TERMS AND CONDITIONS
We will endeavor to provide the highest standard of works for our clients. The clients needs are at the forefront of our working practices including ensuring we promote the health and safety of our employees and clients with the highest regard. We will ensure the team at Butt's Landscapes employ a helpful attitude at all times and will always attempt to bring the landscaping works to a satisfactory conclusion as soon as possible taking into account weather conditions and availability of specialist materials and unforeseen circumstances etc.
It is our priority to ensure the client is 100% satisfied with the completed works prior when they are complete. We provide a rectification period of 6 months from the date of completion of works where if reported, we will return and determine whether these are rectification issues or maintenance issues. If there are works to be rectified which have been raised during this 6 month period, the team will carry out the necessary works and/ or make good any minor faults. Please note, we cannot rectify or be responsible for any works which have been tampered with.
After a site visit and discussion between Butt's Landscapes and the client with regards to the on the works required, an estimate will be emailed to you detailing the works and costings. Please see below terms and conditions with regards to the estimate which you will receive. Once the client has accepted the estimate, a date for the commencement of works can be decided along with a deposit of £100 (if the works are due in over 1 months time) in order to secure the preferred date.
These definitions apply in these terms and conditions.
Commencement Date means the date that the Contractor shall commence work as may be agreed between the Contractor and the Client from time to time.
The quotation for the works is valid for 30 days
Completion Date means the date the Works are intended to be completed as agreed between the parties from time to time.
Contractor means the contractor supplying the Quotation to which these terms and conditions apply.
Client means the person, firm or company who enters into a contract with the Contractor for the provision of landscaping works.
Intellectual Property means the plans, drawing and Specifications submitted by the Contractor, whether before or after the making of the contract.
Quotation means the written estimate provided by the Contractor for the completion of the Works.
Site means the location where the works are to be performed by the Contractor.
Specification means the documents including detailed plans and/or drawings describing the Works provided by the Contractor.
Works means the work to be carried out by the Contractor under the contract as set out in the Specification together with any other services which the Contractor agrees to provide to the Client.
Words in the singular shall include the plural and vice versa. 2.
2.1 The contractor shall carry out and complete the landscape work described in the quotation and/or contract documents in a good and workmanlike manner. The Contractor shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and drawing, the description contained in the specification shall prevail over the drawing.
2.2 The client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements. The Client must produce copies of all relevant approvals to the Contractor prior to the Commencement Date. If not produced, work should not commence. If work is commenced without the relevant approvals that will be a waiver of the Contractor’s right to cease to work until the approvals are provided to the Contractor.
2.3 These Conditions shall be deemed to be incorporated into any contract between the Client and the Contractor and shall take precedence over any other terms and conditions (unless identified and agreed in writing by the Client/Contractor, and any deletion, substitution or amendment to these terms shall not take place unless agreed in writing by the Contractor and the Client.
2.4 If there is any inconsistency between the drawings and/or plans and any description of the works in the Specification, the latter shall prevail.
2.5 Should any inconsistencies be found between the quotation and/or contract documents, these are to be highlighted and a revised price agreed prior to the Commencement Date. If any such inconsistency comes to light after the Commencement Date the Contractor shall be entitled to be paid a reasonable sum for any extra work or cost thereby incurred.
3.1 A quotation shall remain open for acceptance within thirty days of the date shown and thereafter lapses automatically.
4.1 Variations to the works as described will only be undertaken upon instructions given in writing by the Client to the Contractor. It should be noted that site personnel have no authority to alter the contract in anyway. The price of any additional work, properly treated as a variation, will be based upon costs prevailing at the date of the instruction
5. CONTRACT SUM
5.1 If the Client accepts the Quotation in writing within the period stipulated in these terms, the price contained in the Quotation shall become the ‘Contract Sum’ except as expressly provided in these terms. A binding contract will come into existence when the Client accepts the Quotation in writing.
5.2 The Client may issue to the Contractor reasonable instructions to vary and modify the quality and quantity of the works. All instructions given by the Client must be given in writing. The Contractor is not under an obligation to carry out a verbal instruction until it is confirmed in writing, except in the case of an instruction being issued by the Client in an emergency e.g. health and safety matters. All instructions issued in an emergency shall be confirmed in writing within 3 days and the Contractor shall be entitled to be paid for work properly carried out in accordance with any such instruction.
