1. SCOPE OF THE AGREEMENT
1.1 Subject to the terms and conditions of this Agreement:
1.1.1 Humphreys Landscaping undertakes to carry out the agreed works; and
1.1.2 the Customer undertakes to accept and pay for the agreed works.
2. CUSTOMER’S RESPONSIBILITIES
2.1 The Customer warrants that:
(a) the Customer is the owner of the property stated on the cover page of this agreement (“Site”) or is authorised by the owner of the Site to carry out the agreed works on the Site; and
(b) Humphreys Landscaping shall have free and unimpeded access to the Site for the purpose of carrying out the agreed works, and that (except where agreed otherwise) the Site will be cleared of all debris prior to commencement of the agreed works.
2.2 The Customer shall ensure that, if other parties are to be allowed access to the Site during the term of this agreement, this shall be by agreement with Humphreys Landscaping, and the Customer shall ensure that such other contractors are co-ordinated to allow unimpeded access to the Site or completion of works by Humphreys Landscaping.
3. CONTRACT SUM AND PAYMENT
3.1 The Customer shall pay to Humphreys Landscaping the agreed price (“Contract Sum”) in the manner, at the rate and at the times provided in this agreement.
3.2 The Customer shall pay Humphreys Landscaping the amounts due under clause 3.1 within 7 days of receiving an invoice from Humphreys Landscaping.
3.3 Where any monies owing under this agreement are not paid by the due date, the Customer shall pay interest equal to 1.5 times the interest rate payable by Humphreys Landscaping for its overdraft facilities at the time of the default. This interest shall be paid from the date on which the amount became due to the date of payment together with all debt collection costs incurred by Humphreys Landscaping.
3.4 All materials supplied by Humphreys Landscaping, including materials incorporated into the agreed works, shall remain the property of Humphreys Landscaping until payment has been made in full. Humphreys Landscaping shall be entitled to unrestricted access to the Site to dismantle and remove all agreed works and materials if payment is not made in accordance with this agreement.
3.5 If the Site is sold or is in any way disposed of, prior to all payments being made to Humphreys Landscaping, the Customer shall hold the proceeds of such sale or disposition in trust for Humphreys Landscaping to the extent that any monies remain owing under this agreement.
3.6 All sums a payable without deduction, setoff, counterclaim or cross demand of any kind