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Terms and conditions
Effective Date: These terms and conditions are effective for all work undertaken from 1st April 2022 until such time as they may be replaced.
Introduction: Please read these Terms & Conditions carefully, as they set out our and your legal rights and obligations in relation to our services. By accepting the quotation, paying the deposits required and the contract starting, the client is deemed to accept all of the terms and conditions listed below.
These terms and conditions govern all work undertaken by Flourish Landscaping from 1st January 2021 until they are updated. Please read these terms carefully as they set out the legal rights and obligations of both parties in relation to our services. Acceptance of our quotation, payment of deposits, and the start of the contract will be considered as acceptance of the terms and conditions listed below.
Scope of work
1.1 We shall undertake the work to the standard that a reasonable person can expect.
1.2 In the case of any discrepancy between the specification and the drawing, the description in the specification shall take precedence over the drawing.
1.3 It is the client's responsibility to confirm the boundary line, underground cables, and pipes before work begins. We are not liable for any loss or disputes with the owner(s) of neighbouring properties or other parties as a result of the work we carry out on or within the boundaries, cables, or pipes that the client has confirmed.
1.4 The client is solely responsible for obtaining any planning permission required, including the preparation and submission of necessary applications to the local authority. We take no responsibility for loss or damages incurred as a result of failed planning permission or the client requiring planning permission in retrospect.
1.5 This quote excludes: excavation or rock removal, concrete deeper than 150mm thick, filling of wells, mines, or shafts, removal of air raid shelters, asbestos, chemicals, tree stumps, and rerouting of services unless specified and agreed in writing.
2.1 Our quotation is valid for 90 days only and may be subject to alteration after that date.
2.2 Our quotation is a best estimate of the price at the time of submission, taking into account existing site conditions and layout at the time of viewing.
2.3 Acceptance of the quotation represents a binding contract between both parties and acceptance of the terms and conditions. Cancellation by the client will involve the client being liable to a cancellation fee and any loss of expenses incurred at our discretion, up to a maximum of 50% of the total value of the quotation.
2.4 Only the work described in the quotation is included. The supply of any other materials or labour costs to carry out such works other than stated within the quotation is excluded. Any alterations, modifications, or extras beyond the work specified in the quotation may incur an additional cost, which will be agreed upon by both parties prior to undertaking.
2.5 Our quotation does not allow for any extra work required due to unknown, hidden, or underground features.
2.6 We reserve the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond our control.
3.1 Before works commence, the client must pay 50% of the total estimated value.
3.2 For works exceeding £5000, a schedule of interim payments will be agreed before works commence.
3.3 On completion, the client must sign off on the works, and the remaining balance will become due and payable within 3 days.
3.4 The client will pay for any extra works or costs due to unknown difficulties or changes that are not within the estimate. Final parking and congestion charges will be added if applicable.
3.5 Unless otherwise stated, payments are due 3 days following receipt of invoice.
3.6 If the invoice is not settled within 14 days, the company reserves the right to charge daily interest at 2% until full payment is received.
3.7 Materials must be purchased in advance and will form part of the first stage deposit, payable one week in advance of the agreed start date. If this or any invoices are not paid within seven days of being rendered, the client will be deemed to be in default and in breach of the contract. The company will then be entitled to cease work, remove all unused materials on the site, and recover from the client the whole loss and expenses arising from the said default by the client.
3.8 In the event it is necessary to institute legal recovery of the outstanding sum, the client will be liable to pay the company’s legal fees in full.
3.9 If the delivery date of goods is delayed by the customer, the company reserves the right to charge the client the daily labor rate for all staff on-site until the material arrives.
3.10 If a change in materials from those already delivered on-site is required as a result of a subsequent client change of mind, the client will be solely responsible for payment of all additional costs.
4.1 The client must grant sufficient and reasonable access to the site throughout the period of execution of the contract.
4.2 The client must provide access to water and electricity services at no additional cost to the company.
4.3 Flourish Landscaping shall be free from any liabilities (including structural or accidental) when using machinery,
except for accidents caused by improper use. The client is responsible for all plant on the site once the company's staff and subcontractors have left the site after a working day.
