• Saygrass® – Terms & Conditions
• YOUR ATTENTION TO CANCELLATIONS AND REFUNDS FOR ARTIFICIAL GRASS LAWNS. 
• 1.0 Definitions And Interpretation: 
• 1.1 The following terms as used herein shall have the meaning as stated: “Company” means Say Grass limited; “Conditions” means these conditions of supply; “Confidential information” means any information disclosed by one (the disclosing party) to another (the receiving party) if the disclosing party has notified the receiving party that the information is confidential or the information could reasonably be supposed to be confidential; “Contract” means any contract between the company and the customer for the supply of any goods and/or services, incorporating these conditions; “Customer” means any person, firm, company or other organisation who is the addressee of the company’s quotation or acceptance of order issued by the company and shall include any successor-in-title of the customer and any company or entity arising (wholly or partly) by way of any merger, amalgamation, reorganisation or acquisition of the customer; “Delivery point” means the place where delivery of any goods is to take place under clause 5; “Goods” means any goods or materials agreed in the contract to be supplied by the company to the customer (including any part or parts of them), including any goods agreed to be supplied with, or in relation to, any services; “input material” means any documents, plans, drawings, designs or other materials, and any data or other information provided by the customer to the company relating to the goods and/or services; “Intellectual property rights” means any design rights, utility models, patents, inventions, logos, business names, trademarks, domain names, copyright, moral rights, rights in databases, source codes, reports, drawings, specifications, know how, trade secrets, rights in software, rights in the nature of unfair competition and the right to sue for passing off and any other equivalent or similar rights to any of the foregoing in any jurisdiction, whether registered or unregistered; “Output material” means any documents, plans, drawings, designs or other materials, and any data or other information provided by the company to the customer relating to the goods and/or services; “Services” means any services agreed in the contract to be performed by the company for the customer (including any part or parts of them) including any installation works to be undertaken in relation to any goods; “site” means the premises at which the delivery of any goods and/or the performance of any services shall take place, including the customer’s place of business; “Supplies” means the goods and/or the services, depending on the context. “Working hours” means between 09.00 and 17.00 on Monday to Friday inclusive, excluding any public or bank holidays. 
• 1.2 A reference to a clause is to a clause of these conditions. Clause headings shall not affect the interpretation of these conditions. 
• 1.3 Any reference to “parties” means the parties to the contract, and “party” shall be construed accordingly. 
• 1.4 A reference to a particular law refers to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. 
• 1.5 Any phrase introduced by the terms including, include, in particular, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 
• 1.6 Words in the singular include the plural, and in the plural, include the singular. 
• 2.0 Application of conditions and description of goods and services:
• 2.1 All quotations are made, and all orders are accepted by the company subject only to these conditions, which shall prevail notwithstanding any other terms and conditions the customer shall bring to the company’s notice. 
• 2.2 Any quotation is given on the basis that no contract shall come into existence until the Company accepts the customer’s order under the provisions of clause 
• 2.3. Any quotation is valid for 30 days from its date, provided the company has not withdrawn it. The placing of an order following any quotation or other indication of price and delivery shall not be binding on the company unless and until accepted by the company in writing. 
• 2.4 The customer shall ensure that the terms of its order and any input material and/or applicable specifications are complete and accurate. 
• 2.5 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the company shall be subject to correction without any liability on the part of the company.
• 2.6 No order of the customer may be cancelled, varied, altered or deferred by the customer, except with the agreement in writing of the company and on terms that the customer shall indemnify the company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the company as a result of such cancellation, variation, alteration or deferment. 
• 2.7 The company reserves the right to charge the customer for any output material provided to the customer. 
• 2.8 Any surplus fittings or materials shall remain the company’s property and be returned to it. 
• 2.9 The quantity and description of any goods and/or services shall be set out in the company’s quotation or written acceptance of the order. 
• 2.10 All samples, descriptive matter, specifications and advertising issued by the company and any descriptions, illustrations, drawings, photographs or displays (including those relating to colours, materials, finishes, weights, sizes and dimensions) published in the company’s catalogues or brochures or on the company’s website are issued or published for the sole purpose of giving an approximate idea of the goods and services described. They shall not form part of the contract; this is not a sale by sample. 
• 2.11 The specification for the goods shall be based upon standard contract specification unless varied expressly in the customer’s order and accepted by the company. 
• 2.12 Unless otherwise agreed in advance by the company in writing, the customer shall be solely responsible for determining the accuracy of any measurements required to be furnished to the company with the supply of any goods. 
• 2.13 The customer will be liable for any additional costs, charges or expenses that arise from any conditions at the site being at variance with any requirements notified to the company. 
• 2.14 The company has no obligation to accept any variation to the contract requested by the customer, whether, by addition, substitution or omission (or, without limitation, to the goods/and or services to be provided under the contract), and no such request shall be deemed to be accepted in the absence of the company’s written agreement to the variation. 
