Terms & Conditions

Goods

All our coloured, rubber chippings are sold as loose fill material to either a 25mm, 50mm, 75mm, 100m or 125mm depth depending upon the application and information offer a guidance can be found on our website www.ecochippings.co.uk. If you require a depth outside or between the tested depths then we can in no way imply the critical fall height simply by pro-rata it. To do so would just be an indication of the depth needed.

The customer is made aware of the conditions of sale for all our goods. We cannot guarantee that the appearance and/or colours of products shown on our website are an exact replica in the appearance and/or colours of the physical products themselves.

All products (however delivered) shall be at the customers risk from the time of collection (if so collected) or from the time of delivery. After such time Kirkleavington Property Company Ltd t/a Eco Chippings shall be under no liability for loss or damage or deterioration of the product from whatever cause arising.

Some of our rubber is suitable for a number of applications, it is the responsibility of the customer to carry out their own due diligence and tests if necessary to ensure the grade of rubber supplied meets with their application.

It is the responsibility of the buyer to: satisfy itself as to fitness for purpose, and no warranty shall extend to fitness for purpose, to inspect all goods, immediately on receipt.

The company requires any complaint to be made in writing by the customer within 14 days. If the customer is dissatisfied with the product then it must be returned to the company within 14 days of the complaint being logged in the standard to which it was delivered. A refund will then be made for the original purchase price. Should it be deemed that the product is satisfactory we reserve the right to charge for the cost of return.

Rubber Chipping Samples: We recommend you purchase samples before placing any orders if you require an indication of colour, chip quality and size distribution. Customers should note that although colour samples are generally a good guide and every effort is made to ensure repeatable consistency of delivered product, we are unable to always guarantee exactness of colour and shade. Therefore we do not warrant against such variations.

Contract

An order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these conditions.

The contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Kirkleavington Property Company Ltd t/a Eco Chippings which is not set out in the contract.

Any samples, descriptive matter or advertising issued by Kirkleavington Property Company Ltd t/a Eco Chippings including illustrations or descriptions contained in brochures, flyers, website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.

These conditions apply to the contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Any quotation given by Kirkleavington Property Company Ltd t/a Eco Chippings shall not constitute an offer, and is only valid for a period of 30 Days from its date of issue.

Delivery of Goods

Kirkleavington Property Company Ltd t/a Eco Chippings shall deliver the Goods to the location set out in the order or such other location as the parties may agree at any time after Kirkleavington Property Company Ltd t/a Eco Chippings notifies the Customer that the Goods are ready.

Any dates quoted for delivery of the Goods and/or the commencement and completion of the Services are approximate only, and the time of delivery is not of the essence. In any event, Kirkleavington Property Company Ltd t/a Eco Chippings shall not be liable for any failure to deliver that is caused by a Force Majeure Event or the Customer’s failure to provide Kirkleavington Property Company Ltd t/a Eco Chippings with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

The majority of our deliveries will be via a kerbside tail-lift lorry by a UK pallet network, the network will do their utmost to place the pallet as near as possible to where you need it. The ground and road needs to be flat and solid to use this service, If you have any doubts please contact us on 01977 529570. Badly broken concrete, gravel or sloping ground is unsuitable and pallets may only be left on the roadside (Curbside) at the drivers discretion if he deems it safe to do so and not breaking any highways legislation.

If you would like a specific delivery date and/or time please contact us at info@ecochippings.co.uk and we can advise you of delivery rates. Please note if a hi-ab or crane is required for unloading this is to be arranged by the buyer and is not included in your contract with us. If you have any doubts please contact us for further details.

Orders placed on Saturdays, Sundays and Bank Holidays will be processed on the morning of the next working day.

Please be aware that we cannot be held responsible for delays by the pallet network, we therefore ask that you take this into account when leaving feedback. We strive to maintain an outstanding level of customer service so if you have a negative delivery experience please make us aware so we can inform our pallet network who also pride themselves on being flexible and reliable.

Returned loads if cancelled whilst on route or returned due to ground/access conditions being unsuitable for pallet deliveries, will incur a return delivery and re-stocking charge of £44.00 per pallet or the original cost of deliver per pallet if higher. Where a delivery cannot be made on the arranged day due to access or unforeseen circumstances we will attempt a redeliver at your request for an additional charge per pallet, which is solely dependent on the pallet network used and their pricing schedules. This charge will be communicated at the time the customer instructs us to redeliver. If you have any queries concerning this or any other issue please contact us via info@ecochippings.co.uk.

We hope that this doesn’t happen but should you wish to cancel your order please let us know prior to dispatch and we will issue you a full refund. If your order has already been dispatched and arrived at your property we will refund you for 75% of the purchase price less any incurred delivery / return costs and please let us know the reason for your return.

