High Quality Garden Services: Terms and Conditions
- Definitions
In these terms and conditions:
- “Contractor” means High Quality Garden Services.
- “Client” means the person, firm or company who enters into a contract with the Contractor for the provision of landscaping works.
- “Quotation” means the written estimate provided by the Contractor for the completion of the Works.
- “Site” means the location where the works are to be performed by the Contractor.
- “Specification” means the documents including detailed 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.
- General
- 2.1 These conditions may only be modified by a variation in writing signed on behalf of the company by a Director.
- 2.2 Making a purchase will be taken as agreement to these conditions of sale.
- The Scope of the Work
- 3.1 The Contractor shall carry out and complete the landscape work described in the Contract. The Contractor shall have no obligation to execute any further work unless otherwise agreed in writing between the parties.
- 3.2 The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.
- Quotation
- 4.1 A quotation shall remain open for acceptance within thirty days of the date shown and thereafter lapses automatically.
- 4.2 The first quotation is free of charge; all subsequent quotes are chargeable.
- 4.3 Missed quote appointment visits by the customer are chargeable at £50 + VAT. Please give 24 hours’ notice if you wish to cancel your quote visit appointment.
- Variations
- 5.1 Variations to the works as described will only be undertaken upon instructions given in writing by the Client to the Contractor. The price of any additional work will be based upon costs prevailing at the date of the instruction.
- Contract Sum
- 6.1 If the Client accepts the Quotation in writing within the stipulated period, the price contained in the Quotation shall become the ‘Contract Sum’.
- 6.2 The Client may issue reasonable instructions to vary and modify the quality and quantity of the Works. All instructions must be given in writing.
- Payment
- 7.1 The Client agrees to pay the Contractor the contract sum together with any VAT properly chargeable upon the contract sum.
- 7.2 Before any work is undertaken by the Contractor, a 25% non-refundable deposit is required. This deposit secures the start date and covers any preparatory tasks.
- 7.3 The Contractor shall be entitled to receive interim payments at the intervals stated in the quotation. If no payment interval is agreed, the total price less the deposit paid shall be made to the Contractor on completion of all work carried out.
- 7.4 Without prejudice to the Contractor’s other rights and remedies, if the Client shall fail to pay as provided in the above clauses, the Contractor shall be entitled to suspend Works 7 days after giving notice to that effect to the Client.
- The Site
- 8.1 In the case of hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing by the Client to the Contractor prior to the date of the quotation, the Contractor shall be entitled to make a reasonable charge for all additional work necessarily executed.
- 8.2 Adequate access to the site must be made available by the Client to the Contractor to enable the work to be carried out in a regular and economic manner.
- Delay/Disruption
- 9.1 The Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time. The Contractor shall incur no liability for any delays or non-performance arising from events beyond his reasonable control.
- Materials
- 10.1 Materials delivered to site become the responsibility of the Client, and the Contractor accepts no responsibility for loss, damage or expense after delivery of the materials to site for any reason beyond the Contractor’s reasonable control.
- 10.2 All materials brought on site by the Contractor which prove to be in excess of requirements shall remain the property of the Contractor.
- Planting
- 11.1 The Contractor guarantees that all plants and trees will be inherently healthy when supplied. Planting and maintenance guidance is available on request; however, responsibility for loss after the first growing season cannot be accepted since site conditions are beyond the Contractor’s control.
- 11.2 Our plant guarantee is subject to certain conditions, including adequate watering and care by the Client. This guarantee does not cover malicious damage, vandalism, or acts of nature such as extreme weather conditions.
- Quality of Workmanship
- 12.1 All workmanship will be in accordance with recognised constructional and horticultural practice. The Contractor warrants a 12-month defects period from the date of practical completion for any workmanship found to be defective due to any cause other than neglect, damage or theft.
- Waste Management
- 13.1 It is the Contractor’s policy to reduce unnecessary landfill and waste. Where possible, suitable materials will be recycled on site.
- Termination
- 14.1 The Contractor may, by written notice to the Client, terminate the contract if the Client fails to pay, becomes insolvent, fails to give site access, or is in breach of these terms and conditions.
- Disputes
- 15.1 Any dispute arising under or in connection with these terms and conditions shall be referred to mediation if not resolved between the parties within 14 days of arising.
By engaging our services, you agree to be bound by these terms and conditions. If you have any questions, please contact us before work commences.