TERMS AND CONDITIONS
1. SCOPE OF WORK
1.1. The Contractor shall complete the landscape work described in the quote specifications document and contract of works document in a professional and accurate manner. They shall have no obligation to execute any further work unless agreed in writing between the parties of the contract.
1.2. The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.
2.1. The quotation is valid for a period of thirty days from the date shown in the quotation and thereafter
2.2. The quotation is based on conditions known and divulged by the client at the time of viewing.
2.3. The client will pay any costs related to extra works, or costs due to unknown difficulties or changes, which were not explained at the time of viewing and that have therefore not been noted within the quotation.
2.4. Any special conditions, of which Your Golden Garden Ltd has been informed, will be noted in the quotation. I.e: access issue or neighbour disputes.
2.5. It is the responsibility of the client to ensure we are made aware of any special / statutory Bylaws / Conditions / Permissions that may be involved.
2.6. The contractor and their staff accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.
3. LANSCAPING WORK
3.1. The landscaping work or service is as described to the client in the form of a formal quote specifications, this will always include measurements, descriptions of the work and materials to be used to complete the project.
3.2. Landscaping work or provision of materials will not take place until the client signs and returns the Contract of Work provided by the Contractor. This will then act as a legally binding document between the client and Your Golden Garden Ltd.
3.3. The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.
3.4. The Contractor will be liable for the cost of rectifying any damaged caused by them.
3.5. Variations to the Works as specified in the Quote Specifications and Contract will only be undertaken when agreed between the Contractor and the Client and upon instructions given in writing by the Client to the Contractor. Oral instructions will not be accepted. It should be noted that site personnel have no authority to alter the contract in any way. The price of any additional work will be based upon costs prevailing at the date of the instruction.
4. THE SITE
4.1. The client warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing to the Contractor prior to the submission date of the quotation. The Contractor shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.
4.2. Timely possession of the site and proper and adequate access to it must be made available by the Client to the Contractor to enable the work to be carried out in a regular manner.
4.3. The Client will provide access to water and electricity wherever possible for use by the Contractor in carrying out the work agreed. The provisions of these facilities shall be at the sole cost of the client.
4.4. The client shall be responsible for ensuring the safety of their children, family members, pets, animals and visitors at all times whilst work is being carried out on their premises.
4.5. The Client will be responsible to remove and dispose of any pet waste before the work begins and during the project.
4.6. The Client will move any garden furniture / children’s play equipment / pots prior to work commencing, unless otherwise agreed.
5.1 Materials delivered to site become the responsibility of the Client and the Contractor accepts no loss, damage or expense after delivery of the materials to site for any reason.
5.2 All materials brought to site which prove to be in excess to the Contractor’s requirements shall remain in the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.
5.3 The contractor shall not be liable for any loss or theft of materials from site. Any additional materials required following damage, loss or theft shall be at the Client’s expense.
6.1. The Client accepts that they will pay to the Contractor the contract sum together with any Value Added Tax properly chargeable upon the contract sum.
6.2. All accounts are net and do not provide for any discounts or retentions unless otherwise agreed.
6.3. All accounts are payable from the date of invoice. Interest will be charged from the due date at 5%
above the Contractor’s Banker’s Base Lending Rate per annum until actual payment.
6.4. The payment schedule shall be as follows;
6.4.1. For quotations less than £10,000 the contractor will specify the payment terms.
6.4.2. For quotations more than £10,000 the payment terms will be as follows:
- A deposit payment of 25% of the original quotation shall be made by the Client to the Contractor upon acceptance on the quotation by the Client to book the start date..
- Two further stage payments of 25% shall be made as specified in the Contract of Work and when requested in writing by the contractor
- A final payment of 25% is due on completion of works.
6.5. All materials remain the property of Your Golden Garden Ltd until the account has been settled in full.
7.1. Timescales to complete the project will be specified in the Contract of Work
7.2. If the project does not start within the agreed timescales between the Client and the Contractor, the Client has the right to recover any monies paid to the Contractor in full.
8. DELAYS OR DISRUPTION
8.1. Weather conditions including snow, hard frost, extreme rain, excessive heat, drought may cause the delay of a start or completion date of a project. The Contractor shall always inform the Client at the earliest, most convenient time of any such expected delays.
8.2. Staff/family members illness/death may cause unavoidable delays to landscaping projects. If a member of our team has an illness or is off work due to an extenuating circumstance which is beyond their control and this is going to affect a start or end date of a project the Contractor will inform the Client as soon as possible. Your Golden Garden Ltd will always endeavour to start and complete landscaping jobs on time.
8.3. Delays caused by companies working on site that have not been contracted/employed by Your Golden Garden Ltd will result in charges to the Clint to recover Contractor’s loses/costs.
8.4. Your Golden Garden Ltd will always inform you as soon as is practically possible if we need to alter your landscaping start or completion date for any reason.
9.1. The responsibility for the proper maintenance of the site passes to the Client upon completion of the Works, unless otherwise agreed in writing.
10.1. Your Golden Garden Ltd offers a free 1 Year Guarantee with all their works.
10.2. The Guarantee can be extended up to 3 or 5 years, which will include a 5% and 10% increment of the total cost or the project. If the Client want to extend the Guarantee for a specific part of the work, the 5% or 10% increment will be only in relation to the total cost of the specific work.
11. PHOTOGRAPHS AND VIDEOS
11.1. Your Golden Garden Ltd can take photographs and video all of their landscaping work, including before, during and after. These photographs/videos may be used on our website, social media pages, YouTube and Google listings. Photographs and videos are used to advertise our business and our work.
12. CANCELLATION OF CONTRACT
12.1. The notice period for cancellation of work is thirty days before the work is due to start. Any unrecoverable costs incurred in respect of commitments made for materials during that period will be charged in full to the client.
12.2. For cancellations made with less than thirty days notice, 50% of all agreed fee rates will be charged. In addition, any materials that have been purchased on behalf of the client or any other unrecoverable costs in respect of commitments made during that period e.g. machine hire contracts will be charged to the client. The Contractor will also retain any deposits paid to cover their losses.