• 2.15 If any goods are to be manufactured, ordered, designed, built, configured, altered, adapted, or subjected to any process by or on behalf of the company for the customer and/or any services are to be performed by the company, in each case under any input material or specification submitted by the customer, the customer shall hold the company harmless and shall fully indemnify the Company against all loss, damage, costs and expenses awarded against or incurred by the company in connection with, or paid or agreed to be paid by, the company, in settlement of any claim for infringement of any intellectual property rights of any other person resulting from the company’s use of any input material or specification so submitted. 
• 2.16 The customer shall ensure that any specification submitted by the customer does not contravene any applicable safety or other statutory or regulatory requirement. 
• 2.17 Without prejudice to the provisions of clause 2.6, clauses 2.18-2.23 shall apply if and only if the customer enters into a contract with the company as a consumer – that is, as an individual acting outside the customer’s trade, business, craft or profession – where the contract is a distance contract or off-premises contract within the meaning of the consumer contracts (information, cancellation and additional charges) regulations 2013 (the `regulations’). 
• 2.18 Under the regulations, the customer may cancel a contract for the purchase of goods – other than made-to-order goods, made to the customer’s specification or specially ordered (and for the avoidance of doubt, all artificial grass products are, for this clause, made-to-order) at any time within the period: (a) Beginning upon the submission of the customer’s order; and (b) Ending at the end of 14 days after the day on which the goods come into the customer’s physical possession or the physical possession of a person identified by the customer to take possession of them (or if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the customer’s physical possession or the physical possession of a person identified by the customer to take possession of them). 
• 2.19 The cancellation right described in clause 
• 2.18 does not apply to non-stock goods or goods that are bespoke, made-to-order, personalised, customised, made to the customer’s specification or specially ordered. To avoid doubt, all artificial grass products sold in connection with these terms and conditions are treated as ‘made-to-order’, and there is no right to cancel any such order. Furthermore, the cancellation right described in clause 
• 2.18 also only applies where the customer or anybody other than the company has installed the goods before the customer exercises the right to cancel. 
• 2.20 To cancel a contract on the basis described in clause 
• 2.18, the customer must inform the company of the customer’s decision to cancel. The customer may notify the company through any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for the customer to send the customer’s communication concerning exercising the right to cancel before the cancellation period has expired.
•  2.21 The customer must arrange to return the goods to the company. The customer must comply with the customer’s obligations referred to in clause 
• 2.21 without undue delay and in any event not later than 14 days after the day on which the customer informs the company of the customer’s decision to cancel the contract. The customer must pay the direct cost of returning the goods, and the cost of removing the goods from the customer’s property shall be for the customer’s sole account. 
• 2.22 If the customer cancels a contract on the basis described in clause 2.18, the customer will receive a full refund of the amount the customer paid to the company regarding the order, including the delivery cost to the customer. 
• 2.23 However, where the company is to supply and install goods for the customer, the customer agrees that the installation of the goods may commence before the period referred to in clause 2.18 expires. The customer acknowledges that if the structure of the goods does begin before the end of the period referred to in clause 2.18, then the customer will lose the right to cancel, referred to in clause 2.18. 
• 2.24 As with every tufted grass product, they can be subject to “yarn production form,” which can result in slight vertical colourations within the product. This is referred to as VPV (Vertical Production Variation). With regular use and the grass falling in a multi-directional way, they disappear. 
• 2.25 THE CUSTOMER NOW ACKNOWLEDGES AND AGREES THAT ALL ARTIFICIAL GRASS LAWN INSTALLATIONS PROVIDED BY THE COMPANY ARE DEEMED ‘MADE TO ORDER’ AND THAT UPON PLACING ANY ORDER FOR SUCH AN INSTALLATION, THERE SHALL BE NO RIGHT TO A REFUND OF ANY FEES OR DEPOSIT PAID FOR SUCH GOODS OR SERVICES FOR ANY REASON. With High-speed tufting within our production, some of our grasses require a wrapping yarn. These can sometimes be seen as a Whisby flossy material on the grass when initially installed. They are nothing to worry about and disappear with exposure to the regular elements of sun and rain. 
