Standard Terms and Conditions for Landscaping and Construction Work
By accepting the proposal verbally or written, paying the deposits required and/or the contract starting the client is deemed to accept all of the terms and conditions listed below along with the scope of works supplied.
Lawnscape Designs Limited
Terms and Conditions for Landscaping and Construction Work
1.1. The definitions and rules of interpretation in this clause shall apply in these terms and conditions.
Contractor means the Contractor; Lawnscape Designs Limited, supplying the Quotation to which these terms and conditions apply.
Client means the person, firm or company who enters into a contract with the Contractor for the provision of landscaping works.
Site means the location where the works are to be performed by the Contractor.
Proposal means the paper work describing the Works schedule and prices. It will clearly sate if the proposal is an Estimate or Quotation
Quotation means Fixed Price Quotation - Client will not be invoiced any additional days or refunded if the work has been completed quicker. If the original work overruns and no additional work/changes have been made the client will not be charged more.
Estimate means Daily Rate Estimates. - The price is estimation. The price shown is on a daily rate basis and estimates how many days we have estimated the work will take. The final total days worked are likely to change. Therefore the final invoice will reflect this.
Start Date means the date that the Contractor and Client have agreed the project is to start on in writing.
Completion Date means the date the Work is intended to be completed by as agreed between the Contractor and client in writing.
Acceptance means the acceptance paperwork, which includes the proposal ref, costs, payment plan and signatures from client.
Intellectual Property means the plans, drawing and Specifications submitted by the Contractor (whether before or after the making of the contract).
Specification means the documents including descriptions and/or plans and/or drawings describing the Works provided by the Contractor.
Works means the work to be carried out by the Contractor under the contract as set out in the Specification together with any other services, which the Contractor agrees to provide to the Client.
1.2. Paragraph headings shall not affect the interpretation of these conditions
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
1.4. Words in the singular shall include the plural and vice versa.
2. Scope of work
2.1. By accepting the proposal verbally or written, paying the deposits required and/or the contract starting the client is deemed to accept all of the terms and conditions listed below along with the scope of works supplied.
2.2. The Contractor (Lawnscape Designs Limited.) shall carry out and complete the landscape work described in the Contract documents in a good and workmanlike manner
2.3. All work undertaken will be discussed and agreed prior to the start date and all work will be completed from the original design by the Contractor team unless otherwise mutually accepted.
2.4. The estimate/quotation/original price for work includes all materials and labour where stated from original design.
2.5. The contract contains the entire understanding and agreement between the parties with respect to the work and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof.
2.6. The Contractor will research and take the advice of the supplier as to the best way to lay/build with the material and the best adhesives and seals to use.
2.6.1. If there are any problems arising with the product and the supplier advice has been taken into account the Contractor accepts no responsibility, except where it has been improperly installed by the Contractor.
2.7. Any structural or appearance of finished features is at the discretion of Contractor unless agreed in writing by the client or agent prior to the start of works.
2.7.1. Where a written specification for the appearance of a feature is provided to the Contractor, it is the responsibility of the client to request a small sample of this finished works prior to the start of that specific feature. If a particular variety (i.e. species or cultivar) is not available a suitable substitute will be selected.
2.8. Work undertaken out of the season or in unsuitable weather conditions will be on written instructions only, so that suitable provision can be made, or it will be at the client’s risk
2.9. All contracts, in the end, depend upon the willingness of the buyer and the seller to achieve mutual satisfaction. Should any action arise from conflicting conditions not resolved amicably, then the law of England shall be used as the interpreting law.
3. Proposals (Quotations /Estimates)
3.1. Contractor will provide client with a free Consultation and Proposal
3.2. The proposal given will be clearly stated if it is a Quotation or Estimate.
3.2.1. Fixed Price Quotation - Client will not be invoiced any additional days or refunded if the work has been completed quicker. If the original work overruns and no additional work/changes have been made the client will not be charged more.
3.2.2. Daily Rate Estimates. - The price is estimation. The price shown is on a daily rate basis and estimates how many days we have estimated the work will take. The final total days worked are likely to change. Therefore the final invoice will reflect this.
3.3. All Proposals (Quotations /Estimates) are valid for 3 months only and may be subject to alteration after that date.
3.4. Once work has started prices discussed are non-negotiable, as an acceptance of work has been reached.
3.5. The Proposal is a best estimate of price at the time of submission taking into account existing site conditions and layout at the time of viewing.
3.6. No allowance is made in the proposal for any extra work required due to unknown, hidden or underground features.
3.7. All, or any special conditions, of which the Contractor has been informed, are noted in the proposal.
3.8. Acceptance of the proposal signifies acceptance of these terms and conditions and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the client will involve the client being liable to a cancellation fee and any loss of expenses incurred as a result at the discretion of the Contractor up to a maximum of 50% of the total of the proposal
4.1. The client will be responsible for all payments to the Contractor, unless otherwise notified in writing prior to start date
4.2. Preferred Payment methods is BACS, Cash is also accepted
4.3. A mobilisation payment / Deposit
4.3.1. Usually 50% of the total or total cost of materials, whichever one is the greatest amount is payable on acceptance.