Quality of Goods

Kirkleavington Property Company Ltd t/a Eco Chippings warrants that on delivery the Goods shall:
Conform in all material respects with their description subject to (1) below if;

• The Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out;
• Kirkleavington Property Company Ltd t/a Eco Chippings is given a reasonable opportunity of examining such Goods; and
• the Customer (if asked to do so by Kirkleavington Property Company Ltd t/a Eco Chippings) returns such Goods to Kirkleavington Property Company Ltd t/a Eco Chippings and Kirkleavington Property Company Ltd t/a Eco Chippings shall, at its discretion, replace the defective Goods.

(1) Kirkleavington Property Company Ltd t/a Eco Chippings shall not be liable for the Goods’ failure to comply with the warranty above if:

• the Customer makes any further use of such Goods after giving a notice required above;
• the defect arises because the Customer failed to follow the Kirkleavington Property Company Ltd t/a Eco Chippings’s oral or written instructions as to the storage, installation, use or maintenance of the Goods;
• the defect arises as a result of Kirkleavington Property Company Ltd t/a Eco Chippings following any drawing, design or Goods

Specification supplied by the Customer;

• the Customer alters or repairs such Goods
• the defect arises as a result of unreasonable wear and tear, willful damage, negligence, or

Abnormal working conditions;

• the Goods differ as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

Except as provided in this clause, Kirkleavington Property Company Ltd t/a Eco Chippings shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out above.

The Customer should be aware that our rubber chippings are a 100% recycled material which is coloured using a Polyurethane two stage colouring process. Colours may vary between batches and no consistency of colour is guaranteed or warranted.

The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Kirkleavington Property Company Ltd t/a Eco Chippings.

Title and Ownership of Goods

Title to the Goods shall not pass to the Customer until Kirkleavington Property Company Ltd t/a Eco Chippings receives payment in full (in cleared funds) for all Goods that it has supplied to the Customer.

Until title to the Goods has passed to the Customer, the Customer shall:

1. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on Kirkleavington Property Company Ltd t/a Eco Chippings behalf from the date of delivery;
2. notify Kirkleavington Property Company Ltd t/a Eco Chippings immediately if it is the subject of any insolvency related event; and
3. give Kirkleavington Property Company Ltd t/a Eco Chippings such information relating to the Goods as Kirkleavington Property Company Ltd t/a Eco Chippings may require from time to time.

If before title to the Goods passes to the Customer:

1. the Customer becomes subject to an insolvency event and / or
2. Kirkleavington Property Company Ltd t/a Eco Chippings terminates the contract, without limiting any other right or remedy Kirkleavington Property Company Ltd t/a Eco Chippings may require the Customer to return the Goods to Kirkleavington Property Company Ltd t/a Eco Chippings (at the Customer’s cost) and if the Customer fails to return the Goods within 7 days of Kirkleavington Property Company Ltd t/a Eco Chippings demanding their return, Kirkleavington Property Company Ltd t/a Eco Chippings may enter the Customer’s premises/property and recover the Goods.

Charges and Payment

Kirkleavington Property Company Ltd t/a Eco Chippings may, at its sole discretion, ask for the payment of a deposit upon confirmation of the order. If Kirkleavington Property Company Ltd t/a Eco Chippings makes such a request, it shall be under no obligation to take any further steps with regards the order until such time as the deposit has been paid in cleared funds.

The price for Goods shall be the price set out in the Order or, if no price is quoted, the price set out in Kirkleavington Property Company Ltd t/a Eco Chippings published price list as at the date of the Order.

If Kirkleavington Property Company Ltd t/a Eco Chippings is required to supply any Goods over and above those which form part of the original order, Kirkleavington Property Company Ltd t/a Eco Chippings reserves the right to charge for those additional Goods in accordance with the standard rates in force at the time.

Kirkleavington Property Company Ltd t/a Eco Chippings:

1. increase the price of the Goods, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods to Kirkleavington Property Company Ltd t/a Eco Chippings that is due to:
   1. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or
   2. any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give Kirkleavington Property Company Ltd t/a Eco Chippings adequate or accurate information or instructions in respect of the Goods.

All amounts payable by the Customer under the Contract are inclusive of amounts in respect of VAT.

If the Customer fails to make any payment due to Kirkleavington Property Company Ltd t/a Eco Chippings under the Contract by the due date for payment, then Kirkleavington Property Company Ltd t/a Eco Chippings shall reserve the right to charge Compensation and Interest in Accordance with the Late Payment Commercial Debts (Interest) Act 2013 at the advertised rate until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. Kirkleavington Property Company Ltd t/a Eco Chippings may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Kirkleavington Property Company Ltd t/a Eco Chippings to the Customer.