• 3.0 Obligations Of The Customer: 
• 3.1 Where the company has agreed in the contract to undertake installation works for the customer then the customer shall, at its sole cost: (a) Be responsible for preparing and maintaining the site for the performance of the services and for reinstating the site and undertaking any required making good and clean-up work once performance of the services has been completed; (b) Ensure that conditions at the site are suitable for the performance of the services and that any relevant thing required to perform the services thereon is made available to the company and is in good working order (for the avoidance of doubt, the company shall not be required to undertake any survey of the site although the company may opt to do so); (c) If requested to do so by the company and without charge, provide facilities at the site for the off-loading and storage of the goods and the company’s tools and equipment in a readily accessible and secure storage area protected from theft and damage and shall be solely responsible for the safekeeping of the goods and the company’s tools and equipment whilst the same are stored at the site; (d) Take all steps to ensure the health and safety of the personnel of the company whilst they are in attendance at the site in connection with the performance of the services and be solely responsible for ensuring the safety of any and all persons who are or may be present at the site during the performance of the services, including restricting access to the site to those individuals engaged in performing the services, or providing assistance to those so engaged; (e) Provide prompt and unobstructed access to and egress from the site; (f) Inform the company of any unusual layout, composition or construction of the site and report any unusual conditions or obstacles to the performance of the services at the site to the company; (g) Notify the company of any special properties of, or requirements of the customer in relation to, any surfaces, fixtures or fittings at the site, as the company shall not in any event be held liable for any damage resulting directly or indirectly from the installation of any goods to the customer’s property, including damage caused by the drilling of concrete, brick, stone or other surfaces, fixtures or fittings, or from the removal of fixtures and fittings whether obsolete or not, or for damage to any porous or any other materials, nor shall the company be held liable for any damage to the customer’s property resulting directly or indirectly from the delivery of the goods to, or the performance of any services at, the site; (h) Ensure that any materials and/or surfaces upon which the services are to be performed comply with any tolerances required by the company and are of adequate strength to withstand any work undertaken on them by the company; (i) At all times during the performance of the services ensure, insofar as it is reasonably practicable to do so, that other operations are not undertaken at the site, so as to ensure that the services can be performed in one continuous, uninterrupted operation during working hours; (j) Be responsible (other than for statutory obligations placed solely on the company) for obtaining all consents, permissions, easements and licenses necessary for the performance of the services in accordance with these conditions and for complying with all statutes and orders, regulations and by-laws which are applicable at any time to the services; (k) Provide the company with all information, co-operation and support that may be required to enable the company to carry out its obligations to the customer; (i) Ensure that all input material is provided to the company in any format prescribed by the company; and (m) if requested to do so by the company, effect and maintain appropriate and adequate insurance at the site on an all risks basis. 
• 3.2 Any additional costs caused by any delay in the performance of the services or any interruption or suspension of implementation of the services rendered by any condition, problem or hazard at the site or otherwise arising for reasons beyond the control of the company shall be treated as a variation to the customer’s original order, the customer shall be liable for any such additional costs and an appropriate extension of time for completion of the services shall be agreed in respect of any such variation.
• 3.3 The company shall not be responsible for removing existing surface materials or coverings unless otherwise confirmed in the company’s written acceptance of the order. 
• 3.4 The company shall not be responsible for loss or damage to items left at the site by the customer that the customer could have removed or secured. 
• 3.5 The company shall not be liable for any loss or damage due to unsatisfactory workmanship undertaken by any other party. 
• 3.6 Where the services involve structural work, the company recommends that the customer seek professional advice from a structural engineer before any services are undertaken. The cost of doing so shall be for the customer’s sole account. The company shall not be responsible for any failure by the customer to seek appropriate professional advice or for any liability, costs, charges or expenses. 
• 3.7 The customer shall not, without the prior written consent of the company, whether acting on the customer’s account, on behalf of, or with any other person (including any person which the customer directs to act on its behalf), at any time from the date of the first provision of the services to the expiry of 6 months after the last date of supply of the services, solicit or entice away from the company or employ (or attempt to employ) or otherwise engage or attempt to engage the services of any person who is or has been, hired as an employee, consultant or subcontractor of the company in the provision of the services. 
• 3.8 Any consent given by the company per clause 3,7 shall be subject to the customer paying the company a sum equivalent to 15 % of the then-current annual remuneration of the company’s employee, consultant or subcontractor. 
• 3.9 The Customer undertakes to comply with and procure that its employees, customers and everyone working with or using the goods shall comply in full with the instructions and recommendations made in any manual or handbook or instructions provided by the company or other manufacturer. The customer warrants that there will be full compliance with all further instructions in connection with the use or maintenance of the goods and that the goods will be used and maintained at all times without risk to health and safety. 
• 3.10 PROPERTY SERVICES: Before the commencement of the work, the Customer will provide the Company with information as to the location of property lines and all subsurface utility and service lines, including but not limited to electrical, telephone and gas lines and water and irrigation pipelines and conduits. The Company may rely on the accuracy and completeness of all such information. It shall not be liable for damages or costs resulting from errors or omissions. 
• 4.0 Price: 
• 4.1 Prices for the supplies, however, given, are based on conditions ruling on the date of their giving and are subject to change. The effective price for the supplies shall be the price confirmed by the company in its written notification of acceptance of the customer’s order issued under clause 2.3 
• 4.2. The company reserves the right to give notice to the customer at any time before delivery or provision of the supplies to increase the price of the stores to reflect any increase in the cost to the company that is due to any factor beyond the control of the company (such as any foreign exchange fluctuation, currency regulation, alteration of duties, any increase in the costs of labour, materials or other costs of manufacture), or any matter attributable to the customer, including any change in delivery dates, quantities or specifications for the supplies which the customer requests, or any delay caused by any instructions of the Customer or failure of the customer to give the company adequate, accurate or complete information or instructions. 
• 4.3 Unless otherwise stated, the price quoted will be exclusive of value-added tax, which will be charged at the rate applicable at the date of dispatch of the goods or commencement of performance of the services. 
• 4.4 Unless otherwise agreed in writing between the customer and the company, the company gives all prices for the supply of goods on an ex-works basis and the customer shall be liable to pay the company’s charges for transport, packaging and insurance. 
