Terms of service

CH1TL, Terms and Conditions.

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1. General

In these conditions of sale:
The company means CH1TL.
The customer means any person contracting with the company for the supply of
products or services.
Delivery means delivery by the company or any haulier employed by the company
directly or indirectly.
These conditions may only be modified by a variation in writing signed on behalf of
the company by a Director.
Submission of a purchase order online will be taken as agreement to these
conditions of sale.

2. Supply of Products

Products are sold under the express understanding that:
The company is only liable up to the value of the goods sold or supplied.
The customer and the company are contracting in the course of their respective
business and, except as stated in writing by the company, no condition or warranty is
given or implied by law, custom, usage or otherwise as to the quality or fitness for
any purpose of the goods sold by the company.
The customer understands that the company may elect to supply goods via a third
party supplier. In these instances the substituted goods will always be of at least
equal quality to those supplied and produced by CH1TL.
The customer fully understands that turf is a growing crop and therefore an ever
changing product.
The customer fully understands that turf is a perishable product, which must be
properly laid on properly prepared topsoil.
The customer understands that once delivered, turf must be rolled out and laid within
a maximum of two hours and must be watered adequately to encourage rooting.
The customer understands that bark and similar products are measured when
packed and due to the nature of the product a degree of settlement will occur.
The customer is also aware that bark is measured by a certified loading bucket
which is stamped and measured by Trading Standards and not by the dimensions of
the bag it is delivered in.
The customer is also aware that all stated weights and measures of bags are
approximate only.
Ultragrip™ Rock Salt, White Rock Salt, Rock Salt and any products containing salt will
work effectively in temperatures as low as minus 6 degrees. Salt has a freezing point
of minus 7 to minus 9 degrees and at this point products containing salt will freeze
and in some instances completely solidify. If frozen and thawed these products may
not work as effectively as when in original condition; for example there is a risk of
dissolve and clumping.

3. Complaints

The company require any complaint to be made in writing by the customer within 48
hours of collection or delivery of goods.
Complaints can be sent to the company registered address or via email to

4. Delivery

The company will make every effort to deliver products ordered on the requested
date, but, if for any reason the company is unable to deliver then no liability will fall to
the company; whether in damages or otherwise, for delay of whole or any part of the
goods ordered arising from any cause whatsoever.
Delivery by the company shall be conditional upon access free from encumbrances
and good roads being available to the company’s vehicles to the point of delivery.
The company will not accept any liability for damages to property caused during
delivery whereby the customer has instructed drivers or have made requests for
goods to be placed anywhere other than on the kerbside.
In cases of damage caused by a third party employed by CH1TL, the
Customer will be given contact and insurance details of the third party in order to
make any claims for damages or insurance claims direct with the supplier.
The customer understands that the company can only guarantee a kerb or road side
delivery and that ultimately they are happy for goods to be left in this manner.
Customers should be aware that in some parts of the UK it is necessary to obtain a
permit to have goods delivered to the kerb or road side.
If the customer requests delivery to somewhere other than the kerb or road side then
they must be aware that this may not be possible and that they must take a kerb or
road side delivery in the face of this.
If delivery to a specified point is achievable then the customer must ensure that any
access routes or end points the delivery vehicle must travel on can withstand the
weight of a vehicle which weighs 18 tonnes or more.
Products are usually delivered on a vehicle with a gross vehicle weight of 32 tonnes
or more - depending on the load size and the product. It is therefore the customer’s
responsibility to find a suitable delivery point for products to be tipped off a vehicle in
this instance.
Delivery vehicles DO NOT drive across fields or unmade roads.
If the customer wishes to have a delivery across a field then they will become liable
for any damages made to the vehicle. If vehicles become stuck when crossing fields
etc. under the customer’s instruction then the customer must arrange to have the
vehicle towed out, at their cost, immediately.
The cost of a vehicle being held up in this or a similar manner will be charged to the
customer at a rate of £40 + VAT per hour.
If a customer insists on any vehicle to leave the public highway and enter their
property or premises of delivery then the customer accepts liability for any damages
caused to the property, vehicle or other.
If the company or its agent cannot gain access to the delivery address then
additional costs may be incurred and shall ultimately fall to the customer.
Deliveries are made using large vehicles and it is the customer's responsibility to
inform the company if there may be an access problem. The company will confirm
the outcome by e-mail.
In such cases that delivery, in the opinion of the company, is not possible, then the
company reserves the right to cancel the order.
Delivery vehicles generally use tail lift offloading (for bulk bags or small bags) or
tipping mechanism (in the case of loose loads). Occasionally deliveries are made by
hiab crane or fork lift truck though this is not a guaranteed service and should not be
The delivery vehicle must be able to park in an area where the delivery is to be made;
they cannot park in any red zones or on restricted parking. The customer
understands that parked cars and vehicles may have to be moved in light of this.
In the case of our tail lift (kerb or road side) offloading vehicle a pallet truck is then
used to manoeuvre the items off the tail lift to the kerbside delivery point.
The customer understands that, as kerb or road side deliveries are made using a
manually manoeuvred pump truck, it is not possible to leave goods on uneven
surfaces such as gravel, grass or on hills or slopes of any kind.
It is also not possible to lift goods over any walls, fences, hedges etc. Crane offload
is available in limited parts of Chester and North Wales only.
It is essential that the customer, or somebody appointed by the customer, be at the
delivery point to accept the delivery, check the goods and sign for the delivery.
The company reserves the right to cancel or hold any orders that the company
deems may suffer from potential delivery problems and the customer understands
that delivery dates may be delayed in these instances.
If products are out of stock then the company also reserves the right to cancel or
hold delivery of orders in this situation.
If delivery is attempted and deemed not possible due to lack of information provided
by customer, or customer’s failure to read or consider delivery information and
restrictions then the customer will become liable for re-delivery charges and/or
re-routing costs. If a delivery of turf is attempted and deemed not possible for the
above reasons and needs to be returned to our head office the whole cost of the turf
will be lost as it is a living product and therefore will die and can not be put back into

