Terms and Conditions on which Stephen Charles Landscapes Limited provides its services and purchases goods.
Stephen Charles Landscapes Limited provides its services and purchases goods for its customers on the following Terms and Conditions:
1 The meaning of some words used in these Terms and Conditions.
we, us or our is a reference to Stephen Charles Landscapes Limited, a company incorporated in England & Wales under company number 10330797 and whose registered address is 8 Clifford Road, Richmond, London TW10 7EA;
you or your is a reference to the person to whom we are providing our Services or supplying Goods and who is required to pay for the Services we provide and the Goods we supply;
Goods means the goods we shall buy for you (and tools that we hire) and for which you will pay;
Materials means any materials, goods, parts or items we need to buy necessarily in order to perform the Services but does not include the Goods we will be purchasing for you;
Premises means the place where we will provide the Services and where we supply the Goods; and
Services means the Services we will be providing to you will be stated in the Letter of Engagement and as we agree in writing from time to time;
2 Entering into a legally binding contract.
2.1 A contract between you and us will come into being when you sign the Letter of Engagement or send us an email asking us to proceed. We and you will enter into a legally binding contract on the date you sign or have sent the email.
2.2 We suggest that before you sign the Letter of Engagement or send us an email that you read through these Terms and Conditions. If you have any questions concerning them, please ask us.
2.3 You should keep a copy of these Terms and Conditions for your records.
2.4 Acceptance of the contract is you accepting all parts of the quote or estimate. Any variation to parts not accepted needs to occur before work commences. There is no right to dispute any parts of a quote/estimate accepted after the work has been carried out based on time taken.
2.5 Where modification of the contract occurs after work has commenced, Stephen Charles Landscapes Limited will charge for time taken to rework quotes, and charge for subsequent meetings at a rate of £75 plus vat per hour.
2.6 Where work is undertaken which has not been priced for and which is outside of the original contract or which effectively modifies the original contract, this will be priced at £35 plus vat per man per hour plus Materials, with our handling fee included. Examples of where this may occur is where change has occurred and where we are unable to price until work has been completed, where there have been unexpected material costs, where the Sales Director is away and/or unable to price quickly, where numerous changes have resulted in lots of work from our sales team already and the changes are expected to be less than £1000 plus vat in value or other requirement to complete the work without the need for a quote.
2.7 Where you have not been charged a design fee and modifications occur once work on site has commenced, you will be charged a per hourly rate charge for all work in relation to changing the work contract. This charge will be notified to you by the Sales Director. This charge will occur from the second modification that has occurred resulting in change of design, pricing, or simply returning stock that you have agreed to, and any return fees from our suppliers will be invoiced too.
2.8 Any modifications will not require a new contract to be signed.
2.9 Where a quote/estimate has been accepted and work has been quicker than expected, the same fee applies regardless of the work taking a shorter period of time. Where an estimate has been accepted and work has been quicker than expected, the fee will be modified to take into account the change in work time. If you are not clear which yours is, please refer to your original paperwork.
3.1 Upon your acceptance, a deposit of 50% of the work will be required to book in dates for all work under £50,000. For work over £50,000, an initial deposit of at least £10,000 followed by weekly payments towards the deposit will be necessary. For companies, the exact figure will be dependent upon your default history obtained by checking the relevant agencies.
3.2 If any modifications occur meaning additional work is required, then the 50% of that must be paid in advance.
3.3 In the event that your contract is cancelled, please see the remainder of these Terms and Conditions.
3.4 If the deposit is not paid prior to 7 days of the commencement, then work will not commence on the date agreed.
4 Providing the Services
4.1 Once we and you have entered into a legally binding contract, we will normally start providing the Services to you at the Premises using the Materials on a date set out in the Letter of Engagement or by email agreed between us without further discussion with you. Occasionally, the Services will be provided at some other date or time or be dependent on a number of factors.
4.2 Where changes have occurred in-between the estimate/quotation and commencement date notification may take place in an email to you.
4.3 Our aim is to always provide you with the Services:
4.3.1 using reasonable care and skill;
4.3.2 in compliance with commonly accepted practices and standards in landscaping, arboricultural, garden and estate maintenance sectors;
4.3.3 in compliance with laws and regulations in force at the time we are carry out the Services;
4.3.4 using all necessary tools including appropriate personal protective equipment (PPE).
5 Goods and Materials
5.1 You and we shall agree the Goods that you wish us to purchase (except where you have allowed us the choice to decide on what Goods to purchase for you). Where there is a change after commencement for whatever reason, this must be agreed in writing with the Sales Director (no one else) for it to have any valid and legal effect. It is your responsibility to notify this change within 5 days of you having decided this change. Failure to do this means that it is not a change accepted by us. In the event that any goods or materials have already been ordered, then you agree, via these Terms and Conditions, that you shall be responsible for the costs.
5.2 Once it has been decided what Goods will be purchased for you or supplied to you, it will not be possible for you to cancel or change what is purchased or supplied (except as you are permitted to do so under law) or it is down to our error in ordering the wrong materials.
5.3 Where you attempt to change or cancel what is purchased or supplied and we accept this, you will be responsible for any costs in making that change such as return costs by our suppliers, delivery charges, and our own time in collecting or delivering the items.
5.4 Where you have changed your mind after the delivery of Goods for whatever reason, you will be charged for our time in the collection and return of these items and of any return item fee from the supplier. Where the supplier takes a percentage off for return and we are not refunded the full amount, you will be totally responsible for this charge.
5.5 Once the Goods are delivered to you at the Premises, it will be your responsibility to look after the Goods (and no longer our responsibility to look after the Goods). If you delay delivery after we and you agree a date for delivery, then we will not be responsible for the Goods after the agreed date of delivery whether or not the Goods have been delivered (unless any damage which the Goods suffer is due to our negligence).
5.6 Where you have ordered Goods and we have to move these goods, we will charge you a fee of £35 plus vat per man per hour for our time to move these, plus any associated time in discussing with suppliers the order or where there is a supplier who we have not used before including our time in talking to any contractor in order to carry out any additional preparation required correctly to our utmost care and skill.
5.7 Where any Services need to be performed and in relation to the Goods (such as installing the Goods, fitting the Goods or making them ready to be used), we assume that:
5.7.1 any supplies of such things as electricity, water, telephone and internet connection are available; and
5.7.2 existing systems, goods, wiring, pipes, electricity, gas, walls etc. to which the Goods are to be connected, installed in or with, added etc. are in good working order and suitable for the installation, fitting or configuring of the Goods; and
5.7.3 if the Goods are to be connected to other goods or systems, then such connection is suitable and permitted (either by the manufacturer or maker or by law).
5.8 Unless agreed otherwise, we will arrange for the Goods to be delivered to the Premises. There may be time to time that we need to collect instead.
5.9 The Goods will be in accordance with statutory requirements, be of satisfactory quality, meet any written description concerning them, and be fit for normal purposes. If there are particular purposes for which the Goods will be used, then we need to be made aware of these before the Goods are ordered.
5.10 We will provide all plants, shrubs and sundry items with a handling charge to cover our charges. Our material prices will also include charges towards the guarantee element of the work carried out for those materials and moving and handling time of the materials and goods, as well as an allowance towards time to work out your quotes/estimates unless a separate design fee has been charged.
5.11 Where you decide to purchase materials yourself, we will need to charge you a separate charge for handling the goods to get them to the area needed for us to be able to provide our service.
5.12 Where changes have occurred, meaning that we were purchasing the Goods but that the change meant that you are now, there will be the requirement to re-quote you and apply charges that have been incorporated into the charge for materials, such as but not limited to, for the guarantee element of our work, time for preparing the quotes/estimates, moving and handling of the Goods etc. Where work has commenced without this re-quote, charges will be made on a per hour basis and charged at our standard hourly rate of £48.50 plus vat per man per hour.
5.13 Natural products may show some colour, texture or other variations; therefore, we cannot guarantee Goods are exact representations of any samples provided.
5.14 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. We cannot be held responsible for the above taking place. Where you require any Goods to be replaced due to products splitting or warping, this will be at extra charge.
5.15 Where we need to use screws or nails on materials or goods, and a price has been given to you, and no agreement has been made at the time of the quote/estimate as to what type of nail or screw but that a price has been given to you separately for that item, we shall use the screws or nails that we used to price that item for you. Where you wish to change the type of screws or nails used and this has not been agreed with the Sales Director in writing, it will have no valid legal binding effect on us, regardless of whether you have discussed this with other members of the company. Changing the type of screws or nails will have price implications, and any such change can therefore only be discussed with the Sales Director, regardless of whether any change is suggested by any other member of the company or by you.
6 Supervision of staff charges
6.1 We incorporate a certain basic standard of supervision into all our quotes.
6.2 All of our team leaders and supervisors are trained on quality control and there is simply no need to carry out additional visits by the Sales Director. Each visit costs us and the cost therefore will be passed on to you.
6.3 For simple supervision, these costs are included within your quotation/estimate costs and our mark-up on Goods or Materials.
6.4 Where clients change their mind and purchase Goods or Materials themselves, there will be a separate charge for this. This charge cannot be disputed as it is essential to the problem free of your project. If Stephen Charles has emailed you informing you of the charge, then this is notice that clause 6 has come into effect in fullness.
6.5 Most of our landscaping work does not require more than this simple supervision which is built into our costs. Where either the client wishes, or there have been numerous changes meaning that we either need to or the client feels we need to be supervising more, we will make a separate charge for these services.
6.6 Where additional quotes/estimates have been requested, these will be incorporated into those quotations. In the event that the client disputes a quotation and some work is taken out of quotations, this will not be included within the cost and there will be a separate charge.
6.7 For visits which are simple, defined by less than 2 garden services, only one visit of supervision for a few hours of staff is required, usually on the first day to go through the project, with a final visit 24 hours after the final service is provided and then one month after completion by our Quality Control Officer. Our sales team are available on the phone for the landscaping teams to answer any queries. Our sales team and our onsite landscaping team have regular meetings in our office each week where the project is discussed.
6.8 For visits which are more complex, defined by more than 2 garden services, the charge will be notified to you in writing should it arise, as it depends on the level of complexity required or the frequency and amount of time expected on site.
6.9 Where a client has not been charged a design fee, and where changes have occurred, additional supervision at extra cost may be put in to ensure all changes occur smoothly and hassle free. Some clients like this supervision, while others do not feel it is necessary.
6.10 Where a number of meetings occur, or where meetings go on for prolonged periods of time, we shall charge supervision costs as this is beyond usual patterns of meetings and one for which the reasonable client would expect to pay for the meeting.
6.11 These charges are to ensure our sales team and office costs are met and to ensure clients' projects do not run into unusual delay or problem due to changes or high demands which have not yet been priced for, or where the client believes is included but the Sales Director does not believe is priced for.
7 Days and times when we normally provide the Services and performance of Services away from the Premises
7.1 Unless we agree otherwise, we will provide the Services on normal working days and start work no earlier than 8am and finish work no later than 4pm during our winter hours and 5pm during our summer hours. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.
7.2 We may, on occasion, work on Saturdays, but this is not a normal working day. Our staff work on a rota to cover Saturdays and it depends entirely on if the staff on your project are scheduled to work.
7.3 During our working day, we may not spend all day on your project. This working day includes the organising of materials, collecting of materials, collecting of rubbish, disposing of rubbish, transport to and from your project, as well as all associated matters in relation to your project.
8.1 At the time we perform the Services, we may not have all the Materials we need to perform the Services. This may be for a number of reasons such as:
8.1 we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; in which case additional costs may occur, or
8.2 where we have provided an estimate, the need for particular Materials may not be reasonably possible to establish at the time we provide the estimate, in which case additional costs may occur, or
8.3 the need for the particular Materials may only be revealed when we start performing the Services; in which case additional costs may occur, or
8.4 whether or not we have provided an estimate, the condition of an item which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.
8.5 You have ordered materials such as decking, paving slabs or grass, and materials required as part of that have not arrived. If you have ordered materials for us to use, and you have not ordered materials necessary to go with the materials you have ordered, there will be the need for us to obtain these.
8.6 In such cases, we may need to purchase Materials. The costs of these may fall outside the scope of the original quote.
8.7 If the Materials are available from a local supplier, then we normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services.
8.8 If the Materials are not available from a local supplier, we would normally order the Materials and return to continue to perform the Services.
8.9 We will charge you at our standard hourly rate for our time spent in obtaining these materials.
8.10 We will not charge you for any time spent in obtaining Materials if we have bought or ordered the wrong Materials.
8.11 Where we have, in following the contract, obtained materials, either by collecting them or organising delivery, and the customer changes their mind after that event, there will be a charge inclusive of our time to organise this, our associated costs which include costs for fuel and towards using transport, and any fees the supplier has in relation to delivery and return. These costs will be passed on in their entirety to you.
9 Waste disposal
9.1 All grass arisings and non-lignified plant tissue will be composted under controlled conditions at the Premises. If you do not want this or there is no suitable place, an additional charge will be incurred for its removal.
9.2 All other waste will be removed from the Premises and transported to the local authority waste transfer station. Charges will be made based upon the weight, distance and time taken to dispose of each load. The weight charge is levied by the local authority for all business waste.
9.3 The removal of waste other than that set out in the Letter of Engagement will incur an additional charge for its removal.
10 Garden Maintenance
10.1 All garden maintenance contracts will be subject to these terms and conditions and the signed contract.
11 Gritting of car parks, hard-standing and external pathways
11.1 In addition, we will if required and part of the garden maintenance contract, supply and spread salt to those areas in accordance with the Health and Safety legislation.
11.2 Provided we are informed of gritting requirements prior to winter weather, this will incur a standby charge plus a charge each time gritting operations are carried out. If, however, we are not informed of this requirement, this will incur an emergency charge, plus a charge each time gritting operations are carried out. This is more than that of the standby charge. This takes into account the fact that we may need to obtain the relevant materials.
12 Adverse weather
12.1 Our performance of the supply of Goods and Services is dependent on the weather being suitable. Following our assessment of adverse weather, we may have to delay performance until the next scheduled visit. We will call you to inform you of this between 9am and 10am when our admin staff arrive at the office.
12.2 The weather may affect the Goods and Services once completed. Rain and snow may produce puddles on the turf, ground frost may cause damage or death to plants, severe winds may uproot trees or dislodge fencing, drought might cause dehydration in plants. As these occurrences are a result of natural causes and are outside our control, any remedial works or the supply of Goods will incur additional fees.
13.1 Our responsibility to perform the Services and deliver the Goods by particular dates
We aim to carry out the Services and the delivery of the Goods by the dates and times we either agree with you in the Letter of Engagement or notify to you. But we cannot guarantee or provide a firm commitment that:
13.1.1 we will start performing the Services by a specified date or time; or
13.1.2 we will complete the performance of all the Services by any specified date or time; or
13.1.3 the performance of any individual part of the Services will be completed by a specified date or time; or
13.1.4 the Goods will be delivered at the times or dates specified.
13.2 What can happen if we cannot start performing the Services or complete performing the Services
13.2.1 If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified, then you may choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract.
13.2.2 Where we have started performing the Services and you decide you wish to cancel the contract, you will only have to pay for any Services we have performed up to the date of cancellation and for any Goods and/or Materials which we have a legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Goods and/or Materials we have purchased, we will return the difference to you within 7 days of cancellation.
13.2.3 What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services (e.g. within half a day), then you may have the right to cancel. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when we are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may be entitled to cancel the contract.
13.3 Situations or events outside our reasonable control
13.3.1 In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in clause 10.3.2). Where one of these occurs, we will normally attempt to commence or re-commence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances, there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
13.3.2 The following are examples of events or situations which are not within our reasonable control:
(a) where weather conditions make it impossible or unsafe for us to perform any of the Services;
(b) if the Materials or Goods are not delivered on the date or at the time agreed with the supplier of the Materials and/or Goods (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
(c) where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials and/or Goods);
(d) where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependant on the other provider);
(e) where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
(f) where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
(g) for some other unforeseen or unavoidable event or situation which is beyond our control.
13.3.3 If the delay in us commencing performing the Services will be excessive, then we will offer you the option of either:
(a) continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example, if we and you have agreed that you will pay us in staged weekly amounts), then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
(b) allowing you to cancel the contract. If you choose this option, then you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials and/or Goods which we have a legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials and/or Goods we have purchased, we will return the difference to you within 7 days of cancellation.
14 Price, estimates and payment
14.1 Our charges based on time spent
We normally charge for our Services on a time basis. We base our charges on our standard labour rates which are set out in the Letter of Engagement, except tree works which is priced separately.
From 1st January 2019, our standard hourly rate for all work is £37.50 + vat per man per hour for all landscaping work which is not priced for in a quote or an estimate. Where work is completed which has not been quoted for, you will automatically be charged at this rate based upon the time taken. Examples include moving products you have purchased from the front garden to the back garden, putting up what you believe to be a quick fence, etc. We will not notify you of these charges as they form part of your contract by acceptance of the original quotation/estimate.
All consultancy and design fees, where charged, are charged at a separate rate between £60 plus vat and £85 plus vat per hour.
Where additional time has to be spent due to queries from you, which should have been clear at the time of acceptance, you will be charged at the rate of £37.50 + vat per man per hour. This is to cover administration time.
We will give one month’s notice of any changes to our standard labour rates.
We will also charge for parking costs incurred while performing the Services and delivery of the Goods and Materials.
14.2 Our charges based on an estimate or quotation
14.2.1 The estimate or quotation in the letter of engagement is what we will charge you. These are normally valid for a period of three months from the date they are given.
14.2.2 If we provide an estimate, we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
(a) when you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services and as stated in the estimate; or
(b) when we start performing the Services, it becomes apparent that the quantity of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services, and we could not reasonably foresee this before we started performing the Services.
(c) Where we need to add charges for project management fees due to frequent changes or necessity due to complexity of project
Where the amount of work involved is greater than that stated in the Engagement Letter, then we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless:
(i) it is not possible to contact you within a reasonable time; or
(ii) it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
14.3 Our charges for changes, planting plans and project management fees
14.3.1 We do not charge for the initial consultation and design fee.
14.3.2 However, where there is more than two changes to the original design, we charge between £55 and £85 plus vat per hour for all time spent in relation to necessary changes to drawings, quotes/estimates and consultation, plus of course associated travel costs.
14.3.3 We find that more and more of our clients prefer project management services. We do not automatically include this as part of our Services. All of our landscaping teams are fully capable of running the project with reference back to the office for Materials. We include as standard two visits from your garden designer.
14.3.4 Occasionally, we find that some clients like to become too involved which adds additional time onto the project and creates unusual time not planned for. Where this occurs, there will of course be costs for our time in consultation, talking to the client and people the client wants us to, gathering information as a result, etc. It is only fair to charge for this where we have not included it as part of our quote or estimate and it becomes necessary due to complexity, client need or too many changes.
14.3.5 Where changes have occurred, we will add a £25 admin fee for all changes made resulting in financial changes to cover the admin cost within the office. We will also not hold any responsibility for any lateness of the project due to this.
14.3.6 For all work not contained within a quotation or estimate, it will be at our standard hourly rate.
14.4 Payment for the purchase of the Goods
You will need to pay for any Goods, Materials and tool hire charges before or at the time we purchase or order them (plus the costs of delivery and redelivery if you are unable to take delivery on the original delivery date).
For your information, most Goods we purchase will need to be paid for in advance of purchase or at the time of ordering.
We will retain ownership of any Goods until you have paid for them (whether or not the Goods are delivered or have been subject to the Services we are to perform concerning them).
We may increase the prices of the Goods, Materials or for tool hire with immediate effect by written notice where there is an increase in the direct cost to us of supplying them and which is due to any factor beyond our control.
14.5 When payment is required for the Services
Payment for our Services and the Materials are normally made in two ways, either:
14.5.1 the payment of a deposit of % before we commence performing the Services and the balance at the time we complete performing the Services if performed within two weeks; or
14.5.2 in a number of weekly staged payments, often involving the payment of a deposit of between 25% and 50% before we commence performing the Services; and the payment of the remaining amount in a number of fixed payments.
Where changes occur, you will be notified of changes to the amount by email.
Which option we will use will be indicated on the Letter of Engagement.
Where the amount of work involved is greater than that stated in the Engagement Letter, its cost will be added to the next interim invoice or to the final invoice.
14.6 Prompt payment
14.6.1 Where payment is not made at the agreed time, we reserve the right to not return to work until payment has been corrected.
14.6.2 All payments will be set out in a payment plan.
All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
14.8 If you do not pay when required to
If you fail to make payment by the date or time we and you agree, we may:
14.8.1 charge you interest (at Barclays Bank plc’s base interest rate plus 3%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 days from the date of our invoice or when we asked you first to pay them; and/or
14.8.2 if the amounts not paid represent more than 10% of the total value of the Services we are to perform for you and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
14.9 Where you seek to not pay amounts due to us
You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
15 Breach of contract
15.1 Where the terms set out within the contract have not been adhered to, the contract will be considered to have been breached.
15.2 Where a partial breach has occurred due to either you or us, it must first be determined who is at fault to determine whether it is a breach or whether it is considered a change capable of additional charge. Where the wrong materials have been used, careful scrutiny of the quote or estimate will be used in determining if there is actually a breach capable of needing fixing as opposed to a change at a later date that has not followed the correct procedures and therefore not been accepted by either party. Where it can be seen not to have been breached, but that you want us to change the material used, this will be at extra cost. Where it can be seen that agreement in writing between the Sales Director and you has allowed the change, then the necessary steps in correcting the material will need to occur.
15.3 Where a material breach has occurred resulting in a total loss of trust or support by either party or an inability to perform the contract as a result, we may consider cancelling the contract without financial repercussion for breach of contract. Where this occurs, we will work out costs spent by us so far and work out the costs based upon this.
15.4 Where a quality matter has been raised, this will be addressed within 28 days of the meeting where this is raised. Where we are unable to fix the matter as we do not accept it is a quality matter ,you will be notified of this in writing. Where we are not able to fix it within 28 days, you will be notified of this with the reason.
15.5 Where there is a discrepancy between what you and we believe was agreed, we will need to cease work until that agreement has been decided. Work will recommence once the agreement has been made. This may be outside the 28 day period.
16 Things you will need to do
16.1 If we are performing the Services at the Premises, then you should:
16.1.1 make the areas where the Services are to be performed ready;
16.1.2 remove any items etc. which will stop or hinder in the performance of the Services;
16.1.3 protect your items or possessions from the effects of us performing the Services; and
16.1.4 allow us to gain access to the Premises at the dates and times we and you have agreed we will perform the Services or when the Goods will be delivered; and
16.1.5 indicate the line of the boundaries, underground cables and pipes at the Premises before commencement.
16.2 You will obtain all necessary consents, permissions and approvals before we start performing the Services, including planning consent from the relevant local authority.
16.3 You will make available facilities at the Premises as we reasonably require.
17 Some restrictions and assumptions
17.1 We will assume that all information, measurements and facts (Measurements) that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance on these. We will be responsible for any Measurements we make or provide.
17.2 Where assumptions are made about evacuation depths, we may have to dig deeper to ensure we reach suitable ground. Where this occurs, we will not necessary inform you until after this work has been completed. This may create additional charges not determinable at the time of the original quote.
17.3 Where work is completed within a quicker timeframe than originally expected, we will not change or reduce our price, even where it has taken us quicker time than allowed for, unless it is priced for on an hourly basis charge.
17.4 Where goods or materials are priced for on a pro rata basis and an estimate, the final cost will depend upon the number of goods or materials actually used or needed.
17.5 Where work takes longer than expected, it will depend upon whether it has been given to you as a quotation or estimate as to how we proceed. Where the work falls outside of either, or is on hourly rate charge, you will be charged for the extra time. Where the work is within a quotation, except where changes have occurred making it obvious that there will be additional charges due to increased material costs or increased labour costs, this will be borne by us except where you have been provided with a subsequent quote/estimate which you have then accepted. Where the work is based upon an estimate, you will be notified of any change to the original estimate.
17.6 Additional work not quoted for will be carried out up to the value of one day rate without need for the landscaping supervisor to inform the office in advance to get a price. The day rate depends upon who is on site, not what the task is. All day rates are assumed to be for 8 hours; where the day goes over 8 hours additional rates will be charged. Vat is chargeable on top of this.
17.6.1 DAY RATE 1 £160
17.6.2 DAY RATE 2 £200
17.6.3 DAY RATE 3 £280
17.6.4 DAY RATE 4 £323.75
17.7 Where we have forgotten to include something within the original quotation/estimate for whatever reason, this additional cost will be notified to you and will still be due by you as if it had been included in the original quote/estimate.
18 Exclusion and limitation of liability
18.1 We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
18.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach of this contract. In the event that any loss or damage suffered by you relates to your business activities or use of the Premises for commercial purposes, then we exclude all liability and in particular we exclude all liability for loss of profits or other economic loss arising from a breach of this contract.
19 Communicating with us
19.1 You can always telephone (our contact number is 0203 8978 422).
19.2 However, for important matters, we suggest that you use writing and send any communications by post to 8 Clifford Road, Richmond, London TW10 7EA (although we do accept emails at email@example.com ).
19.3 All contractual changes are required to be notified to the office, who can be reached on the email address notified to you at commencement. Any not notified and work then commencing will not be capable of dispute, should any arise. It is not sufficient to make agreements concerning cost or changes directly with the onsite staff, team leaders or supervisors. Any agreements made with them directly will not be authorised by the office. Any changes made without the office being made aware by you in advance which result in work occurring will be invoiced separately at our standard hourly rate. Once this work has commenced, it cannot be capable of dispute.
20 Quality control
20.1 All of our field managers, team leaders, and supervisors are fully trained in quality control.
20.2 One week after the completion of your project, we visit to determine if any quality issues exist before signing the project off. We complete our client satisfaction document at this stage with you, so that we can learn and make improvements for the future.
20.3 Where your project is over 2 weeks in nature, we will allocate a Supervisor to lead your project who will be responsible for the quality control during the project. In the event of holiday or other absence by the supervisor, the person responsible for your project will have weekly checks by another senior member of staff. These will be reported back to the office. Upon return of the supervisor, he will once again take over the quality checks.
20.4 All of our staff are expected to use a cloud based system to log hours for work completed, meaning that our Finance Director can pick up changes easily.
20.5 Where, there is a discrepancy between what is originally put in a quotation/estimate and what the end result is, this could lead to concerns about quality control. Where this occurs, we will first of all check what was initially agreed, then what changes have been agreed by the office. Unless the office has been informed in writing, this will result in us having no liability where it has resulted in reduced costs. This tends to occur specifically with natural products such as cedar decking, changes to plants or plant sizes, height changes etc.
20.6 A quality issue must be addressed in writing to the office for the office to investigate.
20.7 If accepted, any quality issue does not mean that there will be any discount offered or expectation from you that a reduction will be granted.
20.8 Once accepted, we will carry out the remedial work within 14 days of having available a suitable qualified person to carry out the work. Times will be notified to you at this stage.
20.9 Quality control occurs via onsite visits from senior members, photographs of all work completed both at the time and shortly after, feedback from clients as well as our supervisors visiting the site. Employees carry out regular meetings with supervisors both onsite and via video call to determine our quality brand.
21 Cancellation by you
21.1 You have the right to cancel this contract within 14 days and prior to the commencement of the Services without giving any reason. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).
21.2 After the 14 day period, you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.
21.3 After the contract has commenced, we may agree to cancel where it has become impossible to complete the contract or where your behaviour prevents us from doing the work in the way that we are used to, or where there has been an irreparable breakdown meaning neither party either wishes or is able to continue with the contract.
21.4 If we agree to cancel, then you will be responsible for the cost of:
21.4.1 any of our time in performing the Services up to the date we stop providing the Services;
21.4.2 any of the Goods you have not already paid for (or any part of the price of the Goods you have not paid for);
21.4.3 any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
21.4.4 All of our time in carrying out the quotations/estimates and consultations with you for whatsoever reason whether notified to you as chargeable or not at the beginning of the quotation process.
21.4.5 Any of our time in returning items, including costs passed on by suppliers for cancelled orders.
21.5 In the circumstances stated in clause 19.3, we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit, we will return invoice you for the amount in excess of the deposit.
21.6 If you:
21.6.1 purport to cancel the contract, or
21.6.2 give notice purporting to cancel, or
21.6.3 otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract, we do not have to accept your cancellation except as provided in clause 19.3 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so, you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained, we will require you to pay for our losses and costs in excess of the deposit retained.
22 Amendments to the contract Terms and Conditions
We will have the right to amend the Terms and Conditions of this contract where:
22.1 we need to do so in order to comply with changes in the law or for regulatory reasons; or
22.2 we are changing the rates we charge for the provision of the Services as provided for in clause 12;
22.3 we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
Where we are making any amendment, we will give you  days’ prior notice (unless the contract is terminated before that period).
23 Contacting each other
If you wish to send us any notice, letter or email, please send to 8 Clifford Road, Richmond, London TW10 7EA or firstname.lastname@example.org. If we wish to send you a letter or notice, we will use the address you have given in the Letter of Engagement.
24 Photographs, plans and drawings
We shall use our photographs, drawings and plans of the Premises for the marketing of our services including publication of photographs on our website and via social media whilst ensuring your anonymity. If you object to this, please notify us of this in writing prior to contract start.
25 Your privacy and personal information
26 Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999, this contract is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.
27 Law and jurisdiction
This contract shall be governed and construed by the law of England, and you and we agree to submit to the jurisdiction of the courts of England and Wales.
© Stephen Charles Landscape Limited 2019 - Terms and Conditions
Created by: Caroline Bevan
Date: 9th September 2019
Approved by: Megan Randell
Date: 9th September 2019
Review: June 2020