Unreal Lawns - Terms and Conditions
You are agreeing to the following terms and conditions when purchasing from Unreal Lawns Limited:
1.0 Acceptance of Works
On acceptance of our quotation and instructing us proceed with the works you are deemed to have accepted our terms & conditions (already in your possession or available online) and will be bound by them.
1.1 Cancellations and Returns
The Consumer Protection (Distance Selling) Regulations 2000 (as amended 2005)
By purchasing over the internet or by telephone you are entering into a “Distance Sale”. In addition to your normal statutory rights as a consumer you also have the right to cancel the contract at any time up to seven days after the date your order is delivered to you.
This right does NOT apply to products specifically made to your specifications i.e. those, which have been cut from a roll to your specific order size. This also includes products that are not held in stock by Unreal Lawns Ltd and are ordered or manufactured for you; these items cannot be cancelled once the order has been accepted by us.
You are under a duty to take reasonable care of the goods until the end of any cooling off period.
If your order has not been delivered and you wish to cancel your order Online; please email us. One of our sales team will check the status of your order and confirm if the cancellation is possible. Alternatively, you can call us on 0800 917 8553.
If the goods are excluded from your right to cancel (see previous paragraph) we will find out whether or not they have already been cut to your specifications and if not we will accept a cancellation of your order and refund your money. If, however, the product has been prepared for you we will only accept cancellation if we may deduct a proportion of the purchase price from the refund we issue to you to cover the losses we will incur in selling your purchase as a reduced price remnant.
When your goods have been delivered you have a reasonable opportunity to make sure that they are the goods you ordered. If not you should not cut into, fit, assemble or use them (other than to check whether or not they are the right goods). You should retain the packaging so that this can be reused, if possible, for their return. You will be responsible for the condition of the goods and for their reasonable care whilst they are in your possession. 0800 917 8553 within 7 days of delivery. We will arrange for the collection of the goods without charge to you and a refund of the purchase price.
After this statutory seven day ‘cooling off’ period, you have the protection of your statutory rights. If you are unsure of your rights, please do not hesitate to seek advice from Trading Standards or other advisory body.
If you decide that you do not want any item which we have delivered then, provided that it is returned to us in its original and unused condition (including in its original packaging), along with the wrapping and delivery note (as proof of purchase) within 7 days of delivery, we will exchange it or offer a refund.
All unwanted goods will be subject to a handling charge. Please return the unwanted goods to:
Unreal Lawns Ltd,
Unit 18 Moss Lane Ind. Est.Heyside,
We would recommend you use a tracked / recorded delivery method, as we cannot be held liable for missing or damaged goods.
This guarantee is in addition to and does not affect your statutory rights. If you post the item to us, we will endeavor to send you a replacement or refund your payment, within 14 days
1.2 Damaged Faulty Goods
The goods should be fully rolled out and inspected before use. Damaged / faulty or incorrect goods must be reported to us immediately, either by phone: 0800 917 8553 or email: firstname.lastname@example.org. We will then make further arrangements with you to replace the goods. Do not use or fit the goods in anyway as you will be liable for the costs and if faulty you will be liable for keeping the faulty goods.
If you are arranging an independent fitter or as the fitting company you are ordering goods to install, we suggest that you do not schedule any installation work until a few days after receiving the delivery. This will enable you to check the goods and resolve any technical issues. Please take a moment to check the details on the sales ticket, to ensure the correct products have been ordered and that the delivery address and other details are as you requested. If you have a query about your order, or a general enquiry about the products and service we provide, please contact us on 0800 917 8553.
Due to the molecular structure of the fabric it 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. If Unreal Lawns are installing the surface, Unreal Lawns installers will over-stretch the grass and fix securely. The grass will de-crease quite noticeably on a daily basis.
Unreal Lawns endeavor to make all seams as invisible as possible. However, seams are occasionally visible due to the molecular structure of the product. This is unfortunately inevitable and can be influenced by a number of factors. Our warranty does not cover seam visibility.
