AGL Terms & Conditions

PLACING AN ORDER – By placing an order with us, you are agreeing to the following terms and conditions when purchasing from Always Green Lawns Ltd: 1.1 Dispatch Policy While every effort will be made to ensure that all items shown are in stock we offer no guarantee of availability and this electronic publication does not constitute an offer for sale. Goods delivered normally arrive between 8am and 5.30pm, Monday to Friday, in 7-14 working days of placing your order. Express delivery is also available on request. In the event that you are not available to provide a signature on the pre-arranged date, then you may be charged for re-delivery. Deliveries cannot be left outside in porches, garages or any other location. Please note: We only deliver to United Kingdom.

CANCELLATIONS & RETURNS – We do not accept returns without due reason i.e. faulty goods. If the grass is defective you must contact the office within 24 hours of the delivery to arrange a collection. All returns for any reason other than defective goods are subject to a collection charge. To cancel your order you must inform us by email 14 days prior to planned install or delivery date for gardens and landscape products. For recreational and sport specific turf once agreement is signed the order cannot be cancelled without incurring costs. Specifications cannot be altered unless AGL considers it possible without altering the end product.

DAMAGED OR FAULTY GOODS – The goods should be fully rolled out and inspected before use. Damaged / faulty or incorrect goods must be reported to us immediately, either by phone: 07950 499070 or by email. We will then make further arrangements with you to replace the goods if found to be faulty or incorrect. Do not fit the turf as you will be liable for the costs. Our team if installing will inspect the product prior to installation. If you are arranging an independent fitter to install, we suggest that you do not schedule any installation work until a few days after receiving the delivery. This will enable you to check the goods and resolve any technical issues. Creases Due to the molecular structure of the fabric it does crease when rolled. Creases will fall out within three months of the installation or supply. The grass is not classed as faulty if delivered or installed with creases. If AGL are installing the surface, AGL installers will over-stretch the grass and fix securely. The grass will decrease quite noticeably on a daily basis. Seams Always Green Lawns endeavor to make all seams as invisible as possible. However, seams are occasionally visible due to the molecular structure of the product. This is unfortunately inevitable and can be influenced by a number of factors. Our warranty does not cover seam visibility.

PRODUCT GUARANTEE – All TigerTurf products come with a 10 year guarantee against fading of the product The grass is designed to match the effects of real grass. Continued usage in a particular area will cause it to curl and crush. In these instances we recommend regular brushing. Sport specific surfaces will come with individual warranties supplied by TigerTurf UK Ltd.

MAINTENANCE– Although maintenance levels are low we recommend you follow our maintenance guide. We offer a planned maintenance programme for landscape products, recreational and sport products. For schools, clubs and commercial companies where usage is quite high we recommend a regular maintenance programme to ensure the longevity of your product.

COLOURS –  We send out the grass from the same batch to ensure there are no slight colour differentials. Therefore please be aware if you want to add more grass to an area at a later date there may be a slight colouration difference. We suggest ordering all grass from the same batch. AGL cannot be liable for any differences in colour for the same product if ordered separately. The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.

CONFIDENTIAL – All confidential information are held securely. Customer details are not passed to third parties and are used only in accordance with the Data Protection Act as per our cookie and privacy policy

INDEMNITY – You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of your use of this site.

JURISDICTION – The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.

CONSUMER RIGHTS – None of the above Terms and Conditions affect your statutory consumer rights.