Where a special discount, payment or other terms have been agreed, these shall be strictly subject to the Customer’s compliance with these conditions, and such special terms shall cease and revert to these normal standard terms upon your non-compliance.

If a trade account with a credit limit is agreed this will be issued and will be reviewed quarterly. If noncompliance exists regarding the credit terms agreed then reserve the right to remove all credit facilities and future orders will be offered on a pro-forma basis only.

Intellectual Property Rights

All intellectual property rights in or arising out of or in connection with the Goods manufactured by Kirkleavington Property Company Ltd t/a Eco Chippings shall be owned by Kirkleavington Property Company Ltd t/a Eco Chippings.

Confidentiality

A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority.

Limitation of Liability

Nothing in these Conditions shall limit or exclude Kirkleavington Property Company Ltd t/a Eco Chippings liability for:

1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title
4. and quiet possession);
5. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
6. defective products under the Consumer Protection Act 1987.

Subject to the above:

1. Kirkleavington Property Company Ltd t/a Eco Chippings shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and
2. Kirkleavington Property Company Ltd t/a Eco Chippings total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by the Customer for the Goods and/or Services.

The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract. Kirkleavington Property Company Ltd t/a Eco Chippings gives no warranty as to the suitability of the Goods for the Customer’s particular requirement or objective.

Termination

Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:

1. the other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 10 Days after receipt of notice in writing
2. to do so;
3. the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business;
4. the other party’s financial position deteriorates to such an extent that in Kirkleavington Property Company Ltd t/a Eco Chippings’ opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

Without limiting its other rights or remedies, Kirkleavington Property Company Ltd t/a Eco Chippings  may terminate the Contract with immediate effect if (i) the Customer fails to pay any amount due under this Contract on the due date for payment, and/or (ii) any insolvency related event occurs, or proceeding is taken, in connection with the Customer that has an effect equivalent or similar to an insolvency event.

Without limiting its other rights or remedies, Kirkleavington Property Company Ltd t/a Eco Chippings may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Customer and Kirkleavington Property Company Ltd t/a Eco Chippings if the Customer fails to pay any amount due under this Contract on the due date for payment, or Kirkleavington Property Company Ltd t/a Eco Chippings reasonably believes that the Customer is about to become subject to any of them.

Upon termination of the Contract for any reason:

1. the Customer shall immediately pay to Kirkleavington Property Company Ltd t/a Eco Chippings all of the its outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has yet been submitted, Kirkleavington Property Company Ltd t/a Eco Chippings shall submit an invoice, which shall be payable by the Customer immediately;
2. the Customer shall return all of Kirkleavington Property Company Ltd t/a Eco Chippings goods. If the Customer fails to do so, then Kirkleavington Property Company Ltd t/a Eco Chippings may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;

General

This agreement is personal to the Customer cannot be assigned without Kirkleavington Property Company Ltd t/a Eco Chippings’s prior written consent. Kirkleavington Property Company Ltd t/a Eco Chippings may assign, subcontract, transfer or deal in any other manner with all or any of its rights or obligations under this agreement.

Each right or remedy of Kirkleavington Property Company Ltd t/a Eco Chippings under this agreement is without prejudice to any other right or remedy of Kirkleavington Property Company Ltd t/a Eco Chippings whether under this agreement or not.

Kirkleavington Property Company Ltd t/a Eco Chippings shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from a Force Majeure Event. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Kirkleavington Property Company Ltd t/a Eco Chippings including but not limited to weather related events, strikes, lock-outs or other industrial disputes (whether involving the workforce of Kirkleavington Property Company Ltd t/a Eco Chippings or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

This agreement and the accompanying purchase order constitute the whole agreement between Kirkleavington Property Company Ltd t/a Eco Chippings and the Customer and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.

The Customer acknowledges that, in entering into this agreement it does not rely on any statement, representation, assurance or warranty of any person (whether a party to this agreement or not) other than as expressly set out in this agreement.

Nothing in this agreement is intended to, or shall be deemed to, establish any agency, partnership or joint venture between any of the parties.

If any provision of this agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of this agreement and the remainder of such provision shall continue in full force and effect.

Failure or delay by Kirkleavington Property Company Ltd t/a Eco Chippings in enforcing or partially enforcing any provision of this agreement shall not be construed as a waiver of any of its rights under this agreement.

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

The parties to this agreement do not intend that any term of this agreement shall be enforceable by virtue of this agreement (Rights of Third Parties) Act 1999 by any person that is not a party to it.

The formation, existence, construction, performance, validity and all aspects of this agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

Our terms and conditions are updated every twelve months, please check the website for the most up to date version.