Please note that settlement or heave may occur due to weather conditions at time of installation. Please allow a 7 day period to settle prior to loading the newly laid grass. Should any movement occur we will gladly put it right at our expense under the terms of our guarantee.
1.3 Product Guarantee
All grasses we supply and install come with a 10 year manufacturers warranty.
The grass is designed to match the effects of real grass. Continued usage in a particular area will cause it to curl and crush. In these instances we recommend regular brushing.
Grass required for sports or heavy duty activities should be sand filled to avoid the pile crushing. Our grasses can be installed with or without sand but we recommend a sand dressing. Quotes can be provided by contacting the sales office.
Although maintenance levels are low we recommend the following:
Brush regularly to clear of debris. Top up sand levels regularly.
The grass itself rarely allows weeds to go through however seeds can germinate on the grass so maintenance of the surrounding areas is important; if this occurs a weed killer must be applied to be the surface. We do not guarantee that weeds will not grow.
When we install our artificial grass we place a specially designed weed membrane beneath the grass to act as a barrier to weed growth through it. Due to the immense numbers of different varieties of weeds we cannot guarantee it in all instances.
We send out the grass from the same batch to ensure there are no slight colour differentials. Therefore please be aware if you want to add more grass to an 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. Unreal Lawns cannot be liable for any differences in colour for the same product if ordered separately.
The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.
All confidential information, including credit card details, are held securely and only transmitted in encrypted form. Customer details are not passed to third parties and are used only in accordance with the Data Protection Act.
You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of your use of this site.
The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.
1.9 Consumer Rights
None of the above Terms and Conditions affect your statutory consumer rights.
i. These conditions alone shall govern and be incorporated in every contract for the sale of goods made by or on behalf of the Seller with any customer ("the buyer"). They shall apply in place of and prevail over any terms or conditions, (whether or not in conflict or inconsistent with these Conditions), contained or referred to in any documents submitted by the Buyer or in correspondence or elsewhere implied by trade custom, practice or course of dealing unless specifically excluded or varied in writing by a Director or other authorised representative of the Seller and any purported provisions to the contrary are hereby excluded or extinguished.
ii. Acceptance by the Buyer of delivery of the goods shall (without prejudice to Condition 2 or any other manner in which acceptance of these Conditions may be evidenced) be deemed to constitute unqualified acceptance of the conditions.
iii. If Subsequent to any conditions of sale or purchase, such contract howsoever made shall be deemed to be subject of these conditions.
2.1 Quotations and Acceptance
i. A quotation by the Seller does not constitute an offer and the Seller reserves the right to withdraw or revise the same at any time prior to the Seller's acceptance of the Buyers order. Any quotations shall in any event lapse unless the Seller accepts an order form the Buyer within 30 days of the quotation.
ii. The Sellers acceptance of the Buyers order (including telephone orders) shall be effective only where such acceptance is made on the Sellers printed order acceptance form.
i. The prices payable for the goods shall be those shown on the Sellers order acceptance form. The Seller shall have the right at any time to revise prices to take into account inflation and/or increases in cost including (without limitation) costs of any goods, materials, carriage, labour or overheads, the increase or imposition of any tax duty or other levy and any variation in exchange rates.
ii. Unless other wise specified VAT and any other tax or duties payable by the Buyer shall be added to the price.
2.3 Terms of Payment
i. Payment of invoices shall be made in full without any deduction or set-off in accordance with the terms stated on the Sellers order acceptance forma and invoice. Time of payments shall be essence of all contracts between the Buyer and Seller. The Seller reserves the right to suspend the provision of goods to the Buyer where any amounts are overdue under any contract with the Buyer until all such amounts have been paid.
ii. Interest shall be payable on overdue accounts at the rate of 3% over Santander base rate from time to time to run from the due date for payment until receipt by the Seller of the full amount.
