Busseys Community Tree Grant for Norfolk

Bussey & Sabberton Bros. Limited ("Bussey"), a car dealership in Norfolk, are making grant funding available to the public (including individuals, organisations and businesses). This is for the purpose of purchasing trees and tree protection materials to be planted in Norfolk for the benefit of the community. This is in support of Norfolk County Council's (the "Council") 1 Million Trees for Norfolk project. 

The Council has agreed to facilitate this grant funding by processing the applications, processing payments to recipients and monitoring the progress of the trees.

Once the Council has approved the application, the Council will reimburse the applicant for the amount agreed ("the grant funding") provided you accept the terms and conditions which are set out in this document and provide proof of purchase.

This agreement are the terms and conditions of the grant funding between the Council (referred to as "we" in this agreement) and you (the "parties").

Definitions used in this agreement

• "application form" means the Busseys Community Tree Grant for Norfolk application form
• "authorised officer" means the officer or officers of the Council designated to carry out the tasks identified in the agreement
• "business customer" means a business, including an individual, purchasing the products wholly or mainly for use in connection with your trade, business, craft or profession
• "data protection legislation" means the DPA 2018 to the extent that it relates to processing of personal data and privacy; and all applicable Law about the processing of personal data and privacy
• "intellectual property rights" means all vested and contingent and future intellectual property rights including but not limited to copyright, trade marks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created
• "project" means the purchase of trees and tree protection materials to be planted in Norfolk
• "the Busseys logo" means the logo attached at schedule 2 (this will be provided if your application is successful)
• "the Norfolk County Council logo" means the logo attached at schedule 3 (this will be provided if your application is successful)

1. Terms and conditions

• 1.1. This agreement starts when this agreement is dated by us and ends on 30 June 2025
• 1.2. This agreement and the application form will together form the complete agreement

2. Your obligations

• 2.1. You will only use the grant funding for the purpose of the project
• 2.2. If you are a business customer, you will not use the purchased trees for any commercial, business or resale purposes, and the Council and Busseys have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
• 2.3. You will plant the trees by 31 March 2025 at the location specified in the application form. You shall maintain the trees for a minimum of three years until 31 March 2028 and then allow the trees to grow on to maturity. 
• 2.4. You will provide proof of purchase of the trees and tree protection material to us within 30 days of the date of the receipt or invoice
• 2.5. We will send an evaluation questionnaire each year until 30 April 2028 which you will complete. You will send two initial photos with the first completed questionnaire, one before the trees are planted and one photo once you have planted the trees, by 12 April 2025. You will supply an updated photo of the planted trees with the completed questionnaire each year until 30 April 2028.
• 2.6. You confirm that you own the land or have permission from the landowner. You shall provide evidence of permission from the landlord or a copy of your land registry title register, if we request it. Failure to do so will mean we will not give you the grant funding.
• 2.7. You shall fully co-operate with the authorised officer in allowing the authorised officer to access the site where the trees are planted for the purpose of monitoring the progress of the project. We will provide reasonable notice to you before entering the premises.

3. Grant payment

• 3.1. Subject to you providing proof of purchase, we will pay the grant funding to you within 30 days of us receiving the invoice.
• 3.2. The maximum grant we will provide is £2,500 excluding value added tax (VAT). You shall be responsible for any VAT or any other tax liability.

4. Intellectual property

• 4.1. The parties agree that all intellectual property rights whatsoever owned by either party before the commencement date or developed by either party during the term of the agreement, shall remain the property of that party.
• 4.2. Where we have provided you with any intellectual property rights for use in connection with the project (including without limitation its name and logo), you shall, on termination of this agreement, cease to use such intellectual property rights immediately and shall either return or destroy such intellectual property rights as requested by us.
• 4.3. You shall not publish any material referring to the project without the prior written agreement of us
• 4.4. We must comply with the data protection legislation. Our arboriculture and woodland privacy notice tells you how we use and keep your information.
• 4.5. You understand that details of the grant may be published by us to meet the requirements of the local government transparency code

