These Terms and Conditions shall apply to and are incorporated in any quotation (hereinafter referred to as the Quotation) provided by MWD Landscapes (hereinafter referred to as the ‘Contractor’) to you, the client (hereinafter referred to as the ‘Client’) and shall be deemed to apply unless expressly modified or excluded by the Contractor. These Terms and Conditions have been written to protect the Client and the Contractor (hereinafter referred to as the Parties) and form a binding contract (hereinafter referred to as the ‘Contract’).
1. DEFINITIONS
1.1 The definitions and rules of interpretation in this clause shall apply in full to these Terms and Conditions.
1.2 Paragraph headings shall not affect the interpretation of these conditions.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assignees.
1.4 Words in the singular shall include the plural and vice versa.
1.5 Start Date is the proposed date that the Contractor intends to start the Works as agreed with the Client, subject to reasonable change / delay due to circumstances out with the Contractor’s control.
1.6 Contractor means MWD Landscapes
1.7 Client means the person, firm or company who enters into a Contract with the Contractor for the provision of landscape gardening work.
1.8 Site means the location where the Works are to be carried.
1.9 Quotation means the documents including detailed plans and/or drawings describing the Works, provided by the Contractor to the Client.
1.10 Works means the work to be carried out by the Contractor as set out in the Quotation, together with any other services which the Contractor agrees to provide to the Client.
2. QUOTATION & SCOPE OF WORK
2.1 The Quotation is valid for 30 days from the date shown thereon. If the client wishes to proceed with the Works, they must let the Contractor know before the 30-day period expires.
2.2 Quotations are produced openly and fairly, and are not open to negotiation.
2.3 Before the Quotation is produced, the Client must inform the Contractor of any issues which may affect the Works such as access issues or neighbour disputes.
2.4 The Quotation provides an accurate description of discussions and work agreed between the Parties, and is based on conditions known and divulged by the Client at the time of the Contractor viewing the proposed Works.
2.5 The Client agrees to pay for any extra works or costs arising from unknown circumstances, difficulties or changes which were not divulged to the Contractor before the Quotation was produced.
2.6 Only work detailed in the Quotation will be carried out by the Contractor. The Contractor is under no obligation to execute further work requested by the Client, unless expressly agreed by the Parties.
2.7 Work requested by the Client which is not included in the original Quotation will be treated as additional work and a new Quotation will be provided. The Contractor will endeavour to carry out additional work at the same time as ongoing Works, however, the Client accepts this may not always be possible. In this instance a Start Date for additional work will be agreed between the Parties.
2.8 The Contractor reserves the right to increase the Quotation if factors out with their control make it necessary, including, but not limited to, a price increase of raw materials or equipment hire, and minimum wage increase. In these circumstances the Client will be informed and will have the option to cancel the Contract without penalty.
4. CONTRACTOR RESPONSIBILITES
4.1 All work will be carried out by the Contractor unless otherwise agreed between the Parties. Occasionally the services of third-parties or sub-contractors known to and trusted by the Contractor may be used; the Client will be notified of this prior to such work being undertaken.
4.2 The Contractor will carry out and complete the Works in a professional and timely manner.
4.3 Unless prior arrangements are explicitly made between the Parties, the Contractor will source / provide the materials, machinery, tools and fuel needed to undertake the Works.
4.4 The Contractor will hold full Public Liability Insurance, available to view on request.
5. CLIENT RESPONSIBILITIES
5.1 If the Client wishes to accept a Quotation, they will be required to read, sign and return an acceptance form agreeing to these Terms and Conditions. The signed acceptance form becomes a legally binding Contract between the Client and the Contractor. Works or provision of materials will not take place until the Client returns said acceptance form.
5.2 The Client is responsible for obtaining any necessary planning permission for the Works and for fulfilling any statutory requirements.
5.3 The Contractor accepts no responsibility for Works that have been carried out on land not under ownership of the Client. By entering in to the Contract, the Client confirms they are the owner of the Site or have the right to act on behalf of the owner of the Site.
5.4 By entering in to the Contract the Client warrants, to the best of their knowledge, that the Site is free from springs, flooding, rock, tree stumps (not specified to be removed), mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations or other hazards or obstructions which were not visible or made known in writing to the Contractor prior to production of the Quotation.
5.5 The Client accepts responsibility for any additional costs incurred by the Contractor resulting from the discovery of such hazards referred to in 5.4. The Contractor accepts no responsibility for damage to, or cost involved with, any hazards, obstructions or services on the Site not disclosed by the Client or apparent to the Contractor on visual inspection.
5.6 The Client will ensure adequate access to the Site is made available to the Contractor to enable the Contractor to carry out Works in an effective and timely manner.
5.7 The Client will provide access to the Site during the Contractor’s normal working hours; winter months: 7:30am - 5pm, summer months: 7.30am – 5pm
5.8 The Client will provide access to water and electricity wherever possible for use by the Contractor whilst carrying out the agreed Works. The provision of these services and facilities will be at the sole cost of the Client.
5.9 When the Contractor has requested use of the Client’s power source, it is the Client’s responsibility to ensure any electrical equipment such as fridges, freezers, cookers, lights, clocks, etc. are plugged in / switched back on during or after completion of the Works.
