Terms and Conditions

Terms and Conditions 2023

Our terms and conditions are important and we ask that you keep a copy for your records.

Should you have any unresolved queries, require further information or fail to be completely satisfied with our work please ring us and we will deal with the matter immediately. Your query or complaint will be dealt with in accordance with our Complaints Policy, a company of which can be provided on request.

1. Definitions

For the purpose of these terms and conditions the following words shall have the following meanings:(a) “The Company” shall mean The Living Forest Limited of 1 Turnden Cottages, Hartley Road, Cranbrook, TN17 3QR, registered at Companies House under Company Number 3547611 (b) “The Customer” shall mean the person or organisation for whom the Business agrees to carry out works and/or supply materials. The Operative shall mean the representative appointed by the Business.

2. Discretion to Accept or Reject Work

The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Company at its absolute discretion.

3. Written Estimate

All written cost estimates are without obligation and subject to VAT at the prevailing rate. Estimates are valid for three months from their date of issue, after which time the Company is entitled to draw up a new estimate/amend costs. After the Customer instructs the Company to carry out the works (either orally or verbally) the Company reserves the right to revise the estimate in the event of: a. Amendments to works required prior to arriving on site, orb. Changes in site / ground conditions since the original visit, orc. Additional works requested / required whilst on site. The Company shall only be bound by estimates given in writing to the Customer and signed by an authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.

4. Cancellation

The Customer has the right to cancel the contract during the 14-day ‘’Cooling off period’’, from the date of acceptance. The cancellation must be in writing. In the event of cancellation at short notice then the Customer may be liable for any reasonable related expenditure incurred.

5. Invoices & Payment

Payment for each amount invoiced becomes due when the Customer receives the Company’s invoice. Payment shall be made by the Customer within 14 days of the due date. If the Customer is a business profession or local authority, payment shall be made within 30 days of the due date.

6. Fixed Dates/Times

Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operatives shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operatives or for the late or non-delivery of materials.

7. Delay

The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the Company shall be entitled to a reasonable extension of the time for performing such obligations.

8. Notification for Remedial Works

If the Company has carried out the works and the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 14 days to the Company and shall afford the Company and its insurers the opportunity of inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if she/he fails to notify the Company within 14 days from the date the work was carried out, the Company shall not be liable in respect of any defects inthe works carried out.

9. Company Liability

The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time. The Company shall not accept liability for any damages to underground services that were not advised of by the Customer prior to commencement of the works.

10. General Data Protection Regulation (GDPR)

The Company is committed to ensuring that the privacy of the Customer is protected, in accordance with GDPR. To enable the Company to establish and fulfil a contract or agreement with the Customer and provide the Services, the Company will need to retain the personal information supplied by the Customer. By accepting the written cost estimate and/or entering into a formal agreement or contract with the Company, the Customer agrees to the Company processing and retaining the Customer’s personal information for a reasonable period, in accordance with the Company’s Privacy Notice. The Customer’s personal information will only be processed and retained for the provision of the services and will not be passed on to any third parties for marketing purposes. The Customer may request of copy of the Company’s Privacy Notice by emailing to info@thelivingforest.co.uk.

Standard Terms and Conditions of Business 2023

1. Agreement

These standard terms and conditions of business together with the proposal made by The Living Forest Ltd ( hereafter known as TLF) as accepted by the Client comprise the entire agreement between the parties.

2. The Services

TLF warrants it shall carry out the Services in a professional manner and with reasonable skill and care. TLF shall use endeavours to adhere to any programme agreed for the Services but, shall incur no liability for any failure to do so.
Any typographical, clerical or other error or omission in any sales literature, quotation, acceptance of offer, invoice or other document or information issued by TLF shall be subject to correction without any liability on the part of TLF.
In undertaking the Services, TLF agrees to comply with all site health and safety, and other reasonable requirements of the Client and will undertake the Services in compliance with all applicable laws.

3. Responsibilities of the Client

The Client shall supply to TLF, promptly and free of charge, all information and documents necessary and reasonably required to enable them to provide the Services. TLF will not be liable for any loss or damage arising from reliance of any information or materials supplied by the Client or from any inaccuracy or other defect in any information or materials supplied by the Client.

4. General Data Protection Regulation (GDPR)

TLF is committed to ensuring that the privacy of the Client is protected, in accordance with GDPR. To enable TLF to establish and fulfil a contract or agreement with the Client and provide the Services, TLF will need to retain the personal information supplied by the Client.
By accepting the quotation and/or entering into a formal agreement or contract with TFL, the Client agrees to TLF processing and retaining the Client’s personal information for a reasonable period, in accordance with TLF’s Privacy Notice.
The Client’s personal information will only be processed and retained for the provision of the services and will not be passed on to any third parties for marketing purposes.
The Client may request of copy of TLF’s Privacy Notice by emailing to info@thelivingforest.co.uk.

