Terms and Conditions

Terms and

Conditions

Standard Terms and Conditions

For Landscaping and Associated Works

Date

Client

Address of Site

Project Number

The Term ‘The Client’ shall mean..............................................................................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 right

ful owner of the property as per

the address shown above.

The Term ‘The Contractor’ shall mean......................................................

who will be responsible to the

Client for works as described in the

Contract attached.

Nothing in these Terms and Conditions shall affect t

he Client’s statutory Rights as a Consumer.

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 w

ithin that CDM Plan.

The CDM Plan shall form part of the quotation and must be read in

conjunction with that document.

All requirements and obligations under any Plant Biosecurity or Plant Passport Regulations shall be

properly identified and dealt with u

nder 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.

The Client shall provide water and electricity at no charge to the Contractor.

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.

Any additions or alterations to the Works Schedule shall be properly treated as variations and subject

to written instructions. Persons authori

sed 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 i

mplications

which may affect the programme of works.

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

rior 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.

mobili

ation payment of £.............................plus VAT is payable with order. Stage payments against

works completed/materials on site shall be made at ........................intervals, payable within three days

of the date of invoice. As the contract is expected to last..................wee

ks, this will amount to ................

such claim/s. A final payment to be made following

practical substantial completion

and payable within

..............days of invoice, otherwise subject to 3%

interest

per month thereafter until paid. The

mobilisation payment may be u

sed to purchase material necessary for the construction of the works,

and is

therefore

not subject to a percentage

value

of the project total. The works shall be deemed to

be substantially complete when all items in the works schedule have been constructe

d or installed. In

the case of certain items e.g. bulb planting, which may not be possible due to seasonal delays in

obtaining materials, these works will be shown in the Contract as being outside of the time schedule

and therefore subject to a separate Co

ntract.

Substantial completion shall not include adjustments, repairs, replacement or cleaning of any item so

constructed after practical substantial completion, and any warranty periods shall commence from the

date of substantial practical completion, an

d not following any such remedial works

Requests for any

such adjustments, repairs, replacements or cleaning of any item constructed or installed following

practical substantial completion shall not be the cause of any delay of final payment, but shall pr

operly

be considered as warranty items.

11.

Price to remain fixed until the end of ............................................Acceptance before that date will ensure

no increase in the cost of the works specified. Any special conditions are noted in the Quotation.

12.

The

Contractor

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 specif

ically 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

hereof. No oral promises or agreements are part of

this contract.

16.

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 a

ll 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 rem

oved from site by the Contractor

or their Agents.

17.

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 cost

s 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.

18.

Any defects in the works which result from faulty workmanship or materials must be notifi

ed 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)

19.

Warranty works shall not extend

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.

20.

The value of any cl

aim made against this Contract shall be limited to the value of the agreed works and

values contained and described within the Quotation.

21.

It is important that the Client reads and understands the Terms & Conditions that apply to the Contract

prior to sign

ing. A separate

Notice of The Right to Cancel

this contract is attached under separate cover,

and must be signed by the Client

and appended hereto

as part of the Agreement.

22.

This Contract and Terms and Conditions are governed by the Law of England.

Terms and

﻿Conditions

Conditions