iii. Any credit given by the Seller to the Buyer may be withdrawn or limited at any time by the Seller on such notice as the Seller may think fit and consequently the Seller may refuse to deliver all or part of the goods other than against due tender of the price in accordance with any contract to which these conditions apply.
iv. All payments made by the Buyer to the Seller shall be apportioned first to goods which have been resold by the Buyer and then to goods which remain in possession or under control of the Buyer notwithstanding any purported contrary appointment by the Buyer.
v. All goods remain property of Unreal Lawns Ltd until payment is received in full.
vi. Supply and Installation payment terms - Once payment has been made in full to Unreal Lawns Ltd upon job completion, this will be classed as a full acknowledgement that the job (supply and installation) has been completed to a full and satisfactory standard.
i. Delivery or dispatch dates mentioned in any quotation, order acceptance form or elsewhere are approximate only and not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date(s). Time for delivery shall not be of the essence of any contract to which these conditions apply and shall not be made so by the service of any notice. All orders for goods endorsed delivery as required or with no final completing date for deliveries are accepted on condition that the Seller is given reasonable time to make the goods and full delivery of the goods is taken within 6 months of the Sellers acceptance.
ii. Delivery will be on a 'Delivered', 'FOB' or 'Ex works' basis as stated on the order acknowledgement form. In the case of a sale 'ex works' the Seller shall not be liable for any loss or damage caused by any incident occurring during transit from its premises.
iii. If the Buyer refuses or fails to take delivery of goods tendered in accordance with the contract or fails to take action necessary on its part for delivery and/or shipment of the goods the Seller shall be entitled to terminate the contract with immediate effect, to dispose of the goods as the Seller may determine, and recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including without limitation storage costs from the due date of delivery).
iv. Unless otherwise expressly agreed by the Seller may effect delivery in one or more installments. Where delivery is effected by installments each installment shall be treated as a separate contract.
v. Section 32(2) of the sale of goods act 1979 shall not apply. The Seller shall be required to give the Buyer notice specified in section 32(2) of that act.
2.5 Risk and Assurance
i.Subject (where appropriate) to condition 7 risk shall pass on delivery.
ii. Any property of the Buyer in or under the Seller's possession or control and all property supplied to the Seller on behalf of the Buyer shall be held by the Seller at the Buyers risk.
iii. From time of the delivery until property of the goods passes to the Buyer in accordance with Condition 8 of the Buyer shall insure the goods for their full value with a reputable insurance office. Upon request, the Buyer shall use reasonable endeavors to get the Sellers interest in the goods noted on the insurance policy. Until property in the goods passes to the Buyer the proceeds of any claim on such insurance policy shall be held on trust for the Seller and shall forthwith account to the Seller with such proceeds.
iv. Any goods returned by the Buyer to the Seller shall be at the Buyers risk unless their return is at the Sellers request.
i. NOTWITHSTANDING DELIVERY AND PASSING OF RISK. THE GOODS SHALL REMAIN THE PROPERTY OF THE SELLER UNTIL SUCH TIME AS THE BUYER SHALL HAVE PAID TO THE SELLER THE AGREED PRICE (TOGETHER WITH ANY ACCRUED INTEREST) AND ALL OTHER AMOUNTS OWED BY THE BUYER TO THE SELLER.
ii. Until property in the goods has passed the Buyer shall be in possession of the goods in a fiduciary capacity and shall:
a) Not part with possession of the goods otherwise than in accordance with Condition 8.6.
b) Take proper care of the goods and take reasonable steps to prevent any damage to or deterioration of them.
c) Keep the goods free from any charge, lien or other encumbrance and store the goods in such a way as to show clearly that they belong to the Seller; and
d) Notify the Seller forthwith upon the happening of any events set out in condition 16.1
iii. The Seller reserves the right to repossess and resell the goods to which it has retained title and any right the Buyer may have to possession of the goods shall in any event cease.
