WATERLAND MANAGEMENT LIMITED

 

TERMS AND CONDITIONS

 

1. Definitions

In these Terms and Conditions the ‘Company” means Waterland Management Limited. The “Customer” means the company, unincorporated association person or firm from whom any order is accepted or to whom any quotation is submitted.

 

2. Contracts

All contracts for aquatic weed treatment application and/or supply of herbicide or chemical products or other products howsoever made or constituted are subject to and shall be deemed to incorporate these Terms and Conditions. Where these Terms and Conditions are inconsistent with any specific written term(s) or condition(s) incorporated in a written quotation the specific term(s) or condition(s) shall prevail over these Terms and Conditions to the extent only that may be necessary to give effect to the specific written term(s) or condition(s).

 

Any terms and conditions (other than these Terms and Conditions or any term(s) and condition(s) incorporated in a written quotation referred to by the Customer or attempted or alleged to be incorporated in any contract are expressly excluded unless the same  are expressly accepted in writing by the Company and any conditional or purportedly conditional acceptance of any question submitted by the company shall be deemed to be an unconditional acceptance thereof. The commencement of application or the delivery of products shall constitute a ratification and adoption of these Terms and Conditions.

 

All contracts between the company and the customer are subject to and shall be construed in accordance with the laws of England.

 

A contract between the company and the customer shall only come into effect upon the receipt by the company of a signed written acceptance of a quotation submitted to the customer by the company, Where any acceptance is signed by a person on behalf of the customer that signature shall constitute a warranty by the signatory of his authority to sign the same on the behalf of the customer.

 

In the event of any of these Terms and Conditions or any part of them being or becoming void or unenforceable for whatever reason such Term or Condition (or the appropriate part) shall be deleted insofar only as the same may be necessary to exclude such invalidity or unenforceable and the remaining Terms and Conditions hereof shall continue in full force and effect.

 

3. Site access

The customer will provide or will secure the provision to the company of such access to the area to be treated as the company may require on such occasions and at such times as the company may require. Where access may only be obtained with the consent or approval of any third party the customer shall secure such consent or approval at its own cost and expense.

 

4. Aquatic herbicide application

Aquatic herbicides and other chemicals or products will be applied in accordance with information provided and recommendations issued by the manufacturer and/or distributor of the herbicide or chemical or other product.  The guidelines set out in the “Guidelines for the use of Herbicides on Weeds in or near Watercourses and Lakes” published by Defra will be followed. In the case of applications to rivers, river systems, reservoirs or watercourses which are the responsibility of The Environment Agency in England and Wales (or Scottish Environmental Protection Agency), or any such regulatory authority deemed appropriate at the time o fany contractualk obligation.  Any application will be made in accordance with any regulations procedures guidelines or recommendations laid down by such Agency.

 

The company will notify the Environment Agency in England and Wales (or Scottish Environmental Protection Agency) where such notification is required.

 

5. Effectiveness of treatment

Herbicides or chemicals , or other prducts will be applied in accordance with the best prevailing practice at the time of application and in accordance with the recommendations of the manufacturer and/or distributor thereof and in accordance with the matters referred to in the immediately preceding paragraph. Likewise any statements as to the effectiveness or longevity of any treatment will be based upon information made available to the Company by the manufacturer and/or distributor of the herbicide or chemical and will be given in good faith. However, it is acknowledged that the efficacy of any particular treatment will be affected by matters (e.g. climatic and water conditions) outside of the control of the Company and accordingly the Company is not able and does not guarantee the efficacy of any particular treatment.

 

Any visits made or treatments undertaken other than those specified in the quotation will be charged for.

 

6. Delay

Time is not of the essence for the performance of any contract by the Company. The Company will use its best endeavours to adhere to any timetable set out in or treatment dates specified in the quotation but in the event that the Company is unable to adhere thereto for any reason whatsoever the Company will not thereby incur any liability to the Customer for such delay or any loss or damage arising therefrom.

 

7. Payment

Invoices will be submitted by the Company to the Customer forthwith upon the completion of the treatment or (where the treatment involves more than one application) upon the completion of each application. Payment will be due upon the presentation of the invoice and the payment shall be made at the offices of the Company free of any deductions or charges. The Company reserves the right to charge interest on any amounts remaining unpaid after 60 days at the rate of 25% over the Base Rate of HSBC Bank for the time being such interest to accrue from day to day.

 

8. Herbicides and Chemicals

(i)The Company shall take all reasonable steps to ensure that herbicides and/or chemicals which are applied are purchased from a reputable manufacturer and/or distributor and are consequently of merchantable quality. However, The liability of the Company to the Customer for any act, omission, default or failure on the part of the Company or for any failure or lack of efficacy of the herbicides or chemicals or for any other reason whatsoever shall not exceed the contract price and under no circumstances will the Company be liable for any consequential loss or damage or for any damage suffered or claims made or costs or expenses of any third party and the Customer shall indemnify the Company against the same. The efficacy of any treatment undertaken by the client using chemicals, adjuvants, herbicides or other products supplied by teh Company shall not be guranteed and no compensation will be available from the Company for any lack of efficacy, nor will the Company be held liable for any direct or third party losses due to applications of such products  not made by the Company or staff appomted by the Company.

 (ii)The Customer shall if so required by the Company make available for the use of the Company at a place close to and accessible from the water to which the applications is to be made a secure storage place where the Company may store herbicides and/or chemicals.

 

9.  Force Majeur

The Company shall not be liable for any loss or damage caused by delay or non-performance of any obligation on the part of the Company where the delay or non-performance is due to causes beyond the Company’s control.

 

Effective 1st January 2011