Terms and Conditions
Please read through our Terms and Conditions before making a purchase. We reserve the right at any time and without prior notice to make changes and corrections to the contents and Terms and Conditions on the site.
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 Quickgrass Limited Unit 12B Harris Business Park, Hanbury Road, Stoke Prior, Bromsgrove, Worcs B60 4DJ
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 Every reasonable care has been taken to ensure that the descriptions are accurate, however specifications may change. The limitations of colour reproduction and the individual colour settings of your screen may cause colour variation.
2.6 Sizes / Cut Lengths. We reserve the right to over supply each cut length but up to 1m. However will follow the guidance of BS 3655 (roll materials tolerance of +/- 0.25%) with regard to shortage claims.
Due to the molecular structure of the material artificial grass does crease when rolled. Creases will fall out within three months of the installation or supply. The grass is not classed as faulty if delivered or installed with creases. The grass will de-crease quite noticeably on a daily basis, especially in warmer weather conditions.
Seams are occasionally visible due to the molecular structure of the material. This is unfortunately inevitable and can be influenced by a number of factors. The manufacturers warranty does not cover seam visibility.
2.9 Product Guarantee
All grasses we supply have a manufacturers guarantee. The grass is designed to match the effects of real grass. Continued usage in a particular area will cause it to crush. In these instances we recommend regular brushing.
3.0 Product Colours
Rolls from stock could have slight colour differences.
Samples from stock could have slight colour differences.
We send out ordered grass from the same batch to ensure there are no colour differentials. Please be aware if you would like to add more grass to a particular area at a later date there may be a slight colouration difference. We suggest you make the decision now and order all the grass from the same batch. Quickgrass cannot be liable for any differences in colour for the same product if ordered separately.
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.
4 PRICE AND PAYMENT
4.1 Payment of the price shall be in the manner specified in the Proposal.
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 3.00% per month on the outstanding amounts.
5.1 The date of delivery / lead time 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 All risk in the Goods shall pass to the Customer upon delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
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.
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.
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 In line with distance trading regulations cut to length order items can only be returned if found to be faulty.
9.3 Flooring products can not be returned if they have been cut, glued or installed in any way.
9A MANUFACTURER’S PRODUCT WARRANTY
Quickgrass supplies synthetic grass of the newest generation and our manufacturer uses raw materials which are independently warranted by the respective supplier.
Our manufacturer warrants to the ‘purchaser’, subject to conditions set forth below that the Quickgrass product(s) supplied are guaranteed against defects in UV-stability.
For the period specified below from the date of purchase , meaning that the loss of tensile strength will be less than 50% of the original strength.
Category 1 –
Category 2 – Fairway
Category 3 – Cambridge, Woburn, Pets Ultra, Worcester, Stratford, Ludlow.
If the warranty is accepted by our manufacturer in writing, the buyer will be entitled, in accordance with the warranty overview, allowances for the notified and accepted damage.
1 year after completion of installation : max 100%
2 years after completion of installation : max 75%
3 years after completion of installation : max 50%
4 years after completion of installation : max 25%
5 years after completion of installation : max 15%
Any other responsibility, such as but not limited to labour costs for installation and removal, commercial loss, is fully and explicitly excluded.
This guarantee shall not cover normal wear and tear, defects, failure or damage in or to the synthetic grass, which is:
1. Burns, cuts, accidents, vandalism, abuse, negligence or neglect;
2. Japanese Knot Weed, Bamboo, Mare’s Tail, Tree Root Growth or any other horticultural external
3. Wild animal damage including Badgers, Moles, Foxes and any other none domestic pet;
4. Damage from Dogs, Cats, Rabbits or any other domestic pet;
5. Reflection from Mirrors and/or glass onto the product;
6. Subsidence caused by ground movement and/or tree roots;
7. Improper design or failure of the sub-base of the sports field or court;
8. Drainage defects or deficiencies on the sub-base and/or its surrounding area;
9. Wear or abrasion caused by an inadequate sub-base;
10. Any harmful chemical reaction to the Product caused by infill materials;
11. Use of improper footwear including metal cleats or spikes or sports equipment;
12. The playing surface being used for the purpose other than that for which it was designed and installed;
13. Application of improper cleaning methods;
14. Use of cleaning chemicals, herbicides or pesticides;
15. Forces majeure or other conditions beyond the reasonable control of Quickgrass.
16. Post fibrillation after or during installation for purposes other than to get the infill materials in place; or
17. Failure to properly maintain, protect or repair the Products in accordance to the manufacturers maintenance guide.
18. Negligence in failing to install the surface in accordance with the manufacturers installation guide including the use of proper infill ( if applicable ) and secondary products ( glue, tape…).