5.3 If the variation will alter the cost of carrying out the Works, the Contractor will provide a written Quotation and cost breakdown for the cost of carrying out the variation and the effect it will have on the Completion Date. The Client and the Contractor will agree an adjustment to the Contract Sum in writing. If the Client receives the amended Quotation and wishes to proceed, the Client shall confirm his instruction to proceed in writing, accepting the new Quotation and the extended Completion Date. Where any additional or substituted work is of a similar nature to the Works, such works should be
valued to the cost breakdown set out in the Quotation. Otherwise such work shall be valued at fair rates and prices agreed prior to execution and any additional payment due to the Contractor or any extension to the Completion Date shall be added to the Contract Sum and Completion Date respectively.
6. RIGHT TO CANCEL
6.1 If this contract is made at a location which is not the usual place of business of the Company, you may have rights to cancel the same under the Consumer Contracts etc. Regulations 2013. Provided you have been supplied with a notice as prescribed by such Regulations (which, if applicable, should be attached to and is hereby incorporated in this contract document), such right to cancel will expire 14 days after receipt of the said notice.
7.1 The Contractor shall be entitled to receive interim payments at the intervals stated in the Quotation. If no valuation dates are stated or agreed the Contractor shall request payment for 50% of the quotation value to be paid on day of commencement. Thereafter, the Contractor shall request 50% balance, less securing deport of £200 on day of completion unless stipulated otherwise.
7.2 Where fortnightly payment periods apply the first interim payment shall not become due until 14 days after the Commencement Date, thereafter payment shall become due 3 days after receipt by the Client of the Contractors application.
7.3 Without prejudice to the Contractor’s other rights and remedies, if the Client shall fail to pay as provided in the above clauses, the Contractor shall be entitled to suspend Works after giving notice to the Client.
7.4 The Client shall pay to the Contractor any Value Added Tax properly chargeable on the supply to the Client of any goods and services under these terms.
7.5 Interest on all payments due from the Client to the Contractor shall accrue and be payable from the date when payment first becomes due on a daily basis until the date of actual payment at a rate equivalent to 4% over the base lending rate for the time being of Barclays Bank plc and shall accrue at such rate after as well as before any judgment. Any payment received from Th client shall first be allocated against any interest due whether or not claimed or invoiced.
8. THE SITE
8.1 The Client warrants 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 of former buildings or other 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 the date upon which the Contractor submits the quotation overleaf. If the Client breaches the above warranty the Contractor shall be entitled to make a reasonable charge for all additional work necessarily and properly executed by the Contractor as a result.
8.2 Adequate access to the site must be made available by the Client to the Contractor to enable the work to be carried out in a regular and economic manner.
9. DELAYS/ DISRUPTION
9.1 The Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time. the Contractor shall incur no liability however for any delays or non-performance arising from force majeure, weather conditions, strikes, lock-outs, pandemic, epidemic, war or other hostilities or any active event beyond his reasonable control in whole or in part.
10. COMMENCEMENTS, COMPLETION, DELAY AND DISRUPTION
10.1 The Client shall give to the Contractor full possession of the Site together with proper and adequate access to allow the Contractor to carry out and complete the Works and the Contractor shall commence the Works on Site on the Commencement Date. The Contractor shall take possession of the Site and commence the Works on the Commencement Date and shall proceed with due diligence and use reasonable endeavours to complete the Works by the Completion Date. If it becomes reasonably apparent to the Contractor that the progress of the Works is being delayed and/or the Works will not be completed by the Completion Date, the Contractor shall within 5 days of any event or occurrence giving rise to such delay notify the Client in writing of the cause and duration of such delay. The Completion Date will be extended by a fair and reasonable amount of time if the Contractor:
a) Has to spend extra time completing the Works because of variations made to the Specification.
b) The Works are delayed by any act or omission of the Client.
c) The Contractor cannot finish the Works on time for reasons beyond his control such as weather conditions, and/or variable Site conditions and/or any delay caused by the Client and/or late delivery of supplies to site. The Contractor shall be paid any reasonable additional costs incurred as a result of the Completion date being extended due to any events that may occur and such additional costs shall be added to the Contract Sum.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
10.3 Nothing in these terms limits or excludes the liability of the Contractor;
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Contractor.
