Terms and Conditions
Standard Terms and Conditions for Landscaping Work
Innovision Landscapes Ltd (“Company”)
Standard Terms and Conditions for Gardening and Landscaping Works
1. The term “Client” refers to the party responsible for all payments to the Company unless otherwise notified in writing prior to commencement.
2. 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 Company unless otherwise agreed.
3. The estimate/original price for work includes all materials and labour based on the original design.
4. The Client shall provide water and electricity, if needed, at no charge to the Company.
5. The Client shall provide access to site and storage space for materials at all times during the works progress and whilst works are carried out.
6. The Company does not accept responsibility for any damage to (or cost involved with rectifying) any underground hazards, obstructions or services not made known to us in writing before commencement or apparent on visual inspection.
7. The Client will be liable for all payments to the Company, unless otherwise notified in writing prior to commencement.
Price & Payments
8. The “Price” will be £…………..
9. On agreement to book a project, the Client will pay a booking confirmation fee of 20% or £500 (whichever is larger). This figure may be increased, if bespoke or special items need to be ordered in advance.
10. A mobilisation payment (usually 30% of the total) is payable on the agreed commencement date. This payment will be used to purchase material necessary for the construction of the work/arrange disposal or hire machinery. Failure to pay the mobilisation payment may mean delay to the commencement data and in some cases, cancellation of the job
11. A final payment of the balance of £....................... to be made following practical substantial completion and is payable on completion. This is usually the Price less the booking confirmation fee and mobilisation payment. Any additional costs above the Price will be discussed and agreed in advance (see Alterations/Changes below)
12. Acceptable payment methods are cheque, or bank transfer (BACS/CHAPS)
13. The Company understands and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if it is not paid in accordance with the above terms.
14. 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 estimate) 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.
15. A workmanship guarantee of 5 years is valid on all installations unless defects are due to adverse weather conditions
16. All material defects will be passed on to the supplier and will fall in accordance to their terms and conditions
Alterations or Changes
17. Any addition and/or alterations to the schedule/project shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes.
18. Any additional work requested by the Client over and above the Price will be chargeable.
19. If the measurements provided for the garden, by the Client are incorrect, then any extra labour and materials will be noted and charged to the Client.
20. The Price to remain fixed until the end of ..................... Acceptance before that date will ensure no increase in the cost of the work specified. Any special conditions are noted in the quotation.
21. The client will be responsible to pay for any inflation in material costs. Prices will be discussed and agreed prior to work commencing.
22. All, or any special conditions, of which the Company has been informed are noted in the quotation.
23. We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion. If necessary we reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.
24. After practical substantial completion, we are not able to accept responsibility for any damage due to the elements, including drought, wind, rain and frost to any material(s) including plants.
25. 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. Great care is taken to remove all weeds/roots from the site when being prepared. The Company cannot accept responsibility for subsequent weed growth on completion of the project.
26. It is the sole responsibility of the Client to ensure we are made aware of any special/statutory bylaws/conditions/permissions that may be involved. The Client agrees to indemnify the Company for any breaches made to any restrictions not made clear in advance of the commencement of the project.
27. The Company accepts 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.
28. Severe weather conditions, including drought, may cause the delay of the start date of the contract. This will not affect the original, agreed price.
29. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
30. All materials surplus to the work will remain the property of the Company and will be removed from site upon completion. If the Client would like to keep any surplus materials then a charge will apply for each item.
31. 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. No oral promises or agreements are a part of this contract.
32. The Company will be entitled to suspend performance of, or terminate the contract if the Client:
a. fails to pay any sum due to it, in accordance with the payment terms, or
b. is in breach of any of the terms of this contract, or
c. becomes bankrupt.
In any such event, the Company 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 payments received
33. Maintenance is not included in the contract unless specified. Please let us know if you would like a separate quote for regular maintenance.
34. 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.
35. Cancellation of work within 28 working days of scheduled start of work will be subject to a charge of 15% of the Price. If the Price included a payment for materials, this amount will be non-refundable, as materials would have already been purchased.
36. In accepting this contract, the Client agrees to the Company using photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information (Errors and omissions excepted.)
37. Personal details will not be passed on to third parties, with the exception for use in quotations or delivery of materials to site.