5. Promotional activities

• 5.1. You shall acknowledge the support of the Council and Busseys in any materials that refer to the project and in any written or spoken public presentations about the project. Such acknowledgements (where appropriate or as requested by Busseys and/or the Council) shall include Busseys and/or the Council's name and logo (or any future name or logo adopted by the Council) using the templates provided by the Council from time to time.
• 5.2. You agree to participate in and co-operate with promotional activities relating to the project that may be instigated and/or organised by the Council and/or Busseys
• 5.3. For business customers and organisations, the Council and Bussey may acknowledge your involvement in the project as appropriate without prior notice. Such acknowledgements (where appropriate or as requested by you) shall include your name and logo (or any future name or logo adopted by you) using the templates provided by you.
• 5.4. You shall comply with all reasonable requests from the Council to facilitate visits, provide reports, statistics, photographs and case studies that will assist the Council in their promotional activities relating to the project once every quarter from the project commencement date
• 5.5. If you have selected on the application form that you consent to the Council and Busseys using your supplied photos and name for publicity purposes, then we may acknowledge your involvement in the project as appropriate without prior notice

6. Review and clawback

• 6.1. The Council may withhold or demand repayment of the grant funding at its absolute discretion, in any of the following circumstances, if you:
  • 6.1.1. Fail to comply with this agreement;
  • 6.1.2. Fail to obtain landlord or landowner consent (if applicable);
  • 6.1.3. Obtain duplicate funding from a third party for the project;
  • 6.1.4. Give significantly misleading or inaccurate information, whether deliberate or accidental during the grant period including but not limited to any information relating to the outcomes and targets;
  • 6.1.5. Becomes legally ineligible to hold the grant funding
• 6.2. In the event of termination, the Council shall cease to be under any obligation to you and all payments of grant funding shall cease immediately
• 6.3. You shall promptly repay to the Council any money incorrectly paid to it either as a result of an administrative error or otherwise under clause 6. This includes (without limitation) situations where either an incorrect sum of money has been paid or where grant monies have been paid in error before all conditions attaching to the grant have been complied with by you.
• 6.4. If a clawback is imposed a notice will be sent to you setting out the amount of overpayment that the Council considers has occurred together with the level of clawback imposed
• 6.5. If a clawback is imposed you shall pay the amount

7. Indemnity

• 7.1. The Council accepts no liability for any consequences, whether direct or indirect, that may come about from you running the project, the use of the funding or from withdrawal of the funding. You shall indemnify and hold harmless us, by reason of the actions and/or omissions of you in relation to the project, the non-fulfilment of obligations of you under this agreement or its obligations to third parties.

8. Liability

• 8.1. Neither party excludes or limits liability to the other for:
  • 8.1.1. death or personal injury caused by its negligence;
  • 8.1.2. fraud or fraudulent misrepresentation;
  • 8.1.3. any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  • 8.1.4. any other matter which, by law, may not be excluded or limited
• 8.2. This agreement may be terminated by us giving one month's written notice to you or on immediate notice if you are in breach of any of the terms contained in clause 6.1

9. Notice

• 9.1. Any notice or other communication required to be given under this agreement, shall be in writing by email to the relevant party required to receive the notice or communication to the email addresses in the application form or as otherwise specified by the relevant party by notice in writing to the other party

10. Disputes

• 10.1. In the event of a dispute between us in relation to this agreement we shall resolve the matter on an amicable basis. If we fail to resolve such disputes, the dispute shall be referred to the Head of Service of the Council and you. 

11. No agency

• 11.1. The agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in the agreement. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party's behalf.

12. Whole agreement

• 12.1. Each party acknowledges that these terms and conditions and any appendices thereto contain the whole agreement between the parties and supersedes any previous agreement between the parties whether written or oral

13. Severability

• 13.1. If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any court or competent jurisdiction, such provision shall be severed and the remainder of the provisions of this agreement shall continue in full force and effect as if the agreement had been executed with the invalid, illegal or unenforceable provision eliminated
• 13.2. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the agreement, the parties shall immediately commence negotiations in good faith to remedy the invalidity

14. Governing law

• 14.1. The terms of this agreement are subject to English law and the courts of England shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this agreement