Our Policies

Archway Green Limited has been landscaping in the UK for nearly 50 years, renown for our professionalism, reliability and integrity in every area of our business activities. The company continually innovates and improves both our processes and our services to ensure that our valued customers are provided with consistent and high-quality products that meets with the demands of a continually evolving world and exceeds expectations.
The senior management team place particular emphasis upon experience, expertise, capability, reliability, and quality. Archway Green Limited has a policy of providing only products and services which have the requisite quality to merit total customer satisfaction. To fully realise this commitment the senior management team have established the following objectives as a cornerstone of our company quality management system.

• To consistently comply with the industry requirements for all quality, legal and statutory requirements and continuously review and improve the effectiveness of the company’s overall performance.
• To understand our customers’ requirements and expectations and continuously seek to improve our services to enhance customer satisfaction.
• Provide the highest levels of customer service with a minimum cause for complaint. Should complaints be received ensure they are dealt with in a timely manner with a view to establishing the root cause and corrective actions to prevent any recurrence.
• Maintain a healthy constructive work environment to enable our staff to work at optimal performance levels.
• Provide continuous training and development for our staff in line with the company’s needs.
• Continuous review of our supply chain established over the past 50 years.

In order to achieve the above objectives, it is the policy of Archway Green Limited to consistently review the suitability and effectiveness of the quality Management System. We will review processes and procedures in conjunction with our senior management team and our operatives whose contribution and input is seen as vital in the continuous improvement and development of our company.

Archway Green Limited acknowledges that Health and Safety at work is an integral part of the company’s performance. Health and safety are incorporated into all our business activities from the office environment to the works carried out by our staff on site. This statement is written in accordance with section 2 of the Health and Safety at Work Act 1974.
The Board has nominated Jordan Devenish to have overall responsibility for all matters related to Health and Safety; he will be assisted day to day by Natalia Gaspar (Health and Safety Admin).
Archway Green Limited acknowledges that the key to a successful Health and Safety plan requires an effective policy, regular risk assessments, and training of staff.
Archway Green Limited is committed to:

• Undertaking relevant risk assessments and actions arising from the assessment implemented.
• All staff and subcontractors were given the necessary Health and Safety inductions and provided with the appropriate training.
• Providing safe and well-maintained plant and equipment on site.
• Providing a safe working environment and safe working methods for all activities.
• Providing Personal Protective Equipment (PPE) to enable staff to carry out their duties safely.
• Put in place preventative measures to eliminate accidents and work-related ill-health.
• Routinely consult with staff on Health and Safety matters as they arise and via scheduled Health and Safety performance review meetings.
• Review and amend this policy statement as often as may be required.

The management team at Archway Green considers the promotion of Health and Safety measures as a mutual objective for themselves and the employees. It is therefore the policy of the management to do all that is reasonably and practically possible to prevent personal injury or damage to company property. The management is committed to protecting everyone from our employees to visitors or members of the public insofar as they encounter from our business activities.

Archway Green Limited has been landscaping in the UK for nearly 50 years, renown for our professionalism, reliability and integrity in every area of our business activities. The company’s tag line is “Developing and Nurturing Environments” showing that care for the environment is an integral and fundamental part of our business strategy and operating methods. As such the senior management team are committed to implementing environmentally responsible standards and practices as part of our continued environmental improvement plans.

To support our commitment to improving the environment the senior management team have established the following key objectives.

• Assess the environmental impact and risks of all current and future operations to continually minimise our environmental impact.
• Identify and ensure compliance with all relevant Environmental Legislation and standards of relevance in the industry in which we operate.
• Prevent pollution and reduce any impacts of our operations on the environment and local communities in the areas in which we operate.
• Continuously review our supply chain and source products responsibly.
• Utilising recycled and sustainable materials where possible.
• Monitor waste production throughout our operations and seek to reduce, reuse and recycle waste where possible.
• Operate and maintain plant and equipment to minimise environmental impact.
• Communicate our environmental policy to all staff and make it available to interested parties via our website.