a) If any sum owed by the Buyer to the Seller (whether in respect of the goods or otherwise) is not paid to the Seller by the dates it is due or;
b) Upon the happening of any events set out in condition 16.1
iv. The Buyer hereby grants an irrevocable right and license to the Seller and its servants and agents to enter all or any of the Buyers premises with or without vehicles during normal business hours for the purpose of inspecting and/or repossessing goods to which it has retained title. This right and license shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwise.
v. The Buyer is licensed by the Seller to process goods to which the Seller has retained title in such fashion as it may wish and/or to incorporate them in or with any products subject to the express condition that the new product or products or any other items of moveable property whatsoever containing any part of the said goods shall become property of the Seller and shall be separately stored and marked by the Buyer to show clearly that they belong to the Seller. The Seller shall hold the new product or products as trustee for itself and the Buyer and the Sellers interest as a beneficiary of the trust shall be equal to the total of all amounts owing by the Buyer to the Seller.
vi. The Buyer may in the ordinary course of business sell the goods or any new product or products produced with the Sellers goods provided that:
a) As between the Buyer and its sub-buyer or customer the Buyer shall sell the goods as principal and the Buyer shall not and shall not be empowered to commit the Seller to any contractual relationship with or liability to the sub-buyer or customer or any other customer.
b) As between the Seller and the Buyer, the Buyer shall sell the goods in a fiduciary capacity as agent for the Seller, and
c) Notwithstanding any agreed periods of credit for payment of the price of the goods the Buyer shall pay the proceeds of such sales to the Seller forthwith upon receipt. The Buyer acknowledges that as a consequence of its fiduciary relationship with the Seller it is under a common law duty to hold to proceeds of any such sales or hiring on trust for the Seller and not to mingle such proceeds with any other monies or pay them into an overdrawn bank account, such common law duty being unaffected by and wholly independent of the terms of these conditions.
vii. Notwithstanding the provisions of this condition 8 the Seller shall be entitled to bring an action against the Buyer for the price of the goods in the event of non-payment by the Buyer by the due date even though the property in the goods has not passed to the Buyer and/or shall not have the right by notice to the Buyer at any time after delivery to pass property in the goods to the Buyer is from the date of such notice.
2.7 Variation in Quantity
i. The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery even though the quantity may be up to 10% more or less than the quantity specified in the contract and in such event the Buyer shall pay for the actual quantity delivered. Weights and sizes of the goods are taken on the average of the total amount of goods despatched. Weights are guaranteed only at the date of dispatch.
2.8 Third Party Rights
i. THE BUYER SHALL INDEMNIFY THE SELLER against any and all liabilities, claims and costs incurred by or made against the Seller as a direct or indirect result of the carrying out of any work required to be done on or to the goods in accordance with the requirements or specifications of the Buyer involving any infringement or alleged infringement of any rights of any third party (including without limitation the printing of any libellous or illegal matter on the goods).
ii. IN RESPECT OF EXPORT SALES ONLY, THE SELLER SHALL HAVE NO LIABILITY TO THE BUYER IN THE EVENT OF THE GOODS INFRINGING OR BEING ALLEGED TO INFRINGE THE RIGHTS OF ANY THIRD PARTY. In the event that the goods are or may be subject of third party rights the Seller shall be obliged to transfer to the Buyer only such title as the Seller may have. IN RESPECT OF ALL OTHER SALES, if at any time any allegation of infringement of letters patent, copyright or design rights is made in respect of the goods or if the Sellers reasonable opinion such an allegation is likely to be made the Seller at its option and its own expense.
a) Modify or replace the goods without detracting from overall performance thereof, so as to avoid the infringement; or
b) Procure for the Buyer the rights to continue to use the goods; or
c) Repurchase the goods at the price paid by the Buyer less depreciation at such rate as is applied by the Seller to its own equipment.
iii. The Buyer shall notify the Seller forthwith of any claims made or action brought or threatened alleging infringement of the rights of any third party. The Seller shall have control over and shall conduct any such proceedings in such manner as it shall determine. The Buyer shall have control over and shall conduct any such proceedings in such manner as it shall determine. The Buyer shall provide all such reasonable assistance as the Seller may request. The cost of any such proceedings shall be borne by the Seller.