APPLICATION – These conditions alone shall govern and be incorporated in every contract for the sale of goods made by or on behalf of the Seller with any customer (“the buyer”). They shall apply in place of and prevail over any terms or conditions, (whether or not in conflict or inconsistent with these Conditions), contained or referred to in any documents submitted by the Buyer or in correspondence or elsewhere implied by trade custom, practise or course of dealing unless specifically excluded or varied in writing by a Director or other authorised representative of the Seller and any purported provisions to the contrary are hereby excluded or extinguished. 2. Acceptance by the Buyer of delivery of the goods shall (without prejudice to Condition 2 or any other manner in which acceptance of these Conditions may be evidenced) be deemed to constitute unqualified acceptance of the conditions. iii. If Subsequent to any conditions of sale or purchase, such contract howsoever made shall be deemed to be subject of these conditions.
QUOTATIONS AND ACCEPTANCE – A quotation by the Seller does not constitute an offer and the Seller reserves the right to withdraw or revise the same at any time prior to the Seller’s acceptance of the Buyers order. Any quotations shall in any event lapse unless the Seller accepts an order form the Buyer within 30 days of the quotation. 2. The Seller’s acceptance of the Buyer’s order is only binding once confirmed in a purchase order or written email confirmation.
PRICES – The prices payable for the goods shall be those shown on the Sellers quote. The Seller shall have the right at any time to revise prices to take into account inflation and/or increases in cost including (without limitation) costs of any goods, materials, carriage, labour or overheads, the increase or imposition of any tax duty or other levy and any variation in exchange rates. 2. Unless otherwise specified VAT and any other tax or duties payable by the Buyer shall be added to the price.

TERMS OF PAYMENT – Payment of invoices shall be made in full without any deduction or set-off in accordance with the terms stated on the Sellers invoice. Time of payments shall be essence of all contracts between the Buyer and Seller. The Seller reserves the right to suspend the provision of goods to the Buyer where any amounts are overdue under any contract with the Buyer until all such amounts have been paid.

Ii Private installs payment is to be received within 7 days of invoice electronically sent. Schools, clubs and commercial companies payment is to be received by 28 day of invoice being sent electronically.

Iii AGL has the right to request a percentage of payment on large projects above £5000.00 prior to work commencing. If payment is not received AGL has the right to delay or cancel the order.

Interest shall be payable on overdue accounts at the rate of 3% over Barclays Bank plc London base rate from time to time to run from the due date for payment until receipt by the Seller of the full amount.

DELIVERY – Delivery or dispatch dates mentioned in any quotation or email are approximate only and not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date(s). Time for delivery shall not be of the essence of any contract to which these conditions apply and shall not be made so by the service of any notice. All orders for goods endorsed delivery as required or with no final completing date for deliveries are accepted on condition that the Seller is given reasonable time to make the goods and full delivery of the goods is taken within 6 months of the Seller’s acceptance. iii. If the Buyer refuses or fails to take delivery of goods tendered in accordance with the contract or fails to take action necessary on its part for delivery of the goods the Seller shall be entitled to terminate the contract with immediate effect, to dispose of the goods as the Seller may determine, and recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including without limitation storage costs from the due date of delivery). 1. Section 32(2) of the sale of goods act 1979 shall not apply. The Seller shall be required to give the Buyer notice specified in section 32(2) of that act.

TITLE – NOTWITHSTANDING DELIVERY AND PASSING OF RISK. THE GOODS SHALL REMAIN THE PROPERTY OF THE SELLER UNTIL SUCH TIME AS THE BUYER SHALL HAVE PAID TO THE SELLER THE AGREED PRICE (TOGETHER WITH ANY ACCRUED INTEREST) AND ALL OTHER AMOUNTS OWED BY THE BUYER TO THE SELLER. Until property in the goods has passed the Buyer shall be in possession of the goods in a fiduciary capacity and shall:

a) Not part with possession of the goods otherwise than in accordance with Condition 8.6.

b) Take proper care of the goods and take reasonable steps to prevent any damage to or deterioration of them.c) Keep the goods free from any charge, lien or other encumbrance and store the goods in such a way as to show clearly that they belong to the Seller; andd) Notify the Seller forthwith upon the happening of any events