In order to continually reduce our environmental impact, it is the policy of Archway Green Limited to consistently review the suitability and effectiveness of our Environmental Policy.

What does your policy cover?

1. This anti-bribery policy exists to set out the responsibilities of Archway Green Limited and those who work for us in regard to observing and upholding our zero-tolerance position on bribery and corruption.

2. It also exists to act as a source of information and guidance for those working for Archway Green Limited. It helps them recognise and deal with bribery and corruption issues, as well as understand their responsibilities.

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Policy statement

1. Archway Green Limited is committed to conducting business in an ethical and honest manner and is committed to implementing and enforcing systems that ensure bribery is prevented. Archway Green Limited has zero-tolerance for bribery and corrupt activities. We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever in the country we operate.

2. Archway Green Limited will constantly uphold all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate. We are bound by the laws of the UK, including the Bribery Act 2010, regarding our conduct.

3. Archway Green Limited recognises that bribery and corruption are punishable by up to ten years of imprisonment and a fine. If our company is discovered to have taken part in corrupt activities, we may be subjected to an unlimited fine, be excluded from tendering for public contracts, and face serious damage to our reputation. It is with this in mind that we commit to preventing bribery and corruption in our business and take our legal responsibilities seriously.

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Who is covered by the policy?

1. This anti-bribery policy applies to all employees (whether temporary, fixed-term, or permanent), consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, agents, sponsors, or any other person or persons associated with us (including third parties), or any of our subsidiaries or their employees, no matter where they are located (within or outside of the UK). The policy also applies to Officers, Trustees, Board, and/or Committee members at any level.

2. In the context of this policy, third-party refers to any individual or organisation our company meets and works with. It refers to actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies – this includes their advisors, representatives and officials, politicians, and public parties.

3. Any arrangements our company makes with a third party is subject to clear contractual terms, including specific provisions that require the third party to comply with minimum standards and procedures relating to anti-bribery and corruption.

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Definition of bribery

1. Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision.

2. A bribe refers to any inducement, reward, or object/item of value offered to another individual to gain commercial, contractual, regulatory, or personal advantage.

3. Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.

4. Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively (as described above), or through a third party. They must not accept bribes in any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the company’s management team.

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What is and what is NOT acceptable

1. This section of the policy refers to four areas:

• Gifts and hospitality

• Facilitation payments

• Political contributions

• Charitable contributions

2. Gifts and hospitality

Archway Green Limited accepts normal and appropriate gestures of hospitality and goodwill (whether given to/received from third parties) so long as the giving or receiving of gifts meets the following requirements:

• It is not made with the intention of influencing the party to whom it is being given, to obtain or reward the retention of a business or a business advantage, or as an explicit or implicit exchange for favours or benefits.

• It is not made with the suggestion that a return favour is expected.

• It is in compliance with local law.

• It is given in the name of the company, not in an individual’s name.

• It does not include cash or a cash equivalent (e.g. a voucher or gift certificate).

• It is appropriate for the circumstances (e.g. giving small gifts around Christmas or as a small thank you to a company for helping with a large project upon completion).

• It is of an appropriate type and value and given at an appropriate time, considering the reason for the gift.

• It is given/received openly, not secretly.

• It is not selectively given to a key, influential person, clearly with the intention of directly influencing them.

• It is not above a certain excessive value, as pre-determined by the company’s management team (usually in excess of £100).

3. Archway Green Limited recognises that the practice of giving and receiving business gifts varies between countries, regions, cultures, and religions, so definitions of what is acceptable and not acceptable will inevitably differ for each.

4. As good practice, gifts given and received should always be disclosed to the manager. Gifts from suppliers should always be disclosed.

5. The intention behind a gift being given/received should always be considered. If there is any uncertainty, the advice of the manager should be sought.

6. Facilitation Payments and Kickbacks

Archway Green Limited do not accept and will not make any form of facilitation payments of any nature. We recognise that facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. We recognise that they tend to be made by low level officials with the intention of securing or speeding up the performance of a certain duty or action.