• 4.5 The company’s time-based rates are calculated from the time of dispatch or departure from the company’s premises to the time of return. As applicable, a mileage charge is also charged to overtime rates and call-out costs, whether or not incurred in an emergency and will be applied based upon such rates and expenses as are published by the company from time to time. 
• 4.6 Any waiver or reduction of any price will only be applicable if agreed by the company in writing. 
• 5.0 Delivery and performance: 
• 5.1 Whilst the company will use its best endeavours to provide the supplies following the customer’s requirements, the company will not be liable for any consequences of any delay in the provision of the collections, howsoever caused. 
• 5.2 Unless otherwise agreed in writing by the company, the delivery of the goods and the performance of the services shall take place at the site. 
• 5.3 If so stipulated in the company’s written acceptance of the order, the customer shall provide adequate and appropriate equipment and manual labour for unloading and loading the goods at the delivery point at its expense. 
• 5.4 If delivery involves difficult access to or at the delivery point and/or the delivery point is located at a substantial distance from any feasible vehicular access point, the company reserves the right to levy an extra delivery charge. 
• 5.5 If the company delivers to the customer a quantity of goods of up to 10% more or less than the quantity accepted by the company, the customer shall not be entitled to object to or reject the goods because of the surplus or shortfall and shall pay for such goods at the pro rata contract rate. 
• 5.6 The Company may deliver the goods in separate instalments and perform the services in different tranches. Each instalment or tranche shall be invoiced and paid for by the contract’s provisions. 
• 5.7 Each instalment or tranche shall be a separate contract. 
• 5.8 No cancellation or termination of any one contract relating to an instalment or tranche shall entitle the customer to repudiate or cancel any other agreement, instalment or tranche. 
• 5.9 If, for any reason, the customer fails to accept delivery of any of the goods, or the company is unable to deliver the goods on time because the customer has not provided appropriate instructions, documents, licences or authorisations, the company will charge the customer an abortive delivery charge and: (a) Risk in the goods shall pass to the customer (including for loss or damage caused by the company’s negligence); (b) The goods shall be deemed to have been delivered; and (c) The company may store the goods until delivery, after that the customer shall be liable for all related costs and expenses (including storage and insurance); or (d) Sell the goods at the best price readily obtainable and (after deducting any reasonable costs and expenses in connection with the storage and expedited sale of the goods), charge the customer for any shortfall below the price for the goods. 
• 5.10 The quantity of any consignment of goods as recorded by the company on despatch from the company’s place of business shall be conclusive evidence of the quantity received by the customer on delivery unless the customer can provide conclusive evidence proving the contrary. 
• 5.11 The company shall not be liable for any non-delivery of the goods (even if caused by the company’s negligence) unless the customer gives written notice to the company of the non-delivery within three days of the date when the goods would, in the ordinary course of events have been received. 
• 5.12 Any company liability for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such goods. 
• 5.13 Due to the molecular structure of the material, artificial grass creases when rolled. Creases will fall out within three months of delivery or installation. The goods shall not be deemed defective if, when delivered or installed, there are creases within the goods. 
• 5.14 The company endeavours to reduce the visibility of seams in the goods. However, seams are occasionally visible due to the material’s molecular structure, and seam visibility shall not be deemed to constitute a defect in the goods. 
• 5.15 Artificial grass will, in some circumstances, curl, flatten and crush. This will depend on the extent of its usage and the amount of traffic passing over it, and this shall not be deemed to amount to a defect in the goods. 
• 5.16 Artificial grass from different batches of manufacture may differ slightly in colour. The company will supply artificial grass from the same set regarding any one order. However, artificial grass furnished under different orders is likely from a diverse background and may differ in colour. Any such colour variation shall not constitute a defect in the goods. 
• 5.17 Saygrass is not responsible for any packaging that may remain within the product or foreign bodies that could be used to secure Saygrass during transit. The customer must check the product thoroughly before installation for any foreign bodies that could have been used to confirm or package the product. This would include but isn’t limited to staples, sticky tape, plastic, hessian and cardboard. 
• 6.0 Confidential information and intellectual property rights: 
• 6.1 The customer and the company agree that when the company provides supplies to the customer, the parties may disclose certain confidential information to each other. The customer and the company agree that each party will maintain the personal information’s confidentiality and not disseminate it to any third party without the disclosing party’s prior written consent, save that this obligation shall not apply to any confidential information that either party has a duty(whether legal or otherwise) to communicate or that is in the public domain or is already in the receiving party’s possession through no fault of the receiving party_ the customer and the company agree not to use any confidential information for any purpose other than the discharge of the receiving party’s obligations under the contract. 
• 6.2 The customer acknowledges the company’s ownership of all intellectual property rights in any output material and any goods and services provided to the customer under the contract and agrees not to contest the company’s ownership or use of any such intellectual property rights. Without limitation, the customer shall not acquire any such intellectual property rights or any licence or grant of rights therein, nor shall the customer register or attempt or permit to be registered any such intellectual property rights or any support or assistance of ownership therein. The customer further acknowledges that all intellectual property rights developed by the company in performing any services or providing any goods shall become vested, vest in the company absolutely, and be subject to the other provisions of this clause 6.2. 
