Terms and Conditions of Service

General Information

The client should have their site inspected by Japanese Knotweed Plus Ltd’s qualified PCA Accredited surveyors to identify Japanese knotweed correctly. Similar species can be miss- identified as Japanese knotweed throughout their growth cycle.

Photographic Identification:

Japanese Knotweed Plus Ltd will not charge for identifying weed issues from photographs submitted by the client through our website or email. However, in some cases, 100% accurate identification cannot be guaranteed through pictures. The company will not be held liable for any misidentification errors that occur through photographs submitted by the client. Communication regarding photographic identification cannot be considered an official confirmation of weed identification.

Japanese Knotweed Survey Report

A Japanese Knotweed Survey Report (hereafter referred to as “Survey Report”) with official confirmation of weed identification will only be provided after an on-site inspection. Our survey costs start from £100 and will cover the surveyor’s travel time and site inspection. If a full report is required, there will be additional administrative costs in producing the Survey Report.

We will send the report to the client after payment has been received. The survey cost will be deducted from the final bill if the client employs Japanese Knotweed Plus Ltd for eradication treatment or monitoring. Payment for the survey should be made within three working days (or other agreed terms) as specified in the invoice.

If we do not receive a payment within four weeks of the survey, Japanese Knotweed Plus Ltd reserves the right to start a legal procedure to recover the survey cost through the small claims court.

The survey cost is non-refundable if the client deliberately concealed evidence of weeds from our surveyors at the time of the survey or before treatment.

Japanese Knotweed Plus Ltd will not be held responsible or liable for any legal proceedings initiated by the client or their chosen claims solicitor related to misidentification resulting from the client’s deliberate attempt to mislead our surveyors or spraying operatives.

Notice of Reporting Deliberate Fraud

Japanese Knotweed Plus Ltd is committed to maintaining the highest standards of ethics and professionalism. As such, we must report any intentional efforts to defraud the company or any potential buyers to the relevant authorities.

Please be advised that any attempt to defraud the company may result in a substantial fine imposed by the Environment Agency, Courts or Government.

Site Inspection by Japanese Knotweed Plus Ltd Will Include the Following:

Site Inspection Protocol

Our site inspections will encompass the following critical components: • Identification of Japanese Knotweed and other weeds on the client’s land.

• Evaluation of the infestation scale and associated risks to the client’s property/site.
• A comprehensive survey of the site and adjacent area that may also contain Japanese Knotweed.
• Photographic documentation of affected areas.
• Measurement of the total area affected in square meters.
• Any problems structural or otherwise associated with the Japanese knotweed.

After completing the site survey and receiving payment

The report including relevant legislation will be forwarded electronically usually the next day. In the event of increased demand for our services, we may extend the preparation time for the report. If the client decides to proceed with our services, a formal Japanese Knotweed Management Plan & Control Work Report will be issued.

The management plan will be updated after each subsequent treatment or monitoring action.

Our Contract

Japanese Knotweed Plus Ltd agrees to perform the work within the management plan to the industry standard. If the client is unsatisfied with our work, they must raise the matter with Japanese Knotweed Plus Ltd within seven days of completing the work. We will take all reasonable steps to resolve the issue within good time. Japanese Knotweed Plus Ltd will not be liable for any loss or damage arising from work performed unless the loss or damage was due to actions caused by the negligence of Japanese Knotweed Plus Ltd or its employees.

The client agrees to indemnify Japanese Knotweed Plus Ltd against all claims, costs, expenses, and damages arising from any breach of contract by the client. Japanese Knotweed Plus Ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract or part contract price. The client agrees to take all necessary steps to mitigate any loss or damage.

The warranty and liability of Japanese Knotweed Plus Ltd will be null and void if the client or any third party tampers with the treatment or monitoring. These terms and conditions of service and the management plan constitute the entire agreement between the client and Japanese Knotweed Plus Ltd and supersede all previous negotiations, representations, understandings, and agreements between the parties. Japanese Knotweed Plus Ltd reserves the right to modify these terms and conditions of service at any time.

Law and legal authority 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) shall be governed by and construed following the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive Legal authority to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).

The terms and conditions of service for Japanese Knotweed Plus Ltd include two payment options for clients: upfront payment or payment by instalments. Upon agreeing to proceed with the treatment/monitoring course, the client will receive an invoice for the total amount or for the first instalment, depending on the agreed payment method. The contract between Japanese Knotweed Plus Ltd and the client will commence after receiving either the first instalment or payment in full for treatment.

Ten-year insurance-backed guarantee policy is available. Please note there may be a charge for commercial customers. The cost of the policy may increase with a higher contract value. The policy will only be provided to the client upon request within seven days of full payment for treatment and monitoring.

The client is responsible for arranging payment of upfront payments or instalments also for passing the relevant documents, such as the survey report, management plan, and terms and conditions of service, to the property’s new owner. Please pay invoices or arrange payment of instalment’s to avoid the contract being cancelled, with no refund. The insurance policy may be cancelled if invoices are not paid in full.

10-Year Insurance Backed Guarantee

A ten-year insurance backed guarantee provided by the third party will be offered to the client. The insurance is linked to the property and is fully transferrable if the property owner is changed. Insurance policy for the residential properties may be arranged free of charge. Insurance for commercial properties is a subject of charge. The insurance policy will be valid from the date of the completion of treatment and monitoring, specified in the management plan. The insurance covers the cost of any ongoing treatments if Japanese Knotweed Plus Ltd should cease trading.