  • iii. The Seller reserves the right to repossess and resell the goods to which it has retained title and any right the Buyer may have to possession of the goods shall in any event cease. a) If any sum owed by the Buyer to the Seller (whether in respect of the goods or otherwise) is not paid to the Seller by the dates it is due or; b) Upon the happening of any events
  • The Buyer hereby grants an irrevocable right and license to the Seller and its servants and agents to enter all or any of the Buyers premises with or without vehicles during normal business hours for the purpose of inspecting and/or repossessing goods to which it has retained title. This right and license shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwise. 2. The Buyer is licensed by the Seller to process goods to which the Seller has retained title in such fashion as it may wish and/or to incorporate them in or with any products subject to the express condition that the new product or products or any other items of move-able property whatsoever containing any part of the said goods shall become property of the Seller and shall be separately stored and marked by the Buyer to show clearly that they belong to the Seller. The Seller shall hold the new product or products as trustee for itself and the Buyer and the Sellers interest as a beneficiary of the trust shall be equal to the total of all amounts owing by the Buyer to the Seller. 3. The Buyer may in the ordinary course of business sell the goods or any new product or products produced with the Sellers goods provided that:
  • a) As between the Buyer and its sub-buyer or customer the Buyer shall sell the goods as principal and the Buyer shall not and shall not be empowered to commit the Seller to any contractual relationship with or liability to the sub-buyer or customer or any other customer.
  • b) As between the Seller and the Buyer, the Buyer shall sell the goods in a fiduciary capacity as agent for the Seller, and
  • c) Notwithstanding any agreed periods of credit for payment of the price of the goods the Buyer shall pay the proceeds of such sales to the Seller forthwith upon receipt. The Buyer acknowledges that as a consequence of its fiduciary relationship with the Seller it is under a common law duty to hold to proceeds of any such sales or hiring on trust for the Seller and not to mingle such proceeds with any other monies or pay them into an overdrawn bank account, such common law duty being unaffected by and wholly independent of the terms of these conditions. vii. Notwithstanding the provisions of this condition 8 the Seller shall be entitled to bring an action against the Buyer for the price of the goods in the event of non-payment by the Buyer by the due date even though the property in the goods has not passed to the Buyer and/or shall not have the right by notice to the Buyer at any time after delivery to pass property in the goods to the Buyer is from the date of such notice.
    VARIATION IN QUANTITY – The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery even though the quantity may be up to 10% more or less than the quantity specified in the contract and in such event the Buyer shall pay for the actual quantity delivered. Weights and sizes of the goods are taken on the average of the total amount of goods dispatched. Weights are guaranteed only at the date of dispatch.
  • LIABILITY – THE BUYER SHALL INSPECT THE GOODS IMMEDIATELY UPON DELIVERY, THE SELLER SHALL NOT BE LIABLE TO THE BUYER.
  • a) FOR NON-DELIVERY UNLESS A WRITTEN CLAIM IS RECEIVED BY THE SELLER WITHIN 7 DAYS FROM THE DATE OF THE SELLER’S INVOICE
    b) FOR SHORTAGES IN QUANTITY DELIVERED IN EXCESS OF THOSE PERMITTED BY UNLESS THE BUYER NOTIFIES THE SELLER OF ANY CLAIM FOR SHORT DELIVER WITHIN 7 DAYS OF RECEIPT OF THE GOODS OR
    c) FOR DAMAGE OR TO LOSS OF THE GOODS OR ANY PART OF THEM IN TRANSIT (WHERE THE GOODS ARE CARRIED BY THE SELLER’S OWN TRANSPORT OR BY A CARRIER ON BEHALF OF THE SELLER) UNLESS THE            BUYER SHALL NOTIFY THE SELLER OF ANY SUCH CLAIM WITHIN 14 DAYS OF RECEIPT OF THE GOODS OR THE SCHEDULED DATE OF DELIVERY WHICHEVER SHALL BE THE EARLIER
    d) FOR THE DEFECTS IN THE GOODS CAUSED BY FAIR-WEAR AND TEAR, ABNORMAL OR UNSUITABLE CONDITIONS OF STORAGE OR USE IF ANY ACT, NEGLECT OR DEFAULT OF THE BUYER OR OF ANY THIRD PARTY.