7. Archway green Limited does not allow kickbacks to be made or accepted. We recognise that kickbacks are typically made in exchange for a business favour or advantage.

8. Archway Green Limited recognises that, despite our strict policy on facilitation payments and kickbacks, employees may face a situation where avoiding a facilitation payment or kickback may put their/their family’s personal security at risk. Under these circumstances, the following steps must be taken:

a. Keep any amount to the minimum.
b. Ask for a receipt, detailing the amount and reason for the payment.
c. Create a record concerning the payment.
d. Report this incident to the manager.

9. Political Contributions

Archway Green Limited will not make donations, whether in cash, kind, or by any other means, to support any political parties or candidates. We recognise this may be perceived as an attempt to gain an improper business advantage.

10. Charitable Contributions

Archway Green Limited accepts (and indeed encourages) the act of donating to charities – whether through services, knowledge, time, or direct financial contributions (cash or otherwise) – and agrees to disclose all charitable contributions it makes.

11. Employees must be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery.

12. We will ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are not offered/made without the approval of the company directors.

 1.    DEFINITIONS

1.1 The definitions and rules of interpretation in this clause shall apply in these terms and conditions.
Commencement Date means the date that the Contractor shall commence work as agreed between the Contractor and the Client from time to time, but no later than 30 days from the date of the Quotation, unless otherwise agreed in writing between the Contractor and the Client.
Completion Date means the date the Works are intended to be completed as agreed between the parties from time to time.
Contractor means the contractor; Archway Green Ltd supplying the Quotation to which these terms and conditions apply.
Client means the person, firm or company who enters into a contract with the Contractor for the provision of landscaping works.
Intellectual Property means the plans, drawings and Specifications submitted by the Contractor (whether before or after the making of the contract).
Quotation means the written estimate provided by the Contractor for the completion of the Works.
Site means the location where the works are to be performed by the Contractor.
Specification means the documents including detailed plans and/or drawings describing the Works provided by the Contractor.
Works means the work to be carried out by the Contractor under the contract as set out in the Specification together with any other services which the Contractor agrees to provide to the Client.
1.2 Paragraph headings shall not affect the interpretation of these conditions.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not
having a separate legal personality) and that person’s legal and personal representatives,
successors and permitted assigns.
1.4 Words in the singular shall include the plural and vice versa.

2. GENERAL

2.1 In these conditions of sale:
(a) The company means Archway Green Ltd.
(b) The customer means any person contracting with the company for the supply of
products or services.
(c) These conditions may only be modified by a variation in writing signed on behalf of the
company by a Director.
(d) Making a purchase will be taken as agreement to these conditions of sale.

3. THE SCOPE OF THE WORK:

3.1 The contractor (Archway Green Ltd) shall carry out and complete the landscape work described in the Contract Documents in a good and workmanlike manner. He shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and drawing, the description contained in the specification shall prevail over the drawing.
3.2 The client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.
3.3 These Conditions shall be deemed to be incorporated into any contract between the Client and the Contractor and shall take precedence over any other terms and conditions (unless identified and agreed in writing by the Client/Contractor, and any deletion, substitution or amendment to these terms shall not take place unless agreed in writing by the Contractor and the Client.
3.4 If there is any inconsistency between the drawings and/or plans and any description of the works in the Specification, the latter shall prevail.
3.5 The Contractor shall carry out and complete the landscape works described in the Specification with reasonable care and skill and in a proper and workmanlike manner. Should any inconsistencies be found between the contract documents, these are to be highlighted and a revised price agreed prior to the Commencement Date. If any such inconsistency comes to light after the Commencement Date the Contractor shall be entitled to be paid a reasonable sum for any extra work or cost thereby incurred.
3.6 The Client shall obtain all permissions, give all notices and pay all fees required under any Act of Parliament or any regulation or by the law of any local authority or statutory undertaker having any jurisdiction with regard to the Works and the Client shall indemnify the Contractor against any claim, proceedings, loss or expense resulting from the Client’s breach of this clause in whole or in part. The Client must produce copies of all relevant approvals to the Contractor prior to the Commencement Date. If not produced, work should not commence.

