Terms & Conditions

Introduction

Please read these Terms & Conditions carefully, as they set out the basis upon which Wilkinsons Landscapes Ltd (hereinafter referred to as WL) agrees to proceed and set out our and your legal rights and obligations in relation to our services. These Terms & Conditions may not be varied unless agreed in writing and signed by the Director, Simon Wilkinson. These Terms & Conditions and our quotation and any document referred to in the quotation together form the ‘Agreement’ between us. By accepting the quotation of the estimated price, paying the deposits required and the contract starting, the client is deemed to accept all of the terms and conditions listed below:

1. Scope of work

1.1The work as detailed shall be carried out to the standard a reasonable person can expect.

1.2If there is any discrepancy between any specification and any drawing, the description contained in the specification shall prevail over the drawing.

1.3The client is to indicate the line of the boundaries, underground cables and pipes before work commences and WL accepts no liability whatsoever for any losses or future disputes which the client may have with the owner(s) of neighbouring properties or other parties as a result of works which it carries out on or within the boundaries, cables or pipes that the client has indicated to us.

1.4 The client is solely responsible for obtaining any planning permission required, including the preparation and submission to the local authority of any necessary applications. WL takes no responsibility for loss or damages incurred as a result of failed planning permission or the client requiring planning permission in retrospect for any works. It is the clients full responsibility to ensure all planning applications and relevant permission be obtained prior to commencement of works.

1.5 This estimate excludes: excavation of/in rock removal of any concrete deeper than 150mm thick; filling of wells, mines or shafts; removal of any air raid shelters; removal of asbestos; removal of any chemicals; removal or grinding of any tree stumps and the re-routing of any services unless otherwise specified.

1.6 If any damage, losses or liabilities are sustained by third parties and/or claimed from the Client or from WL in respect of WL carrying out this contract, the Client shall indemnify and keep WL indemnified in respect of all claims, demands, actions, proceedings and costs in respect thereof.

2. Copyright

2.1 Unless WL agrees otherwise, all copyright which exists in the design documents and other materials that we create whilst carrying out work for you will remain the property of WL. The WL design cannot be reproduced without prior written consent by [Simon Wilkinson] WL.

 

2.2 If you use such design documents for any purpose other than that for which they were created WL is not responsible to you for any losses that you may suffer as a result.

 

2.3 Unless otherwise required by law or court order, you agree not to make WL’s work, design documents or materials available to third parties without WL’s prior written permission. WL’s work is undertaken for your benefit alone and WL is not responsible to third parties for any aspect of our services or work that you make available to them.

2.4 If you wish to use such design documents and materials other than through WL you may do so only with the permission of WL and upon paying a reasonable design fee to WL. Once full payment for the design is made the client may then, if so desired, approach other contractors to quote for the project.

 

3. Estimates

3.1 All estimates are valid for 30 days only and may be subject to alteration after that date.

3.2 The estimate is a best forecast of price at the time of submission taking into account existing site conditions and layout at the time of viewing.

3.3 Acceptance of the estimate signifies acceptance of these terms and conditions of the contract documents 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 WL up to a maximum of 50% of the total of the quotation.

3.4 Only the work described in the estimate is included; the supply of any other materials or labour costs to carry out such works other than stated within the estimate is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will (without prejudice to WL’s right to charge a reasonable price for all or any work outside of or in addition to the wok included in the estimate) have to be agreed by both parties prior to being undertaken.

3.5 No allowance is made in the quotation for any extra work required due to unknown, hidden, or underground features.

3.6 WL reserves 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 its control.

4. Payment

4.0 The client accepts that he/she will pay WL the full contract sum (all costs incurred) together with any Value Added Tax properly chargeable upon the contract.

4.1 WL will require an initial deposit payment based on the value of the project to secure our services.

4.2 WL may during the contract, prepare a valuation account and request interim payments from The Client until work is complete.  These valuation accounts will be based on an assessment of the total job value completed or part completed and will include the cost of any unfixed materials.  The Client shall pay these valuation accounts within 10 days of receipt.

4.3 Unless otherwise stated payments are due 10 days following receipt of invoice. If the invoice is not settled within 10 days WL reserves the right to charge daily interest at 3% plus base rate until full payment is received.

4.4 If The Client disagrees with WL valuation account then The Client should pay the proportion, which is acceptable, giving valid reasons for the shortfall (in writing).  Deduction to WL’s account may only be made if accompanied by a valid reason.  The Client’s payments will signify that The Client has inspected the work and is happy that the work so far carried out is to The Client’s approval.

