This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (Our Site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract), where you are acting in the course of a business and apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Please note that these terms will not apply where you are purchasing as a consumer and you should refer to the separate “Shop Terms & Conditions of Sale to Consumers” contained elsewhere in Our Site in this regard.
Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. Please tick the box on the Payment page if you accept these Terms. If you refuse to accept them, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Your attention is drawn in particular to the provisions of clause 11.
1.1. We operate the website: www.pitchcare.com We are Maxwell Amenity Limited, a company registered in England and Wales under company number 2152566 and with our registered office at Allscott Park, Allscott, Telford, TF6 5DY. Our VAT number is 100105700. We trade under the brand name “Pitchcare”.
2.1. The images of the Products on Our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.3. We reserve the right to amend the specification of Products if required by any applicable statutory or regulatory requirements.
3.1. Your use of Our Site is governed by our Website Terms and Conditions of Use. Please take the time to read them, as it includes important terms which apply to you.
5.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. You are responsible for ensuring that the terms of the order are complete and accurate
5.2. Your order constitutes an offer by you to purchase the Products in accordance with these Terms. We will confirm our acceptance to you by sending you an e-mail Order Confirmation. The Contract between us will only be formed when we send you the Order Confirmation.
5.3. The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Contract.
5.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible.
6.1. We may revise these Terms from time to time in the following circumstances:
6.1.1. changes in how we accept payment from you; and
6.1.2. changes in relevant laws and regulatory requirements.
6.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.1. All prices included on this site are exclusive of VAT and, unless expressly stated otherwise on the product page, basket or checkout area, are exclusive of delivery charges. Delivery charges, where applicable, will be added in the checkout area.
7.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation
7.3. In some cases, delivery to areas such as Cornwall, the Scottish Highlands and non-mainland UK addresses, may incur additional delivery charges. Where any such charges apply one of our sales team will contact the Customer with details of the additional charges.
7.4. All payments should be made to Pitchcare on the date that the order is placed using one of the payment options listed as available on Our Site.
7.5. Approved Pitchcare Account Holders will be invoiced for payment. If you are an approved Pitchcare Account Holder, you agree to pay within 28 days of the date of the invoice(s), unless other terms have been previously agreed between us in writing.
7.6. We reserve the right to charge interest on a daily basis on outstanding sums at the rate of 4% per annum above the base rate of Barclays Bank Plc as published from time to time.
7.7. The prices of the Products will be as quoted on Our Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 7.8 below for what happens in this event.
7.8. Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on Our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
8.1. Products are despatched direct to you by us or by one of our approved suppliers.
8.2. Standard delivery time for most Products is three working days following the day of order. Saturdays and Sundays and official UK Bank Holidays are NOT defined as working days. Some products are available on a next working day delivery service if the order is placed and paid for before midday the previous working day. In some cases, principally machinery and larger items, delivery may take longer and will require confirmation from the Pitchcare office on 01902 440250.
8.3. You must notify us of the delivery point at the time of ordering your Product. Further, you must notify us of any matters which may affect access to the delivery point, such as (but not limited to) narrow roads, tight corners, weight limit roads, low bridges, hills, steep driveways and driveways with gravel, pebbles or loose stones. The number to call if there are any matters which may affect delivery is 01902 440250.
8.4. Some Products are delivered on pallets or in large dumpy bags, in which case lorries are used and a kerbside delivery only can be guaranteed. In the case of kerbside deliveries, you must be at the delivery point to accept the delivery and you alone are responsible for moving the Product(s) from the kerbside.
8.5. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will make every effort to deliver Products ordered on the agreed date but, we shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
8.6. Delivery will be completed when we deliver the Products to the address you gave us.
8.7. If you have requested that your Product(s) must be signed for, and if no one is available at your chosen address to take delivery, our courier will leave you a card informing you that the Product(s) have been returned to a delivery depot, in which case, please contact us to rearrange delivery.
8.8. If you have requested that your Product(s) need not be signed for, you must provide instructions as to where to leave them. We accept no responsibility for a Product after leaving it as instructed. Please note that deliveries of certain Products (including chemicals and/or hazardous substances) must always be signed for and it will not be an option to for such a Product to be left.