The cost of the insurance-backed guarantee will vary depending on the contract value. For contracts with a value below £5000, the price will be £220.00 If the contract value is higher, the cost will be increased. If the contract is canceled, the insurance-backed guarantee policy will be canceled on the same day, and an administration fee of £200 will be deducted from any potential refund.

• No refund can be claimed after the first treatment has been applied. Treatment will end once the company has not observed regrowth of Japanese knotweed for two consecutive years. The client must abide by the terms and conditions. A completion certificate will be sent to the client electronically.

Payment for the Contract

Two payment options are offered to the clients.

(i) Upfront payment. The invoice to pay in full for the treatment/monitoring course will be sent to the client once the client has agreed to proceed with the course. Our contract with the client starts immediately after full payment has been received.

A ten-year insurance backed guarantee policy is available free of charge for domestic customers. Commercial customers will be charged for the policy. The policy will only be provided to the client on request within a seven-day period of receipt of full payment of the invoice. If the policy is not requested within this period, it might not be supplied by the company.

(ii) Payment by instalments. The full cost of treatment may be spread over the treatment period specified in the management plan, i.e. before the monitoring stage. We accept payment by up to four instalments. The sum in each instalment will be agreed with the client; by default, we offer the instalments with equal sum.

The invoice to pay the first instalment for the treatment/monitoring course will be sent to the client once the client has agreed to proceed with the treatment. Our contract with the client starts immediately after the first payment is received. Invoices to pay the remaining instalments will be forwarded to the client as agreed in the survey report/management plan. It is the responsibility of the client who has agreed with the contract with us to arrange payment of all instalments either by themselves or by the new owner of the property. Failure to pay any of the invoices by the client or the new owner will void our contract. The treatment/monitoring will be stopped with no refund.

The insurance backed guarantee is available for an extra charge. The cost of the insurance policy for domestic customers is £180 for a contract value below £5000. Higher charges will be applied to commercial customers. This cost will be increased with a higher contract value. Failure to pay any of the invoices provided to the client or the new owner will void the insurance policy.

Cancelation of contract

• If the property/land owner or anyone acting on their behalf denies access to the company’s operatives to carry out work according to the management plan, the treatment will be stopped, and no payment will be refunded.
• The client, new owner, landlord, or tenant is responsible for ensuring that the treated area is not disturbed, and if it is, the company may stop the treatment with no refund.
• If the company finds that the regrowth of the plant is caused by spread from other locations not specified in the management plan, it reserves the right to cancel the contract.
• Failure to pay invoices in a timely manner will result in the cancellation of the contract and the insurance-backed guarantee.
• A cancellation notice will be sent to the client by email or recorded delivery mail; leaving the company will have no legal responsibility to the client.
• The client can request a refund minus the admin cost if the treatment has not started on their site.

Refund

The client has the right to cancel our contract and request a refund if we have not visited the client’s site to carry out any work in accordance with the management plan between the dates of payment and claim for the refund. Full refund for the amount paid by the client may be arranged.

The cost of the insurance backed guarantee, if arranged, will be revoked at £170 for a contract value below £5000; this cost will be increased with a higher contract value. The insurance backed guarantee policy will be cancelled on the same day the contract is cancelled. An administration fee of £200 will be revoked from the refund.

If the site has been visited for the first treatment no refund can be claimed by the client.

Extra Cost

Extra costs per visit may be necessary after the original treatment/monitoring schedule if we suspect the pant is dormant due to one of the following:

• Japanese knotweed is found to be growing close to foundations or other structures that cannot or have not been removed.
• If we suspected the plant may have been chemically treated or disturbed before or within our treatment schedule.
• It is located in areas regularly visited by people or wild animals.
• If Japanese knotweed is found in areas that are not specified in the original survey report, extra cost will be applied for treating it.
• If the original schedule for eradication, which includes 2-3 years of treatment and 2 years of monitoring, is not successful, the company directors will decide if further treatments/monitoring are needed, and these will be charged for.

• The owner of the property/land will be responsible for paying for any extra visits at the time of the decision. If the additional visits are not paid for, treatment will be stopped
• The current cost per extra visit is £300-£350. depending on the distance to travel.

Once we have not observed regrowth of Japanese Knotweed for two consecutive years, if the client abides by our terms and conditions, our contract is completed.

The completion certificate will be issued and forwarded to the client electronically to the email address provided and posted to the property address or to the address specified by the client.

The contract may be completed either before or after the terms specified in the management plan, depending on the success of treatment, but no later than ten years from start of the contract.

No refund will be provided to the client if the contract has completed before the terms specified in the management plan.

No additional cost will be claimed from the client if the contract completed after the terms specified in the management plan.

Once our contract is completed, our terms and conditions are no longer applicable and we do not hold any responsibility with any Japanese Knotweed issue in the area specified in the contract.

Complaints

We operate a complaints handling procedure, which we will use to resolve disputes should they arise. If the client has any comments or complaints, they can email Japanese Knotweed Plus Ltd directly at: info@japaneseknotweedplusltd.co.uk

This Agreement

This agreement & Terms and conditions supersede all previous agreements’ terms and conditions between the client and Japanese Knotweed Plus Ltd. the company reserves the right to modify the contract at any time and to impose new or additional agreements’ and terms & conditions within the treatment period.

Japanese Knotweed Plus Ltd.

Registered Address: 17 Gravel walk, Oldham, Lancashire, OL4 1JY
Registration Number in England and Wales: 09777855
Phone: 0161 883 0666
Mobile: 0775 368 2333
Email: info@japaneseknotweedplus.co.uk