Terms & Conditions
1. SCOPE OF THE AGREEMENT
1.1 Subject to the terms and conditions of this agreement:
1.1.1 Ground Control Landscaping Services Limited undertakes to
carry out the agreed works; and
1.1.2 The Customer undertakes to accept and pay for the agreed
works.
2. CUSTOMER RESPONSIBILITY
2.1 The Customer warrants that:
(a) The Customer is the owner of the property stated on the cover page of this agreement (“Site”) or is authorised by the owner of the site to carry out the agreed works on the site; and
(b) GroundControlLandscapingServices Limited shall have free and unimpeded access to the site for the purpose of carrying out the agreed works, and that (except where agreed otherwise) the site will be cleared of all debris prior to the commencement of the agreed works.
2.2 The Customer shall ensure that if other parties are to be allowed access to the site during the term of this agreement, this shall be by agreement with Ground Control Landscaping Services Limited, and the Customer shall ensure that such other contractors are coordinated to allow unimpeded access ot the Site, or completion or works by Ground Control Landscaping Services Limited.
3. CONTRACT SUM AND PAYMENT
3.1 The customer shall pay to Ground Control Landscaping Services Limited the agreed price (“Contract Sum”) in the manner, at the rate and at the times provided in this agreement.
3.2 The Customer shall pay Ground Control Landscaping Services Limited the amounts due under clause 3.1 within 7 days of receiving an invoice from Ground Control Landscaping Services Limited.
3.3 Where any monies are owing under this agreement are not paid by the due date, the customer shall pay interest equal to 5%. This interest shall be paid from the date on which the amount became due to the date of payment, together with all debt collection costs incurred by Ground Control Landscaping Services Limited.
3.4 All materials supplied by Ground Control Landscaping Services Limited, including materials incorporated into the agreed works shall remain the property of Ground Control Landscaping Services Limited until payment has been made in full. Ground Control Landscaping Services Limited shall be entitled to unrestricted access to the site to dismantle and remove all agreed works and materials if payment is not made in accordance with this agreement.
3.5 If the site is sold or is in any way disposed of prior to all payments being made to Ground Control Landscaping Services Limited, the Customer shall hold the proceeds of such sale or disposition in trust for Ground Control Landscaping Services Limited ot the extent that any monies remain owing under the agreement.
3.6 All sums are payable without deduction, set off, counterclaim or cross demand of any kind.
4. VARIATIONS
4.1 The Customer may request modifications or amendments to the agreed works at any time during the term of this agreement, and Ground Control Landscaping Services Limited shall use its best endeavours to comply with all such requests, provided that the parties shall immediately negotiate in good faith to determine whether any such modifications or amendments are practicable and (where applicable) agree upon an amended price. Ground Control Landscaping Services Limited shall not be required to commence work on any such amended works until the amended price is agreed.
4.2 Where any such modifications or amendments to the agreed works are agreed between the parties in accordance with clause 4.1, they shall be recorded in writing and signed by both parties, whereupon they shall be deemed to be incorporated into the agreement.
4.3 Where the parties do not reach an agreement in accordance with clause 4.1 within 5 days of a request for an amendment, this agreement shall remain unchanged and shall continue to be binding to both parties.
5. LIABILITY
5.1 Ground Control Landscaping Services Limited shall exercise reasonable skill, care and diligence in the discharge of its obligations under this agreement, but in respect to any loss or damage, which in any way arises out of, or is connected with the performance, or non-performance by or on behalf of Ground Control Landscaping Services Limited of such obligations, the liability of Ground Control Landscaping Services and its employees or agents (whether contracted or in tort) shall be limited to direct losses caused by Ground Control Landscaping Services Limited to the customer, and arising out of Ground Control Landscaping Services Limited’s negligence, to the exclusion of all other liability.
6. DEFAULT AND TERMINATION
6.1 Either party may terminate this agreement on one month written notification once the initial 12 month term has finished, or, in the case of Ground Control Landscaping Services suspend the carrying out of the agreed works until further notice in the event that a liquidator, trustee and bankruptcy receiver or receiver and manager is appointed in respect of the assets of the other party.
6.2 Ground Control Landscaping Services may either terminate this agreement forthwith, or forthwith suspend the carrying out of agreed works until further notice in the event that the Customer fails to make any payment due to Ground Control Landscaping Services Limited under this agreement by the due date.
6.3 In the event that this agreement shall have been terminated, or the carrying out of the agreed works has been suspended pursuant to clause 6, the Customer shall reimburse Ground Control Landscaping Services Limited all direct costs and expenses incurred as a consequence of such termination or suspension.
7. FORCE MAJEURE
7.1 No failure or omission by either party to carry out or observe any of the terms and conditions of this agreement shall, except in relation to obligations to make payment hereunder, give rise to any claim against the party in question or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond the control of that party.