1. These are the terms and conditions of sale of Tillers Turf Company Limited (“Tillers”).
All goods sold and all orders taken are subject to these conditions. No variations of these conditions shall be of effect unless agreed by a Director of Tillers in writing. No conditions of purchase or other conditions of general application of the customer shall apply to any goods sold by Tillers.
2. Conditions of Sale
It is a condition of sale of the goods sold that they remain the absolute property of Tillers until the total amount due in respect thereof has been paid.
3. Price
a) All prices quoted are subject to alteration without notice up to the point at which an order is taken. Thereafter the price will remain fixed.
b) Value Added Tax is not included in the price and will be charged separately.
4. Payment
a) Payment of the full amount charged for turf plus associated services is to be made prior to the collection or delivery of the goods unless customers have opened an account with Tillers. Customers wishing to open an account should complete the Account Application Form.
b) Payment must be made by customers with accounts by the last day of the month following the month in which the invoice was dated.
5. Credit Charge
Tillers Turf reserve the right to charge interest and debt recovery costs from customers whose accounts become overdue in accordance with government guidelines and late payment legislation.
6. Cancellation
Orders may be cancelled without penalty provided notice of at least 48 hours for UK orders and 5 working days for Overseas orders is given prior to the previously arranged collection or delivery. Otherwise the customer will be charged in full.
7. Delivery Dates
Tillers will endeavour at all times to deliver goods ordered within a reasonable time. Where, however, due to circumstances beyond the company’s control, delivery is delayed, Tillers will not be liable for any damages resulting. If for any reason Tillers is unable to make delivery of the whole of the amount ordered, the terms and conditions here set out will still apply to the part of the order completed, as they would have applied to the whole.
8. Exclusion of Liability
a) Once a customer has accepted goods supplied by Tillers, the company will have no further liability for the goods or for any damages connected with their use. A Customer will be deemed to have accepted the goods unless, within 3 days of delivery, Tillers has been informed in writing of any alleged defect. In any event, the limit of Tillers’ liability will be to replace the defective goods (subject to 8.b. below) and will not extend to consequential damage, expenses or loss of any other kind.
b) Tillers will not be responsible for any defects in the goods arising from improper treatment, laying or maintenance by the customer.
c) Notwithstanding 2 above, any liability arising to third parties or other risk in respect of goods sold will be for the customer’s account after delivery.
9. Annual Meadow Grass
Whilst the Company takes every care to ensure that the presence of Poa Annua (annual meadowgrass) is kept to a minimum, the Company does not guarantee that any turf is free of this grass species on delivery, either post or pre-emergent.
The above excludes our Poa Annua / Bent greens turf, where the Poa Annua forms an integral part of the sward.
10. Pests
Whilst the Company takes every care to control the presence of pests, most notably Chafer species, Cranefly Larvae (Leatherjackets), Bibionid Fly Larvae, Earthworms and Nematodes, the Company cannot guarantee that any turf is free from these pests in any form upon delivery.
11. Diseases
Whilst the Company takes every care to control the presence of turf and soil borne diseases, the company cannot guarantee that any turf is free of disease pathogens or other soil or turf related infections upon delivery.
12. Stones in New Turf
Whilst the company takes every care to select fields that are free, or virtually free of any stone content, we cannot guarantee that any turf is free from their presence in any form.
13. Product Specification
a) Any advice and information given by Tillers relating to the characteristics and suitability of its goods for particular application is for guidance only and accordingly no warranty in this regard is given, whether express or implied. Customers should satisfy themselves that any turf ordered is suitable for its intended use, and they are welcome to inspect the growing turf at Tillers’ nurseries for this purpose.
b) Tillers reserve the right to alter the mixture of seed used to produce turf without notice. A change, which does not materially affect the suitability of the turf for its specified use, shall not constitute grounds for any claim by the customer.
c) Sizes, weights and measures quoted for goods may vary due to the nature of the product.
13. Wildflower Turf
a) All photos displayed on our website are for illustrative purposes only, and therefore may not be representative of the customers own site-specific establishment of the wildflower turf purchased.
b) Whilst the Company takes every care to avoid the presence of other wildflower or grass species within any wildflower turf products, the company cannot guarantee the turf free from their presence, in either seed or germinated form on delivery.
c) All wildflower Turf varieties will establish differently depending on location, soil type, environmental conditions and ongoing maintenance. The Company cannot guarantee the establishment or sustainability of all species within any specific mix.
d) The Company cannot accept liability for the loss of plant composition due to the dominance of an individual plant species.
e) All species compositions for all wildflower products on our website are for guidance purposes only. The Company reserves the right to change species composition without notice.
f) Customers should satisfy themselves that any wildflower turf ordered is suitable for its intended use, and they are welcome to inspect the growing wildflower turf at Tillers’ nurseries for this purpose.
g) The Company cannot be held responsible for the deterioration of any wildflower turf product including Flora Aqua, caused by sustained periods of flooding and excessive water logged conditions.
14. Installation of Turf
The condition of all turf can deteriorate when rolled up, particularly during periods of warm weather. Tillers Turf advise that all turf should be laid immediately following and on the day of delivery. We advise resourcing sufficient labour to achieve this and that site preparation is complete to avoid any delay. If this is not going to be possible then Tillers Turf advise that all turf is rolled out, grass side up, in a cool, dry area and watered if necessary prior to laying. Tillers Turf will not be held liable for any deterioration in turf condition beyond the day of delivery