• 7.0 Payment: 
• 7.1 The customer shall pay the price for the supplies to the company in accordance with the requirements set out in the company’s written notification of acceptance of the customer’s order issued pursuant to clause 2.3 and the price shall be paid by the due date(s) for payment stipulated therein. 
• 7.2 The time of payment of the price shall be of the essence of the contract, 
• 7.3 Without prejudice to clause 7.1, any stage payments to be made under the contract shall be made at the times and in the amounts stipulated. 
• 7.4 All payments shall be made without any deduction, withholding or set-off. 
• 7.5 Failure by the customer to pay any invoice by its due date shall entitle the company to: (a) At its option, charge interest at the rate of five percent (5%) per annum above Lloyds Bank PLC’s base lending rate from time to time calculated on a daily basis (whether before or after any judgment) until payment in full is made (a part of a month being treated as an entire month for the purpose of calculating interest); (b) Charge the customer with any costs incurred by the company in the course of collecting outstanding monies due to the company from the customer; (c) Suspend any warranty for the supplies or any other goods or services supplied by the company to the customer, whether or not they have been paid for; (d) Appropriate any payment made by the customer to such of the supplies as the company may think fit; (e) Set off any amount owed by the company to the customer against any amount owed by the customer to the company on any account whatsoever; (f) Terminate the contract, or suspend or cancel any future delivery of goods and/or performance of services; and (g) Cancel any discount (if any) offered to the customer. 
• 7.6 The company reserves the right to claim interest under the Late Payment of Commercial Debt (Interest) Act 1998. 
• 7.7 Without prejudice to its other rights or remedies, the company shall have a general lien on all customer property for all debts the customer owes. On the expiry of twenty-one (21) day’s written notice to the customer, it shall be entitled to dispose of such property and apply the net proceeds in the reduction of such debt. 
• 7.8 All payments payable to the company under the contract shall become due immediately on its termination despite any other provision. 
• 7.9 The Company may limit or withdraw any credit granted to the customer at any time, with or without notice. 
• 8.0 Force Majeure: The company reserves the right to defer the date of provision of the supplies, to cancel the contract or reduce the volume of the supplies ordered by the customer (without liability to the customer) if it is prevented from or delayed in, the carrying on of its business (wholly or in part) due to circumstances beyond the reasonable control of the company including acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers, or any inability or delay in obtaining supplies of adequate or suitable materials, or the failure or demise of any source of supply. 
• 9.0 Warranty: 
• 9.1 The Company warrants (subject to the other provisions of these conditions) that (a) On delivery, the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and (b) If the customer has made it expressly known to the company in the customer’s order that the goods shall be suitable for a particular purpose and the company has expressly stated in its written acceptance of order issued under clause 2.3 that it will supply goods suitable for that purpose, then the goods shall be reasonably fit for the purpose so stated; and (c) The services will be performed with reasonable skill and care. 
• 9.2 The Saygrass warranty is a manufacturer’s warranty on all of our artificial grass products and a genuine one that gives all of our customers the peace of mind that the grass will last for a minimum of 10 years. Please remember the Saygrass golden rule-artificial grass is low maintenance, not no maintenance. We recommend all customers subscribe to our annual maintenance package, which will refresh and maintain the performance of the surface every year. (If it has moss or algae, it may become slippery, so it is best to have this removed. annual shedding of leaves and airborne spores can be easily removed.) The warranty does not include settlement or subsequent undulation of any base work due to a host of reasons, i.e. dead roots, tubers, Japanese knotweed, live tree roots, bamboo, wild animal burrows, neighbour’s building work, surrounding excavations, general settlement of new build sites, or flood plain water. If this occurs after the installation, Saygrass can assist with a recalibration of the base, but this will be at a small cost, subject to the garden size. Customers should recognise that all artificial grass will crush or flatten over time, including yarn technology products. Natural grass, of course, wears out and disappears. Bi-Fold Doors Along with other reflective items such as structures and mirrors that can damage your grass through reflection, you have to be aware that if you have Bi-Fold Doors that are facing the direct sunlight when half opened, they too can create a prism and damage/singe your grass. The solution will be to fully open or close your doors or use a different flooring medium in front of the bi-fold doors that may match another material used within your garden scheme that can withstand very high temperatures. Bi-fold door manufacturers are not informing customers that this can happen with their doors. Unfortunately, any damage caused by this prism-burning effect is not covered under our product warranty. The temperatures that can be created as a result of a prism can be well over 200 Degrees 
• 9.3 Subject to clause 9.3, the company shall not be liable for a breach of any of the warranties in clause 9.1 unless the customer gives written notice to the company of the defect in the goods or the deficiency in the services within seven days of the time when the customer discovers or ought to have discovered the defect or fault (within 48 hours if any alleged defect in the goods is a result of damage in transit). The Company is to be given a reasonable opportunity after receiving the notice to examine any goods that the customer has alleged to be defective. Subject to clause 9.4, where the company determines that a defect exists in the goods or that a deficiency exists concerning the services, the company’s liability under clause 9,1 shall be limited for goods to the replacement or repair of any part of the goods found to be defective and for services, to re-performing those services found not to have been performed with reasonable skill and care, or, at the company’s option, to refunding the price of the goods or services at the pro-rata contract rate, 
• 9.4 Upon substantial completion of the installation, the company will notify the customer of its intention to hand over the installation works. It will allow the customer to inspect the installation works before handover. The company will confirm the date of handover to the customer. The company’s sole responsibility will be to remedy defects for which it is responsible and which are notified to it before handover. The company shall not be liable for any breach of any warranty in clause 9.1 if: (a) The customer makes any further use of any goods which the customer has alleged to be defective after giving notice of any such defect; (b) The customer modifies, adjusts, alters or repairs the goods without the prior written consent of the company; (c) The defect arises because the customer failed to follow any oral or written instructions as to the storage, installation, use or maintenance of the goods or (if there are none) good trade practice; (d) The defect arises from any input material or specification supplied by the customer, or from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse of the goods or from any other cause which is not due to the neglect or default of the company. (e) The defect relates to work external to the goods or arises through relocation of the goods not performed by, for or on behalf of the company or by subjecting the goods to any unusual physical or other stress or adverse environmental conditions; (f) The total price for the supplies has not been paid by the time for payment stipulated in clause 7.1 or 7.3; or (g) The defect is of a type expressly excluded by the company by notice in writing. 
