Terms & Conditions
1.These terms and conditions shall be deemed to be incorporated into all contracts between; Prograss and the “the Customer” for the supply by the supplier of goods and/or services specified in the “Treatment Program / Recommendations”. In the absence of express written agreement to the contrary such goods and/or services are tendered or delivered and work undertaken upon and subject to these terms and conditions only.
2.The supplier agrees to perform the work specified in a workmanlike manner using reasonable care to attain the good results. However, all liability shall be excluded in respect of loss or damage arising from:
-Faulty manufacture or inherent defect in any product which is used correctly for the purposes of the task.
-Misuse, damage or treatment of any product by the customer prior to work being undertaken.
-Previous treatments, applications, or products used by any third party prior to these treatments.
-Any damage or contamination to any adjacent or associated area or surface otherwise than damage or contamination caused by the Supplier’s negligence.
3a. The Customer acknowledges that following application of some treatments the Customer’s lawn may have a less attractive appearance. We offer care advice to aid recovery and or improve the lawn following treatments.
3b. The “Customer” acknowledges that following application of weed controls to paths, patios and driveways the product could potentially run off the edge of the surface after rainfall and the “Company” cannot be held responsible. The “Company” will however take precautions when applying the treatment to ensure that it is applied to the best of their ability.
3c. The “Company” will not be held responsible for any damage to plants, plant pots and other vegetation as it is the “Customers” responsibility to ensure items are removed before the treatment takes place.
4.Quotations for supply of goods and/or services provided by the supplier will be open for acceptance for a period of thirty days from the date of the quotation, unless otherwise stated by the supplier in writing.
5.The Customer undertakes to make full payment for each agreed program within 14 days of an invoice from the Supplier.
6.If any invoice submitted by the Supplier to the Customer remains unpaid after 14 days, the Supplier reserves the right to charge interest at the rates set out below until payment in full is received. The rate of interest for late payment shall be the higher of: 2% over the base rate of National Westminster Bank as varied from time to time and the rate for the time being payable on judgment debts.
7.Any claim in respect of any goods or services provided by the “Company” under the terms of this contract must be notified to the “Company” within five (5) days from the time of the provision of the goods or services by the “Company” and the “Customer” agrees to allow the “Company” every opportunity to rectify or make good the matters giving rise to such complaint. Subject to clause 2 of these terms and conditions the “Company’s” liability for any claims made in accordance with this clause 7 shall not exceed £200 (two hundred pounds).
8.Any dispute arising between the Customer and the Supplier will be referred to arbitration by an independent arbitrator to be agreed between the parties, the cost of arbitration to be borne, in the absence of any agreement between the Customer and the Supplier, by the party against whom the arbitrator’s decision is made.
9.In the event of the Supplier being prevented by act or default of the Customer from carrying out the work at the agreed time and place or in the event of less than twenty four hours’ notice being given by the Customer of cancellation of this contract the Customer shall pay to the Supplier a cancellation fee of £20 plus VAT thereon at the appropriate rate.
10.Prograss may use images of your garden/property resulting from photography/video filming and any reproductions or adaptations of the images for Prograss to provide accurate quotes, disputes, and complaint resolution and marketing. If you prefer not to have your property featured in one of our videos or shared via Facebook, please let us know in writing. Please see our privacy policy and GDPR Compliance for more information – https://www.pro-grass.com
11.These terms and conditions do not affect the Customer’s statutory rights.