Terms and Conditions
Please read these Terms and Conditions carefully, as they set out our and your legal rights and obligations in relation to our services. By accepting the quotation, the client is deemed to accept all of the terms and conditions listed below as well as any contracts supplied separately.
1. Scope of work.
1.1 The work as detailed shall be carried out to the standard a reasonable person can expect.
1.2 If there is any discrepancy between any specification and any drawing, the description contained in the specification shall prevail over the drawing.
1.3 The client is to indicate the line of the boundaries, underground cables and pipes before work commences and Donside Landscapes 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. Donside Landscapes takes 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 quotation 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; the re-routing of any services unless otherwise specified.
1.6 Copyright laws cover all designs. Any Donside Landscapes design cannot be reproduced without prior written consent by Donside Landscapes. Once full payment for the design is made the client may then, if so desired, approach other contractors to quote for the project.
2.1 All quotations are valid for 30 days only and may be subject to alteration after that date.
2.2 The quotation is a best estimate of 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 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 pay a cancellation fee and any loss of expenses incurred as a result at the discretion of Donside Landscapes.
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 alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will be agreed by both parties prior to being undertaken.
2.5 No allowance is made in the quotation for any extra work required due to unknown, hidden or underground features.
2.6 Donside Landscapes 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 Donside Landscapes control.
3.1 The client accepts that he/she will pay Donside Landscapes the full contract sum (all costs incurred) together with any Value Added Tax properly chargeable upon the contract.
3.2 Payment terms (sums are inclusive of VAT) -
- Contract value up to £1000 - full payment on completion.
- Contract value £1001 and above - a deposit may be required prior to commencement of the contract then balance on completion.
A payment schedule will be supplied with the quotation if required.
3.3 The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate on completion (or as per payment schedule supplied).
3.4 Unless otherwise stated payments are due 14 days following receipt of invoice. If the invoice is not settled within 30 days Donside Landscapes reserves the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts (Interest) Act.
3.5 Materials which need to be purchased in advance will form part of the first stage deposit. If this or any invoice is not paid within seven days of being rendered the client will be deemed to be in default and therefore in breach of contract. Donside Landscapes 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.
3.6 In the event it is necessary to institute legal recovery of the outstanding sum the client will be liable to pay Donside Landscapes legal fees in full.
3.7 If the delivery date of goods is delayed by the customer Donside Landscapes reserves the right to charge the client the daily labour rate for all staff on site until the material arrives.
3.8 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.
4. The Site.
4.1 The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.
4.2 Access to water and electricity services will be provided by the client at no additional cost to Donside Landscapes.
4.3 Donside Landscapes 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 Donside Landscapes staff and subcontractors have left site after a working day.
4.4 Donside Landscapes 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 may hinder progress, and Donside Landscapes undertakes to keep the client informed.
5. Construction and Materials on Site.
5.1 Donside Landscapes always uses reputable high quality suppliers for the supply of turf, plants, trees and shrubs etc. Donside Landscapes is unable to guarantee their performance once Donside Landscapes has left the site.
5.2 Any structure or appearance of finished features is at the discretion of the Donside Landscapes, 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 Donside Landscapes, 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 (i.e. species or cultivar) is not available a suitable substitute will be selected.
5.3 Natural products may show some colour and texture or spacial variations; therefore Donside Landscapes cannot guarantee supplied materials are exact representations of any samples provided.
5.4 Donside Landscapes 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 Donside Landscapes accept no responsibility, except where it has been improperly installed by Donside Landscapes.
5.5 Materials delivered to site become the responsibility of the client. Donside Landscapes 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 a location agreed with the client. At this stage responsibility for the loss or theft of these plants will rest with the client.
5.6 Donside Landscapes 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).
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. Donside Landscapes 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 Donside Landscapes control.
6. 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 Donside Landscapes cannot accept any responsibility for the survival once the contract has been completed.
6.2 Donside Landscapes accept 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 This contract shall be regarded as a Scottish contract and shall be construed according to the laws of Scotland. Irrespective of the place of signing this contract, it is deemed to have been made at Donside Landscapes address and all legal matters arising from this contract will be handled within the area of Donside Landscapes choice.
7.2 Any accidental or malicious damage caused by the client, or any third party during the course of the construction may incur an additional repair charge.
7.3 Donside Landscapes reserves the right to use any drawings, photographs or plans produced by us for any future publications or displays whilst ensuring the anonymity of the client.
7.4 All materials and machinery left on site during works become the responsibility of the client once employees have left the site at the end of the working day.
Wellhouse Farm Cottage
Telephone 019755 62668 Mobile 07926 378 317