• 9.6 If upon investigation, the company reasonably determines that any defect or deficiency in, malfunction, shortage or failure to correspond to the specification of the supplies is a result of, or is excused by, any of the matters referred to in clause 9.4, the customer shall be liable for all costs reasonably incurred by the company in investigating the same and determining the cause. 9.7 Subject to and without limiting the generality of any of the provisions of this clause 9, in addition to the warranties granted in clause 9.1, the company warrants that, under normal conditions, the goods will sustain their UV stability and tensile strength during the warranty period described in clause 
• 9.7. For this warranty, any goods whose original tensile strength does not decrease by more than 50% shall be deemed to have sustained their UV stability and tensile strength. 9.8 All goods are covered by a 10-year warranty (the ‘10 year warranty’). The applicable warranty period (the `warranty period’) begins on the earlier of (a) The date of installation of the goods or (b) The date that is six months after the date of the company’s invoice for the goods. 9.9 The 10-year warranty covers goods only and does not cover installation, groundwork or labour. 
• 9.10 The company will repair or replace, as the company deems necessary to correct any defect, any goods which the company determines as not complying with the requirements of clause 9.6 (the ‘warranty requirements’) within the warranty period. if replacement is deemed necessary, the company will supply replacement goods, and for any goods which the company determines as not complying with the warranty requirements, allowing the purchase price for the replacement goods multiplied by a fraction, the numerator of which is the number of months remaining in the warranty period and the denominator of which is the total number of months in the warranty period, the customer shall pay the portion of the purchase price for the replacement goods not allowed by the company. The company shall not be obliged to remove or dispose of the defective turf or install new turf, nor to pay the cost of such removal, disposal or installation, 
• 9.11 The 10 year warranty is inapplicable: (a) To goods used for any purpose other than sports fields or courts or for landscape purposes; (b) To any damage caused during or on account of improper handling, storage, transportation, installation or repairs unless the improper conduct is perpetrated by the company or its authorised agents; or (c) to the extent that any defect or damage is caused by: burns, cuts, accidents, vandalism, abuse, negligence or neglect; Japanese knot weed, bamboo, mare’s tail, giant hogweed, tree root growth or any other external horticultural influence; Wild animals, including badgers, moles, foxes and any non-domestic pet; Dogs, cats, rabbits or any other domestic pet; Reflections from mirrors and/or glass onto the goods; Subsidence caused by ground movement, local excavations and/or tree roots; Improper design or failure of the sub-base of the sports field or court; Drainage defects or deficiencies on the sub-base and/or its surrounding area; Wear or abrasion caused by an inadequate sub-base; Any harmful chemical reaction to the goods caused by infill materials; The use of improper footwear or sports equipment; The playing surface being used for any purpose other than that for which it was designed and installed; The application of improper cleaning methods; The use of cleaning chemicals, herbicides or pesticides; Force majeure or other conditions beyond the reasonable control of the company; Post fibrillation after or during installation for any purpose other than to put the infill materials in place; or (xvii) any failure to properly maintain, protect or repair the goods. 
• 9.12 All goods are subject to normal wear and tear. In addition to the factors mentioned in clause 9.10, wear and tear depends on the intensity of use of the goods. The average power of service is considered 30-60 hours per week with the condition that each player is deemed to use at least 125 square metres on the field. The company does not warrant against everyday wear and tear under the 10-year warranty. The company shall not be responsible for any contract issued or made by the customer to third parties, including any guarantee made by the customer for the useful life of the goods. The customer should read the latest versions of the company’s product information materials, literature and recommendations regarding product maintenance and performance optimisation. 
• 9.13 The company’s entire liability for any defective goods under the 10-year warranty shall not exceed the purchase price of the faulty goods. The company shall in no event be held liable, whether based on contract or tort (including, but not limited to, negligence) or under any other legal theory (including, but not limited to, strict liability and/or equitable theory), for lost profits or revenues, loss of use or similar economic losses, or for indirect, special, incidental, consequential or punitive loss or damage arising from or in connection with the service, condition, possession, performance, maintenance, non-delivery or late delivery of the goods, even if the company has been notified of the possibility of such loss or damage. 
