Website Terms and Conditions of Use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Brooks Gardening Limited relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Brooks Gardening Limited’ or ‘us’ or ‘we’ refers to the owner of the website whose office is 58 West Hill, Epsom Surrey KT19 8LF.

The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only.

It is subject to change without notice. This website uses cookies to monitor browsing preferences.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.


 

COOKIE POLICY

Welcome to our Cookie Policy which has been created in accordance with the EU Cookie Law. To find out more about the EU Cookie Law please visit the UK governments Information Commissioner’s Office page:  www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/the_guide/cookies

In this section we will explain what cookies are, the different types of cookies that exist, what cookies are used on this website and how you can enable or disable cookies.

What are cookies?

Cookies are small text files which are stored on your computer when you visit certain web pages. Cookies make the interaction between users and websites faster and easier which makes the browsing experience more efficient and enjoyable.

The different types of cookies:

(1) Strictly necessary – These cookies are essential for certain features of a website to work, for example filling up a shopping cart and remembering preferences or registration details for a future visits.

(2) Performance – These cookies are used to collect anonymous information about how a website visitor uses a website.

(3) Functionality – These cookies are used to provide services or remember settings to enhance your visit for example text size, other preferences or social media buttons and widget integration.

The different types of cookies we use on this website:

Cookie Name(s)    Cookie Type          Details

__utma, __utmb,

__utmc, __utmv, __utmz        Performance

This website uses Google Analytics, a tool which uses cookies to provide us with information on how people use our website. This information helps us to analyse the performance of the site so we can make improvements. These cookies do not collect information that identifies individual visitors to the website. All information these cookies collect is aggregated and is therefore anonymous. www.google.com/analytics/learn/privacy.html

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

N_T, GAPS, GZ, SSID, APISID, SAPISID, NID, SNID, PREF, SS, SID, docsperf, MPRF, HSID, khcookie, S_adsense                 Functionality          This website uses a Google +1 widget, a tool which allows visitors to share a web page on their Google+ account. We do not use this data ourselves – it is purely for use by the Google widget.

www.google.com/intl/en_uk/policies/privacy/

__utma, __utmb, __utmv, __utmz, guest_id, k, twll, activity_modal_dismissed, external_referer, js              Functionality

This website uses a Twitter widget, a tool which displays Twitter updates from our company Twitter account. These cookies allow users with a Twitter account to interact with the displayed conversation. We do not use this data ourselves – it is purely for use by the Twitter widget.

https://twitter.com/privacy

Managing cookies:

What happens if I don’t allow cookies?

If cookies aren’t enabled on your computer, tablet or mobile, your experience on the website may be limited.

How do I disable or enable cookies?

In order to disable or enable cookies from your device, you will need to do this via your Internet browser. We have explained how you may manage cookies on your computer via some of the main Internet browsers below. For information on how to manage cookies your tablet and/or mobile, please consult your documentation or online help files.

Google Chrome

In the settings menu, select ‘show advanced settings’ at the bottom of the page Select the ‘content settings’ button in the privacy section The top section of the page that then appears tells you about cookies and allows you to set the cookies you want. It also allows you to clear any cookies currently stored.

Mozilla Firefox

In the tools menu, select ‘options’ Select the privacy tab in the options box From the drop down choose, ‘use custom settings for history’. This will bring up the options for cookies and you can choose to enable or disable them by clicking the tick box.

Microsoft Internet Explorer

In the tools menu, select ‘Internet options’ Click the privacy tab You will see a privacy settings slider which has six settings that allow you to control the number of cookies that will be placed: Block All Cookies, High, Medium High, Medium (default level), Low, and Accept All Cookies.

Apple Safari

In the settings menu, select the ‘preferences’ option Open the privacy tab Select the option you want from the ‘block cookies’ section

All other browsers

For information on how to manage cookies via other browsers, please consult your documentation or online help files.

More Information:

For more information about Cookies please visit the About Cookies website: www.aboutcookies.org.


