Terms and Conditions of Sale

1. QUOTATION

1.1. Quotations are open for acceptance for a period of three calendar months from the date of issue. Thereafter, Fineturf (hereinafter ‘the Company’) shall reserve the right to amend the price of the works or withdraw, in part or in total, the offer to undertake the work

1.2. All prices quoted exclude VAT, which shall become due at the standard rate as applicable at the date of invoice

1.3. All quotations are offered subject to the terms and conditions contained herein unless otherwise expressly stated thereon by the Company

1.4. Further terms and conditions, specific to the particular works quoted, may also be expressly incorporated by the Company into that quotation should circumstances dictate

2. ACCEPTANCE AND CANCELLATION

2.1. Unless otherwise agreed and confirmed in writing by the Company, acceptance of the quotation shall be deemed to include acceptance by the Purchaser of these terms and conditions and no other terms and conditions shall subsequently be applied

2.2. Orders given by the Purchaser shall only be cancelled with the written consent of the Company

3. PAYMENT

3.1. Invoices shall be issued by the Company immediately upon completion of the ordered work or shortly thereafter

3.2. Unless otherwise agreed and confirmed in writing by the Company, payment shall become due 30 days from the date of the issued invoice

3.3. Unless otherwise agreed and confirmed in writing by the Company, no discounts and/or retentions shall be deducted from any payment due

3.4. Interest at the rate of 2 ½ % per calendar month, or part thereof, shall be charged on all monies outstanding after the relevant due date. Should payment, including any and all interest charges, not be received in full within three calendar months of the date of the original invoice, the Company shall commence appropriate legal proceedings to recover the debt together with all other costs and expenses incurred by the Company in such recovery

3.5 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

3.5.1 Cancel the contract or suspend any further deliveries to the Buyer;

3.5.2 Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 3.5.3 Charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 8 per cent per annum above Bank of England base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

3.6 Prior to acceptance of any order on credit terms the Seller shall have the right to seek credit references from the Buyer. If the Buyer is a limited company the Seller shall have the right to demand personal guarantees from one or more directors of the Company

4. RETENTION OF TITLE

4.1. Risk shall pass on delivery of goods to the Purchaser but title to the goods shall remain with the Company until payment in full has been made to the Company by the Purchaser in respect of the said goods and for any other goods or services for which payment may remain outstanding

4.2. Until payment is effected, the Purchaser shall insure all such goods against normal risks and ensure that they are free from any charge, lien or other encumbrance

4.3. In the event of failure to remit payment, the Purchaser shall afford access to the Company or its servants to collect such goods and shall not prevent the Company from using any of same in the normal course of its business

5. DISPUTES AND SET OFF

5.1 The Purchaser shall not withhold any monies invoiced by and due to the Company under this or any other agreement between the parties as a result of any disputed claim against the Company

6. LIMIT OF LIABILITY

6.1. The Company warrants that its goods and services are fit for the purpose specified by the Purchaser and any other warranty or guarantee, whether express or implied, shall be excluded The Barn, Charity Street, Carlton Scroop, Grantham, Lincolnshire, NG32 3AT Tel: 01400 251605, Fax: 01400 251606, Email: info@fine-turf.co.uk

6.2. The liability of the Company in respect of any and all direct loss or damage arising from its default shall be limited to the value of the contract works and the Company shall not in any circumstance be liable for any indirect or consequential loss or damage howsoever arising

7. TERMINATION

Without prejudice to any other rights it may possess, the Company shall have the right to suspend or terminate the contract between the parties if:

7.1. The Purchaser fails to pay any monies invoiced by and due to the Company

7.2. The Purchaser commits any breach of contract

7.3. The Purchaser enters into liquidation or administration or has a receiver appointed or commits any act of insolvency or bankruptcy

8. FORCE MAJEURE

The Company may suspend the works during any period in which it is prevented from delivering goods and services through any circumstances outside of its reasonable control

9. DATA PROTECTION ACT

The Company may record any failure by the Purchaser to comply with the credit terms contained herein and may make such information available, if requested, to organisations whose normal business is to assess applications for credit