POND ON GOING SERVICES TERMS AND CONDITIONS (B2C)

BACKGROUND: 

These Terms and Conditions are the standard terms which apply to the provision of Pond services by Aqua Pond Ltd Aquarium and Pond Maintenance (“the Trader”) to customers who require Pond services to be provided at their home on a regular basis. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

 

These Terms and Conditions apply only where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

 

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Agreed Times”	means the times which You and We agree for Us to have access to the Property to provide the Pond Services [as specified in the Agreement];
“Agreement”	means the contract in writing into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions. [Our standard form of Agreement is attached as Schedule 1];
“Business”	means any business, trade, craft or profession carried on by You or any other person or organisation;
“Consumer”	means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of Us who receives Pond Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Pond Services”	means the Pond services We will provide as specified in the Agreement;
“Model Cancellation Form”	means the model cancellation form attached as Schedule 2;
“Monthly Fee”	means the fee You are to pay for the Pond Services as specified in the Agreement;
“Order”	means Your initial request for Us to provide the Pond Services as set out in Clause 2;
“Products”	means the products and materials required for the provision of the Pond Services which We will supply (if any) as specified in the Agreement;
“Property”	means Your home, as detailed in the Order and the Agreement, at which We are to provide the Pond Services including the site/s where work is to be carried out;
“Quotation”	means the quotation We give to You in accordance with Clause 2 detailing the services We will provide to You and the fees We will charge;
“Service Period”	means a period of one month beginning on the Start Date and repeating until the Agreement is cancelled or terminated;
“Start Date”	means the date You and We agree on for Us to start providing the Pond Services as specified in the Agreement;
“Trader”	means Us or Our employee/s who will be responsible for providing the Pond Services;
“Visit”	means any occasion, scheduled or otherwise, on which We visit the Property to provide the Pond Services;
“We/Us/Our”	means the Trader and includes all employees, agents and sub-contractors of the Trader;
“You/Your”	means a Consumer who is a customer of the Trader.

 

• Any reference to “writing”, and any similar expression, includes a reference to any electronic communication sent by e-mail [or] [text message,] or other electronic means.
• Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
• Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
• Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
• The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
• Words signifying the singular number will include the plural and vice versa.
• References to any gender will include any other gender.
• References to persons, unless the context otherwise requires, include corporations.

2. Information about Us
   • We are a limited company.
   • We trade under the name Aqua Pond Ltd.
   • We are registered in England under number 15076214.
   • Our registered office is at 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE.
   • Our main trading address is 10 Nine lands Hockliffe Bedfordshire LU7 9NN.
   • Our VAT number is N/A.

 

3. Communication and Contact Details
   • If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01525 552150 or by email at info@aquapond.co.uk.
   • In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
     • contact Us by email at info@aquapond.co.uk

 

4. Orders
   • We accept orders for Pond Services via
   • When placing an Order, You should set out, in detail, the Pond Services required. Details required include the location of the Property, the size of the garden, the type of work required, the type of plants, trees or similar that are required and/or that are to be maintained and the frequency of Visits required.
   • Once the Order is complete and submitted to Us, We will prepare a Quotation and send it to You either by email or first-class post. The Quotation will set out the required Monthly Fee (see Clause 5).
   • If We decide that We cannot accept your Order and provide a Quotation, We will inform You of this in writing.
   • Before You accept the Quotation, You may make changes to the Order and may request changes to the Quotation by amending the Quotation to show the requested changes. We may then revise the Quotation to incorporate any or all amendments made to it by You.
   • You may accept a Quotation or, where applicable, a revised Quotation, by signing and dating a copy of it and returning it to Us within 14 days after the date We issue the Quotation or, where applicable, a revised Quotation.
   • If You wish to make any change/s to Your Order after accepting the Quotation, please contact Us and We will tell You whether or not the change/s can be accommodated. We will tell You of any changes to the fees payable as a result and We will provide a revised Quotation where We decide that We can accommodate the change/s that You requested. You may then accept that revised Quotation.
   • When You have returned to Us the accepted Quotation or, where applicable, the revised Quotation, We will complete any blanks in the Agreement in accordance with the accepted Quotation, attach a copy of the Order and accepted Quotation to the Agreement, sign and date the Agreement, and return it to You. If You then sign and date the Agreement and return it to Us, a legally binding contract between You and Us will at that time come into effect requiring Us to provide the Pond Services and for You to pay for them.
   • The issue, receipt or acceptance of an Order or Quotation or any revised Order or Quotation by You or Us shall not have any legally binding effect on You or Us unless and until an Agreement is signed and dated by both You and Us.