4.4 Flourish Landscaping will make all reasonable endeavors to complete the work within a reasonable timeframe or by a specific date if agreed. However, unforeseen circumstances such as weather may hinder progress, and the company undertakes to keep the client informed, and will not be liable for any delays attributable to adverse weather conditions.
Construction & Materials on Site
5.1 We, Flourish Landscaping, always use reputable high-quality suppliers for the supply of plants, trees, and shrubs. However, we cannot guarantee their performance once they have left the site.
5.2 The structural or appearance of finished features is at the discretion of Flourish Landscaping, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to Flourish Landscaping, it is the responsibility of the client or agent to request a small sample of this finished work 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.
5.3 Natural products may show some color and/or texture, spatial variations. Therefore, Flourish Landscaping cannot guarantee that the supplied materials are exact representations of any samples provided.
5.4 Flourish Landscaping 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. If there are any problems arising with the product, and the supplier advice has been taken, Flourish Landscaping accepts no responsibility, except where it has been improperly installed by us.
5.5 Materials delivered to site and tools left on site become the responsibility of the client. We accept no responsibility for loss, damage, or expense after delivery of materials to the site for any reason. Delivered plants if not planted immediately will be stowed in an agreed location within the client’s site. At this stage, responsibility for the loss or theft of these plants will rest with the client.
5.6 Flourish Landscaping cannot be held responsible for the fading of colors due to 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).
5.7 Wood is a natural product and is, therefore, susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause 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. Flourish Landscaping cannot be held responsible for the above taking place.
5.8 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 Flourish Landscaping's control.
Maintenance after Completion
6.1 All watering of plants, trees, shrubs, and turf becomes the responsibility of the client once the contract has been completed, and Flourish Landscaping cannot accept any responsibility for survival once the contract has been completed.
6.2 Flourish Landscaping accepts no responsibility for any horticultural defects other than plants, trees, and shrubs failing to break out into leaf unless a formal maintenance contract is entered into.
7.1 If Flourish Landscaping are required to remove green waste or general waste from the site, this will be subject to charge, as will parking and congestion charges if applicable.
7.2 Collection of non-stock parts and materials is chargeable, but time will be kept to a minimum and reasonable. Also, you shall be informed prior to the operative(s) leaving the site where possible.
7.3 Upon agreement with the client, Flourish Landscaping will undertake requested jet washing but accepts no claim or compensation arising from any damage
7.4 For regular maintenance work, Flourish Landscaping will issue an invoice at the end of each month. Flourish Landscaping kindly request that clients pay within three days of receiving the invoice.
7.5 If our operative(s) are unable to access the site at an agreed-upon time, Flourish Landscaping will charge a call-out fee equal to a minimum of two hours' rate.
8.1 Flourish Landscaping will agree on a date and time for the work to commence and make every effort to ensure that our operative(s) arrive promptly. However, Flourish Landscaping are not liable for non-attendance or late attendance of our operative(s) or for late or non-delivery of goods.
8.2 Any dates included in our estimate or quotation are estimates only, and Flourish Landscaping will not be in breach of this agreement for failing to start or finish by any given date.
8.3 Flourish Landscaping are not responsible for unavoidable damage or unforeseeable losses resulting from the work carried out. Flourish Landscaping will not be liable for any losses that are not caused by our negligence or a breach of the agreement.
8.4 This contract is considered an English contract and will be interpreted as such. The rights of both parties will be determined according to the laws of England and Wales. The contract is deemed to have been made at Flourish Landscaping's address, and all legal matters arising from this contract will be handled within the area of our choosing.
8.5 If the client, their children, or any third party causes any accidental or malicious damage during the construction or maintenance, an additional repair charge may be incurred.
8.6 Flourish Landscaping reserve the right to use any drawings, photographs, or plans produced by us for any future publications or displays, while ensuring the anonymity of the client.
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