• 9.14 Subject to the warranties granted in clause 9.1, the 10-year warranty is the sole and exclusive warranty concerning the goods. It replaces any other warranties concerning the goods, whether oral or in writing. The remedies of repair and/or replacement provided in clause 9.9 constitute the sole obligations of the company and the sole remedies of the customer under the 10-year warranty. 
• 9.15 No dealer, sales representative or similar person is authorised to grant warranties not covered by the 10-year warranty, to extend the warranty period or otherwise to change, modify, amend or supplement the provisions of the 10-year contract. Any change, modification, or supplement to the 10-year warranty must be made in a written instrument signed by an authorised company representative. 
• 9.16 Without the company’s advance written consent, the customer may not transfer, convey or otherwise assign all or any of its rights under the 10-year warranty, which is to benefit and be binding upon the company and the customer and their respective successors and authorised assigns. 
• 9.17 Claims under the 10-year warranty must be tendered to the company in writing within the warranty period and 30 days after the discovery of the alleged defect, accompanied by proof of installation date, name of installation company, batch number, location of installation, product sample, sample of infill material(s) and a minimum of three clear pictures showing the problem. The company shall not be held to bear any costs or expenses incurred by the customer or by others concerning any tests, inspections or consultations carried out by the customer or by others. 
• 10.0 Exclusion or liability and indemnity: 
• 10.1 The following provisions set out the entire financial liability of the company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the customer in respect of (a) Any breach of these conditions; (b) Any use made or resale by the customer of any of the goods or of any product incorporating any of the goods and any use made by the customer of the services; and (c) Any representation, statement or tortious act or omission including negligence arising under or in connection with the contract. 
• 10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982) are, to the fullest extent permitted by law, excluded from the contract. 
• 10.3 Nothing in these conditions excludes or limits the liability of the company: (a) For death or personal injury caused by the company’s negligence; or (b) Under section 2(3), Consumer Protection Act 1987; or (c) For any matter which it would be illegal for the company to exclude or attempt to exclude its liability; or (d) For fraud or fraudulent misrepresentation. 
• 10.4 Subject to clause 10.2 and clause 10.3: (a) The company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and (b) The company shall not be liable to the customer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract. 
• 10.5 The customer shall hold the company harmless and keep the company thoroughly and promptly indemnified against all direct, indirect or consequential liabilities (all three of which terms include loss of profit, loss of business, depletion of goodwill and like loss), loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by the company as a result of or in connection with any claim made by or against the company in respect of any liability, loss, damage, injury, cost or expense whatsoever, howsoever and to whomsoever occurring, to the extent that such liability, loss, damage, injury, cost or expense arises directly or indirectly from the customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the contract, subject to the company confirming such costs, charges and losses to the customer in writing. 
• 11.0 Changes: The Company reserves the right without prior approval from or notice to the customer to make any changes in the specification of the goods and/or services which are required to conform to any applicable safety or other statutory or regulatory requirements or which, in the reasonable opinion of the company, do not materially affect the specification of the goods and/or services. 
• 12.0 Risk And Title: 
• 12.1 Risk of damage to or loss of the goods shall be passed to the customer upon delivery. 
• 12.2 Title to the goods shall not pass to the customer until the company has received in full (in cash or cleared funds) all sums due to it in respect of (a) The goods and (b) All other sums which are or which become due to the company from the customer on any account. 
• 12.3 Until title to the goods has passed to the customer, the customer shall: (a) Hold the goods on a fiduciary basis as the company’s bailee; (b) Maintain the goods in satisfactory condition and indemnify the company against all loss or damage of whatsoever nature affecting the goods; (c) Notify the company immediately if it becomes subject to any of the events listed in clause 13,1 (c); (d) Not assign to any other person any rights arising from a sale of the goods without the company’s written consent (and then only subject to a set of terms and conditions containing a risk and title clause which is at least as onerous as this clause 12); and (e) Give the company such information relating to the goods as the company may require from time to time, but the customer may resell the goods in the ordinary course of its business, provided that it shall hold the entire proceeds of any such resale upon trust for the company until the goods have been paid for in full and shall keep all such trust monies in a separate bank account which shall not be overdrawn and in which such trust monies are not mingled with its own or any other monies, the customer acknowledges and agrees that a sale by an administrator or liquidator as part of or in connection with the sale of the assets or part of the assets of the customer is not in the ordinary course of the customer’s business. 
• 12.4 If: (a) The customer is late in paying for the goods, or (b) The customer is late in paying for any other goods or services supplied by the company; or if (c) Before title to the goods passes to the customer, the customer becomes subject to any of the events listed in clause 13.1 (c) or the company reasonably believes that any such event is about to happen and notifies the customer accordingly, then: without limiting any other right or remedy the company may have, the company may at any time require the customer to deliver up the goods and if the customer fails to do so promptly, the company may enter the site or the premises of any third party where the goods are stored or kept to recover them. The customer shall only keep the goods at premises where the customer has the right to grant access to the company. The cost of recovering the goods under clause 12.4 shall be for the customer’s sole account. 