 

Website Privacy Policy

This privacy policy sets out how Brooks Gardening Limited uses and protects any information that you give Brooks Gardening Limited when you use this website.

Brooks Gardening Limited is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Brooks Gardening Limited may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from October 1st 2012.

What we collect

We may collect the following information:

name and job title

contact information including email address

demographic information such as postcode, preferences and interests

other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.

We may use the information to improve our products and services.

We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.

if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at brooksgardening@gmail.com.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 58 West Hill, Epsom Surrey KT19 8LF.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.


 

BROOKS GARDENING Limited TERMS AND CONDITIONS OF TRADING

APPLICATION OF THESE TERMS AND CONDITIONS

These Terms and Conditions apply to all supplies of goods and/or services or any part of either of them provided by Brooks Gardening Limited to the Client unless otherwise agreed in writing by a duly authorised representative of Brooks Gardening Limited.

LIMITATION OF LIABILITY

As with all businesses we have to take account of things going wrong.  Accordingly these terms and conditions do limit our liability in such events.  It is important that you read and understand the limitations of liability contained in these Terms and Conditions.

TERMINOLOGY

Brooks Gardening Limited (the Company) is hereby referred to as ‘BROOKS GARDENING LIMITED in the following Terms and Conditions.

The Client (a Client who is dealing with Brooks Gardening Limited in the course of its business or as a layperson) is hereby referred to as ‘The Client’ in the following Terms and Conditions.

 

  1. QUOTATIONS

(A)  Any quotation given by Brooks Gardening Limited will only be binding if given in writing on BROOKS GARDENING LIMITED note paper by an employee of BROOKS GARDENING LIMITED, and the quotation has not expired.  A written quotation will be based on samples and materials provided and on the basis of instructions given by the Client.  BROOKS GARDENING LIMITED reserves the right to amend any such quotation to reflect any incomplete, inaccurate or changed instructions or samples or materials given by the Client.  Any verbal quotation is an estimate only and will not be binding unless and until confirmed by BROOKS GARDENING LIMITED in writing.  Any quotation is valid for a period of 14 days only from its date of issue by BROOKS GARDENING LIMITED (provided that BROOKS GARDENING LIMITED has not previously withdrawn it and subject to the provisions of condition 3 below) and shall be deemed to be an offer by BROOKS GARDENING LIMITED to provide goods and/or services upon these terms and conditions to the Client.  Any order made in respect of a written quotation shall be deemed to be an acceptance of the offer set out in that written quotation by the Client.

(B) The Client must ensure that any quotation it wishes to accept, is in order and any applicable specifications are complete and accurate.

(C) (i) Subject to condition 3(B) a  Client may not cancel an order which BROOKS GARDENING LIMITED has accepted except with the agreement in writing of BROOKS GARDENING LIMITED, and any Client cancelling any order hereby agrees to indemnify BROOKS GARDENING LIMITED in full against all losses (including loss of profits) costs (including the costs of all labour and materials used until the date of cancellation), damages, charges and expenses incurred by BROOKS GARDENING LIMITED as a result of the cancellation.

(ii) BROOKS GARDENING  LIMITED may cancel an order at any time prior to delivery upon notice to the Client whereupon a refund of any monies paid for the relevant goods and/or services will be made.

PRICE

(D) The price payable will (subject to condition 2 below) be as stated in BROOKS GARDENING LIMITED’S written quotation and/or the order as accepted.

(E) The price payable (unless specifically stated otherwise) is exclusive of:

(i) any costs of carriage of goods

(ii) any value added tax or other applicable sales tax or duty, which shall be added to the sum in question.

 PAYMENTS

(F) Payments are due 7 days from the invoice date. Late payments will be subject to a compensation payment plus interest charged at 8% above the Bank of England base rate.

 DEPOSITS

(G) Deposits are to be received 7 days before the work is carried out with the first deposit to be made at 50% of the price quoted.

CANCELLATIONS

(H) Cancellations within 48 hours of when the work is due to start may be charged with a 25% charge of the quoted price.