i. The buyer shall inspect the goods immediately upon delivery, the seller shall not be liable to the buyer.
a) For non-delivery unless a written claim is received by the seller within 7 days from the date of the sellers invoice (or 28 days from such date in respect of export sales).
b) For shortages in quantity delivered in excess of those permitted by condition 9 unless the buyer notifies the seller of any claim for short deliver within 7 days of receipt of the goods or (28 days from such date in respect of export sale).
c) for damage or to loss of the goods or any part of them in transit (where the goods are carried by the seller’s own transport or by a carrier on behalf of the seller) unless the buyer shall notify the seller of any such claim within 14 days of receipt of the goods or the scheduled date of delivery whichever shall be the earlier (or 28 days from such date in respect of export sales).
d) For the defects in the goods caused by fairwear and tear, abnormal or unsuitable conditions of storage or use if any act, neglect or default of the buyer or of any third party.
e) For other defects in the goods unless notified to the seller within 1 month receipt of the goods by the buyer or where the defect would not be apparent on reasonable inspection within 3 months of delivery.
ii. Where liability is accepted by the seller under condition 11.1 The sellers only obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate to replace or repair any goods found to be damaged or defective and/or to refund the costs of such goods to the buyer, goods may not be returned without the seller’s prior written consent.
iii. The seller shall not be liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without the sellers prior written approval and the buyer shall indemnify the seller against any and all claims and costs arising out of such claims to the extent that such repairs or remedial work have been performed by the buyer or its agents.
iv. The sellers aggregate liability to the buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the cost of the defective, damged or undelivered goods which give rise to such liability as determined by net price invoiced to the buyer inrespect of any occurence or series of occurences.
v. Subject to this condition 11;
a) All conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are hereby excluded;
b) The seller shall be under no liability to the buyer for any loss, damage or injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise howsover arising (and whether or not caused by the negligence of the seller, its employees or agents) other than liability for death or personal injury resulting from the sellers negligence.
c) The seller shall have no liability for any indirect or consequential losses or expenses suffered by the buyer, howsoever caused, and including without limitation, loss of anticipated profits. Goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
2.10 Specifications and Confidentiality
i. Unless expressly agreed in writing by the Seller all drawings, designs, specifications and particulars or weights and dimensions submitted by the Seller are approximate only and the Seller shall no liability in respect of any deviation from them. The Seller accepts no responsibility for any errors, omissions or other defects in any drawings, designs or specifications not prepared by the Seller and the Seller shall be indemnified by the Buyer of any liabilities and expenses incurred by the Seller arising from them. Corrections to goods required by the Buyer following inspection and approval of proofs by the Buyer shall be at the Buyers expense and will be charged for separately.
ii. All drawings, designs, specifications and information submitted by the Seller shall be treated as confidential and shall not be disclosed to any third party without the Seller's written consent or used by the Buyer other than for the purpose authorised by the Seller.
2.11 Licenses and Consents
i. If any license or consent by any government or other authority shall be required for the acquisition, carriage or use of the goods by the Buyer the Buyer shall obtain the same at its own expense and if requested produce evidence of the same to the Seller on demand. Failure to obtain any license or consent shall not entitle the Buyer to withhold or delay payment of the price. Any additional expenses or charges incurred by the Seller resulting from such failure shall be for the Buyers account.