 

5. Fees and Payment
   • We will calculate the Monthly Fee based on the following factors:
     • Number of visits per year monthly or quarterly;
     • Work that needs to be done each visit;
     • Size of pond and filters;
   • The Monthly Fee is inclusive of any VAT chargeable. If the rate of any such VAT changes, We will adjust the amount of VAT that You must pay.
   • We will charge You for any Products supplied as part of our provision of the Pond Services. We will seek your approval before supplying and charging you for any Products. You may, if you wish, authorise Us to supply Products up to a specified value each month without seeking approval.
   • If the price of Products that We need to procure increases between Your approval of the price and Our purchase of the Products, We will inform You of the increase and seek your approval to proceed. You may, if you wish, pre-authorise a specified percentage increase in the price of Products.
   • We will invoice You at the end of each Service Period for the Pond Services provided during that Service Period.
   • You must pay each invoice within 7 days of receiving it.
   • We accept the following methods of payment:
     • Bank Transfer;
     • Cash;
   • If You do not pay an invoice by the due date, We may charge You interest on the overdue sum at the rate of 5% above the base rate of Natwest from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
   • If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.

 

6. Pond Services
   • We will provide the Pond Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement in writing between You and Us from time to time).
   • We will begin to provide the Pond Services on the Start Date and will continue to provide the Pond Services until the Agreement is terminated by You or Us in accordance with these Terms and Conditions.
   • We will use reasonable endeavours to ensure that You are always assigned the same pond expert. If a particular pond expert is unavailable, We will inform You of any change prior to a Visit.
   • We may, from time to time, provide sketches, impressions, plans or similar documents. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Pond Services nor to guarantee specific results.
   • We will use reasonable endeavours to ensure that the Products We use match those chosen by You. Given the nature of plants, trees, shrubs and similar, there may be slight variations to the same Products as a result of differences between photographs, catalogues and other materials, and the Products themselves. Product packaging, where applicable, may vary. There may also be minor technical differences with certain Products that will not affect Your use of them. If during any Service Period Products different from those chosen by You are required due to non-availability of the Products chosen by You, We will only supply them after consulting with You. If when We consult You, You tell Us that You do not wish to accept the alternative Products, the non-availability of the Products chosen by You shall be regarded as an event outside of Our reasonable control (Force Majeure – see Clause 14) and You may accordingly cancel the Agreement for that reason under Sub-Clause 12.2.4.
   • The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until they have been delivered to You at which point it will pass to You. You will own the Products once We have received payment in full for them.
   • We will ensure that the Pond Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best practice in the Pond market.
   • We will ensure that We comply with all relevant codes of practice.
   • We will properly dispose of all waste that results from provision of the Pond Services.
   • We will ensure that no parts of the Property suffer damage as a result of Our provision of the Pond Services. We will at Our expense make good any damage that occurs at no additional expense to You as soon as is reasonably possible. We may instruct You to take reasonable steps to protect the Property while We are performing the Pond Services. We will not be liable for any damage which occurs as a result of Your failure to follow such instructions.

 

• We will where reasonably possible leave the Property in a clean and tidy state at the end of each Visit and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.
• If Pond work beyond the normal remit of the Pond Services is required (to deal with diseased plants or storm damage, for example) We will first obtain Your consent to perform such work and will add the costs of such work to the invoice for the Service Period in which the work takes place.

 

7. Faulty Products
   • If any Products are supplied in the course of Us providing the Pond Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details above in Clause 3.
   • Within the first 30 calendar days after supply of any Product(s), You are entitled, at Your option, to a full refund, to keep the Product(s) at a reduced price, or to a repair or replacement.
   • After those first 30 calendar days, and for the first six months after supply of any Product(s), We will, at Our option, repair or replace any defective Products or, if a repair or replacement is not practicable or possible, or if a repair or replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the Product(s) at a reduced price. This right may not apply if We can prove that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by Us or as included with the Product.
   • After the first six months after supply of any Product(s), if any Product develops a fault, You must prove that the Product in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund for up to six years depending upon the nature of the Product and how long it can reasonably be expected to last.

 

8. Problems with Our Service
   • If there is a problem with the result of the Pond Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the Pond Services, or to get a price reduction if this is not possible.
   • We always use reasonable efforts to ensure that Our provision of the Pond Services is trouble-free. If, however, there is a problem with the Pond Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Pond Services as quickly as is reasonably possible and practical.
   • We will not charge You for remedying problems under this Clause 8 where the problems have been caused by Us. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.
   • As a Consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
   • If We do not perform and complete any of the Pond Services with reasonable skill and care, You have the right to request repeat performance of those particular services or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price;
   • If the Pond Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Pond Services), You have the right to a reduction in price.
   • If for any reason We are required to repeat the Pond Services in accordance with Your legal rights, We will not charge You for doing so and We will bear any and all costs of doing so. In cases where a price reduction applies, this may be any sum up to the full fees payable for the work in question and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.