5.10 The Client agrees not to unnecessarily interrupt the Contractor while Works are underway. The Contractor may be carrying out potentially hazardous tasks requiring their full attention and concentration. The Contractor will be adhering to a carefully planned work schedule, so is it vital that the Client allows the Contractor space to utilise their time effectively to keep the Works on schedule.
5.11 The Client will be responsible for ensuring the safety of children, family members, pets, and visitors to the Site whilst the Works are carried out.
5.12 The Client will remove and dispose of any pet waste before Works begin.
5.13 Prior to the Works commencing, the Client will move any garden furniture/children’s play equipment/ garden plant pots etc. obstructing the area where Works are taking place.
6. DRAINAGE WORK
6.1 The Client agrees to carry out all necessary checks and obtain relevant permissions with the Water Board and/or their water supplier prior to the Contractor carrying out any drainage works.
6.2 The Contractor will not be held responsible for any issues which may arise with the existing drainage system after new drainage has been installed or connected to the existing drainage system.
7. DELAYS OR DISRUPTION
7.1 The Contractor will endeavour to complete the Works within a reasonable time frame or by a specified date, if pre-agreed. Under no circumstance will the Contractor incur any liabilities to the Client for any delay arising from force majeure, adverse weather conditions or events beyond their reasonable control such as staff illness or absence.
7.2 Staff shortages or adverse weather conditions including snow, frost, extreme rain, excessive heat or drought may cause a delay to the proposed Start Date or completion of the Works. The Contractor will always inform the Client at the earliest opportunity of any such delay.
7.3 Delays caused by third-parties working at the Site who are not sub-contracted/employed by the Contractor will result in charges to the Client to recover business losses/costs incurred by the Contractor as a result of such delays.
8. MATERIALS
8.1 Materials delivered to the Site become the responsibility of the Client. The Contractor accepts no responsibility for loss, theft or damage after delivery of the materials to the Site. Any additional materials required to carry out the Works following damage, loss or theft will be at the Client’s expense.
8.2 Any materials excess to the Contractor’s requirements will remain the property of and be removable by the Contractor, who will have the right to enter the Site for that purpose.
9. SUPPLY OF PRODUCTS & LIVING MATTER
9.1 All products including living matter such as plants and turf provided by the Contractor to the Client are provided on the understanding that:
(a) no warranty is given or implied as to the quality or suitability of products supplied by the Contractor to the Client
(b) plants are a living, perishable product and will deteriorate in quality if not provided with appropriate care
(c) the Client will provide adequate levels of care (including water) from the point of delivery to maintain the quality of the plant/s and promote healthy growth and establishment
(d) any plants, hanging baskets, shrubs or trees purchased for the Client, or delivered to the Site, cannot be exchanged or returned
9.2 The Contractor is not responsible for the well-being and maintenance of living plant material including turf, shrubs, trees, plants or hanging baskets once supplied or installed. It is the Client’s responsibility to care for living matter of this nature once Works have been completed.
10. ACCIDENTAL / WEATHER DAMAGE
10.1 After completion of the Works the Contractor accepts no responsibility for any damage to materials (including soft landscaping products) including but not limited to, damage caused by adverse weather such as drought, wind, rain or frost. This includes freeze-thaw occurring in the cement/pointing of brickwork, patios and paving and efflorescence in brick work or patio stone.
10.2 The Contractor accepts no responsibility for accidental damage caused to materials or Works (ongoing or completed) caused by the Client, their associates or anyone on the Site who has no connection to the Contractor.
10.3 The Contractor will replace / repair any accidental damage caused to the Client’s property or materials in the event such damage is caused solely by the Contractor.
10.4 The Contractor will be free from any liabilities, structural or accidental, when using machinery except for incidents caused by improper use of the same.
11. AFTER CARE / SNAGGING ISSUES
11.1 In the event the Client is not fully satisfied with any part of the Contractor’s work, the Client will inform the Contractor at the earliest opportunity.
11.2 The Contractor will offer a 14-day period for the Client to report any snagging / issues with the Works carried out. After this period the Contractor is not obliged to carry out further work.
11.3 The Contractor will endeavour to deal with any after care / snagging issues in a timely manner and to the Client’s satisfaction, providing the issues raised are deemed to be reasonable and within the scope of work provided for in the Quotation.
12. PHOTOGRAPHS/VIDEOS
12.1 The Contractor may photograph and/or video Works on the Site as a record of work carried out. Such photographs/videos may also be used by the Contractor for marketing purposes on their website and social media platforms, unless the Client explicitly requests that the Contractor does not use such images for this purpose. All photographs / videos are the property of the Contractor, including any sent by the Client to the Contractor relating to the Works.
13. CANCELLATION OF CONTRACT
13.1 The Client must give 30 days’ notice prior to the Start Date of Works if they wish to cancel the Contract, initially by telephone and subsequently in writing via e-mail to mwdlandscapes@gmail.com
13.2 Any unrecoverable costs incurred by the Contractor in respect of commitments made for materials and others during the 30-day period before the Start Date will be charged in full to the Client.