Terms and Conditions

    1. Definitions & Interpretation

    1.1 The terms defined in these terms & conditions shall apply to this schedule.

    1.2 Headings are for reference only and do not affect interpretation.

    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...

    • 3.1 Environment Agency guidance “Knotweed Code of Practice”.
    • 3.2 Current statutes and regulations in England & Wales.
    • 3.3 Environment Act 1995.
    • 3.4 Environmental Protection Act 1990.
    • 3.5 Duty of Care Regulations 1991.
    • 3.6 Special Waste Regulations.
    • 3.7 Wildlife & Countryside Act 1981.
    • 3.8 Construction Regulations 1996.
    • 3.9 COSHH Regulations 1994.
    • 3.10 Crime & Policing Act Amendment 2014.
    • 3.11 Infrastructure Act 2015.

    4. Client Obligations

    • 4.1 Make payments promptly.
    • 4.2 Ensure the site is prepared as required.
    • 4.3 Provide access to the site.
    • 4.4 Ensure all persons on site follow company instructions.
    • 4.5 Provide utility locations prior to works.
    • 4.6 Ensure warranties & guarantees are paid in advance.
    • 4.7 Heras fencing may be installed at cost if required.

    5. VAT

    5.1 All sums are exclusive of VAT unless stated.

    5.2 VAT is payable in addition.

    6. Lump Sum Price

    6.1 Lump sum prices are not subject to re‑measure.

    7. Survey

    • 7.1 Identification is based on reasonable endeavours.
    • 7.2 No liability for areas not identified at survey.
    • 7.3 Rhizome locations are guidelines only.

    8. General

    8.1 The company is not liable for property damage unless due to negligence...

    8.2 Works will be performed with reasonable skill & care...

    8.3 No liability for indirect loss or profit loss.

    8.4 Liability limited to payments or valid insurance.

    8.5 No liability for delays beyond reasonable control.

    9. Warranties – 10 Year

    • 9.1.1 Covers additional in‑situ treatment as required.
    • 9.1.2 Guarantee issued on completion.
    • 9.1.3 Additional reports as agreed.
    • 9.1.4 No cover for damage to structures or relocation costs.

    10. Insurance‑Backed Guarantees

    10.1 Backed by underwriter (currently GPI)...

    • 10.2 Value confirmed and paid prior to works.
    • 10.3 Beneficiary is the client unless otherwise agreed.
    • 10.4 Amendments subject to charge.

    11. Termination for Breach

    • 11.1 Failure to make payment.
    • 11.2 Insolvency or liquidation.

    12. Termination Consequences

    • 12.1.1 All arrears become payable immediately.
    • 12.1.2 All future sums that would have fallen due.
    • 12.2 Rights and remedies remain enforceable.
    • 12.3 Rights are cumulative.

    13. Miscellaneous

    • 13.1 Late payments bear interest at 2.5% monthly.
    • 13.3 Parties released in national emergency or similar.
    • 13.4 Invalid clauses do not affect remaining terms.
    • 13.5 Entire agreement clause.
    • 13.7 Decisions must be in writing.
    • 13.9 Notices must be written and properly served.
    • 13.12 Governed by English law.
    • 13.13 Jurisdiction: England & Wales.
    • 13.20 Commissioning work binds the client to these terms.