4. QUOTATION

4.1 A quotation shall remain open for acceptance within thirty days of the date shown and thereafter lapses automatically.

5. VARIATIONS

5.1 Variations to the works as described will only be undertaken upon instructions given in writing by the Client to the Contractor. Oral instructions will not be instructed. It should be noted that site personnel have no authority to alter the contract in any way. The price of any additional work, properly treated as a variation, will be based upon costs prevailing at the date of the instruction

6. CONTRACT SUM

6.1 The Contractor shall provide the Quotation in writing specifying the Works to be carried out and a breakdown of the cost of the Works.
6.2 The Quotation shall remain open for acceptance for 30 days (or such other period as may be agreed in writing) from the date it is provided by the Contractor. If the Quotation is not accepted by the Client in writing within this period, the Quotation will lapse and be deemed to have been withdrawn.
6.3 If the Client accepts the Quotation in writing within the period stipulated in clause 3.2 the price contained in the Quotation shall become the ‘Contract Sum’ except as expressly provided in these terms. A binding contract will come into existence when the Client accepts the Quotation in writing.
6.4 The Client may issue to the Contractor reasonable instructions to vary and modify the quality and quantity of the Works. All instructions given by the Client must be given in writing. The Contractor is not under an obligation to carry out a verbal instruction until it is confirmed in writing, except in the case of an instruction being issued by the Client in an emergency e.g. health and safety matters. All instructions issued in an emergency shall be confirmed in writing within 3 days and the Contractor shall be entitled to be paid for work properly carried out in accordance with any such instruction.
6.5 If the variation will alter the cost of carrying out the Works, the Contractor will provide a written Quotation and cost breakdown for the cost of carrying out the variation and the effect it will have on the Completion Date. The Client and the Contractor will agree on an adjustment to the Contract Sum in writing. If the Client receives the amended Quotation and wishes to proceed, the Client shall confirm his instruction to proceed in writing, accepting the new Quotation and the extended Completion Date.
6.6 Where any additional or substituted work is of a similar nature to the Works, such works should be valued to the cost breakdown set out in the Quotation. Otherwise, such work shall be valued at fair rates and prices agreed prior to execution and any additional payment due to the Contractor or any extension to the Completion Date shall be added to the Contract Sum and Completion Date respectively.

7. RIGHT TO CANCEL

7.1 If this contract is made at a location that is not the usual place of business of the Company, you may have rights to cancel the same under the Consumer Contracts etc. Regulations 2013. Provided you have been supplied with a notice as prescribed by such Regulations (which, if applicable, should be attached to and is hereby incorporated in this
contract document), such right to cancel will expire 14 days after receipt of the said notice.

8. PAYMENT

8.1 The Contractor shall be entitled to receive interim payments at the intervals stated in the Quotation. If no payment interval is agreed the first interim payment shall be due within 14 days of the first agreed valuation date. If no valuation dates are stated or agreed the Contractor may invoice monthly and payment shall become due 14 days after receipt by the Client of the Contractor’s monthly applications.
8.2 Where monthly payment periods apply the first interim payment shall not become due until 28 days after the Commencement Date, thereafter payment shall become due 28 days after receipt by the Client of the Contractors application.
8.3 Fortnightly or weekly payment periods shall apply as above 6.2, but after 14 days or 7 days respectively.
8.4 Without prejudice to the Contractor’s other rights and remedies, if the Client shall fail to pay as provided in the above clauses, the Contractor shall be entitled to suspend Works 7 days after giving notice to that effect to the Client.
8.5 The Client shall pay to the Contractor any Value Added Tax properly chargeable on the supply to the Client of any goods and services under these terms. The Client may at any time request appropriate evidence of the Contractor’s current VAT registration status. Should the Contractor fail to provide evidence then the Client may withhold amounts attributable to VAT on any outstanding payment.
8.6 Interest on all payments due from the Client to the Contractor shall accrue and be payable from the date when payment first becomes due on a daily basis until the date of actual payment at a rate equivalent to 4% over the base lending rate for the time being of National Westminster Bank plc and shall accrue at such rate after as well as before any
judgment.