4.3.2. The mobilisation payment will be used to purchase material necessary for the construction of the work or in the case of disposal will be used to secure the date.
4.3.3. This payment includes a non-refundable deposit of 15% of the original accepted Proposals (Quotations /Estimates).
4.4. Remaining Balance
4.4.1. The payment schedule/Plan shall be stated on Acceptance paperwork.
4.5. Additional work
4.5.1. Will be charged on completion of theses additional work or on final invoice which ever the Contractor decides.
4.6. Final Payment
4.6.1. A final payment of the balance to be made following practical substantial completion and payable on completion.
126.96.36.199. The work is substantially complete when all items described in this contract have been constructed, installed or disposed of (if this is agreed in the original proposal).
188.8.131.52. Substantial completion shall not include adjustment, repair, replacement or cleaning of any item so constructed or installed after final inspection. Requests for adjustment, repair, replacement or cleaning of any constructed or installed item shall not be the cause for delay of final payment, but rather shall be considered warranty items.
4.7. Payment Delays
4.7.1. We will be entitled to suspend performance of, or terminate the contract if the client fails to pay any sum due to us, in accordance with the payment terms, or is in breach of these terms and conditions, or becomes bankrupt, in which case we shall be entitled to payment for all the work carried out and for all goods supplied to the date of the termination or suspension of the contract, and to retain any deposit or interim payment made towards this.
4.7.2. Title and ownership of the materials and equipment will not pass until final payment is made. The Contractor can recover any materials in the event of non-payment. The customer agrees to allow access to the site for this purpose.
4.7.3. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed payment terms.
4.7.4. Payment methods are BACS, Cash or Cheque
4.7.5. We reserve our right to charge late payment fees or interest charges under the “Late Payment of Commercial Debt (Regulations) 2013.
4.7.6. In the event it is necessary to institute legal recovery of the outstanding sum the client will be liable to pay the Contractor’s legal fees in full.
5. Clients Responsibility
5.1. The client shall provide water and electricity, if needed, at no charge to the Contractor.
5.2. The client shall provide access to site and dry storage space for materials at all times during the works progress and during the Contractor working hours. Our working hours are typically 8 hour days between the times of 8:00am-18:00pm. Depending on weather, time of year ect
5.3. It is very important and the sole responsibility of the Client to ensure we are made aware of any special/statutory bylaws/conditions/permissions that may be involved in the project.
5.3.1. and it is assumed that all planning laws or regulations have been applied before commencement of any works.
5.4. It will be the responsibility of the client to advise the Contractor of the positioning of all mains services.
5.4.1. The Contractor is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.
5.5. Client to notify the Contractor if work is to be carried out on land that is not under the ownership of the client
5.5.1. The Contractor will not take responsibility for works that have been carried out on land that is not under the ownership of the client
5.5.2. and it is assumed that all planning laws or regulations have been applied before commencement of any works.
5.6. The Client ordering the Contractor vehicles off the public highway do so at their own responsibility, any permits or parking dispensations required will be at the cost to the client.
5.7. The Contractor cannot be held responsible for the effects of de-icing salts, as these are detrimental to the surface of concrete products.
5.8. All Materials and machinery once delivered to site become the responsibility of the client.
5.8.1. The Contractor accepts no responsibility for loss damage or expense after delivery of materials, and machinery to site for any reason.
5.8.2. Delivered plants if not planted immediately will be stowed in an agreed location within the client’s garden. At this stage responsibility for the loss or theft of these plants will rest with the client.
5.9. All tools and machinery left on site during works become the client’s responsibility once the Contractor have left the site
6. Alterations or Changes
6.1. Any addition and/or alterations to the schedule/project shall be properly treated as variations and subject to written/ Oral instructions given by Client and additional payments may be required to cover the agreed changes.
6.2. If the measurements given to the Contractor by the client are incorrect, then the extra labour and materials needed will be noted and charged to the client.
6.3. The Clients are able to amend/change the work on the day, but only with discussion and agreement with Craig Weller/Tanya Dennis and no other representative of the Contractor.
6.3.1. If client amends the schedule/project on the day the work is being carried out, they understand that this is an Oral instruction and an Agreement to the contact and additional payments may be required to cover the orally agreed changes.
6.4.1. Any addition and/or alterations to the schedule/project shall be properly treated as variations and subject to written/ Oral instructions given by Client and additional payments may be required to cover the agreed changes.
6.4.2. The client agrees that necessary extra purchases of a total up to £100 can be made without verbal or written consent, anything greater than £100 will be discussed with the client before purchase.
6.4.3. If the delivery date of goods is delayed by the client, the Contractor reserves the right to charge the client the daily labour rate for all staff on site until the material arrives.
6.4.4. In the event that a change in materials from that already delivered on-site is required as a result from a subsequent client change of mind, the client will be solely responsible for payment of all additional costs.
7.1. Weather conditions, including heavy rain, snow, drought, may cause the delay of the start date of the contract. This will not affect the original, agreed price.