5. Site Visits

The Client must inform TLF, prior to any site visit, of any hazards of which the Client is aware at the site. Otherwise the Client shall be entitled to assume that there are no undue risks to health and safety on the site.
The Client shall ensure that TLF will have full and uninterrupted access to all areas during the site survey with any arrangements to access third party property being completed by the Client, prior to TLF’s visit. Any areas that are deemed inaccessible or access is denied or which present a risk to health and safety will be excluded from the survey and annotated in TLF’s report/plans accordingly.

6. Estimates of Costs

If TLF provides any indication of the cost of the Services, such indication shall not constitute the offer for the Services, expect in the case of the written proposal.
TLF reserves the right, by giving notice to the Client at any time before performance of the Services, to increase the price of the Services to reflect any increase in the cost to the Client which is due to any change in the specifications for the Services which is requested by the Client, or any delay caused by any instructions of the Client or failure of the Client to provide adequate information or instructions.

7. Payment

The Client will pay TLF for the Services.
Payment for each amount invoiced becomes due when the Client receives TLF’s invoice. Payment shall be made within 14 days of the due date.
If the Client does not pay any amount due to TLF by such final date then TLF may charge and recover interest from the Client at a rate equivalent to 10% per annum above the official dealing rate of the Bank of England and suspend performance of the Services until payment is received. In the event of legal action being taken by TLF against the Client for breach of payment obligations, the Client shall be responsible for all costs and disbursements on a full indemnity basis.

8. Liability & Claims

Except for death or personal injury due to negligence of TLF, in no event shall any breach of contract or tort (including negligence) or failure of any kind on the part of TLF give rise to any liability for loss of revenue or any consequential loss or damage arising from any cause whatsoever even if TLF has been advised of the possibility of such losses.
TLF shall not be liable for any oral advice given. Reference must always be made to TLF’s written report. In no circumstances can TLF be liable where the Client has not heeded TLF’s written advice. All claims must be made in writing within 28 days of the occurrence of the event giving rise to a claim. TLF shall always be afforded a reasonable opportunity to correct a default before being in breach of it’s obligations. TLF shall not be liable in respect of any claim unless these requirements have been complied with except in any particular case where the Client proves that it was not possible to comply and the claim made as soon as reasonably possible thereafter.
Subject to the above, TLF’s entire liability shall not exceed the price of the fee of which the claim has arisen in respect of any one claim. A number of defaults which together result in or contribute to the same loss or damage shall be treated as one claim.
Except as expressly stated herein, all conditions warranties representations and undertakings, express or implied, statutory or otherwise are excluded.
The Client shall be liable to pay to TLF, on demand, all reasonable costs, charges or losses sustained or incurred by TLF (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under these conditions, subject to TLF confirming such costs, charges and losses to the Client in writing.

9. Documents

Provided that the Client has paid all sums due to TLF, the Client is entitled to receive a copy of only the final product of the Services by email. Additional hard copies of any report prepared on behalf of the Client can be supplied at a cost of £20.00 (plus postage).
All documents prepared for the Client by TLF shall be owned by TLF. TLF licenses all such rights to the Client free of charge and on a non-exclusive basis to such extent as is necessary to enable the Client to make reasonable use of the documents for the purpose for which it was prepared. If TLF terminates this Agreement due to breach by the Client this licence will automatically terminate.

10. Termination

The agreement may be terminated by either party at any time by giving no less than 14 days written notice. In the event that such termination arises, the Client will pay TLF for all Services provided up to the termination and all costs necessarily incurred as a result of the early termination of the Services.

11. Force Majeure

TLF shall not be liable for non-performance in whole or in part of its obligations if such non-performance is due to acts of God, war, insurrection, government regulations, embargoes, strikes, labour disputes, illness, fire, seriously adverse weather conditions, tempest, the Royal Mail or other postal service or any other cause beyond the control of TLF.

12. Law

The law of England and Wales shall govern this Agreement and the Client hereby submits to the exclusive jurisdiction of the English courts.

Website Terms & Conditions

These terms of use govern your use of our site.

Please read these terms in full before you use this website. If you do not accept these terms of use, please do not use this website. Your continued use of this site confirms your acceptance of these terms.

Website Access

1.1 It is not necessary to register with us in order to use most parts of this website.

Use of Website

1.2 This website may be used for your own private purposes and in accordance with these terms of use.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Site Uptime

1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

Visitor Provided Material

1.6 Any material that a visitor to this website sends or posts to this Website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.

Links to and from Other Websites

1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and/or up to date.

1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

Exclusion of Liability

1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.

1.15 Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Law and Jurisdiction

These terms of use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Our Details

Our business’s name is: The Living Forest
Our business address is: The Living Forest Limited, 1 Turnden Cottages, Hartley Road, Cranbrook, Kent, TN17 3QR
Our VAT registration is: ???
Our contact details are: info@thelivingforest.co.uk, 01580 715596, 07989 581295