General Terms and Conditions
Argo Irrigation Standard Terms and Conditions of Contract
Definitions:
“Argo” means Argo Irrigation of Unit 8a W & G Estate, Faringdon Road, East Challow, OX12 9TF
“Client” means the person or organisation requiring the Services;
“Contract” means an the agreement between Argo and the Client for the Services and comprises the quotation and these terms and conditions; and
“Services” means the irrigation services described in the quotation.
Upon receipt of Client’s acceptance of the quotation, Argo will schedule and discuss commencement dates. In the event of any delay by the Client in the agreed commencement date the Client will be invoiced for any costs incurred by Argo as the result of the delay.
If the Client cancels the Contract prior to the agreed commencement date any costs incurred by Argo specifically for the Services at the date of cancellation will be charged to the Client.
In the event of termination of the Contract by the Client following the commencement date Argo will invoice the Client and the Client shall pay for all costs incurred up to and including the date of termination including loss of profit.
Argo will not be responsible for any delay in the commencement date resulting from adverse weather conditions.
Initial site visit and consultation is free of charge. Subsequent site meetings and production of drawings will be classed as chargeable and will be charged with travelling time, where applicable, at an hourly rate of unless otherwise agreed.
Unless otherwise agreed the deposit payment specified in the quotation is required on or before the date of commencement.
Invoices will be submitted upon completion of the Services.
Interim invoices may be submitted at pre-agreed intervals for materials ordered and received for the Services, and for labour expended to date for Services lasting longer than two weeks.
All deposit payments will be calculated as part payment of the final invoice.
All invoices will be due for payment within the specified time frame as shown on the invoice and of the date of invoice.
An interest charge of 4% above the Bank of England base rate, compounded daily, will be levied on overdue invoices.
Full title to all materials, assemblies and packages supplied will remain with Argo until full payment has been received.
The quotation is valid for a period of 30 days and Argo reserves the right to amend the price after this date.
Argo is responsible for the design of the Services and does not accept any responsibility for alterations, modifications made by other contractors or Client’s employees employed on the site.
Where plans are submitted by the Client and the quotation is based on those plans Argo reserves the right, before acceptance of any order, to carry out a site survey to satisfy ourselves that the quantities quoted are sufficient.
The quotation shall outline any specific requirements where specialist electrical or water supplies are required. The Client is liable to cover costs for such installations unless otherwise specified in the quotation.
It is the responsibility of the Client to notify Argo of any gas pipes, oil pipes, water mains, telephone or electricity cables, sewers or land drains or any obstructions known, already installed and to provide Argo with accurate indications showing their routes.
Argo cannot be held responsible for costs incurred due to unforeseen circumstances with such gas pipes, oil pipes, water mains, telephone or electricity cables, sewers or land drains or any other obstructions arising at time of excavation, which were not known to or disclosed by the Client at point of survey.
The ground conditions will determine our methods of excavation/installation and will have appropriate effect on the conditions of Contract. Normal excavation/installation renders very slight scars to lawn areas for a short period depending on seasonal growth. If ground conditions prove unsuitable for normal excavation/installation alternative methods will be considered. It must be understood by the Client that such alternative methods may mix sub and top soils. Argo will use reasonable efforts to minimise this.
It is the Client’s responsibility to notify Argo of special requirements needed to prevent damage/destruction to any component possibly caused by pets.
Argo shall not be liable for damage or destruction to any part of the Services caused by Client’s own pets, neighbours pets or wildlife of any kind, where costs are incurred to carry out remedial works to any such damage Argo will provide quotations.
Argo will make every effort to ensure the Services provide adequate application of water but will not be responsible for any areas of abnormal drainage/saturation unless the specific areas have been brought to our attention at the design stage.
Argo includes on-site tuition and a familiarisation process within the quotation. We do not therefore accept any claim for loss or damage to lawns and planting, pathways or walls resulting from subsequent incorrect programmed watering.
Argo shall not be liable to repair, rectify, reinstate or otherwise correct any part of the Services which has been damaged in any way by other contractor’s or Client’s employees employed on the site, or problems brought about by acts of God or other conditions beyond our reasonable control.
Unless otherwise arranged, warranty on items within the quotation will be the same as the warranty given by the manufacturers of the items provided by Argo and is standardly 12 months unless otherwise stated by manufacturer. Some electrical items may carry a 2-year warranty as standard.
Argo will use parts and materials from reputable suppliers but accepts no responsibility whatsoever for any damage or loss caused by the failure or malfunction of any such parts or materials unless such damage or loss is proven beyond reasonable doubt to be the result of negligence by Argo.
Argo agree to undertake any reasonable remedial works resulting from the Services that can be attributed to Argo within a period of three months from completion provided proper aftercare by the Client can be established. If remedial works are provided from alternative sources Argo will not be liable for costs/charges incurred. Thereafter unless a service contract is agreed in writing the quotation makes no allowance for Argo to provide onsite service, repairs, maintenance, back up for the materials and assemblies provided as part of these proposals and prices. It therefore becomes the responsibility of the Client to acquire/carryout aftercare/maintenance.
Photography may be carried out before, during and after the Services are carried out and used by Argo for reference/publicity purposes unless expressly refused in writing prior to commencement of the Services.
Where there are excavated areas and pipe, cable or any material installation, Argo takes no responsibility to personal injury of the client or any persons employed or visiting site during and after installations. Argo will make every effort to make such areas known to the client when possible.