    e) FOR OTHER DEFECTS IN THE GOODS UNLESS NOTIFIED TO THE SELLER WITHIN 24 HOURS OF RECEIPT OF THE GOODS BUYER
  • 2. WHERE LIABILITY IS ACCEPTED BY THE SELLER UNDER CONDITION
  • 11.1 THE SELLERS ONLY OBLIGATION SHALL BE AT ITS OPTION TO MAKE GOOD ANY SHORTAGE OR NON-DELIVERY AND/OR AS APPROPRIATE TO REPLACE OR REPAIR ANY GOODS FOUND TO BE DAMAGED OR DEFECTIVE AND/OR TO REFUND THE COSTS OF SUCH GOODS TO THE BUYER, GOODS MAY NOT BE RETURNED WITHOUT THE SELLER’S PRIOR WRITTEN CONSENT.
  • iii. THE SELLER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR LIABILITY OF ANY KIND SUFFERED BY ANY THIRD PARTY DIRECTLY OR INDIRECTLY CAUSED BY REPAIRS OR REMEDIAL WORK CARRIED OUT WITHOUT THE SELLER’S PRIOR WRITTEN APPROVAL AND THE BUYER SHALL INDEMNIFY THE SELLER AGAINST ANY AND ALL CLAIMS AND COSTS ARISING OUT OF SUCH CLAIMS TO THE EXTENT THAT SUCH REPAIRS OR REMEDIAL WORK HAVE BEEN PERFORMED BY THE BUYER OR ITS AGENTS.
  • 1. THE SELLERS AGGREGATE LIABILITY TO THE BUYER WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SHALL IN NO CIRCUMSTANCE EXCEED THE COST OF THE DEFECTIVE, DAMAGED OR UNDELIVERED GOODS WHICH GIVE RISE TO SUCH LIABILITY AS DETERMINED BY NET PRICE INVOICED TO THE BUYER IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES.
  • 2. SUBJECT TO THIS CONDITION ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE IN RELATION TO THE GOODS ARE HEREBY EXCLUDED;
  • b) THE SELLER SHALL BE UNDER NO LIABILITY TO THE BUYER FOR ANY LOSS, DAMAGE OR INJURY, DIRECT OR INDIRECT, RESULTING FROM DEFECTS IN DESIGN, MATERIALS OR WORKMANSHIP OR OTHERWISE HOWSOEVER ARISING (AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES OR AGENTS) OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE SELLERS NEGLIGENCE.
  • c) THE SELLER SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES OR EXPENSES SUFFERED BY THE BUYER, HOWSOEVER CAUSED, AND INCLUDING WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS. GOODWILL, REPUTATION, BUSINESS RECEIPTS OR CONTRACTS, OR LOSSES OR EXPENSES RESULTING FROM THIRD PARTY CLAIMS.
  • SPECIFICATIONS AND CONFIDENTIALITY –  Unless expressly agreed in writing by the Seller all drawings, designs, specifications and particulars or weights and dimensions submitted by the Seller are approximate only and the Seller shall no liability in respect of any deviation from them. The Seller accepts no responsibility for any errors, omissions or other defects in any drawings, designs or specifications not prepared by the Seller and the Seller shall be indemnified by the Buyer of any liabilities and expenses incurred by the Seller arising from them. Corrections to goods required by the Buyer following inspection and approval of proofs by the Buyer shall be at the Buyers expense and will be charged for separately. All drawings, designs, specifications and information submitted by the Seller shall be treated as confidential and shall not be disclosed to any third party without the Seller’s written consent or used by the Buyer other than for the purpose authorised by the Seller.
    FORCE MAJEURE – The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of goods by the Seller being prevented, hindered, delayed, cancelled or rendered uneconomic by reason of circumstance or events beyond the Seller’s reasonable control (“force majeure circumstances”) including but not limited to Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workman, materials or transport, or other circumstances affecting the supply of the goods or of raw materials by the Sellers normal source of supply of manufacture or the goods by the Sellers normal means of delivery of the goods by the Sellers normal route or means of delivery. 2. In force majeure circumstances the Seller may in its sole discretion terminate any contract for the supply of goods pursuant to these conditions or cancel delivery of goods to the Buyer or may, with the agreement of the Buyer, deliver the goods at an agreed rate of delivery commencing after any suspension of deliveries. iii. If due to force majeure circumstances the Seller has insufficient stocks to meet all its commitments the Seller may apportion available stocks between its customers at its sole discretion.
