Melvyn Rutter - Reedbed Consultant - TERMS AND CONDITIONS
1. Entire Agreement
This Agreement, the Proposal Letter, the Installation Contract, and After care Instructions combined, contain the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Please ensure you have read and understand all the documents before signing the Contract.
2.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.
2.2 Melvyn Rutter does not accept liability for the installed system’s failure to perform due to incorrect design based on misinformation or misinterpretation of information supplied by the customer, and where design of the proposed system has been prior to our involvement with the project, or the customers misuse or failure of care of the system.
2.3 Melvyn Rutter does not undertake to locate existing pipe-work and/or services, or determination of combined systems, i.e. surface and foul water unless previously discussed and agreed in writing. The undertaking of this work can be classified as additional work and a charge may be levied.
3. Prices & Payment Terms,& Definition of ‘Completion’.
3.1 The price for the supply of goods and services are set out on the enclosed Contract.
3.2 Payment. For all systems we require 50% of the total cost with the order, prior to construction; the balance to be paid on completion of the construction. We only accept a 7 day delay in payment with prior agreement. Payment by cheque, bank transfer, cash or Paypal is accepted.
3.3 The Definition of ‘Completion’ of a reedbed system is when the beds are constructed and planted, with the inlet pipes ready to connect to the site inlet pipes, at this point, payment is due whether the connection has been completed or not, whether due to the customers choice or situations beyond our control. Any follow-up visits are after payment has been completed.
3.4 We shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 3.0% per annum above the lending rate of the Lloyds Bank plc.
3.6 The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at our rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. Non-payment & Breach of Contract – any Invoice not paid at the agreed date will result in Breach of Contract and our involvement and responsibility for the project will end immediately.
3.7 No money shall be withheld without previous agreement, which should be negotiated prior to the commencement of the contract and in writing. Any withholding of money will be in breach of contract and action will be taken.
As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to protect the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to install them.
We will provide guidance for installation of the reedbed at the address you specify in your order. It is important that this address is accurate. If installation is delayed due to any cause beyond our reasonable control, the installation date will be extended by a reasonable period and we will notify you.
6.1. We will provide guidance for the construction within are a reasonable time, ground and weather conditions, and machinery permitting.
6.2. If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.
6.3 If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply.
8.1 We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
9. Right to Cancel
9.1 We will permit you to cancel this Agreement by sending written notice no later than 7 days after the date on which this Agreement has been signed. If you request cancellation at a later date, then unless we are in breach of contract, we have the right to refuse it and require a contribution towards any losses or costs we suffer as a result of the cancellation.
9.2. Should an order be cancelled prior to the building start date, any arrangements made for the job, will incur a cancellation fee charged by Melvyn Rutter, which will be payable by the customer. This fee could be up to 100% of the cost of any arrangements, ie., travel, accommodation, ect.
9.3. Once you have notified us that you are cancelling this Agreement, any sum debited to us will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation, less any fees for arrangements.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Customers Responsibility & ‘Third Party Items’ & Return Visits
It is the Customers responsibility to ensure that:-
a) The reedbed is kept wet and effluent is delivered at the correct ‘little & often’ rate, not flooding the beds ¬ a continual flow.
b) All drainage traps, i.e. for grease, oil, hair, ect; are properly and continually maintained.
c) All sludge must be tankered away and not discharged onto the reedbed, ie, during tank cleaning.
d) No third party items (listed below) to be allowed into the system.
e) All Aftercare Instructions are followed.
Reedbeds will not process any type of grease, oils, solvents, or sludge; these products must not be flushed onto the system. Should thirdparty items be put into the tank system, such as the list above, also nappies, sanitary towels or non-dissolvable wipes, which are then discharged onto the reedbed, Melvyn Rutter does not accept responsibility for the malfunction of the reedbed, and/or pump, and is not responsible for cleaning such items from any part of the system.
Should Melvyn Rutter be called out on a service call and a thirdparty item be found to be the cause of the problem, then the customer will be liable for the repair, time on site and travel costs of the visit. Travel and time on site costs will be levied at the current rate of £300.00 Mileage will be charged at 50 pence per mile from Leeds to site and return, plus hotel fees if an overnight stay is deemed necessary due to distance or work required.
Melvyn Rutter will always act in good faith to ensure that a sewage system is operational as soon as possible after a problem, and will therefore endeavour to supply advice and/or remedial work to ensure there is no disruption in service. It must be understood however that should the problem not be a service issue then an invoice will be issued for the visit, work done, and any damage to the installation.
1. Return Visits will be charged for at 50 pence per mile from Leeds plus £300.
2. Return Visits will be conducted when we are in the area unless otherwise specifically arranged.
3. Return Visits are to check the flow rates to the reedbeds, the plant growth, and the way the beds are cared for. Our staff DO NOT undertake weeding the beds, debris or sludge removal, this is the customers responsibility, see the ‘Care Instructions’.
12.1. Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage, which is a reasonably foreseeable consequence of a breach of this Agreement.
12.2. You will be responsible for all claims ,liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations, including the Aftercare Instructions. Any unauthorised alterations to the reedbeds are not the responsibility of Melvyn Rutter and remedial work will be charged for.
12.3. Where we need to carry out work on your premises and/or install equipment, we will not accept liability for the cost of repairing or replacing parts of your existing system which occur due to faults in your system unless we have been negligent in not realising that such damage may occur or in the way we did the work.
12.4. In the event of our losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund if we have been negligent.
12.5. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors.
13. Governing Law and Jurisdiction Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.
14. Third Party Rights Nothing in this Agreement is intended to, nor shall it confer any rights on a thirdparty.
15. Customer Services
15.1. To protect your own interests please read the conditions carefully before signing the Contract. If you are uncertain as to your rights under them or you want any explanation about them please write or telephone us at the address and telephone number set out above.
15.2. If you are unhappy with any aspect of our service, please contact Melvyn Rutter. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
15.3 By placing an order either verbally or in writing, it is deemed that the above terms and conditions have been read and fully understood prior to the order placement. These terms and conditions are issued by Melvyn Rutter and are on each proposal.
16. Changes to Terms and Conditions of Business
We reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreement.
17. Data Protection You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures. Your details will not be passed to any third party for marketing purposes without your consent.
Any documents containing personal details will be shredded before disposal.
Melvyn Rutter Reedbed Consultant.