Standard Terms and Conditions for TAW Garden Landscapes Ltd
1.01 "Client" means the individual or organisation who buys or agrees to buy goods or services from the contractor and who will be responsible for all payments to the contractor unless otherwise notified in writing prior to commencement.
1.02 "Contractor" means TAW Garden Landscapes Ltd
1.03 "Contract" means the contract between the contractor and the client for their purchase of goods and services incorporating these Terms and Conditions.
1.04 "Goods" means articles that the client agrees to buy from the contractor.
1.05 "Services" means the provision of landscaping services by the contractor.
1.06 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the contractor.
2.01 Nothing in these terms and conditions shall affect the client’s statutory rights as a consumer.
2.02 Any variation to these terms and conditions, including any special terms and conditions shall be agreed by negotiation between the contractor and client and confirmed in writing.
2.03 Any errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information used by the contractor can be corrected in consultation with the client, provided that the correction does not materially affect the contract.
3.0 Price and Payment
3.01 The client agrees to pay the contractor the contract sum together with any VAT properly chargeable upon the contract sum.
3.02 Payment of the total price of the contract less any deposit paid shall be made to the contractor
after completion of the contract. The client shall not be entitled by reason of any alleged minor defect to withhold any amount of the contract sum. The client agrees to abide by the contractors payment terms, which will be a weekly invoice to be emailed on a Friday, which must then be settled prior to the contractor returning to site and continuing the work the next Monday.
3.03 The client will pay the contractor interest at a rate of 2% per month on all outstanding sums from the due date until payment. The contractor reserves the right to withdraw from the contract and project if any contract payment schedule is not adhered to.
3.04 For contracts with a value in excess of £1,000.00 including VAT, a non-refundable deposit of 10% of the total cost is to be paid on acceptance of the contract.
3.05 For contracts under £1,000.00 a deposit is not required unless agreed in writing prior to commencement of contract. Full payment is required on completion of the contract.
3.06 Prices in the quotation will remain fixed until 30 days after the date on the quotation. Acceptance before that date will ensure no increase in the cost of works specified in the quotation. If the cost to the contractor of carrying out the contract is subsequently increased by reason of increases in the cost of materials, labour and any other factor outside the control of the contractor, then the contractor shall notify the client before under taking any work to which the increase will apply, and the client may require the contractor to discontinue the work and shall pay the contractor only for the work carried out.
3.07 The cost of additional goods and services ordered by the contractor on behalf of the client will be agreed in writing and subject to the payment conditions above. Any additional work requested which is not specified in writing within this contract will only be carried out if a new contract is entered into with the contractor.
3.08 Title and ownership of materials and equipment will not pass to the client until payment has been received in full. Legal proceedings may be taken to recover materials and equipment not paid for.
3.09 The client can cancel the contract with reasonable notice and in negotiation with the contractor. If the client cancels the contract they agree to pay any losses and costs the contractor suffers because of the cancellation. The contractor can cancel the contract with reasonable notice and in negotiation with the client.
4.0 General Conditions
For the Contractor:
4.01 The contractor agrees to use materials that are suitable for the intended purpose. All materials remain in true property of the contractor until the contract is completed. If for any reason beyond the contractors reasonable control the contractor is unable to supply a particular item, the contractor will notify the client. With the agreement of the client the contractor will replace it with an item of equal standard and value. 4.02 All materials surplus to the contract will remain the property of the contractor and will be removed upon completion of the contract.
4.03 The contractor will be responsible for the safe storage and positioning of equipment and materials on the site at all times.
4.04 The contractor will carry out work in accordance with health and safety regulations, and will take all reasonable steps to minimise environmental disturbance, nuisance and pollution.
4.05 The contractor will carry out and complete the works detailed in the contract in an honest, timely and professional manner.
4.06 The contractor will not accept responsibility for damage to the clients premise arising third parties employed directly by the client. The client will be liable for any damages to works and/or delays caused by third parties employed directly by the client.
4.07 The contractor will carry out a site risk assessment and will ensure all health and safety regulations
are met. The contractor will make arrangements for staff welfare facilities unless otherwise agreed with the client. The client will provide access to electrics and toilet facilities for staff unless otherwise agreed prior to the contact commencing.
For the Client:
4.08 The client confirms that the site is free from any known hazards which are not discoverable upon
visual inspection of the surface of the site. Should the client be aware of any such hazard then he/she shall notify the contractor in writing at the earliest opportunity. If, following acceptance of the contract, the contractor discovers any obstruction or hazard, which was not reasonably foreseeable, this will be deemed to be a factor outside the control of the contractor and accordingly clauses 3.6 and 3.7 shall apply. Should the client not agree to any reasonable variation to the contract made necessary by an unforeseen obstruction or hazard in order to complete the contract and to satisfy health and safety requirements, then the contractor will be entitled to discontinue the work with immediate effect and the client will pay the contractor only for work carried out.
