These Terms and Conditions apply to the sale of all Materials by us, Mammoth Services Ltd, a company registered in England & Wales under number 09453621, whose registered address is at 30 Station Road, Stoke Mandeville, Aylesbury, England, HP22 5UL (“we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means the contract for the purchase and sale of the Materials, as explained in clause 2;
“Customer/you/your” means the business or Consumer placing an Order with us;
“Materials” means the artificial grass and any other Materials which are specified in your Order (and confirmed in our Order Confirmation);
Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
2. The Contract
2.1 These Terms and Conditions govern the sale of all Materials by us and will form the basis of the Contract between you and us. Please ensure that you have checked your order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.2 Only once we have sent you an order confirmation will there be a legally binding Contract between you and us. Our order confirmation will set out the Materials you have ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the estimated delivery or collection date for the Materials.
2.3 Once your Order has been accepted as detailed in clause 2.2, we cannot accept any changes to it.
2.4 Items may be subject to minimum order quantities and we cannot accept returns if this is due to incorrect information provided by you. This does not affect your legal rights (including, but not limited to, those described in these Terms and Conditions).
3. Samples, Descriptions and Specification of Materials
3.1 We have made every reasonable effort to ensure that the Materials conform to the images and descriptions provided. However, please note that certain colours may look different to the actual colour of the Materials, when displayed on your electronic device.
3.2 The Materials will be cut to the dimensions you specify in your Order to the nearest metre. You must ensure that you have checked the dimensions properly and that the area where they are to be installed is suitable before placing your Order, as we cannot accept the return if this is due to incorrect information provided by you. The Materials will be subject to an allowable tolerance of up to 2% of the total length. Please note that this does not affect your legal rights as a Consumer, where applicable (including, but not limited to, those described in these Terms and Conditions).
3.3 We reserve the right to make any changes in the specification of the Materials that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice. We may also choose to change suppliers or make minor, non-aesthetic alterations to the specification of any Materials without consulting you first.
4.1 Orders will normally be dispatched within 7 days after the date of our Order Confirmation. In any event, Materials will be delivered within 30 days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control – see clause 11).
4.2 If your Order has not arrived by the estimated delivery date, please contact us as soon as possible so we can investigate.
4.3 If no-one is available to accept the delivery, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Materials. The redelivery may be chargeable.
4.4 Delivery will be to the kerbside only. If there are likely to be any delivery restrictions to your chosen address, you must contact us before placing your Order, as this may incur additional costs.
4.5 If you do not collect the Order or rearrange delivery within 7 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we may treat the Contract as cancelled and recover the Materials.
4.6 In the unlikely event that we fail to deliver the Order within 30 days of our Order Confirmation (or as otherwise agreed in clause 5.1), you may treat the Contract as being at an end immediately if we have refused to deliver your Materials or if you told us when ordering the Materials that delivery within that time period was essential. If you do not wish to cancel under this clause 5.6 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
4.7 Delivery will be deemed to have taken place when the Materials have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Materials.
4.8 The responsibility (sometimes referred to as the “risk”) for the Materials remains with us until delivery is complete as defined in clause 5.9, at which point it will pass to you. You own the Materials only once we have received payment in full of all sums due (including any delivery charges).
5. Faulty, Damaged or Incorrect Materials
5.1 By law, we must provide Materials that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Materials you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Materials, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies:
5.1.1 Beginning on the day that you receive the Materials (and ownership of them) you have a 30 day right to reject the Materials and to receive a full refund if they do not conform as stated above. In this case you must return the Materials as they were received and we will reimburse delivery costs should we agree to be at fault.
5.1.2 If you do not wish to reject the Materials, or if the 30-day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30-day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Materials. If less than 7 days remain out of the original period, it will be extended to 7 days.
5.1.3 If, after replacement, the Materials still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Materials at a reduced price or reject them in exchange for a refund.
5.2 Please note that you will not be eligible to claim under this clause 7 if we informed you of the fault(s), damage or other problems with the Materials before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Materials for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Materials for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Materials to us under this clause 7 merely because you have changed your mind – please refer to clause 8 for this.
5.3 To return Materials to us for any reason under this clause 7, please contact us to arrange for the return. We will be fully responsible for the costs of returning Materials under this clause 7 and will reimburse you where appropriate.
5.4 Refunds under this clause 7 will be issued within 14 days of the day on which we agree that you are entitled to the refund, including all delivery costs paid by you when the Materials were originally purchased and made using the same payment method that you used when ordering the Materials, unless you specifically request that we use a different method.
6.1 We provide a 10-year warranty against UV fading for artificial grass.
6.2 Our warranty is subject to the extents and limits of the manufacturer’s guarantee or warranty and is subject to the Materials having been installed and maintained correctly. Full details are available on request.
6.3 Our guarantee exists in addition to your Consumer rights, where applicable. Nothing in these Terms and Conditions will affect or limit your statutory rights as a Consumer.
7. Our Liability
7.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
7.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
7.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
7.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer, where applicable. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
7.5 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance so we can investigate.
8. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, acts of terrorism or war, pandemic, epidemic, governmental action, natural disaster, or any other event that is beyond our control.
10. Other Important Terms
10.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
10.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
10.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
10.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
10.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.