    SAMPLES AND EQUIPMENT –  Any samples or trade cards supplied to the Buyer are supplied solely for information and in no way import any express or implied conditions or warranties as to quality, description, fitness for purpose or merchantable quality and the Buyer shall be deemed to have satisfied itself as to such matters prior to ordering the goods. 2. Any equipment supplier to the Buyer by the Seller in connection with the delivery of the goods shall remain the Sellers property notwithstanding any contribution made towards its cost by the Buyer.
    TERMINATION – If the Buyer (being an individual) enters into a voluntary arrangement or if a petition is presented for the making of a bankruptcy order against him or if he compounds with his creditors or if (being a company) an application for an order made or a resolution is passed for the winding-up of the Buyer (otherwise than for the purpose of amalgamation or reconstruction previously approved in writing by the Seller) or if a meeting is called to approve the appointment of a liquidator to the Buyer or if a petition is presented to the court for the appointment of a liquidator to the Buyer of is a receiver, manager, administrative receiver or an administrator is appointed or a petition is presented to the court for the appointment of an administrator to the Buyer or over any part of the Buyers undertaking or if circumstances arise which may entitle the court or a creditor of the Buyer to appoint a receiver, manager, administrative receiver or administrator or which might entitle the court to make a winding-up order or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits a breach of any contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any goods in transit and/or by notice in writing to the Buyer terminate contract with the Buyer.
  • Upon any termination of any contracts pursuant to any indebtedness of the Buyer to the Seller shall become immediately due and payable and the seller shall be relieved any further obligations to supply any goods to the Buyer pursuant to such contracts.
    ASSIGNMENT – None of the rights or obligations of the Buyer under these conditions may be assigned or transferred in whole or in part without the prior written consent of the Seller.
    HEALTH AND SAFETY AT WORK ETC – The Buyer agrees to pay due regard to any information supplied by the Seller and relating to the use for which the goods are designed or have been tested or concerning conditions necessary to ensure that they will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work and the Buyer undertakes to take such steps as may be specified by the above information to ensure that as far as reasonably practicable the goods will be safe and without risks to health at all times as are mentioned above.
    LIEN – The Seller shall be entitled to general lien on all goods and property owned by the Buyer in the Seller’s Possession (although the Buyer may have paid for the same in full) in satisfaction of the whole or part as the case may be of the unpaid price of any goods sold and delivered to the Buyer under any contract. The Seller shall be entitled to offset any sum or sums owing to it from the Buyer against any sums owed to the Buyer from the Seller.
    HEADINGS – The headings of these conditions do not form part of the conditions and shall not affect their interpretation.
    SEVERABILITY – If any of these conditions is held to be invalid, illegal or unenforceable in any respect whether in whole or in part such invalidity, illegality, unenforceability shall not prejudice the effectiveness of the rest of these conditions or the remainder of the any part of a condition affected.
    WAIVER – Failure by the Seller to exercise or enforce any rights under any contract subject to these conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right at any time thereafter.
    NOTICES – Any notice thereafter shall be in writing and be deemed to have been duly given if delivered personally or sent by email. Notices delivered personally shall be deemed to have been given when delivered.
    GOVERNING LAW – Any contract to which these condition apply shall be governed and construed in accordance with the laws of England and parties hereby submit to the non-exclusive jurisdiction of the English courts