19. Improper use ie placed on a parking lot;
20. Exposed to light other than natural light.
21. Accidents, floods, extreme weather conditions or other acts of God.
Warranties are only valid for artificial grass directly purchased from Quickgrass and paid in full.
The manufacturers warranty claim procedure:
1. All claims under this warranty shall be deemed waived unless made in writing within 30 days of learning of the cause.
2. Only claims accompanied by all necessary substantiating documents such as invoice number, copy receipt, quantity and name of the goods detailed and description will be handled.
The Warranty shall be governed by and interpreted in accordance with the laws of Belgium.
Any dispute or claim arising out of or in connection with this warranty that appears to be unsolvable by parties shall be settled by the Commercial Courts in Gent.
This guarantee forms part of your overall contract with us, including the terms and conditions which you accepted when you placed your order. If you are a consumer, this guarantee is in addition to, and does not affect, your legal rights in relation to any goods that are faulty or not as described. We are under a legal duty to supply goods that are in conformity with this contract.
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.
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 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
Business Customers Terms & Conditions
In this document the following words shall have the following meanings:
1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document;
1.2 “Customer” means the organisation or person who purchases goods and services from the Supplier;
1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 “Specification Document” means a statement of work, quotation or other similar document describing the goods and services to be provided by the Supplier
1.5 “Supplier” means Quickgrass Limited, Unit12B Harris Business Park, Hanbury Road, Stoke Prior, Bromsgrove Worcs B60 4DJ.
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.
2.2 Before the commencement of the services the Supplier shall submit to the Customer a Specification Document which shall specify the goods and services to be supplied and the price payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
2.4 Every reasonable care has been taken to ensure that the descriptions are accurate, however specifications may change. The limitations of colour reproduction and the individual colour settings of your screen may cause colour variation.
2.5 Sizes / Cut Lengths. We reserve the right to over supply each cut length but up to 1m. However will follow the guidance of BS 3655 (roll materials tolerance of +/- 0.25%) with regard to shortage claims.
3 PRICE AND PAYMENT
3.1 Invoiced amounts shall be due and payable as per agreed terms. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 3.00% per annum above the base rate of the Bank of England. In the event that the Customer’s procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the goods and services are supplied.
4 SPECIFICATION OF THE GOODS
All goods shall be required only to conform to the specification in the Specification Document. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract.
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 All risk in the goods shall pass to the Customer upon delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER`S OBLIGATIONS
7.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
7.1.1 co-operate with the Supplier;
7.1.2 provide the Supplier with any information reasonably required by the Supplier;
7.1.3 obtain all necessary permissions and consents which may be required before the commencement of the services; and
7.1.4 comply with such other requirements as may be set out in the Specification Document or otherwise agreed between the parties.
7.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 7.1.
7.3 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the goods and services agreed to in the Specification Document, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than ten working days’ written notice the full amount of the goods and services contracted for as set out in the Specification Document, and the Customer agrees this is a genuine pre-estimate of the Supplier’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 7.1 shall be deemed to be a cancellation of the goods and services and subject to the payment of the damages set out in this Clause.
7.4 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and: 7.4.1 the Supplier shall have no liability in respect of any delay to the completion of any project;
7.4.2 if applicable, the timetable for the project will be modified accordingly;
7.4.3 the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs.
8 ALTERATIONS TO THE SPECIFICATION
8.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of goods and/or services to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8.2 The Customer may at any time request alterations to the Specification Document by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.
8.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.
8.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Specification Document shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.
9.1 The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
9.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods and services to be provided by the Supplier.
The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any goods and/or services provided by the Supplier in accordance with the Specification Document infringes a patent, copyright or trade secret or other similar right of a third party.
11 LIMITATION OF LIABILITY
11.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
11.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
11.3 Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
12.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
12.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
12.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
12.4 the other party ceases to carry on its business or substantially the whole of its business; or
12.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.6 Made or cut to order items can only returned if found to be faulty.
13 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
14 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, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
15 INDEPENDENT CONTRACTORS
The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement or any applicable Specification Document.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
If any provision of this Agreement 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 herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
20 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
21 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
22 GOVERNING LAW AND JURISDICTION
This Agreement 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.