 PRELIMINARY or PREPARATORY WORK

(I) For the avoidance of doubt, all works, services or goods supplied at the Client’s request including work and/or services of a preliminary or preparatory nature unless specifically stated otherwise are provided on the basis that they will be charged for.

  1. PRICE VARIATIONS

(A) If there is any increase or decrease in the cost to BROOKS GARDENING LIMITED in providing/fulfilling the order due to:

(i) any factor beyond the reasonable control of BROOKS GARDENING LIMITED; this includes (without limitation) increase in the cost of materials and other production costs;

(ii) any change in delivery, dates, quantities or specifications for the order requested by the Client;

(iii) any delay caused by any instructions of the Client or failure of the Client to give BROOKS GARDENING LIMITED adequate information or instructions or a failure by the Client to take delivery;

(iv) additional costs incurred as a result of materials provided by the Client proving unsuitable, the price/quotation shall be recalculated to take account of the resulting increased or decreased cost of meeting/fulfilling the order.

(B) Notwithstanding the provisions of 2(A) above:

(i) in the case of all Clients, the relevant price/quotation shall only be adjusted upwards if, before BROOKS GARDENING LIMITED has incurred the additional cost, it has notified the Client in writing of any increase and has given the Client the right to withdraw from the order within three days of receipt of such notice, in default of which it shall be deemed to have accepted the revised price and BROOKS GARDENING LIMITED shall be entitled to invoice the Client for all works, services or supplies carried out and/or made before the date of such cancellation.

  1. DELIVERY, PAYMENT AND RISK

(A) Delivery of goods and/or provision of services shall be made at the Client’s premises or such other place as agreed by the parties in writing.  The Client will take delivery of the goods and/or services within 7 days of BROOKS GARDENING LIMITED giving it notice that the goods and/or services are ready for delivery/completed.

(B) Any dates specified by BROOKS GARDENING LIMITED for delivery of the goods or performance of the services are approximate only and may not be made of the essence unless specifically agreed by BROOKS GARDENING LIMITED as such in writing.  If no dates are specified, delivery will be within a reasonable time limit.

IMPORTANT

(C) Subject to the other provisions of these conditions BROOKS GARDENING LIMITED shall have no liability to the Client for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of goods and/or provision of services.

(D) In the case of any Clients, any delay or failure in delivery or performance will not entitle The Client to cancel the order unless and until the Client has given 7 days prior written notice to BROOKS GARDENING LIMITED requiring delivery or performance to be made within a reasonable period and BROOKS GARDENING LIMITED has not fulfilled the delivery or performed within that period.  If the Client cancels the order in accordance with this condition 3(D) then:

(i) BROOKS GARDENING LIMITED will refund to the Client any sums which the Client has paid to BROOKS GARDENING LIMITED  in respect of that order (or part order) which has been cancelled;

(ii) the Client will be under no liability to make any further payments under condition 3(F) in respect of the order (or part order) which has been cancelled.

(E) If the Client fails to take delivery of goods when they are ready for delivery or to provide any instructions, documents or authorisations required to enable the goods to be delivered on time (except where BROOKS GARDENING LIMITED are at fault) risk in goods will pass to the Client and the Client hereby agrees to fully insure the same, the goods will be deemed to be delivered and (without prejudice to its other rights) BROOKS GARDENING LIMITED may store or arrange for the storage of the goods until actual delivery and charge the Client for all related costs and expenses (including, without limitation, storage and insurance) it incurs.

(F) BROOKS GARDENING LIMITED may invoice the Client:

(i) for goods and/or services provided when or at any time after notifying the Client that the goods are ready for delivery;

(ii) for services provided on or at any time after performance of the service commences;

(iii) notwithstanding the provisions of 3(F)(i) and (ii), in the event that an order is suspended or delayed as a result of any act or omission on the part of the Client for a period in excess of 30 days, for any part of the order which has been processed/delivered and/or performed.

