Terms and Conditions
For Landscaping and Associated Works
1. The Client who will be responsible for all payments to the Contractor unless otherwise notified in writing prior to commencement. Unless otherwise stated in writing, the Client shall be deemed to be the rightful owner of the property as per the address shown above.
2. The Contractor who will be responsible to the Client for works as described in the Contract.
3. Nothing in these Terms and Conditions shall affect the Client’s statutory Rights as a Consumer.
4. All requirements and obligations concerning The Construction (Design Management) Regulations 2015 (CDM) shall be properly identified and dealt with under the Contract documents, and responsibilities designated within that CDM Plan. The CDM Plan shall form part of the quotation and must be read in conjunction with that document.
5.All requirements and obligations under any Plant Biosecurity or Plant Passport Regulations shall be properly identified and dealt with under the Contract documents and any planting schedule/plan. Any such plan shall form part of the quotation and must be read in conjunction with that document.
6. The Client shall provide water and electricity at no charge to the Contractor.
7. The Client shall provide access to site and storage space for materials at all times during working progress. Welfare facilities and their siting/location are subject to written agreement between the Client and Contractor. The Contractor to provide the Client with a written Method Statement setting out agreed working practices including parking prior to quoting for the works.
8. Any additions or alterations to the Works Schedule shall be properly treated as variations and subject to written instructions. Persons authorised by both Parties to issue such instructions shall be agreed in writing prior to commencement of works. Any variations may not be subject to pro rata cost equations, and must be detailed within the Variation Order, scheduling any financial and/or time implications which may affect the programme of works.
9. The Contractor is not able to accept responsibility for any damage to, or costs involved, with any underground hazards, obstructions or services not made known in writing or apparent visual inspection prior to commencement of works. The Client remains responsible at all times for any matters regarding licences, permits, planning permission and similar legal requirements, unless such responsibility is specifically assigned in writing to the Contractor.
10. A deposit of 10% of the quotation must be made upon accepting the quotation from ASF Landscapes & Driveways. All Deposits made are NON-Refundable.
11. Quotes stands for 28 days from date of quote but we need to re-quote in case of price increases due to material costs.
12. The Contractor is not able to accept responsibility for any 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/habit/colour unless specifically instructed otherwise, when the quotation may be adjusted under a Variation Order.
13. The Contractor is not able to accept responsibility following practical substantial completion for any damage caused by frost, snow, wind, drought or animals or other physical action beyond their control.
14. All materials surplus to the requirements of the contract shall remain the property of the Contractor, and removed from site on completion.
15. This 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 thereof. No oral promises or agreements are part of this contract.
16. If the client cancels on the contractor the deposit is still non-refundable,if the contractor cancels on the client a full refund for the deposit will be made.
17. The Contractor shall be entitled to suspend performance of, or terminate the contract if the Client fails to pay any sum due in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt. In such cases, the Contractor shall be entitled to payment for all works carried out and all goods supplied at the date of termination or suspension of the contract, and retain any deposit or interim payments made toward this. Any materials on site that are not fixed remain the property of the Contractor and may be removed from site by the Contractor or their Agents.
18. If the contract is suspended or delayed for any reason beyond the control of the Contractor, the Contractor reserves the right to transfer labour and equipment to other sites. Upon recommencement, any costs involved in leaving site and returning to site including off hiring/rehiring machinery and equipment shall be assessed and agreed prior to recommencement of works.
19. Any defects in the works which result from faulty workmanship or materials must be notified in writing within six months of practical substantial completion, and may be remedied by the Contractor without charge to the Client. Any plants that fail within the first twelve months following practical substantial completion shall be replaced by the Contractor without charge to the Client (substitute plants may be required, to the same value as the failed plants)
20. Warranty works shall not extend to, and defects arising from, the Client’s actions or lack of care, including any Agents that may have been employed by the Client. Such actions include watering, staking and tying of plant material or other Horticultural procedures including mowing and lawn care.
21. The value of any claim made against this Contract shall be limited to the value of the agreed works and values contained and described within the Quotation.
22. It is important that the Client reads and understands the Terms & Conditions that apply to the Contract prior to accepting.
23. This Contract and Terms and Conditions are governed by the Law of England.