 

9. Your Obligations
   • If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the relevant part of the Pond Services.
   • We may ask you to move or remove certain furniture, fixtures and fittings or other items at the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.
   • You will ensure that We can access the Property at the Agreed Times sufficient to provide the Pond Services.
   • You may either give Us a set of keys to the Property or be present at the Agreed Times to give Us access. We promise that all keys will be kept safely and securely by Us.
   • If You do not provide the necessary access to the Property or make it impossible for Us to provide the Pond Services by failing to comply with any other provision in this Clause 9, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
   • You must ensure that We have access to electrical outlets and a supply of hot and cold running water.

 

10. Complaints and Feedback
    • We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure, available from https://aquapond.co.uk/complaints/.
    • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      • In writing, addressed to Anthony Emson, 10 Nine lands, Hockliffe, Bedfordshire, LU7 9NN;
      • By email, addressed to Anthony Emson, info@aquapond.co.uk;
      • Using Our complaints form, following the instructions included with the form;
      • By contacting Us by telephone on 01525 552150

 

11. Cancellation of Contract During the Cooling Off Period
    • Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends:
      • in relation to any Products supplied, at the end of 14 calendar days after the date on which the Products are delivered. If the Products are delivered in instalments, the 14-calendar day period begins on the day that you receive the final instalment; and
      • in relation to the Pond Services, at the end of 14 calendar days after the date on which the contract is formed.
    • If You wish to cancel the Agreement within the cooling off period, You should inform Us immediately by a clear statement (e.g. a letter sent by post or email to the postal address or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
    • To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
    • If You exercise this right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
    • We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
    • We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14-calendar days after the day on which We are informed of the cancellation.
    • If You exercise the right to cancel in relation to Products:
      • We will issue a refund within 7 days and in any event no later than 14-calendar days after We receive the relevant Products (and will include standard delivery charges if You send the Products to Us);
      • You must return the Products to Us within 14-calendar days of the day on which You inform Us that You wish to cancel and return them;
      • We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You;
      • Please also note that Products that become inseparably mixed with others and perishable Products cannot be returned.
    • If the Start Date falls within the cooling off period, You must make an express request for provision of the Pond Services to begin within the 14-calendar day cooling off period. This request forms a normal part of the ordering process.By making such a request You acknowledge and agree to the following:
      • If You cancel the Agreement after provision of the Pond Services has begun, You will be required to pay for the Pond Services supplied and any Products that cannot be returned to Us up until the point at which You inform Us of Your wish to cancel;
      • The amount due will be a fair proportion of the Monthly Fee. Any sums that have already been paid for the Pond Services will be refunded subject to deductions calculated on this basis;
      • We will process any refund within 7 days and in any event no later than 14-calendar days after You inform Us of Your wish to cancel.
    • Clause 12 applies to termination of the Agreement after the 14-calendar day cooling off period has elapsed.

 

12. Termination
    • In addition to Your rights in Clause 11 relating to the cooling off period, You may terminate the Agreement at any time by giving Us at least 30 days written notice.
    • You may terminate the Agreement with immediate effect by giving Us written notice if:
      • We have breached the Agreement in any material way and have failed to remedy that breach within 30 days of You asking Us in writing to do so;
      • We enter into liquidation or have an administrator or receiver appointed over Our assets;
      • We cannot accommodate a change that You have requested at any time after We and You have signed the Agreement or You do not accept the change in the fees that We tell you that We will charge to accommodate such a change;
      • We are unable to provide the Pond Services due to an event outside of Our control (see Clause 14);
      • We wish to change these Terms and Conditions to Your material disadvantage.
    • We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control (Force Majeure – see Clause 14). If such cancellation is necessary, We will inform You as soon as is reasonably possible.
    • After the Start Date, We may terminate the Agreement at any time by giving You at least 14 days written notice.
    • We may terminate the Agreement with immediate effect by giving You written notice if:
      • You fail to make a payment on time as required under Clause 5 (this does not affect Our right to charge interest on overdue sums under sub-Clause 5.8);
      • You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so;
      • You do not provide Us with access to the Property and We have been unable to contact You to re-arrange the Pond Services under sub-Clause 9.5; or
      • We have been unable to provide the Pond Services for more than 6 weeks due to an event outside of Our control (Force Majeure – see Clause 14).
    • For the purposes of this Clause 12 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

 

13. Effects of Termination
    • If the Agreement is terminated for any reason the provisions of this Clause 13 will apply.
    • If at the termination date:
      • You have made any payment to Us for any Pond Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14-calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement if We terminate it under sub-Clauses 12.5.1, 12.5.2, or 12.5.3;
      • We have provided Pond Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 5.
    • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
    • Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exists at or before the date of termination.

