General Terms & Conditions
Updated November 2022
These terms and conditions are in relation to business and work carried out by Harper Hill Grounds Ltd.
1) Introduction
A contract is formed between a customer (referred to as the “Customer”, “Client” or “You”) and Harper Hill Grounds Ltd (referred to as the “Company”, “Harper Hill Grounds Ltd”, “Harper Hill Grounds & Gardens”, “Us” or “We”) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
Business contracts and customers are referred to as "Business", "Commercial" or "B2B. Consumer contracts are referred to as "Consumer", "Domestic" or "B2C".
2) Supply
The Company agrees to supply the product(s) and/ or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
3) Rights Reserved
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
4) Payment and Title
4.1 Consumer Customers: Payment by the Customer is due on completion of the Works. Payment must be made on such completion.
4.2 Consumer Customers: We will seek to submit invoices to the Customer within 14 days of completion of the Works and payment must be made by the Customer upon receipt of the date of issue of the invoice.
4.3 Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to us without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 30 days of completion, at the expiry of such 30 day period.
4.4 Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless we have agreed otherwise in writing.
4.5 In the case of Consumer Customers, we will be entitled to interest on a daily basis on any amount not paid 14 days after the due date on the invoice. Interest on all outstanding amounts, until payment in full, will be at 4% above the Bank of England base rate per annum as published on the day interest is calculated.
If no attempt at payment has been made after 45 days, we will communicate, in writing, our intention to pass on the debt to a collection agency. We will word any such correspondence under the guidelines of the Money And Mental Health Policy Institute to minimise distress to debtors.
If no attempt at payment has been made after 60 days, the debt will be passed onto a collection agency.
Charges as may also be incurred by any collection agent appointed by Us (with a minimum of £40 plus VAT in the case of amounts below £1,000 and a minimum of £75 plus VAT in the case of amounts of £1,000 or more).
In the case of Commercial Customers, we will apply all relevant interest and charges as applicable under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented from time to time by Government legislation or regulation. At time of writing, the interest on overdue amounts, is at an annual rate of 8% above the Bank of England base rate as published on the date payment is due, calculated daily.
Title in the goods or services shall remain with the Company until full payment has been received, unless otherwise stipulated in the Order.
4.6 We shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
4.7 Title in all parts, materials and other items supplied by us shall not pass to the Customer until payment for the Works has been made in full.
5) Health & Safety
The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
6) Work Description
Unless otherwise agreed, the Customer accepts the Company’s decision on any changes within the product(s) or service(s).
7) Booking Fee/Cancellation
If requested by the Company, monies paid by the Customer to reserve the product(s) or service(s) of the Company will be accepted as a Booking Fee. If the Customer cancels the order less than 8-weeks prior to the Company supplying the product(s) or service(s), the Customer will be liable for the whole invoice value less any Booking Fee already paid. If the Customer cancels their Order more than 8-weeks prior to the Company supplying the product(s) or service(s), they shall forfeit the Booking Fee.
8) Liability
The Company accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the Company being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
9) Copyright
Unless otherwise stated in the Order, the Company retains copyright in all their Original Material. Original Material includes products or creative productions of their service video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
10) Data Protection
The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video or photo as a result of the Company supplying the product(s) or service(s) – and that such recordings are compliant with Data Protection. The Company has the right to record, store and distribute any video, photo and audio data on its premises and on the premises or private property of any customer they are currently providing a service to for security and marketing purposes, unless agreed otherwise.
11) Complaints Procedure
In the unlikely event of a dispute over the supply of product(s) or service(s), any disputes must be notified within 28-days of the Customer receiving the product(s) or service(s).
12) Care and Damage to client property
Whilst every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst services are being carried out at a Customer’s property. Liability for such loss or damage will be limited to the replacement or repair cost of the damaged property.
13) Right of Assignment
The Company retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.
14) Expenses
The Company retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.
15) Confidentiality
Unless otherwise agreed the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the product(s) or service(s).
16) Basis of law
These Terms and Conditions and any accompanying letter, invoice and/or contract are governed by the laws of the United Kingdom.
For further information about these terms and conditions, please contact us at info@harperhill.co.uk