Japanese Knotweed Removal IWM T&C

Terms & Conditions
(Company No 08907298)
VAT Registered in the United Kingdom 185954163
Head Office, Suite 29.7, The Sugar Refinery, 432 Dewsbury Road, Leeds, LS11 7DF
Tel 0113 2721590
E: info@invasiveweedmanagement.co  W: www.invasiveweedmanagement.co  

1. Definitions & interpretation 1.1 The terms defined in the terms & conditions shall apply to this schedule 1.2 Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate

2. Appointment
The client appoints the company to perform the works in return for the payments
3. The company’s obligations
Under the Wildlife & countryside act 1981 it is an offence “to plant or otherwise encourage” the                        growth of Japanese Knotweed. This could include cutting the plant roots and disturbing surrounding soil if not        correctly managed.
The company will use reasonable endeavours to perform the works in accordance with:
3.1 The Environment agency guidance document “knotweed code of practice-managing Japanese Knotweed on development sites”: And:
3.2 Current Statues and regulations enforceable in England & wales in respect of Japanese Knotweed 3.3 The Environment act 1995 3.4 The Environmental Protection Act 1990 3.5 Environment Protection (Duty of care) Regulations 1991 3.6 The Special waste regulations 3.7 The Wildlife & countryside act 1981 3.8 The Construction Regulations 1996 3.9 The Control of substances Hazardous to Health regulations 1994 3.10  Crime & policing act amendment 2014  3.11  Infrastructure act 2015

4. The Clients obligations
In consideration of the services to be rendered by the company under this agreement the client agrees:
4.1 To make the payments promptly without demand deduction or set off 4.2 To ensure the site is prepared in accordance with the requirements of the company 4.3 To afford the company any right of access to the site as is required to perform the works 4.4 To ensure that all emplyoees, agents and / or contractors of the client of the site at the time of the works must obey the company’s reasonable orders and instructions: 4.5 To ensure that the site utilities locations are made available prior to the start on site. Non-invasive spray works are deemed not to impact upon utilites however excavation works will require specific location of services. Non supply of site utility locations shall be deemed to mean that there are no services in the areas to be excavated- no liability will be expected by the company for any damage to services not identified by the client 4.6 To ensure that warranties & guarantees are paid in advance to ensure continued site coverage  4.7 Should a site have health & safety issues with particular reference to members of the pubic and require Heras fencing – This can be installed by IWM LTD at cost to the client

Invasive Weed Management LTD
5.  VAT 5.1 All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties & taxes 5.2 Any VAT or other duties payable in respect of such sums shall be payable in addition to such sums

6. Lump sum price

6.1 Where a price is quoted as Lump sum agreed price this figure is not subject to re-measure

7. Survey  7.1 The Client understands that the service that the company provides to identify Japanese Knotweed is based on “reasonable endeavours” to identify the infestation at the time of the survey 7.2 Due to the rapid growth characteristics of Japanese Knotweed no liability for additional cost is accepted by the company for any areas of Japanese Knotweed not identified on the original survey 7.3 The client should understand that the underground rhizome system produced by Japanese Knotweed is not visible from surface inspection and that these areas can only be shown as “guidelines”- these areas are identified for discussion purposes only and cannot be used as exact location of roots systems.

8. General

8.1 The company shall not be liable to the client for loss or damage to the clients property unless due to the negligence or other failure of the company to perform its obligations under this agreement or under the general law 8.2 The company warrants that the works will be performed using reasonable skill & care. Except where the buyer is dealing as a consumer (as defined in the unfair contract terms act 1977 section 12 and/or the unfair terms in consumer contracts regulation 1999 regulation 3(1) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the works, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law 8.3 The company shall be under no liability whatever to the client for any indirect loss and/or expense (including loss of profit) suffered by the client arising by the client arising out of a breach by the company of this agreement 8.4 In the event of any breach of this contract by the company the remedies of the client shall be limited to damages. Under no circumstances shall the companies liability exceed the greater of the payments or the amount of any valid insurance available to meet the claim 8.5 The company shall not be liable for the failure or delay in fulfilling any of its obligations, where fulfilment therefore is prevented, frustrated, impeded, delayed, or rendered uneconomic by circumstances by or events beyond the company’s reasonable control

9. Warranties – 12 Month

9.1.1 When the company enters into a twelve month warranty the following operations are covered with no additional costs to the client. 9.1.2 Site monitoring on a quarterly basis for a three month period 9.1.3 Any additional “in situ” chemical treatment works as required to eradicate Japanese Knotweed 9.1.4 Any Additonal reports as agree with the client  9.1.5 No cover is allowed for any costs relating to damage to hard surfaces, structures or relocation costs

10. Warranties – 5 year and 10 year

10.1 When the company enters into a five or ten year warranty agreement the standard 12 month obligations apply 10.2 Annual re-visits and written report issued (at an additional cost where applicable) 4 and 9 years respectively

