1.1 PSW SERVICES will do there up most to provide and install as per quotations & estimates. All extra works required will be extra over charges if not part of original quotation or invoice.

1.2 Seasonal growths & weather conditions PSW cannot control. We will always substitute to the same standard when planting and do our up most to complete works in a timely order covering the following works: civil works, maintenance works, tree surgery or planting works.

1.3 PSW SERVICES will do its up most to plant and install foilage and trees in accordance to our training. PSW accepts no responsibility for plants demise after installation or after pruning. 

1.4 PSW SERVICES offer no guarantees for tree surgery other than property damage which is covered by our insurance.

1.5  PSW SERVICES offer no guarantees on grass cutting.

1.6 PSW SERVICES offer a 1 year guarantee on all civil works, excluding subsidence.

1.7 PSW SERVICES offer a 1 year guarantee on all fencing products.

Terms and Conditions

PSW Services 

Knotweed treatment

In ever treatment the upmost care is taken in every respect. Knotweed is a living organism and we cannot 100% guarantee all treatments will be effective. NO ONE CAN.

1. DEFINITIONS & INTERPRETATION

1.1 The terms defined in the terms & conditions shall apply to this schedule

1.2 Headings contained in this agreement are for reference purposes only and should not be incorporated into this

agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate

2. APPOINTMENT

The client appoints the company to perform the works in return for the payments

3. THE COMPANY’s OBLIGATIONS

Under the Wildlife & countryside act 1981 it is an offence “to plant or otherwise encourage” the

growth of Japanese Knotweed. This could include cutting the plant roots and disturbing surrounding soil if not correctly managed.

The company will use reasonable endeavours to perform the works in accordance with:

3.1 The Environment agency guidance document “knotweed code of practice-managing Japanese Knotweed on development sites”: And:

3.2 Current Statues and regulations enforceable in England & wales in respect of Japanese Knotweed

3.3 The Environment act 1995

3.4 The Environmental Protection Act 1990

3.5 Environment Protection (Duty of care) Regulations 1991

3.6 The Special waste regulations

3.7 The Wildlife & countryside act 1981

3.8 The Construction Regulations 1996

3.9 The Control of substances Hazardous to Health regulations 1994

3.10 Crime & policing act amendment 2014

3.11 Infrastructure act 2015

4. THE CLIENTS OBLIGATIONS

In consideration of the services to be rendered by the company under this agreement the client agrees:

4.1 To make the payments promptly without demand deduction or set off

4.2 To ensure the site is prepared in accordance with the requirements of the company

4.3 To afford the company any right of access to the site as is required to perform the works

4.4 To ensure that all employees, agents and / or contractors of the client of the site at the time of the works must

obey the company’s reasonable orders and instructions:

4.5 To ensure that the site utilities locations are made available prior to the start on site. Non-invasive spray works

are deemed not to impact upon utilities however excavation works will require specific location of services. Non supply of site utility locations shall be deemed to mean that there are no services in the areas to be excavated- no liability will be expected by the company for any damage to services not identified by the client

4.6 To ensure that warranties & guarantees are paid in advance to ensure continued site coverage

4.7 Should a site have health & safety issues with particular reference to members of the pubic and require Heras

fencing – This can be installed by psw services at cost to the client

4.8 To pay a deposit for works of 75% for contracts over £10,000 subject to psw services discretion.

5. VAT

5.1 All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties & taxes

5.2 Any VAT or other duties payable in respect of such sums shall be payable in addition to such sums

6. LUMP SUM PRICE

6.1 Where a price is quoted as Lump sum agreed price this figure is not subject to re-measure

7. SURVEY

7.1 The Client understands that the service that the company provides to identify Japanese Knotweed is based on “reasonable endeavours” to identify the infestation at the time of the survey

7.2 Due to the rapid growth characteristics of Japanese Knotweed no liability for additional cost is accepted by the company for any areas of Japanese Knotweed not identified on the original survey

7.3 The client should understand that the underground rhizome system produced by Japanese Knotweed is not visible from surface inspection and that these areas can only be shown as “guidelines”- these areas are identified for discussion purposes only and cannot be used as exact location of roots systems.

8. GENERAL

8.1 The company shall not be liable to the client for loss or damage to the clients property unless due to the negligence or other failure of the company to perform its obligations under this agreement or under the general law

8.2 The company warrants that the works will be performed using reasonable skill & care. Except where the buyer is dealing as a consumer (as defined in the unfair contract terms act 1977 section 12 and/or the unfair terms in consumer contracts regulation 1999 regulation 3(1) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the works, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law

8.3 The company shall be under no liability whatever to the client for any indirect loss and/or expense (including loss of profit) suffered by the client arising by the client arising out of a breach by the company of this agreement

8.4 In the event of any breach of this contract by the company the remedies of the client shall be limited to damages. Under no circumstances shall the companies liability exceed the greater of the payments or the amount of any valid insurance available to meet the claim

8.5 The company shall not be liable for the failure or delay in fulfilling any of its obligations, where fulfilment therefore is prevented, frustrated, impeded, delayed, or rendered uneconomic by circumstances by or events beyond the company’s reasonable control

9. WARRANTIES – 2 YEARS

9.1.1 When the company enters into a 2 year warranty the following operations are covered with no additional costs to the client.