(G) Payment is due in pounds sterling, or such other currency agreed in advance by BROOKS GARDENING LIMITED in writing, immediately after issue of such invoice and BROOKS GARDENING LIMITED shall be entitled to recover the payment notwithstanding delivery may not have taken place and legal title has not passed to the Client (except in the case of approved credit account Clients with whom alternative arrangements have been agreed in writing by BROOKS GARDENING).  Time of payment shall be of the essence.

(H) All sums payable to BROOKS GARDENING LIMITED under any order shall become due immediately upon termination/cancellation of the order.

(J) All payments to be made by the Client under the order shall be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim.

(K) If the Client fails to make any payment when payment is due then without prejudice to any other right or remedy available to BROOKS GARDENING LIMITED, BROOKS GARDENING LIMITED shall be entitled to:

(i) cancel the order or suspend performance of the order

(ii) appropriate any payment made by the Client as BROOKS GARDENING LIMITED may think fit (notwithstanding any purported appropriation by the Client)

(iii) charge the Client with all costs and expenses involved in collecting the overdue payment together with interest (both before and after any judgement) on the amount unpaid at the rate of 2% per month above Barclay’s Bank plc base rate or such higher rate as provided for by legislation from the due date until payment is made in full (part of a month being treated as a full month for the purpose of calculating interest)

(iv) sell all items held by BROOKS GARDENING LIMITED and which belongs to the Client;

(L) Legal title in the Goods shall not pass to the Client until BROOKS GARDENING LIMITED receives payment in full (in cash or cleared funds) of all sums whether in respect of the goods, services or otherwise due owing or incurred including VAT.  Until the legal title passes the Client shall hold the goods on a fiduciary basis as BROOKS GARDENING LIMITED Bailee and shall store the goods (at no cost to BROOKS GARDENING LIMITED) separately from all other goods of the Client or any third party in such a way that they remain readily identifiable as BROOKS GARDENING LIMITED property.  Where the Client’s right to possession has terminated the Client grants BROOKS GARDENING LIMITED, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored to recover them.  On termination of the contract, howsoever caused, BROOKS GARDENING LIMITED (but not the Client’s) rights contained in this condition 3 shall remain in effect.

  1. WARRANTY

(A) Where BROOKS GARDENING LIMITED is not the producer of the goods ordered or provider of the ordered services BROOKS GARDENING LIMITED will endeavour to transfer to the Client the benefit of any warranty or guarantee given to BROOKS GARDENING LIMITED.

(B) BROOKS GARDENING LIMITED warrants that (subject to the other provisions of these terms and conditions) upon delivery;

(i) any goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1994;

(ii) any services will be performed by appropriately qualified and trained personnel, with reasonable care and diligence.

(C) The Client warrants to BROOKS GARDENING LIMITED that it owns all materials provided to BROOKS GARDENING LIMITED and all intellectual property rights in them and that the materials provided by the Client do not infringe any intellectual property rights of any third party and would not, if used in or in relation to the sale of any material to be produced by BROOKS GARDENING LIMITED or the provision of any service infringe any intellectual property rights of any third party.

(D) Upon delivery the Client shall be required to check the goods and/or services immediately for any immediately apparent defects.  BROOKS GARDENING LIMITED shall not be liable for a breach of the warranty in condition 4(B) unless the Client gives written notice of any apparent defect to BROOKS GARDENING LIMITED within 7 days of the date of delivery and BROOKS GARDENING LIMITED is given a reasonable opportunity after receiving the notice of examining such goods and the Client (if asked to do so by BROOKS GARDENING LIMITED) returns such goods to BROOKS GARDENING LIMITED place of business for the examination to take place there.

(E) If the Client makes a valid claim against BROOKS GARDENING LIMITED based on a defect in the quality of goods, BROOKS GARDENING LIMITED shall at its option repair or replace such goods (or the defective part) or refund the price of such goods at the relevant proportion of the price paid or payable.  If BROOKS GARDENING LIMITED complies with this condition it shall have no further liability for a breach in warranty in condition (B) in respect of the quality of such goods.

