received your order. An order confirmation does not verify that the order has been dispatched. The sales team will advise you of the delivery day after your order has been received.
5.3 Somebody must be home or at the site to sign for the delivery. If not, the re-delivery may be surcharged.
5.4 Some restrictions may apply and couriers terms and conditions apply.
5.5 All risk in the Goods shall pass to the Customer upon delivery.
5.6 Order before 12 noon for next working day delivery. Monday – Friday
5.7 Deliveries to Ireland and Northern Ireland will be subject to a delivery surcharge. Please call for details.
5.8 Deliveries to the Highlands and Scotland may take up to 3-5 working days and could be subject to additional delivery charges.
5.9 Due to the weight and bulky nature of our goods, we always advise that someone fit and able is available to assist the driver with unloading upon delivery.
5.10 A delivery charge is due on all items.
6.1 No failure by the Seller to enforce strict compliance by the Buyer with such provisions shall constitute a waiver thereof and no termination of the Contract shall prejudice limit or extinguish the Seller’s rights under this paragraph.
6.2 Upon delivery of the Goods the Buyer shall hold the Goods solely as bailee for the Seller and the Goods shall remain the property of the Seller until such time as the Buyer shall have paid to the Seller and the Seller shall have cleared funds for the full purchase price thereof. Until such time the Seller shall be entitled to recover the Goods or any part thereof and for the purpose of exercising such rights the Buyer hereby grants a licence to the Seller its employees and agents with appropriate transport to enter upon the Buyer’s premises and any other location where the Goods are situated and remove the Goods.
6.3 The Buyer is hereby granted a licence by the Seller to incorporate the Goods in any other products.
6.4 The licence granted under sub-clause 6.1 hereof shall extend to detaching the Goods from any property to which they are attached or into which they have been incorporated or from any other products or Goods to which they have been attached pursuant to the licence granted under sub-clause 6.2 hereof.
6.5 The Buyer is hereby licensed to agree to sell on the Goods and any products incorporating any of them on condition that the Buyer shall inform its customer of the provisions of sub-clauses 6.1-6.3 hereof. The Buyer acts as the Seller’s bailee in respect of any such sale and shall, immediately upon receipt of the proceeds of sale, and whether or not payment has become due under clause 4 hereof, remit to the Seller the full purchase price of the Goods sold on less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee and agent for the Seller.
6.6 The Buyer shall maintain all appropriate insurance in respect of the Goods from the date or dates on which the risk therein passes to him. In the event of any loss or damage occurring while the Goods remain the property of the Seller the Buyer shall immediately on receipt of the insurance monies, remit to the Seller the full purchase price of the Goods lost or damaged less any part thereof which has already been paid and until such mount has been so remitted shall hold such amount as trustee and agent for the Seller.
7. CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7.5 The Supplier has allowed to protect our works until handover or until other trades are allowed access to the work areas. The Supplier has now allowed for any other protection.
7.6 Where protection from accidental damage is required, the Customer must specifically request this prior to the commencement of works and it may incur additional cost. The Supplier will not be held liable for accidental damage to anything not specifically notified in writing prior to the commencement of any works.
7.7 The Customer is required to complete a sign-off sheet upon completion of the works.
7.8 Any disputes regarding the works must be stated on the sign-off sheet.
7.9 Should a further inspection be required by the Supplier after the Customer has deemed the works satisfactory and signed off, an additional charge may be incurred to return to the site.
8. SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 Where the Supplier’s works give rise to a discovery of an impediment (such as tree roots, buried concrete etc) the Supplier shall endeavour to inform the Customer in a timely manner but any discovery can be taken as an interruption event and may incur additional charges.
9. CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 14 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 Made or cut to order items can only be returned if found to be faulty.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
10.4 Unless separately instructed and paid for, Blackstroud Installation Services Ltd will not check the work areas and their immediate surrounds for services that may be hidden from view such as electric, gas, water supplies or drainage. The client is responsible for identifying all such services and neither Blackstroud Installation Services Ltd, it’s employees, subcontractors or agents will be held liable for any loss or damage arising from any works relating to such services.
10.5 The Supplier will check the lawn area prior to our commencing and will advise of any reasonably apparent defects. The Supplier cannot confirm structural suitability of the substrate or guarantee a completely free draining lawn.
11. 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.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13.1 If there is a discrepancy with an order which is caused by an issue out of our control which effects the coding of the website and results in an incorrect quantity or final total price, then we will refund the order.
13.2 Although we try to ensure all our Product’s prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.
14. JOINTS AND SEAMS
The Supplier takes pride in making all seams and joints as invisible as possible and in most cases these cannot be seen. However, seams are occasionally visible due to the manufacturing structure of the product, ambient temperature, weather conditions, maintenance or ground conditions. If visible seams or joints do exist, these will fade under use and after a few days of high temperature days. Artificial Grass is a plastic product, heat and movement in the pile allows the malleable fibres to interlink which improves the visibility of joins. As with indoor carpet, if you know where a join is and look closely you may be able to see it and as such our warranty does not cover seam visibility.
Due to the nature of Artificial Grass creases or similar marks may appear when loaded to the roller following due to storage. Creases will fall out within three months of the grass being installed. The creases will de-crease quite noticeably on a daily basis and with use and certainly after a bit of sunshine. Should creases still exist after three months we ask that you bring this to our attention and we will attend to see if we can improve them through re-installation. Should there be a fault with the grass, we can process a warranty claim.
While Artificial Grass is very low maintenance compared to organic lawns it important to follow these care guidelines:
16.1 Grass should be brushed regularly with a stiff brush Grass must be kept free of debris and leaves which can be removed using a leaf blower or rake.
16.2 Any stray weeds should be removed immediately to prevent seed dispersal. Any foul on the lawn that cannot be removed with water should be removed with a pressure washer and/or our safe Artificial Grass Cleaner or Sanitiser. Remove pet dirt immediately and rinse with water. Avoid contact with hot materials such as barbeques, cigarettes, firepits or chemineas.
17. PRODUCT GUARANTEE
All of our grasses come with an 10 year manufacturer guarantee which is subject to fair wear and tear the customer adhering to Maintenance Guidelines above. In addition to that, following exclusions apply:
17.1 If an area is under heavy use (such as a dog running up and down the same area, goal mouth, track to a shed etc) the grass may flatten over a period of time. This is not covered under warrantee but can be resolved by brushing with a stiff brush to make the pile stand up again.
17.2 Any accidental or deliberate damage not caused by Blackstroud Installation Services Ltd is not covered under the warranty, however should you have a problem such as this we will work with you to fix it however this will be chargeable.
17.3 The Supplier does not recommend that customers install rotary washing lines in our Artificial Grass. The load on the line can cause movement in the ground works which can, over time, make the washing line unstable and cause movement in the grass.
17.4 Damage, subsidence or upheaval to the artificial grass, groundworks or weed membrane due to root growth from any sort of tree, shrub or other plant is the responsibility of the customer. In all cases we will be on hand to require the damage however this would be chargeable.
17.5 We cannot be held responsible for subsidence or slippage to the grass or sub base due to ground movement below the sub base. The sub base is a permeable area and while The Supplier provides a firm and flat base at the time of installation, we cannot be held responsible for ground movement over time.
17.6 Damage caused by animals.
17.7 Heat damage cause by reflections from glass, mirrors or any other reflective materials,
use of improper shoes, sports equipment, machinery, cleaning agents, chemicals, herbicides, pesticides or garden furniture.
17.8 The final decision to replace any grass rests with the manufacturer.
18. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.