9.1.2 Site monitoring on an annual basis

9.1.3 Any additional “in situ” chemical treatment works as required to eradicate Japanese Knotweed

9.1.4 Any Additional reports as agreed with the client

9.1.5 No cover is allowed for any costs relating to damage to hard surfaces, structures or relocation costs

10.1 When the company enters into a 5 year warranty agreement the standard 12 month obligations apply

10.2 Annual re-visits and written report issued where agreed

10.3 Guarantees are only valid from the date of issue.

10.4 Any tampering or disturbing of the guarantee area by the client or other parties will invalidate the guarantee &

may result in additional costs to the client

11. GUARANTEES – 2 YEARS 

11.1 guarantees include the same operations as the standard warranties but will be backed by a specific underwriter per location on request. This facility can be set up for any contract value. The insurance is designed to guarantee our performance of our contract agreement to you. (i.e to treat the weed, carry out annual site inspection visits and control any re-growth). This does not cover un-associated new growth of the weed.

11.2 The value of the insurance backed guarantee will be confirmed by Invasive psw services and paid for in full prior to works being carried out subject to conformation in writing by client that cover is required.

11.3 The beneficiary of the Insurance backed guarantee will be the client. If an additional beneficiary is required the client must make psw services aware prior to works. Additional beneficiary’s may be added at an additional cost depending on the project

11.4 Amendments are at clients cost.

12. TERMINATION FOR BREACH

The Following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties shall then be determined in accordance with clause 7:

12.1 Failure on the part of the client to make punctual payment of all sums due to the company under the terms of this agreement:

12.2 The levying of any distress or execution against the client or their making any composition or arrangement with creditors or being a company the client’s liquidation (other members voluntary liquidation with the written requests of the client

13. TERMINATION CONSEQUENCES

13.1 In the event of this agreement being determined whether by notice breach or otherwise the client shall immediately pay to the company:

13.1.1 All arrears of payments and any other sums under the terms of this agreement and

13.1.2 All further sums which would but for the determination of this agreement have fallen due by the

end of the agreement

13.2 Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms

of this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform all outstanding duties under this agreement notwithstanding that the other may have exercised one or more of the rights and remedies against it

13.3 Any right or remedy to which either party is or may become entitled under this agreement or in consequence of the other conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement or now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative

14. MISCELLANEOUS

14.1 All sums due from the client to the company which are not paid on the due date (without prejudice to the rights of the company under this agreement) shall bear interest from day to day at a monthly rate of 2%

14.2 The receipt of the money by either of the parties shall not prevent either of them from questioning the correctness of any statement in respect of such money

14.3 Both parties shall be released from their respective obligations in the event of a national emergency war prohibitive governmental regulation or any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement impossible whereupon all money due under this agreement shall be paid immediately

14.4 If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable illegal, or otherwise unenforceable the remaining provisions of this agreement shall remain in full force and effect unless the company in the company’s discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event the company shall be entitled to terminate this agreement by 30 days’ notice to the client and the provisions of clause 8 shall apply accordingly

14.5 Each party acknowledges that this agreement contains the whole agreement between the parties and that it is not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations in matters relating to it

14.6 This agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the date of this agreement but without prejudice to any rights which have already accrued to either of the parties

14.7 Any decision exercise of discretion judgement or opinion or approval of any matter mentioned in this agreement or arising from it shall be binding on a party only if in writing and be its sole discretion unless otherwise expressly provided in this agreement

14.8 Each of the parties shall give notice to the other of the change or acquisition of any address or telephone or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition

14.9 All notices to be given under this agreement shall be in writing and shall either be delivered personally, by mail or electronic mail and shall be deemed duly served:

14.9.1 In the case of notice delivered personally at the time of delivery

14.9.2 In the case of a notice sent by post 2 clear days after dispatch

14.9.3 If sent by Electronic mail an acknowledgement from the receiver & followed up with telephone call (recorded if necessary)

14.10 Each notice shall be addressed to the address of the party concerned set out in this agreement or to such other address as that party shall have previously notified to the sender

14.11 This agreement and all rights under it may be assigned or transferred by the company

14.12 This agreement shall be governed by English law in every particular including formation & interpretation

and shall be deemed to have been made in England

14.13 Any proceedings arising out of or in connection with this agreement may be brought in any court of

competent jurisdiction in England & Wales

14.14 All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of

any right under this agreement shall restrict or prejudice the exercise of any other right granted by this

agreement or otherwise available to it

14.15 No term shall survive expiry or termination of this agreement unless expressly provided

14.16 The failure of either party to enforce at any time or for any period any one or more of the terms or

conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce

all terms and conditions of this agreement

14.17 During the term of this agreement the company shall be an independent company and not the servant of

the client and the company shall not be subject to directions from the client as to the manner in which he

performs his work

14.18 Each of the parties shall pay any costs and expenses incurred by it in connection with this agreement

14.19 A third person which it not party to this agreement has no rights under the contracts (rights of third

parties) act 1999 to enforce any terms of this agreement

14.20 By commissioning work from Invasive PSW services you are bound by the terms and conditions of this agreement.