9. THE SITE

9.1 The Client warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations of former buildings or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing by the Client to the Contractor prior to the date upon which the Contractor submits the quotation overleaf. If the Client breaches the above warranty the Contractor shall be entitled to make a reasonable charge for all additional work necessarily and properly executed by the Contractor as a result.
9.2 Adequate access to the site must be made available by the Client to the Contractor to enable the work to be carried out in a regular and economic manner.

10. DELAY/ DISRUPTION

10.1 The Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time. The Contractor shall incur no liability however for any delays or non-performance arising from force majeure, adverse weather conditions, strikes, lockouts, war or other hostilities or any active event beyond his reasonable control in whole or in part.

11. COMMENCEMENTS, COMPLETION, DELAY AND DISRUPTION

11.1 The Client shall give to the Contractor full possession of the Site together with proper and adequate access to allow the Contractor to carry out and complete the Works and the Contractor shall commence the Works on Site on the Commencement Date.
11.2 The Contractor shall take possession of the Site and commence the Works on the Commencement Date and shall proceed with due diligence and use reasonable endeavours to complete the Works by the Completion Date.
11.3 If it becomes reasonably apparent to the Contractor that the progress of the Works is being delayed and/or the Works will not be completed by the Completion Date, the Contractor shall within 7 days of any event or occurrence giving rise to such delay notify the Client in writing of the cause and duration of such delay. The Completion Date will be extended by a fair and reasonable amount of time if the Contractor:
a) Has to spend extra time completing the Works because of variations made to the Specification.
b) the Works are delayed by any act or omission of the Client.
c) cannot finish the Works on time for reasons beyond his control such as excessively adverse weather conditions, and/or variable Site conditions and/or any delay caused by the Client and/or late delivery of supplies to site.
11.4 The Contractor shall be entitled to claim any reasonable additional costs incurred as a result of the Completion date being extended due to any events that may occur in clause
11.3 and such additional costs shall be added to the Contract Sum.
11.5 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
11.6 Nothing in these terms limits or excludes the liability of the Contractor;

(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Contractor.

11.7 Subject to clauses 11.5 and 11.6, the Contractor shall not be liable for: (a) loss of use; or
(b) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses including loss of enjoyment and injury to feelings; or
(c) loss of profits or business.

11.8 The Contractor’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising out of or in connection with the performance or contemplated performance of the contract shall be limited to the amount of monies actually received by the Contractor under the contract.

12. MATERIALS ON SITE

12.1 Materials delivered to the site become the responsibility of the Client, and the Contractor accepts no responsibility for loss, damage or expense after delivery of the materials to site for any reason, including pilfering while materials are on site during the course of the contract works, where such losses are beyond the Contractors reasonable control.
12.2 All materials bought on site by the Contractor, which prove to be in excess of his requirements, shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.

13. MATERIALS

13.1 Where any materials have been incorporated into the Works or the Site, the property in such materials and goods shall pass to the Client immediately upon their incorporation notwithstanding that the value of such materials and goods may not have been included in any interim payment or final payment or any payment received by the Contractor in
respect thereof.
13.2 Unfixed materials and goods delivered, placed on or adjacent to the Site and intended for use in connection with the Works shall remain the property of the Contractor until the value of such materials and goods have been included in any interim or final payment and the amount has been discharged whereupon such materials and goods shall become the
property of the Client.
13.3 The Client and the Contractor may agree on payment for offsite materials and goods in which case such materials and goods shall become the property of the Client upon payment and shall be so identified.
13.4 The Intellectual Property submitted by the Contractor shall remain the property of the Contractor. It may not be used by the Client, nor reproduced or communicated to a third party without the Contractor’s express prior written consent.