2.12 Force Majeure
i. The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of goods by the Seller being prevented, hindered, delayed, cancelled or rendered uneconomic by reason of circumstance or events beyond the Sellers reasonable control ("force majeure circumstances") including but not limited to Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workman, materials or transport, or other circumstances affecting the supply of the goods or of raw materials by the Sellers normal source of supply of manufacture or the goods by the Sellers normal means of delivery of the goods by the Sellers normal route or means of delivery.
ii. In force majeure circumstances the Seller may in its sole discretion terminate any contract for the supply of goods pursuant to these conditions or cancel delivery of goods to the Buyer or may, with the agreement of the Buyer, deliver the goods at an agreed rate of delivery commencing after any suspension of deliveries.
iii. If due to force majeure circumstances the Seller has insufficient stocks to meet all its commitments the Seller may apportion available stocks between its customers at its sole discretion.
2.13 Samples and Equipment
i. Any samples or trade cards supplied to the Buyer are supplied solely for information and in no way import any express or implied conditions or warranties as to quality, description, fitness for purpose or merchantable quality and the Buyer shall be deemed to have satisfied itself as to such matters prior to ordering the goods.
ii. Any equipment supplier to the Buyer by the Seller in connection with the delivery of the goods shall remain the Sellers property notwithstanding any contribution made towards its cost by the Buyer.
i. If the Buyer (being an individual) enters into a voluntary arrangement or if a petition is presented for the making of a bankruptcy order against him or if he compounds with his creditors or if (being a company) an application for an order made or a resolution is passed for the winding-up of the Buyer (otherwise than for the purpose of amalgamation or reconstruction previously approved in writing by the Seller) or if a meeting is called to approve the appointment of a liquidator to the Buyer or if a petition is presented to the court for the appointment of a liquidator to the Buyer of is a receiver, manager, administrative receiver or an administrator is appointed or a petition is presented to the court for the appointment of an administrator to the Buyer or over any part of the Buyers undertaking or if circumstances arise which may entitle the court or a creditor of the Buyer to appoint a receiver, manager, administrative receiver or administrator or which might entitle the court to make a winding-up order or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits a breach of any contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any goods in transit and/or by notice in writing to the Buyer terminate contract with the Buyer.
ii. Upon any termination of any contracts pursuant to condition 16.1 any indebtedness of the Buyer to the Seller shall become immediately due and payable and the seller shall be relieved any further obligations to supply any goods to the Buyer pursuant to such contracts.
i. None of the rights or obligations of the Buyer under these conditions may be assigned or transferred in whole or in part without the prior written consent of the Seller.
2.16 Health and Safety at Work ETC
i. The Buyer agrees to pay due regard to any information supplied by the Seller and relating to the use for which the goods are designed or have been tested or concerning conditions necessary to ensure that they will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work and the Buyer undertakes to take such steps as may be specified by the above information to ensure that as far as reasonable practicable the goods will be safe and without risks to health at all times as are mentioned above.
i. The Seller shall be entitled to general lien on all goods and property owned by the Buyer in the Sellers Possession (although the Buyer may have paid for the same in full) in satisfaction of the whole or part as the case may be of the unpaid price of any goods sold and delivered to the Buyer under any contract. The Seller shall be entitled to offset any sum or sums owing to it from the Buyer against any sums owed to the Buyer from the Seller.
i. The headings of these conditions do not form part of the conditions and shall not affect their interpretation.
i. If any of these conditions is held to be invalid, illegal or unenforceable in any respect whether in whole or in part such invalidity, illegality, un-enforceability shall not prejudice the effectiveness of the rest of these conditions or the remainder of the any part of a condition effected.
i. Failure by the Seller to exercise or enforce any rights under any contract subject to these conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right at any time thereafter.
i. Any notice thereafter shall be in writing and be deemed to have been duly given if delivered personally or sent by prepaid first class post (airmail if to an address outside the United Kingdom), telex or telefax to the party concerned at its last known address. Notices delivered personally shall be deemed to have been given when delivered, notice sent by first class post shall be deemed to have been given seven days after dispatch (fourteen days if given by airmail) and notices sent by telex and telefax shall be deemed to have been given on the date of dispatch.
2.22 Governing Law
i. Any contract to which these condition apply shall be governed and construed in accordance with the laws of England and parties hereby submit to the non-exclusive jurisdiction of the English courts