TERMS AND CONDITIONS OF SALE OF Kennedys Turf Ltd

1. DEFINITIONS

1.1 "Buyer" means the individual or organisation that buys or agrees to buy Goods or Services from the Seller.

1.2 "Contract" means the Contract / Order between the Seller and the Buyer for the sale and purchase of Goods or Services incorporating these Terms and Conditions and the Delivery FAQ.

1.3 "Goods or Services" means the articles that the Buyer agrees to buy from the Seller including but not limited to Turf, Topsoil and Bark Mulch.

1.4 "Seller" means Kennedys Turf LTD (Company Number 06279428) of 8 Guide Street, Salford, Manchester, M50 1BX.

1.5 "Terms and Conditions" means the terms and conditions of sale set out in this agreement including but not limited to the Delivery FAQ and any special terms and conditions agreed in writing by the Seller.

1.6 "Website" means www.kennedysturf.co.uk.

1.7 "Cancellation and Return Policy" means the Policy set out in clause 8.

1.8 “Delivery FAQ” means the delivery information noted on the Sellers website under the Delivery FAQ tab.

2. CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights.

2.2 These Terms and Conditions shall apply to all Contracts for the sale of Goods or Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer unless agreed otherwise by the Seller in writing.

2.3 Use of the Website and/or payment for or acceptance of delivery of the Goods or Services shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions and Delivery FAQ.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any correspondence should be sent to the Seller's email address stated on the Seller’s Website.

4. PRICE AND PAYMENT

4.1 The price of the Goods or Services shall be that stipulated on the Website.

4.2 Payment of the price must be made in full before dispatch of the Good or Services.

5. RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order or makes a purchase.

5.2 The Seller reserves the right to withdraw any Goods or Services from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods or Services from the Website.

6. WARRANTY

6.1 The Seller warrants that the Goods or Services will at the time of dispatch correspond to the description given by the Seller.

6.2 Any specifications, formulations, data, literature and statements as to seed content, seed weight, seed ratios, grass ratios, seed and grass species, suitability, performance or otherwise, issued and descriptions and samples given by the Seller are approximations only and shall not constitute representations nor shall they become warranties or conditions of the Contract.

6.3 The condition of turf is dependent on factors beyond the Sellers control including (without limitation) weather conditions or unintended blown or animal/bird carried seeding and is also dependant on the aftercare provided by the Buyer. The Seller will not be liable for any defects arising after delivery, whether due to the Buyers failure to care for the turf in accordance with the Seller’s Lawn Care Guide or due to external factors.

7. DELIVERY

7.1 Goods or Services will normally be delivered within a reasonable period of time following formation of the Contract.

7.2 Goods or Services will only be supplied within the UK mainland and there are exclusions as detailed when placing an order.

7.3 Delivery dates are approximate and the delivery may arrive before or after this date. The Buyer should allow up to five working days for delivery. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly from any failure to meet any estimated delivery date.

7.4 Delivery of the Goods or Services shall be made to the delivery address provided by the Buyer and the Buyer shall make all arrangements necessary to take delivery of the Goods or Services whenever they are tendered for delivery taking into account the Seller’s Delivery FAQ. The buyer must be present at the time of delivery unless otherwise agreed prior to delivery with the Seller.

8. CANCELLATION AND RETURN

8.1 It is the responsibility of the Buyer to ensure the Goods or Services are suitable for the purpose or application of the Buyer. The Buyer shall inspect the Goods or Services immediately upon receipt and shall notify the Seller immediately by Email or Telephone as detailed on the Sellers Website if the Goods or Services are damaged or do not comply with any part of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods or Services.

8.2 Where a claim of defect or damage is made, the defect shall be communicated by the Buyer to the Seller within 24 hours of the delivery in accordance with clause 2.5 and the Buyer may be asked by the Seller to return the Goods to the Seller’s address at clause 1.4 at the Buyers cost. The Buyer shall then be entitled to a replacement plus any reasonable return delivery costs if the Goods are in fact defective.

8.3 Where the Contract cannot be completed because the Goods or Services are not available the Buyer shall be notified and given the option to accept a suitable alternative, wait until the Goods or Services are available or receive a full refund within 30 days of cancellation.

8.4 If for any reason the Buyer will not accept delivery of the Goods (excluding turf) or the Seller is unable to deliver the Goods because the Buyer has not complied with the Terms and Condition including the Delivery FAQ the Seller may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses.

8.5 In respect of turf if for any reason the Buyer will not accept delivery of the Goods or the Seller is unable to deliver the Goods because the Buyer has not complied with the Terms and Condition including the Delivery FAQ the Seller will not refund any sums paid by the Buyer in respect of turf.  

8.6 The Buyer may cancel the Contract at any point after formation of the Contract and until the end of seven days beginning with the day the goods are delivered. Where delivery has already occurred the Buyer shall arrange for return of the Goods to the Sellers address at clause 1.4 and will be responsible for all associated costs.

PLEASE NOTE THAT THE RIGHT TO CANCEL THE CONTRACT UNDER CLAUSE 8.6 DOES NOT APPLY TO TURF AS IT IS A PERISHABLE PRODUCT AND IS LIKELY TO DETERIORATE RAPIDLY ONCE HARVESTED IN FULFILMENT OF YOUR ORDER.  

8.10 If the Buyer cancels the Contract in accordance with clause 8.6 the Seller will repay any sums paid by the Buyer for the Goods within 30 days of notification of termination of the Contract made in accordance with clause 2.5.

 

9 LIMITATION OF LIABILITY

9.1 In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.2 Risk of damage to, or loss of, the Goods shall pass to the Buyer upon delivery of the Goods.

9.3 Title of the Goods shall not pass to the Buyer until the Seller has received in full (in cleared funds) all sums due in respect of the Goods and all other sums which are or which become due to the Seller from the Buyer in relation to any Contract.

9.4 If the Buyer intends to return or exchange the Goods in accordance with the Cancellation and Return Policy, the Buyer must take reasonable care of the Goods pending their return to the Seller.

 10 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11 FORCE MAJEURE

The Seller shall not 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12 SEVERANCE

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 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14 GOVERNING LAW AND JURISDICTION

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.