14. MAINTENANCE AFTER COMPLETION

14.1 The Contractor undertakes to execute the basic requirements for the initial establishment of planting and grass areas, but, following the practical completion of the contract, the responsibility for proper maintenance of the site passes to the Client. (Guidance on maintenance operations will be supplied on request)

15. PLANTING

The Contractor guarantees that all plants and trees will be inherently healthy when supplied. Planting and maintenance guidance is available on request, however, responsibility for loss after the first growing season, cannot be accepted since site conditions are beyond the Contractors control

15.1 We offer an establishment guarantee of 12 months on all stock we have supplied and planted. Deciduous items planted outside the growing season (from September through to March) have an extended guarantee to the end of the May.
15.2 Our guarantee policy:

(a) The above establishment guarantee is subject to certain conditions described below. In the rare occurrence of plant failure, we will do our utmost to replace the plant with one of the same specifications. Where exact replacements are not available an alternative choice will be offered. We will remove the original plant and replant the new one in its place at
no extra charge.
(b) All trees must be secured using a stake and tie at the time of planting.
(c) This warranty does not cover malicious damage, vandalism and/or failure by the client, his employees/staff or subcontractors to provide adequate water to the plant(s) during the course of the warranty period. Acts of God such as storm, excessive wind, flooding, drought, earthquake and the like are not covered by the warranty.
(d) For plants that are selected by the customer or the customer’s agent that are unsuitable for the soil, location or conditions in which they are planted, this guarantee does not apply. We will always try to advise as accurately as possible however all advice given is given to the best of our knowledge and without a site visit.
(e)Archway Green maintain the right to perform soil testing and drainage pits for water logging/poor site drainage.
(f) The Archway Green Guarantee requires all plants, shrubs, trees and bulbs to be planted in topsoil to British standard. (as per BS3882:2015)
(g) Archway Green does not accept responsibility for works that have been damaged or losses that have been incurred through other trades and building activity damaging the works.

15.3 We will do our best to plant where the customer instructs us to however if planting is attempted and deemed not possible due to, including but not limited to, underground obstructions, inappropriate planting conditions or roots, we will discuss this with the customer. Should we be unable to make contact then the customer will become liable for any re-delivery and/or re-planting charges.

16 QUALITY OF ALL WORKMANSHIP

Will be in accordance with recognised constructional and horticultural practice and that materials supplied will be suitable for their intended use. Where normal ground conditions prevail, the contractor warrants a 12-month defects period (Archway Green Guarantee) from the date of practical completion for any workmanship found to be defective due to any cause other than neglect, damage or theft. The contactor is unable to offer guarantees for products supplied outside its own manufacture. Unless otherwise stated, timber supplied will be pressure treated. It should be noted that timber products can be prone to some natural movement in extreme weather conditions for which the contractor can accept no liability.

17. OUR COMMITMENT

17.1 We guarantee that all our stock is healthy and ready for planting at the time of supply.
17.2 All information and advice provided are provided at no cost and to the best of our knowledge with the understanding that no site visit has been made.

18. SUPPLY OF PRODUCTS

18.1 All products are sold on the understanding of the following:

(a) No warranty is given or implied by law as to the quality or suitability of products supplied by the company, except as stated in writing by the company.
(b) The customer fully understands that plants are living material and therefore an everchanging product.
(c) The customer fully understands that plants are a perishable product and will deteriorate in quality if not provided with the appropriate aftercare.
(d) The customer will provide adequate levels of water from the point of delivery to maintain the quality of the plant(s) and promote healthy growth and establishment.

It is the Contractors policy to reduce unnecessary landfill and waste. Where possible, suitable materials will be recycled on-site. This is no way affects the quality of work supplied but has a positive effect on the environment and in most cases offers savings on project costs.