7.2. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
8.1. Client has a right to cancel work up to 3 working days before work is to be commenced (start date).
8.1.1. Cancelation of work should be provided to the Contractor in writing 3 days before work starts.
8.1.2. If Cancellation of work is not received in writing before the 3 working days of start date a charge of 15% of the proposed and accepted price will be due to the Contractor.
8.1.3. If the acceptance payment plan included a deposit for materials, this amount will be non-refundable, as materials would have already been purchased.
8.2. Acceptance of the proposal signifies acceptance of these terms and conditions and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the client would involve the client being liable to a cancellation fee and any loss of expenses incurred as a result at the discretion of the Contractor up to a maximum of 100% of the total of the proposal.
9.1. Contractor will supply samples if clients asks to see them before materials are ordered
9.2. The Contractor will always uses reputable high quality suppliers for all materials, however, it is unable to guarantee their performance once it has left the site.
9.3. The Contractor will retain all receipts and invoices for all materials.
9.4. Natural products
9.4.1. Natural products may show some colour and/or texture, special variations; therefore the Contractor cannot guarantee supplied materials are exact representations of any samples provided.
9.4.2. Wood is a natural product, and is therefore susceptible to certain changes in an outdoor environment.
9.4.3. Extremes of temperature or weather conditions will sometimes cause natural products/ materials to have a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. The Contractor cannot be held responsible for the above taking place.
9.5. The Contractor cannot be held responsible for slight colour variations, which occur, in concrete products.
9.5.1. Efflorescence which is a natural condition producing very small white particles covering the surface of concrete products. This condition is caused by having calcium hydroxide present as a soluble salt, which leaches to the surface and combines with carbon dioxide in the air to form calcium carbonate. (Chalk)
9.6. In extreme changes of weather conditions, certain plants and materials, such as terracotta, some natural stone and other paving can be affected, suffering damage if not protected. The client should take the necessary precautions to prevent damage as this is out of our control.
9.7. Water Pumps
9.7.1. To keep within the guarantee of various water pump manufacturers and to prolong the life expectancy, the client, especially winter care and protection should be carried out to the guidelines in the instructions.
184.108.40.206. The Contractor will replace a defective pump within 3 months of installation after which the client must deal with the manufacturer direct if still within the guarantee period.
9.8. All materials surplus to the contract will remain the property of the Contractor and will be removed from site upon completion.
10. Plants and Turf
10.1. The Contractor will always uses reputable high quality suppliers for the supply of plants, trees and shrubs; however, it is unable to guarantee their performance once it has left the site.
10.2. Nursery stock supplies are not inexhaustible. Should any plant be unavailable, we reserve the right to negotiate substitutes with the client.
10.3. We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion.
10.4. If necessary we reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.
10.5. In regards to any landscaping work that involves digging - such as patios, artificial grass, drives or any other digging, nearby to trees, shrubs, flowers, plants etc we cannot be held responsible if roots are in the way and need to be cut to complete the work.
10.6. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established.
10.7. Great care is taken to remove all weeds/roots from the site when being prepared; the Contractor cannot accept responsibility for subsequent weed growth on completion of the project.
10.8. Horticultural operations are very dependent on the weather and season. We aim to carry out the works at the appropriate time.
10.9. Delivered plants if not planted immediately will be stowed in an agreed location within the client’s garden. At this stage responsibility for the loss or theft of these plants will rest with the client.
11.1. Maintenance to the works has not been allowed for unless specifically included within the proposal. Please let us know if you would like a separate proposal for regular maintenance.
11.2. Watering has not been allowed for within our proposal and once the contract has been completed becomes the responsibility of the client
11.3. We shall not be liable for any defects arising from the client’s own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal or other abuse or damage caused by the client.
11.4. After practical substantial completion, we are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any material(s) including plants.
12.1. The Contractor will agree a date and time with the client for the works to commence and we shall use our best endeavours to ensure the Operative(s) attends on the time and date. However we accept no liability in respect of non-attendance or late attendance of the Operative(s) or for the late or non-delivery of goods.
12.2. Any date or dates included in our proposal are estimated dates and the Contractor shall not be in breach of this agreement for failing to start or finish by any date given.
12.3. We shall not be liable for and accept no responsibility for unavoidably damage caused, or any unforeseeable loss you may suffer as a result to the works carried out, nor shall we be liable for any loss of nature which is not caused by our negligence or our breach of the terms of the agreement between us.
12.4. Any accidental or malicious damage caused by the client, their children or any third party during the course of the construction or maintenance may incur an additional repair charge.
12.5. The Contractor reserves the right to use any drawings, photographs or plans produced by us for any future publications or displays whilst ensuring the anonymity of the client.
12.5.1. If you do not want the Contractor to use such photos please state in writing before the work begins.
12.6. Copyright laws cover all designs. The design cannot be reproduced without prior written consent by the Contractor. Once payment is received from the client, the client may then approach other Contractors to quote for the project.
13. Governing Law and Jurisdiction
13.1. This contract and any dispute or claim arising out of it or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
13.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the contract.
14.1. Errors and omissions excepted