5. Cancellation

Cancellation of an order by the customer must be confirmed in writing.
If an order is placed and then cancelled before products have been despatched then
a full refund will be made.
If an order is placed and then cancelled after products have already been despatched
then a refund will be given for Goods only and not shipping costs already incurred.
If the customer wishes to cancel a bulk order (deliveries made loose, by tipper
vehicle) up to 48 hours prior to delivery then a full refund will be made.
If the customer wishes to cancel a bulk order (deliveries made loose, by tipper
vehicle) after the delivery vehicle has left the premises on route to the delivery point;
a refund will be credited less wasted journey charges of £80 + vat per hour travelled
to point of cancellation.
If an order of turf is cancelled and needs to be returned to our head office the whole
cost of the turf will be lost as it is a living product and therefore will die and can not
be put back into stock.
If the customer wishes to cancel an order after the delivery has already been made it
will be the customer's own responsibility to return the goods to CH1TL
premises in Chester, Flintshire.
If the customer wishes to cancel an order after goods have been delivered then they
may do so within fourteen working days or delivery. Goods must be returned, at
customers' cost, to CH1TL.
In this instance, once goods have been received by CH1TL the
customer will be issued a refund of original costs paid for Goods only and not
shipping costs.

6. Quality

unhappy with the quality of goods received then you
should email iain@ch1tl.co.uk to report this within 48 hours of receiving the goods.
For Turf please let us know immediately as this is a living product and will require to
be laid within 2 hours and watered twice a day to prevent it perishing.
The Company regrets that they will be unable to replace goods which have not been
reported as inadequate within this time frame. The Company is also unable to
replace goods which have been used or removed from the packaging supplied in.
In most cases the goods which require replacing will need to be readily available in
the original packaging and at the same point of delivery to allow for successful
CH1TL will not be held liable for any contamination of product
discovered & reported more than 12 hours after delivery.
CH1TL will not accept legal liability in respect of loss of or damage to
any product supplied or for the costs of recall or removal repair alteration
replacement or reinstatement of such product supplied or any part thereof caused by
any defect therein.
CH1TL does not recommend that our Hoggin Self-Binding Gravel is laid
during the winter. Hoggin can only be laid in dry or very light rain, and if the rain is
persistent or heavy then the material may not bind. We also do not recommend
laying in cold or freezing conditions which could lead to movement and shrinkage
when the ground becomes warmer. Therefore, CH1TL will not accept
any responsibility if this material fails when laid during winter months.
If you have ordered one of our organic topsoil or compost mixes please remember -
we do not chemically treat our products for weeds. Weeds thrive in warm, wet
weather and especially in very fertile soils and composts like our own. Although
every care is taken to remove weeds during our screening process we can not
guarantee that weed seeds are not present in the soil or compost that you receive.
To keep your topsoil organic we suggest pulling up common weeds, when and if they
appear, instead of using chemical weed-killers. Or purchase some of our anti-weed
prevent membrane and some gravel or mulch, for an easy weed-free garden.
CH1TL offers a range of budget products; such as 25mm screened
soil, which are still of reasonable quality but will definitely contain stone, rubble or
other debris. If you are concerned about the quality of any of the products you are
ordering then please opt for those which are tested to the relevant British Standard,
such as Play grade bark, Play grade sand for Lawn Mix Topsoil.

7. CH1TL and Customer agreement

I, the customer agree that I have read and fully understand all the terms and
conditions above, I understand that once I click on the order button or verbally
confirm an order that I will be liable for any charges incurred if I then subsequently
cancel the order, as well as any costs for redelivery of the goods to Ch1 Gardening
Index or re-routing of goods elsewhere.
I have viewed the pictures of the products I have ordered and understand the
quantity which will be delivered. Pictures and imagery are for representation only; I
understand that samples can be requested.
I also understand that all products that CH1TL supplies are naturally
occurring products and may have slight variations in colour, size and content,
individual rocks, stones or cobbles may be broken or misshaped because of this.
I understand that sizes of products specified are approximate and can vary.
I also understand that naturally occurring products such as slate or gravel are
sourced from mines and so can often differ in appearance slightly from load to load.
I understand that it is my responsibility to ascertain the quantities of products
needed - any quantities given by the CH1TL website or Ch1 Gardening
Index staff are recommendations only and are based on dimensions given by myself.
As CH1TL only recommends quantities based on dimensions given
any miscalculation in quantity shall be full unto me as the customer.
I understand that most deliveries are stacked on pallets and it is my responsibility to
dispose of the pallet safely.
I understand that all packaging is non-returnable and non-reusable.
I acknowledge that if the delivery does not arrive on time I have no claim against Ch1
Gardening Index.
These conditions and any contract or variation are governed by the law of England.
Any disputes arising from these conditions or any contract or variation entered into
by the company with the customer which cannot be settled in the ordinary course of
business shall be referred to a single arbitrator in accordance with the arbitration act
1950 or any modification thereof for the time being in force.