 

14. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control (“Force Majeure”). Such Force Majeure causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, or other natural disaster, or any other similar or dissimilar event that is beyond Our reasonable control .
    • If any Force Majeure event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform You as soon as is reasonably possible;
      • Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Pond Services as necessary;
      • You or We may terminate the Agreement (see Clause 12).

 

15. Liability
    • 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. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
    • We will maintain suitable and valid insurance including public liability insurance.
    • We provide Pond Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • If We cause any damage to the Property or anything in it, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Pond Services.
    • Our total liability for any loss or damage caused as a result of Our negligence or breach of these Terms and Conditions or the Agreement by Us is limited to £500.
    • We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.
    • Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

16. How We Use Your Personal Data (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice available from our website.

 

17. Other Important Terms
    • We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
    • We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs, We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
    • The Agreement 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 the Agreement.
    • If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
    • No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

 

18. Regulations and Information
    • We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed by You) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before You accept the Quotation and sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
    • As required by the Regulations:
      • all of the information described in sub-Clause 18.1; and
      • any other information which We give to You about the Pond Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Pond Services,

will be a part of the terms of Our contract with You as a Consumer.

 

19. Law and Jurisdiction
    • These Terms and Conditions, the Agreement, and the relationship between You and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales
    • As a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

 

 

SCHEDULE 1

 

SERVICE AGREEMENT

 

THIS AGREEMENT is made the       day of      

 

BETWEEN:

 

(1)        Aqua Pond Ltd a company registered in United kingdom under number 15076214 whose registered office is at 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE (“the Trader”) and

 

(2)        <<Name of Customer>> of <<insert Address>> (“the Customer”)

 

BACKGROUND:

 

(1)        The Trader provides Pond services to consumer customers and has reasonable skill, knowledge and expertise in that field.

 

(2)        The Customer wishes to engage the Trader to provide the services specified below (“the Pond Services”).

 

(3)        The Trader agrees to provide the Pond Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

 

 

IT IS AGREED as follows:

 

1. The Agreement
   • This Agreement incorporates the attached Terms and Conditions.
   • In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   • A legally binding contract between You and Us will be created when You and We sign this Agreement.
   • We confirm and You acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):
     • The main characteristics of the Pond Services;
     • Our identity and contact details;
     • The total price payable for the Pond Services including taxes or, if the Price cannot be calculated in advance, the manner in which it will be calculated;
     • The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Pond Services;
     • Our complaints handling policy;
     • The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
   • As required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
     • all of the information described in Clause 1.4; and
     • any other information which We give to You about the Pond Services or about Us which You take into account when entering into this Agreement or when making any other decision about the Pond Services

will be part of the terms of Our contract with You as a Consumer.

 

2. The Pond Services
   • We will:
     • begin to provide the Pond Services on the Start Date of <<insert date>>;
     • provide the Pond Services during the Agreed Times of <<insert times>> or such other times as You and We may agree in writing;
     • provide the Pond Services at the Property located at <<insert address>>;
     • perform the Pond Services in accordance with the specification referred to in Clause 2.2
   • The specification for the Pond Services is [as follows: <<insert full description of services to be provided>>] OR [attached].
   • The Products we will supply are [as follows: <<insert full description of products to be supplied>>] OR [listed in the attached specification].
   • You and We may agree in writing to vary the specification from time to time.
3. Fees and Payment
   • You will pay a Monthly Fee of £<<insert sum>> for the Pond Services. This sum may be broken down as follows:
     • <<insert a breakdown of all sums payable>>.[and
     • Value Added Tax of £<<insert amount>>
   • <<Insert full details of other sums due (if any) as detailed in the Quotation>>.

 

4. Waiver of Cooling Off Period
   • By signing this Agreement, You request Us to commence provision of the Pond Services immediately and not to wait for the 14-calendar day cooling off period referred to in Clause 11 of the Terms and Conditions to expire.
   • You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Pond Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 11 of the Terms and Conditions.

 

 

SIGNED for and on behalf of the Trader by:

<<Name and Title of person signing for the Trader>>

 

__________________________________________________
Authorised Signature

 

Date: ____________

 

 

SIGNED by the Customer:

<<Name of Customer>>

 

 

__________________________________________________
Signature

 

Date: ____________

 

SCHEDULE 2

 

MODEL CANCELLATION FORM

 

To: <<trader to insert trader’s name, geographical address and, where available, email address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for Pond services dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: