Landscape Construction
For Hard & Soft Landscaping
Standard Terms and Conditions of Contract
for Business to Consumer Contracts: Spruced-Up Limited
1.0 DEFINITIONS
1.1 “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.
1.2
“Contractor” means Spruced-Up Limited, 9 Court Close,
Princes Risborough, Bucks HP27 9BG.
1.3
“Contract” means the contract between
the Contractor and the Client for the purchase of goods and services incorporating these Terms and Conditions.
1.4
“Goods” means the articles that the Client agrees
to buy from the Contractor.
1.5
“Services” means the provision of landscaping services by the Contractor.
1.6
“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.
2.0
CONDITIONS
2.1
Nothing in these Terms and Conditions shall affect the
Clients statutory rights as a consumer.
2.2
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.
2.3
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
3.1 The Client agrees to pay the Contractor the contract sum together with
any VAT properly chargeable upon the contract sum.
3.2 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 more than a proportionate amount of the Contract sum.
3.3
The Client will pay the Contractor interest of the rate
of 1% per month interest on all outstanding sums from the due date until payment. The Contractor reserves the right to withdraw
from the site if any contract payment schedule is not adhered to.
3.4
For contracts with a value in excess
of £5000 excluding VAT, a refundable deposit of 10% of the total cost is to be paid on acceptance of the contract. Progress payments for contracts over £15000 will be negotiated between the Client and Contractor prior
to acceptance of the contract.
3.5
For contracts under £5000 a deposit is not required but
payment in full will be required on satisfactory completion of the contract.
3.6
Prices in the quotation will remain fixed for a period
of 60 days. 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 undertaking 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.
3.7
The cost of additional goods or services ordered by the
Contractor on behalf of the Client will be agreed in writing and subject to the payment conditions detailed 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.
3.8
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
unpaid for.
3.9
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. If the Contractor cancels the Contract he must pay the Client any losses or costs suffered because of the cancellation.
4.0 GENERAL CONDITIONS
The
Contractor
4.1
The Contractor agrees to use materials that are suitable
for the intended purpose. All materials remain the 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 superior standard and value.
4.2
All materials surplus to the contract will remain the
property of the Contractor and will be removed upon completion of the contract.
4.3
The Contractor will be responsible for the safe storage
and positioning of equipment and materials on the site at all times.
4.4
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.
4.5
The Contractor will carry out and complete the works
detailed in the contract in a good, timely and workman like manner.
4.6
The Contractor will not accept responsibility for damage
to the Clients premises arising from third parties employed directly by the Client. The Client will be liable for any damages
to works and or delay caused by third parties employed directly by the Client.
4.7
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
4.8
The Client confirms that the site is free from known
hazards or obstructions, which are not discoverable upon visual inspection of the surface of the site or made known in writing
by the Client to the Contractor prior to submission of a quotation. 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 unforeseen
or unknown hazards or obstructions will be agreed with the Client in advance. If the Client is aware of unseen obstructions
they must notify the Contractor prior to acceptance of a quotation.
4.9 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 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 and 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.
4.10
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.
4.11
The Client will allow the Contractor access to the site
within the agreed working hours and throughout the stated time period.
5.0 CONSENTS
5.1 The Client is responsible for obtaining any necessary consent for the implementation
of works 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.
6.0 DELAYS
6.1 The Contractor will give the Client an estimate of the duration of the
contract but shall not be liable for any delays for any reason whatever that are beyond the Contractor’s 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.
6.2 If the Client wishes to delay the Contract they must notify the Contractor
within seven days of the commencement of the contract.
6.3 If the Contractor does not start the Contract within 10 days of any date
included in the estimate or quote then the Client may nominate a date on which they want the Contract to start.
7.0 PLANTING MATERIAL
7.1 The Contractor will ensure that all plant material and turf is fit for
purpose and of the right quality and will ensure that all plant material 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.
7.2 If plant material specified in the Contract is unavailable the Contractor
will provide the Client with suitable alternatives. The Client has the choice whether to accept the alternative plant material.
8.0 COMPLAINTS
8.1
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.
8.2 The Contractor will follow the
complaint procedure as set out by the Association of Professional Landscapers. A
copy of this procedure can be obtained from The Association of Professional
Landscapers, Horticulture House, 19 High Street, Theale, Reading, Berkshire RG7 5AH.
9.0 COPYRIGHT
9.1
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.
10.0 THIRD
PARTIES
10.1 No work by the Contractor is intended to confer a benefit on any third party for any purpose.
11.0 FORCE MAJEURE
11.1
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.
12.0 CHANGES TO CONTRACT AND TERMS AND CONDITIONS
12.1
The Contract will only be varied with the Client’s
consent. The Client is entitled to cancel the Contract if the Contract is varied and the variations are not acceptable to
the Client.
13.0 GOVERNING LAW AND JURISDICTION
13.1 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.
14.0 ACCEPTANCE
14.1 It is important that the Client reads and understands the Terms and Conditions that will
apply to the Contract before signing.
Landscape Construction
For Hard & Soft Landscaping
Standard Terms and Conditions of Contract
for Business to Business Contracts: Spruced-Up Limited
1.0 DEFINITIONS
1.1 “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.
1.2
“Contractor” means Spruced-Up Limited. 9 Court Close, Princes Risborough, Bucks, HP27 9BG
1.3 “Contract” means the contract between the Contractor and the Client for
the purchase of goods and services incorporating these Terms and Conditions.
1.4
“Goods” means the articles that the Client agrees
to buy from the Contractor.
1.5
“Services” means the provision of landscaping services by the Contractor.
1.6 “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.
2.0
CONDITIONS
2.1
Nothing in these Terms and Conditions shall affect
the Clients statutory rights as a consumer.
2.2
These Terms and Conditions shall apply to all
contracts for the sale of goods or services by the Contractor to the Client and
shall prevail over any other documentation or communication from the Client.
2.3
Any variation to these Terms and Conditions, including
any special terms and conditions shall be inapplicable unless agreed by the Contractor and Client and confirmed in writing.
2.4
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
3.1 The Client agrees to pay the Contractor the contract sum together with
any VAT properly chargeable upon the contract sum.
3.2
All monies owing which are unpaid on the due date
will be liable to interest at the rate of 1.5% per month compounded monthly.
3.3
So long as any invoice remains outstanding beyond
its due date and without prejudice to such other rights and remedies as may be available, the Contractor shall not be obliged
to provide any further goods or services whatsoever and shall be entitled to cancel under clause “Cancellation”.
3.4
In the event of an invoice being disputed due
to snagging the Client agrees to pay 75% of the contract value on completion of the major works and the final balance to be
paid upon satisfactory completion of a snagging list.
3.5
Unless otherwise stated accounts are payable on
receipt of an invoice unless otherwise agreed.
3.6
For contracts with a value in excess of £ 50,000
excluding VAT, 25% of the total cost is to be paid on acceptance of the contract and 25% on commencement of the contract.
The balance is to be paid in full within 7 days from the date of invoice.
3.7
For contracts where the period of works is 4 weeks
or more the Client agrees to adhere to the attached payment schedule.
3.8
If payment for any invoice is not forthcoming
within 7 days of the date of invoice the Contractor reserves the right to cease work on the contract and remove all materials
remaining unused on the site. The Contractor is then entitled to recover from the Client the whole loss and expenses arising
from said default by the Client.
3.9
Title and ownership of materials and equipment
will not pass to the Client until payment has been received in full.
3.10
On acceptance of a contract the Client agrees
to pay 25% of the total cost.
3.11
If the Client shall cancel the contract at any
time before the commencement date then they shall be liable to pay 20% of the contract price to the Contractor as liquidated
damages.
3.12
Prices in the quotation will remain fixed for
90 days. Acceptance before
that date will ensure no increase in the cost of works specified in the quotation.
3.13
The cost of additional goods or services ordered
by the Contractor on behalf of the Client will be agreed in writing and subject to the payment conditions detailed above.
4.0 GENERAL CONDITIONS
The
Contractor
4.1
The Contractor agrees to use materials that are
suitable for the intended purpose. All materials delivered to the site become the responsibility of the Client, and the Contractor
accepts no loss, damage or expense after delivery of the materials to the site where such losses are beyond the Contractor’s
reasonable control. Materials that prove to be in excess of the contract
requirements remain the property of the Contractor and will be removed from site on completion of the contract. All materials
remain the property of the Contractor until payment for the contract is received in full.
4.2
The Contractor will be responsible for the safe
and legal disposal of all rubbish and debris arising from the contract work.
4.3
The Contractor will be responsible for the safe
storage and positioning of equipment and materials on the site at all times.
4.4
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.
4.5
The Contractor will carry out and complete the
works detailed in the Contract in a good, timely and workman like manner.
4.6
The Contractor will not accept responsibility
for damage to the Clients premises arising from third parties employed directly by the Client. The Client will be liable for
any damages to works and or delay caused by third parties employed directly by the Client.
4.7
The Contractor will make arrangements for staff
welfare facilities unless otherwise agreed with the Client.
4.8
Unless the Contractor is an approved electrician
an approved contractor will conduct all electrical work. Electrical work is not covered by the Contract unless specified.
The
Client
4.9
The Client confirms that the site is free from
hazards or obstructions, which are not discoverable upon visual inspection of the surface of the site or made known in writing
by the Client to the Contractor prior to submission of a quotation. The Contractor cannot be held responsible for any unseen
obstructions below ground and any costs incurred by the Contractor as a result of unforeseen hazards or obstructions will
be incurred by the Client at an agreed cost.
4.10
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.
4.11
The Client will allow the Contractor access to
the site within the agreed working hours and throughout the stated time period.
5.0 CONSENTS
5.1 The Client is responsible for obtaining any necessary consents for the implementation of works 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. Regulations or statutes shall not be the responsibility of the Contractor. The Client
is also responsible for confirming ownership of land to be worked upon.
6.0 DELAYS
6.1 The Contractor will give the Client an estimate of the duration of the
contract but shall not be liable for any delays for any reason whatever that are beyond the Contractor’s reasonable
control such as adverse weather or adverse or difficult site conditions not reasonably foreseen by the Contractor. In any
such circumstances the Client will allow a fair and reasonable extension of time.
6.2 If the Client delays the Contract within seven days prior to the job the
contractor reserves the right to charge the client a short notice delay fee not exceeding 10% of the Contract sum.
7.0 PLANTING MATERIAL
7.1 The Contractor is not able to accept responsibility for the well being
and maintenance of planted material and turf following completion of the Contract. The Contractor is not able to accept liability
for damage to living material arising from environmental damage. Upon completion of the Contract responsibility for the care
and maintenance of all living material is handed to the Client unless otherwise agreed.
7.2 If necessary the Contractor reserves the right to substitute plant material
with other plant material of similar value, growth, colour or habit which is suitable for the site.
7.3 Maintenance of living material is not included in this Contract unless
otherwise specified.
8.0 COMPLAINTS
8.1
Any complaint that the Client has
arising from the Contract works must be reported to the Contractor in writing within 7 days of completion of the contract.
If not so reported the Client will be liable for the full amount of the invoice. The Contractor will properly investigate
any complaint received within the specified period but the Contractor has no obligation to offer a discount or refund. 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
8.2 The Contractor will follow the
complaint procedure as set out by the Association of Professional Landscapers. A
copy of this procedure can be obtained from The Association of Professional
Landscapers, Horticulture House, 19 High Street, Theale, Reading, Berkshire RG7 5AH.
9.0 COPYRIGHT
9.1 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.
10.0 THIRD PARTIES
10.1 No work by the Contractor is intended to confer a benefit on any third party for any purpose.
11.0 FORCE MAJEURE
11.1
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.
12.0 CHANGES TO TERMS AND CONDITIONS
12.1
The Contractor shall be entitled to change these
Terms and Conditions at any time after consultation and in agreement with the Client.
12.2
These terms and conditions become void if the
Client or Contractor becomes bankrupt.
13.0 GOVERNING LAW AND JURISDICTION
13.1 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.
14.0 ACCEPTANCE
14.1
On signing the Contract the Client accepts these Terms and Conditions.