8.9. The Product(s) will be your responsibility from the completion of delivery.
8.10. You own the Product(s) once we have received payment in full, including all applicable delivery charges.
8.11. If you fail to accept delivery of the Product(s) within three days of us notifying you that the Product(s) are ready, then, except where such failure or delay is caused by an Event Outside Our Control or our Supplier's failure to comply with its obligations under the Contract:
8.11.1. delivery of the Product(s) shall be deemed to have been completed at 9.00 am on the third day after the day on which we notified you that the Product(s) were ready; and
8.11.2. we shall store the Product(s) until delivery takes place, and charge you for all related costs and expenses (including insurance).
8.12. If 10 days after the day on which we notified you that the Product(s) were ready for delivery you have not accepted delivery of them, we may resell or otherwise dispose of part or all of the Product(s) and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Product(s) or charge you for any shortfall below the price of the Products.
8.13. You shall not be entitled to reject the Product(s) if we deliver up to and including 5% more or less than the quantity of Product(s) ordered.
8.14. We may deliver the Products by instalments, which may be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
9.1. We deliver to many countries outside of the UK (International Delivery Destinations). However there are restrictions on some Product(s) for certain International Delivery Destinations, so please review the information on that page carefully before ordering a Product.
9.2. If you order a Product from Our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4. You must comply with all applicable laws and regulations of the country for which the Product is destined. We will not be liable or responsible if you break any such law.
10.1. We warrant that on delivery, and for a period of 3 months from the date of delivery (warranty period), the Product shall:
10.2. Subject to clause 10.3, if:
We shall, at our option, repair or replace the defective Product(s), or refund the price of the defective Product(s) in full.
10.3. We shall not be liable for Product’s failure to comply with the warranty set out in clause 10.1 in any of the following events:
10.4. Except as provided in this clause 10, neither we nor our supplier shall have any liability to you in respect of the Product’s failure to comply with the warranty set out in clause 10.1
10.5. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
10.6. These Terms shall apply to any repaired or replacement Product(s) we supply.
10.7. The warranty set out in this clause 10 is in addition to any other warranty or guarantee to which you may be entitled provided by the manufacturer of any Product(s)
10.8. If you receive damaged or defective products, please contact Pitchcare Customer Services within 7 days of receipt on 01902 440280 and by email at firstname.lastname@example.org. Save as provided in this clause 10, no unsolicited returns can be accepted.
11.1. Unless otherwise agreed in advance, we only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
11.2. Nothing in these Terms limit or exclude our liability for:
11.2.1. death or personal injury caused by our negligence;
11.2.2. fraud or fraudulent misrepresentation;
11.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
>11.2.4. defective products under the Consumer Protection Act 1987.
11.3. Subject to the clause above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
11.3.1. any loss of profits, sales, business, or revenue;
11.3.2. loss or corruption of data, information or software;
11.3.3. loss of business opportunity;
11.3.4. loss of anticipated savings;
11.3.5. loss of goodwill; or
11.3.6. any indirect or consequential loss.
11.4. Subject to the clauses above, our total liability to you 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 of the Product(s).
11.5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Product(s). Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
12.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.3.1. we will contact you as soon as reasonably possible to notify you; and
12.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a Product(s) to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.1. Any complaints should be addressed to Pitchcare, Allscott Park, Allscott, Telford, TF6 5DY, or by email to email@example.com.
14.1. We act as an intermediary for a variety of suppliers and therefore the suppliers will in many cases, fulfil you order for a Product placed with us.
14.2. Whilst we accept requests for a telephone call from transport agencies to advise an approximate time of delivery, we cannot guarantee this service to you and it is not included in our specified delivery prices.
15.1. The extra terms and conditions relating to sales of training courses can be found on our Grounds Training website
16.1. Gift Vouchers are issued with an expiry date printed on them.
16.2. Gift Vouchers presented after their expiry date are void and cannot be exchanged or refunded.
16.3. Gift Vouchers cannot be exchanged for cash.
16.4. Gift Vouchers cannot be refunded or returned except in accordance with your legal rights.
16.5. We reserve the right to change any of the terms & conditions without notice.
16.6. We reserve the right to refuse to accept a gift voucher which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud
16.7. Gift Vouchers are issued by: Maxwell Amenity Ltd
17.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in advance and in writing.
17.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect
17.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6. These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.