• 13.0 Termination: 
• 13.1 Notwithstanding anything else contained in these conditions, the contract may be terminated by the company with immediate effect upon written notice to the customer if: (a) The customer commits any breach of its obligations under the contract and fails to remedy the same within 14 days of receipt of a written notice from the company specifying the breach and requiring it to be remedied; or (b) Any payment due under the contract is more than seven days in arrears; or (c) The customer makes an arrangement with or enters into a compromise with its creditors, becomes the subject of a voluntary arrangement, receivership, administration, liquidation or winding up, is unable to pay its debts or otherwise becomes insolvent or suffers or is the subject of any distraint, execution, event of insolvency or event of bankruptcy or any other similar process or event, whether in the united kingdom or elsewhere. 
• 13.2 On termination of the contract for any reason: (a) The customer shall immediately pay to the company all of the company’s outstanding unpaid invoices and interest and, in respect of any goods and/or services supplied but for which no invoice has been submitted, the company may submit an invoice, which shall be payable immediately on receipt; and (b) The accrued rights and liabilities of the parties as at termination and the continuation of any provision implicitly surviving termination, shall not be affected. 
• 14.0 Additional Export Terms: 
• 14.1 In these conditions, “Incoterms 2010” means the international rules for interpreting credit terms at the International Chamber of Commerce as in force at the date when the contract arises. Unless the context otherwise requires, any time or expression defined here or given a particular meaning by the provisions of Incoterms 2010 shall have the same meaning in these conditions. 
• 14.2 Where the goods are supplied for export from the United Kingdom, the provisions of clause 14 shall (subject to any special terms agreed in writing between the customer and the company) apply, notwithstanding any other provisions of these conditions. 
• 14.3 The customer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the destination country and paying any duties on them. The contract shall be subject to the procurement by the customer at the customer’s own expense of any import licence and any other authorisations necessarily required for the import of the goods into the country to which the goods are to be exported. Still, failure to obtain any such documents shall not entitle the customer to cancel the contract. 
• 14.4 The import licence number and expiry date shall be furnished when the order for the goods is placed with the company. Otherwise, the manufacture of the goods will not be proceeded. If the import licence expires before the goods have been made available, it shall be the customer’s responsibility to obtain the renewal of such right The company shall not be liable for any expense or loss caused by delay in getting such licence or the renewal thereof. 
• 14.5 Unless otherwise agreed in writing between the customer and the company, the goods shall be delivered ex works the company’s place of business, and the company shall be under no obligation to give the customer the notice relating to insurance mentioned under section 32(3) of the sale of goods act 1979. 
• 14.6 The customer shall be responsible for arranging for the testing and inspection of the goods at the company’s place of business before shipment. The company shall have no liability for any defect in the goods that would be apparent on inspection and in respect of which notification is made after shipment or in respect of any damage to the goods whilst in transit during shipment. 
• 14.7 Payment of all amounts due to the company shall be made against the presentation of shipping documents and under the provisions of clause 7.1, subject to the requirements of clause 7,3. 
• 15.0 General: 
• 15.1 The failure or delay of the company to enforce or to exercise, at any time, or for any time, any term of or any right, power or privilege arising according to the contract does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect its right later to enforce or exercise it, nor shall any single or partial exercise of any remedy, proper, power or privilege preclude any further exercise of the same or the exercise of any other remedy, right, power or privilege. 
• 15.2 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business. 
• 15.3 Neither the company nor the customer intends that any of these conditions shall be enforceable under the Contracts (rights of third parties) Act 1999 by any person not a party to the contract. 
• 15.4 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected, 
• 15.5 The contract is personal to the customer, and the customer may not assign, transfer, sub-contract or otherwise part with the contract or any right or obligation under it without the company’s prior written consent. The company shall be entitled to assign, transfer, sub-contract or otherwise part with the whole or any part of the contract or any right or obligation under it to any third party. 
• 15.6 The contract constitutes the entire agreement concerning its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties. 
• 15.7 Any dispute arising under or in connection with the contract shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application by either party to the president for the time being of the law society whose decision as to the type, qualifications and experience of such arbitrator shall be final and binding on the parties. The parties shall bear the arbitrator’s costs as he directs, and his decision on the issue in dispute shall be final. 
• 15.8 The contract shall be subject to and construed under English law, and the parties now submit to the English courts’ non-exclusive jurisdiction for that purpose. 
• 15.9 All silica sand and specialist infills, when first installed, can leave small residues on and around the surface of the newly installed grass; however, this is nothing to worry about as within a short period of regular use, it will eventually end up right in the base of the grass. This residue is more prominent when using the volcanic ash infills, but once again, over time, it will end up in the base of the grass. 
• Saygrass is a trading name of Say Grass Ltd, registered in England and Wales, Company Registration Number – 11323620
• Say Grass is an introducer-appointed representative (‘IAR’) of Switcha Limited.
• Say Grass can be found on the FCA register under Firm Registration Number 997234.