4.5 Where materials need to be purchased in advance and will form part of the first stage deposit. If this or any invoices, are not paid within 10 days of being rendered the client will be deemed to be in default and therefore in breach of contract. WL will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.

4.6 In the event it is necessary to institute legal recovery of the outstanding sum the client will be liable to pay WL legal fees in full.

4.7 If the delivery date of goods is delayed by the customer WL reserves the right to charge the client the daily labour rate for all contractors on site until the material arrives.

4.8 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 related to loss of hours/days on site.

4.9 Should The Client fail to settle any invoice by the due date then all other invoices become payable immediately by The Client and WL shall be entitled to cease work and leave site.

5. The Site

5.1 The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.

5.2 Access to water and electricity services will be provided by the client at no additional cost to WL.

5.3 WL shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. The client is responsible for all plant on site once WL staff and subcontractors have left site after a working day.

5.4 WL undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather and manufacturers/suppliers lead times may hinder progress and WL undertakes to keep the client informed. WL shall not be liable for delays and losses caused by matters and circumstances outside of the control of WL.

5.5 In any circumstances where WL has ceased work on site WL shall be entitled to access the site to remove all equipment, materials and property which belongs to WL.

6. Construction & Materials On Site

6.1 WL guarantees all hardy plants supplied and planted by WL for one year after their date of planting.

6.2 Any structural or appearance of finished features is at the discretion of the WL, 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 WL, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. If a particular variety of plant (i.e. species or cultivar) is not available a suitable substitute will be selected.

6.3 Natural products may show some colour and/or texture, spacial variations; therefore WL cannot guarantee supplied materials are exact representations of any samples provided.

6.4 WL 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 WL accepts no responsibility

6.5 Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. 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

6.6 Risk in the goods shall pass to The Client when the goods are delivered.  The property in the goods shall remain with WL until The Client pay all sums due to WL (or supplier) whether in respect of this contract or otherwise.

6.7 Where clients are paying for materials with suppliers directly payments must be made to the suppliers, in line with the terms of payment.

6.8 WL cannot be held responsible for the fading of colours 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).

6.9 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. WL cannot be held responsible for the above taking place

6.10 In extreme changes of weather conditions, certain plants and materials such as; terracotta, limestone, travertine 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 WL control.

7. Maintenance after completion

7.1 All watering of plants, trees, shrubs and turf becomes the responsibility of the client once the contract has been completed and WL cannot accept any responsibility for the survival once the contract has been completed.

7.2 WL 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.

8. Applicable Law, etc.

8.1 These terms shall be governed by, and interpreted in accordance with English law. Any disputes or claims concerning this agreement and any matters arising from it shall be dealt with only by the courts of England and Wales.

8.2 If WL or you do not enforce our respective rights under this agreement at any time it will not prevent either WL or you from doing so later.

8.3 If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.

 

9   General

9.1 WL will not be liable under this agreement or laws of negligence for any deficiencies in the work we have undertaken if and to the extent that deficiencies are due to any false, misleading or incomplete information which has been provided to WL (whether by you or any third party) or due to the acts or omissions of you or any third party.

 

9.2 Any accidental or malicious damage caused by the client, their children or any third party during the course of the construction may incur an additional repair charge.

 

9.3 Unless express written notice or advanced agreement has been made WL reserves the right to use any drawings, photographs, videos or plans of work produced by us for any future publications or displays.

9.4 All materials and machinery left on site during works become the occupier’s responsibility once contractors have left the site at the end of the working day.

9.5 You agree that you will not bring any claims or proceedings in connection with this agreement against our Directors, Consultants, or Employees personally.

 

9.6 Nothing in this agreement excludes or limits the liability of WL for:

(i) Death or personal injury caused by negligence; or

(ii) Any liability if and to the extent that it is not permissible in law for such liability to be limited or excluded.

 

10  Rights of Third Parties

 

10.1  A person who is not a party to this agreement shall not be entitled to enforce any of its terms.

 

11. Termination

 

11.1 WL reserves the right to terminate the contract if within 10 days of WL giving you notice of the sums outstanding or of your breach of these terms & conditions (termination notice) you fail to pay any sums due or remedy the breach as the case may be and in such case the contract will end at the expiry of the 10 days’ notice.

 

11.2 Upon termination WL will not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination. Termination will be without prejudice to WL’s rights that may have accrued before termination. In addition, and without prejudice to the aforesaid, all sums due and outstanding from you will remain payable and WL shall be entitled to be paid for all work not yet invoiced on a quantum meruit basis.