Invasive Weed Management LTD

11. Guarantees – 5 Year and 10 Year Insurance backed  11.1 Insurance backed guarantees include the same operations as the standard warranties but will be backed by a specific underwriter (Arista at Llyods) This facility can be set up for any contract value. The insurance is designed to guarantee our performance of our contract agreement to you. (i.e to eradicate the weed, carry out annualt site inspection visits and eradicate any re-growth). This does not cover un-associated new growth of the weed. Should Invasive Weed Management LTD be Subject to liquidation or the business ceases trading the Insurers will provide a suitably qualified company to fulfil the outstanding obligations of this contract. In the event that we default upon our agreement, the beneficiary will be able to make a claim against this bond. The following points relate to the bond facility  11.2 The value of the insurance backed guarantee will be confirmed by Invasive Weed Management LTD and paid for in full prior to works being carried out 11.3 The beneficiary of the Insurance backed guarantee will by the client. If an additional beneficiary is required the client must make Invasive weed management LTD aware prior to works. Additional beneficiary’s may be added at an additional cost depending on the project 11.4 Amendments to the Insurance backed guarantee documents after issue will be subject to an additional charge and are subject to authorisation

12. Termination for breach
The Following obligations are conditions of this agreement and any breach of them shall be deemed a    fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties   shall then be determined in accordance with clause 7:
12.1 Failure on the part of the client to make punctual payment of all sums due to the company under the terms of this agreement: 12.2  The levying of any distress or execution against the client or their making any composition or arrangement with creditors or being a company the client’s liquidation (other members voluntary liquidation with the written requests of the client

13. Termination Consequences 13.1 In the event of this agreement being determined whether by notice breach or otherwise the client shall immediately pay to the company: 13.1.1 All arrears of payments and any other sums under the terms of this agreement and  13.1.2 All further sums which would but for the determination of this agreement have fallen due by the end of the agreement  13.2 Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform all outstanding duties under this agreement notwithstanding that the other may have exercised one or more of the rights and remedies against it 13.3 Any right or remedy to which either party is or may become entitled under this agreement or in consequence of the other conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement or now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative

14. Miscellaneous  14.1 All sums due from the client to the company which are not paid on the due date (without prejudice to the rights of the company under this agreement) shall bear interest from day to day at a monthly rate of 2% 14.2 The receipt of the money by either of the parties shall not prevent either of them from questioning the correctness of any statement in respect of such money 14.3 Both parties shall be released from their respective obligations in the event of a national emergency war prohibitive governmental regulation or any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement impossible whereupon all money due under this agreement shall be paid immediately  14.4 If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable illegal, or otherwise unenforceable the remaining provisions of this agreement shall remain in full force and effect unless the company in the company’s discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event the company shall be entitled to terminate this agreement by 30 days’ notice to the client and the provisions of clause 8 shall apply accordingly

Invasive Weed Management LTD

14.5 Each party acknowledges that this agreement contains the whole agreement between the parties and that it is not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations in matters relating to it 14.6 This agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the date of this agreement but without prejudice to any rights which have already accrued to either of the parties 14.7 Any decision exercise of discretion judgement or opinion or approval of any matter mentioned in this agreement or arising from it shall be binding on a party only if in writing and be its sole discretion unless otherwise expressly provided in this agreement  14.8 Each of the parties shall give notice to the other of the change or acquisition of any address or telephone or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition  14.9 All notices to be given under this agreement shall be in writing and shall either be delivered personally, by mail or electronic mail and shall be deemed duly served: 14.9.1 In the case of notice delivered personally at the time of delivery 14.9.2 In the case of a notice sent by post 2 clear days after dispatch  14.9.3 If sent by Electronic mail an acknowledgement from the receiver & followed up with telephone call (recorded if necessary)

14.10 Each notice shall be addressed to the address of the party concerned set out in this agreement or to such other address as that party shall have previously notified to the sender 14.11 This agreement and all rights under it may be assigned or transferred by the company  14.12 This agreement shall be governed by English law in every particular including formation & interpretation and shall be deemed to have been made in England 14.13 Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England & Wales  14.14 All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement or otherwise available to it 14.15 No term shall survive expiry or termination of this agreement unless expressly provided 14.16 The failure of either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement  14.17 During the term of this agreement the company shall be an independent company and not the servant of the client and the company shall not be subject to directions from the client as to the manner in which he performs his work 14.18 Each of the parties shall pay any costs and expenses incurred by it in connection with this agreement 14.19 A third person which it not party to this agreement has no rights under the contracts (rights of third parties) act 1999 to enforce any terms of this agreement  14.20 By commissioning work from Invasive Weed Management LTD you are bound by the terms and conditions of this agreement