Terms and Conditions
The School Grounds Company Ltd Terms and Conditions of Business
Any contract between The School Grounds Company Ltd (the “Company”) and any individual, other company, organisation or association (the “Client”) for the provision of services specified in the Proposal or may as from time to time be agreed in writing by the parties (the “Services”) will be subject to these General Terms and Conditions. The Company reserves the right to amend these General Terms and Conditions in writing. No variation of these General Terms and Conditions is binding upon the Company or Client unless agreed in writing and signed by both parties.
2. Performance of Services
2.1 The Company will perform the Services in a professional manner and with reasonable care and skill and will at all times conform to the reasonable instructions or directions of the Client in connection herewith.
2.2 The Company expressly reserves the right at all times to provide similar Services for any other individual, company, organisation or association.
2.3 The Company will perform the Services by the date for completion or during the period specified in the Proposal or by such other completion date or during such other period agreed by the parties in writing.
2.4 The Company reserves the right to use the resources of other organisations (“Associates”) in the completion of the Services, at the Company’s discretion. The Company remains solely responsible for the quality of the Services, as provided in Clause 2.1 above. The contract for Services remains at all times between the Client and the Company. All communications in this connection remain between the Client and the Company, unless otherwise agreed.
2.5 The School Grounds CompanyLtd will not be liable for additional work which is caused by a direct result of accidents, malicious damage, changes as a result of UK Government or EU directives/regulations, misuse, neglect or arising from faulty grounds maintenance by others.
2.6 The Client will be responsible for ensuring access to the site and for the provision of a water and electricity supply if required by the Scope of Work.
3. Terms of payment
3.1 The estimated company fee (the “Fees”) payable to the Company for the Services will be set out in the Quotation. In addition to the Fees, the Company will be reimbursed any expenses properly incurred in connection with the Services and outlined in the Proposal.
3.2 Services will be deemed to commence with the initial “diagnostic” meeting interview. A contract for work agreed during this “diagnostic” meeting will be forwarded to you and no work will be undertaken by The School Grounds CompanyLtd until they are in receipt of such signed contract. In order to validate the price stated in the contract a signed copy must be returned to The Company within 14 days from the date of issue. Our invoicing schedule and terms will be outlined in this contract and payment terms will be highlighted on your invoice.
3.3 The fee is based on Services agreed and delivered in the Proposal and not on the amount of finished work subsequently used by the Client in any end product.
4. Extension of time and changes in project parameters
4.1 The date agreed for completion of the Services represents the best estimate the Company can make at the time of acceptance of the Client’s order. In the event that at any time the Company considers that the date for completion will be inaccurate, the Client will be notified and the parties will discuss what steps, if any, shall be taken to postpone the date for completion and to renegotiate the Fees, or to amend the specification of the Schedule. If the parameters of a project widen, the Fees will be renegotiated.
4.2 Should changes to Services required negate any work already completed by the Company at the time of the changes, the Client will accept responsibility for payment of Fees for the completed work and for reimbursement of all related expenses.
5. Retention of title
All goods are the property of The School Grounds Company Ltd until paid for in full
6. Severability - termination
6.1 The School Grounds Company Ltd may by written notice terminate this Agreement forthwith if: -
a) the Client fails to make payment under this Agreement on the due date;
b) the Client is in breach of this or any other Agreement with The School Grounds Company Ltd
c) without notice if the other party commits any material breach under these General Terms and Conditions
d) the Client commits an act of insolvency, has a petition for bankruptcy order presented against it or enters into any composition with its creditors
6.2 Upon termination the Client is responsible for payment of all Fees and expenses relating to Services already completed and due for completion during the notice period.
Neither of the parties shall be liable to the other in respect of any claim arising under any contract, where the same arises by reason of any act or cause beyond the reasonable control of either party.
These General Terms and Conditions and any contract between the Company and the Client incorporating the same shall be governed and construed exclusively in accordance with English Law.
Additional Terms and Conditions of Business for annual Conservation Management Contracts and Grounds Maintenance Contracts
1. This is an Agreement for a Conservation Management/Grounds Maintenance Service, the Scope of Work which is defined in the Contract. All visits or call outs over the programmed visits, to attend to work outside the Scope of Work or attend to emergency situations, will be charged in addition to the Annual Charge at prevailing rates.
2. The School Grounds Company Ltd shall have the right at any time following the anniversary of this Agreement to increase the Annual Charge by such reasonable amount as shall reflect increased costs payable by The School Grounds Company Ltd but at no time will any increase exceed the annual yearly increase in the average earnings (whole economy; actual index plus 1.5%).