4.09 The contractor cannot be held responsible for any unforeseeable or unknown obstructions below ground, and any reasonable additional costs incurred by the contractor as a result of acknowledged or unknown hazards or obstructions will be agreed with the client in writing.
4.010 The client must provide reasonable access to mains electricity and water on the site. The cost of providing electricity and water will be borne by the client.
4.011 The client will allow the contractor access to the site within the agreed working hours and throughout the stated time period. Working hours will be between 7:30am and 4:30pm Monday to Friday, unless otherwise agreed with the client.
5.01 The client is responsible for obtaining any necessary consent for the implementation of work as
described in the contract or specification of works from the local authorities, and for ensuring that the implementation of works is in accordance with the provisions of any by-laws. Planning regulations shall not be the responsibility of the contractor. The client is also responsible for confirming ownership of land to be worked upon.
5.02 The client shall be responsible for all negotiations, discussions and agreements between their neighbours and other members of the public that affect the contract in any way. The client shall be responsible for confirming boundaries of their property with the contractor prior to work commencing.
6.01 The contractor will give the client an estimate of the duration of the contract but shall not be liable for
any delays for any reasons whatsoever that are beyond the contractors reasonable control, such as adverse weather or adverse or difficult site conditions not reasonably foreseen by the contractor. In any such circumstances the client and contractor will negotiate an agreed extension of time to complete the contract.
6.02 If the client wishes to delay the contract they must notify the contractor within 14 days of the commencement of the contract.
6.03 The contractor shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances out of reasonable control, including but not limited to acts of God, strikes, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of materials from a natural source of supply, and the contractor shall be entitled to a reasonable extension to its obligations should these occur.
7.0 Plants and turf
7.01 The contractor will ensure that all plants and turf are fit for purpose and of the agreed quality, and
will ensure that all plants and turf will be given the correct treatment in order to ensure establishment. The contractor will also provide care notes for the client to assist with the maintenance of living material after the completion of the contract. On completion of the contract all responsibility for the ongoing maintenance of all living material is transferred to the client. The contractor will not be liable for any damage or deterioration to the living material unless arising from a breach of contract on the part of the contractor, or failure to discharge his statutory obligations.
7.02 If plant material specified in the contract is unavailable, the contractor will provide the client with suitable alternatives. The client can choose to decline the alternative plant material, however the client is then liable for all additional costings associated with this choice.
8.01 Any complaint that the client has arising from the contract works must be reported to the contractor
in writing within reasonable time of discovery of the problem. The contractor will properly investigate any complaint received, and if the contractor’s work is deemed to be faulty then the contractor is liable to conduct extra work as deemed sufficient to remedy the fault at no charge to the client.
9.0 Copyright and Privacy
9.01 All original designs, drawings, specifications, photographs and written material remain the property of
the contractor. The contractor reserves the right to use any such material for promotional purposes or for any other purpose, unless the client has purchased the copyright.
9.02 The contractor reserves the rights to use all photographs taken on site whilst undertaking the works to be used on their social media platforms, within their marketing material and website. Care will be taken to avoid all persons in said photographs, and GDPR regulations will be followed if this cannot be reasonably avoided.
10.0 Third Parties
10.01 No work by the contractor is intended to confer a benefit on any third party for any purpose.
11.0 Changes to Contract and Terms and Conditions
11.01 The contract will only be varied with the clients consent. The client is entitled to cancel the contract if the contract is varied and the variations are not acceptable to the client.
12.0 Governing Law and Jurisdiction
12.01 This contract is governed by the law of England where the contract is located in England or Wales and by Scots law where the contract is located in Scotland.
13.1 It is important that the client reads and understands the Terms and Conditions that will apply to the contract before signing.
14.0 Our Guarantee
14.01 It is understood and agreed that the client is responsible for proper watering of a lawn provided by the contractor, and if the lawn is found in a dry state then this guarantee shall become null and void. The contractor does not guarantee any seeded lawn or turf to be immune from moss, fungus, disease or insect damage.
14.02 The contractor cannot be responsible for neglect, abuse, acts of nature or situations beyond our control. The contractor guarantees that all seed and turf will be from a certified supplier and does not accept any responsibility for any weeds that may occur in existing soil or topsoil. The contractor advises the client to avoid walking on newly laid turf for at least 14 days.
14.03 Manufactured products are covered under the warranty of the manufacturer or the supplier as
applicable. Natural products are guaranteed to be defect free at time of installation. Labour is not included under warranty for the correction of defective material manufactured or supplied by others.
14.04 It is important that the client is aware that natural materials may vary in colour and finish, and may alter and change in the natural weather conditions of the site. The contractor is not liable for any changes to the materials used as a result of natural changes or organic changes.
14.05 All work carried out by the contractor is done so to the highest standard and in line with
manufacturers guidelines. The contractor agrees to repair any workmanship-related issues that are reported to us within the first 2 years after installation. Damage to the work is not covered in this guarantee. The contractor is responsible for the correction of their immediate work only and not for the conditions that may have been caused.