19. EXCAVATION/FOUNDATIONS/ SPOIL

Where reasonable inspection of below-ground conditions is not possible prior to quotation, the contractor reserves the right to make fair and reasonable charges for extra costs arising

20. DISPUTES

20.1 Any dispute, question or difference arising under or in connection with this contract shall in the first instance be submitted to adjudication in accordance with clause 29.2 and thereafter to the exclusive jurisdiction of the English Courts.
20.2 The Client and the Contractor shall have the right to have the dispute or difference referred to such person or persons as the parties may agree to appoint. The BALI Complaints procedure will be the initial path undertaken (details available on BALI Website www.bali.org.uk or BALI HQ on 024 7669 0333). In event that the parties fail to agree upon an independent Adjudicator within 14 days after either party has given to the other written notice to concur in the appointment of an Independent Adjudicator, the Complaints Committee of the British Association of Landscape Industries shall, upon request from either party, offer an Adjudicator. The Adjudicator shall act as an expert and shall not be bound to follow the principles of law but may decide the matter submitted to him according to what he considers fair and reasonable in all the circumstances. The costs of the proceedings shall be borne by both parties or as otherwise agreed with the Adjudicator.

21. DATA PROTECTION

21.1 This section sets out how the Company collects your personal data, how the Company uses it and who the company shares it with. Under the Data Protection Act 1998 (the “Act”), your data controller is the Archway Green Ltd.
21.2 Access to Personal Data: The Act gives you the right to access information held about you by the Company. Your right of access can be exercised in accordance with the Act.

31. SEVERANCE

31.1 Each of the provisions of these conditions is separate and distinct from the others and if any of them is held by competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

32. ASSIGNABILITY

32.1 The Client shall not assign, delegate or otherwise deal with any of his rights and obligations under the contract without the prior written consent of the Contractor.
32.2 The Contractor is entitled to assign its rights and conditions under the contract in whole or in part at any time.

33. RIGHTS OF THIRD PARTIES

33.1 This contract is made for the benefit of the parties to it and (where applicable) their successors in title and permitted assigns and is not intended to benefit or be enforceable by anyone else pursuant to the Contracts (Rights of Third Parties) Act 1999 or analogous legislation.

34. ENTIRE AGREEMENT

34.1 These terms, and any documents referred to herein, constitute the entire agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
34.2 The Client acknowledges that, in entering into this contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this contract or in the documents referred to in it.
34.3 The Client and the Contractor agree that all liability for and remedies in respect of any representations other than those expressly set out in this contract or the documents referred to in it are excluded (except always that nothing in this clause or elsewhere in these terms shall seek to limit liability for fraudulent misrepresentation(s)).

35. GOVERNING LAW AND JURISDICTION

35.1 This contract and any dispute or claim arising out of it or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
35.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the contract.

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1. Data protection principles

The Company is committed to processing data in accordance with its responsibilities under the GDPR.

Article 5 of the GDPR requires that personal data shall be:

a. Processed lawfully, fairly and in a transparent manner in relation to individuals;

b. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

c. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

d. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

e. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and

f. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

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2. General provisions

a. This policy applies to all personal data processed by the Company.

b. The Responsible Person shall take responsibility for the Company’s ongoing compliance with this policy.

c. This policy shall be reviewed at least annually.

d. The Company shall register with the Information Commissioner’s Office as an organisation that processes personal data.

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3. Lawful, fair and transparent processing

a. To ensure its processing of data is lawful, fair, and transparent; the Company shall maintain a Register of Systems.

b. The Register of Systems shall be reviewed at least annually.

c. Individuals have the right to access their personal data, and any such requests made to the company shall be dealt with in a timely manner.

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4. Lawful purposes

a. All data processed by the Company must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).

b. The Company shall note the appropriate lawful basis in the Register of Systems.

c. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.

d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Company’s systems.

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5. Data minimisation

a. The Company shall ensure that personal data is adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.

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6. Accuracy

a. The Company shall take reasonable steps to ensure personal data is accurate.

b. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

c. To ensure that personal data is kept for no longer than necessary, the Company shall put in place an archiving policy for each area in which personal data is processed and review this process annually.

d. The archiving policy shall consider what data should/must be retained, for how long, and why.

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7. Security

a. The Company shall ensure that personal data is stored securely using modern software that is kept up to date.

b. Access to personal data shall be limited to personnel who need access, and appropriate security should be in place to avoid unauthorised sharing of information.

c. When personal data is deleted, this should be done safely such that the data is irrecoverable.

d. Appropriate backup and disaster recovery solutions shall be in place.

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8. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Company shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).

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