(F) for goods and/or services provided to the Client then:

(i) to the maximum extent permissible in law, all conditions and warranties which are implied by statute or otherwise by general law into this contract in relation to goods or services are hereby excluded;

(ii) under no circumstances shall BROOKS GARDENING LIMITED be liable for any business-related loss (which includes without limitation, any loss of contract; loss of profits, loss of revenue or loss of anticipated savings in expenditure) as a result of either BROOKS GARDENING LIMITED breach of contract or BROOKS GARDENING LIMITED negligence or otherwise.

(G) Nothing in conditions 4(F) excludes, or attempts to exclude, BROOKS GARDENING LIMITED liability in respect of death or personal injury caused by BROOKS GARDENING LIMITED negligence.

(i) The total liability of BROOKS GARDENING LIMITED to the Client in contract, tort (including negligence or breach of statutory duty), statute or otherwise (other than for death or personal injury arising due to the negligence of  BROOKS GARDENING LIMITED, its employees or agents), in connection with the performance or contemplated performance of the order shall be limited for Business Clients to the price quoted and for Consumer Clients to twice the price quoted.

  1. PERMISSIONS

(i) The Client will obtain all necessary permissions needed for the works such as

Conservation area consent

Listed building consent

Protected tree consent

And any other permission(s) that is/are needed. BROOKS GARDENING LIMITED will not be liable for the Clients’ failure to obtain the required permission(s).

(ii) The Client will be responsible for indicating fence and boundary lines. Should these lines prove to be incorrect BROOKS GARDENING LIMITED will not be liable for any error on the client’s part.

(iii)T he Client will inform BROOKS GARDENING LIMITED of all services such as electric, gas, water etc. If any services are damaged that have not been indicated by the client, BROOKS GARDENING LIMITED will not be liable for such damages or repair thereof.

By agreeing to use Brooks Garden Limited you will be allowing them permission to use photos of your garden in all types of media. 

  1. CLIENT’S OWN MATERIALS

(A) BROOKS GARDENING LIMITED may reject any unsuitable materials supplied or specified by the Client and BROOKS GARDENING LIMITED reserves the right to refuse to undertake any works, services or supplies using unsuitable materials which may render the final work unsafe.

(B) Any Client’s materials supplied to BROOKS GARDENING LIMITED remain at the Client’s risk and BROOKS GARDENING LIMITED accepts no liability for damage, destruction of loss thereof. It is the responsibility of the Client to ensure that such items are covered by their own insurance.

(C) BROOKS GARDENING LIMITED shall have a lien over any materials supplied to it by the Client against payment of all monies due to it by the Client from time to time and shall be entitled (if any sum is not paid on the due date) to dispose of such property as BROOKS GARDENING LIMITED shall in its discretion think appropriate towards settlement of the sums due, subject to reasonable notice having been given to the Client of their intention to dispose of such property.

  1. DATA PROTECTION

(A) The Client warrants, in compliance with the Data Protection Act 1998, and any other relevant legislation, that it has obtained all necessary consents from data subjects for the use of such data subjects’ personal data which it requires BROOKS GARDENING LIMITED to process in the provision of goods and/or services.

(B) BROOKS GARDENING LIMITED shall only process such personal data for the purpose of providing the services and/or goods in respect of the order.

  1. INSOLVENCY

The order will terminate immediately should the Client become insolvent, fail or become unable to admit in writing their inability to pay their debts, institute or have instituted against them proceedings seeking a judgement of insolvency or bankruptcy; have a resolution passed for its winding up or liquidation; seeks or becomes the subject of the appointment of an administrative receiver or similar official in respect of its assets; enter into any arrangement or composition with its creators; cease or threaten to cease to carry on any significant part of its business; suffer a change of management or ownership which BROOKS GARDENING LIMITED deems to be against its interests.

  1. TERMINATION

(A) Any order may be terminated by either party at any time by notice in writing if the other party, being an individual or partnership has a statutory demand or bankruptcy petition issued against him or any partner or applies to the court for an interim order under the Insolvency Act 1986 or makes a proposal for an individual voluntary arrangement under that legislation or being incorporated:  goes into compulsory or members voluntary liquidation or passes a resolution for voluntary winding up or its directors convene a meeting of shareholders for that purpose; or has an administrative receiver or receiver appointed over all or any part of its assets or undertaking; or is the subject of any judgement or order made against it which is not complied with within 7 days or is the subject of any execution, distress, sequestration or other process levied upon or enforced against any of its assets; or has any action, step, legal proceedings or other procedure taken in respect of it by its directors, shareholders, bankers, creditors or any person seeking to appoint a liquidator or an administrator or takes any such act or step itself; or has proposed in respect of it a company voluntary arrangement pursuant to the Insolvency Act 1986 from time to time; or ceases or threatens to cease to carry on business; or gives the terminating party reasonable grounds for believing that it (the other party) is unable to meet its debts as they fall due within the meaning of Section 123 of the Insolvency Act 1986 as amended.

(B) If the Client is in breach of any of its obligations under these terms and conditions then BROOKS GARDENING LIMITED may without prejudice to any of its other rights immediately suspend the performance of any order placed by the Client and shall be entitled to charge the Client, and the Client shall immediately become liable to pay for any works, services and supplies already carried out (whether completed or not) including the cost of any materials purchased on behalf of the Client.

  1. WAIVER

Failure or delay by BROOKS GARDENING LIMITED to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.

  1. ILLEGALITY AND SEVERANCE

If any provision of these terms and conditions is held by a competent authority to be invalid or unenforceable in whole or in part then that provision shall, to the extent required, be severed from the order and shall be ineffective without as far as possible modifying any other provision or part of the order and this shall not affect any other provisions of the order which shall so far as is reasonably possible remain in full force and effect.

  1. ENTIRE AGREEMENT

(A) These provisions constitute the entire agreement between BROOKS GARDENING LIMITED and the Client and replace all prior agreements, understandings, statements and communications between BROOKS GARDENING LIMITED and the Client, unless agreed in writing and signed and dated by both parties as a variation to these provisions.

(B) The Client acknowledges that he has not relied on any representations or warranty not contained in these conditions.

(C) It is expressly provided that nothing in these conditions shall exclude any liability of BROOKS GARDENING for fraudulent misrepresentations.

  1. FORCE MAJEURE

BROOKS GARDENING LIMITED will make every effort to carry out the Client’s instructions and the order but shall be under no liability if unable to carry out any provision of the order for any reason beyond BROOKS GARDENING LIMITED reasonable control (without limiting the foregoing) including the inability to secure labour, materials or supplies, breakdown of machinery, or as a result of the Act of God, war, labour dispute, fire, flood, drought, legislation, failure of power supply or any other cause beyond BROOKS GARDENING LIMITED reasonable control.  During the continuance of such instance of Force Majeure the Client may by notice in writing to BROOKS GARDENING LIMITED elect to terminate the order and pay for works, services and/or supplies provided or used up to such notice but subject thereto shall otherwise accept delivery when available.

  1. SUB-CONTRACTING

BROOKS GARDENING LIMITED may assign, licence or subcontract all or any part of its rights or obligations under the order.

  1. GOVERNING LAW
  2. The formation, existence, construction, performance, validity and all aspects whatsoever of the order or of any term of the contract shall be governed by English Law.  The English Courts shall have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with the order.
  3. CONSUMER RIGHTS

These terms and conditions do not and will not affect the statutory rights of a Consumer Client.  No provision which would be void by virtue of Sections 6 or 20 of the Unfair Contract Terms Act 1977 (as amended) or by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1994 shall apply to any order made by a Consumer Client.

  1. THIRD PARTY RIGHTS

No person who is not a Client shall have any rights pursuant to the Contracts (Rights and Third Parties) Act 1999.

 

 

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