10.4 Subject to clauses 10.3 the Contractor shall not be liable for:
(a) loss of use; or
(b) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses including loss of enjoyment and injury to feelings; or
(c) loss of profits or business. The Contractor’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising out of or in connection with the performance or contemplated performance of the contract shall be limited to the amount of monies actually received by the Contractor under the contract.
11. MATERIALS ON SITE
11.1 Materials delivered to site become the responsibility of the Client, and the Contractor accepts no responsibility for loss, damage or expense after delivery of the materials to site for any reason, including pilfering while materials are on site during the course of the contract works, where such losses are beyond the Contractors reasonable control.
11.2 All materials bought on site by the Contractor, which prove to be in excess of his requirements, shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose. Where any materials have been incorporated into the Works or the Site, the property in such materials and goods shall pass to the Client immediately upon their incorporation notwithstanding that the value of such materials and goods may not have been included in any interim payment or final payment or any payment received by the Contractor in respect thereof. Unfixed materials and goods delivered, placed on or adjacent to the Site and intended for use in connection with the Works shall remain the property of the Contractor until the value of such materials and goods have been included in any interim or final payment and the amount has been discharged whereupon such materials and goods shall become the property of the Client. The Client and the Contractor may agree payment for offsite materials and goods in which case such materials and goods shall become the property of the Client upon payment and shall be so identified.
11.3 The Intellectual Property submitted by the Contractor shall remain the property of the Contractor. It may not be used by the Client, nor reproduced or communicated to a third party without the Contractor’s express prior written consent.
12. MAINTENANCE AFTER COMPLETION
12.1 The Contractor undertakes to execute the basic requirements for the initial establishment of planting and grass areas, but, following the practical completion of the contract, the responsibility for proper maintenance of the site passes to the Client.
The Contractor guarantees that all plants and trees will be inherently healthy when supplied. Responsibility for loss after the first growing season cannot be accepted since site conditions are beyond the Contractors control. We offer an establishment guarantee of 3 months on all stock we have supplied and planted.
14.1 Subject to clause 14.2, the contract shall determine automatically upon the Completion of the Works in accordance with the Specification.
14.2 Without prejudice to its other rights and remedies, the Contractor may by written notice to the Client within 7 days determine its employment under the Contract by reason of any one or more of the following: a) Failure by the Client to observes the provisions of Clauses 7 to 11 inclusive ) The Client becoming insolvent or committing any act of bankruptcy or, being a company, making an arrangement with its creditors, or (other than for the purposes of amalgamation or reconstruction), the commencing of winding up proceeding or the appointment of a receiver and/or; Suspension of the Works, in whole or in part, for a period of 5 days, whether or not consecutive, due to any act, omission or default of the Client or anyone for whom the Client is responsible. Provided that the Contractor shall have stated the default alleged in a written notice and the Client shall have failed to rectify the default within 7 days of the date of such notice and provided further that the notice of determination shall not be given unreasonably or vexatiously. 18.3 The Contractor will be entitled to be paid by the Client for work properly carried out and/or materials supplied and materials ordered up to the date of determination of the Contractors employment under these Conditions and its loss of profit and overhead contribution calculated as 25% of the contract sum.
15.1 It is the Contractors policy to reduce unnecessary landfill and waste. Where possible, suitable materials will be recycled on site. This is no way effects the quality of work supplied but has a positive effect on the environment and in most cases offers savings on project costs.
16. EXCAVATION/FOUNDATIONS/ SPOIL
16.1 Where reasonable inspection of below ground conditions is not possible prior to quotation, the contractor reserves the right to make fair and reasonable charges for extra costs arising from poor underground conditions, obstructions or objects
17.1 Any dispute, question or difference arising under or in connection with this contract shall be subject to English Law and the jurisdiction of the English Courts.
17.2 Either party may at any time refer any dispute to adjudication in accordance with the Scheme referred to in the Housing Grants Construction, Regeneration Act 1996 and may apply to the RICS for the appointment of an adjudicator.
18.1 Each of the provisions of these conditions is separate and distinct from the others and if any of them is held by competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected. 18.2 The Client shall not assign, delegate or otherwise deal with any of his rights and obligations under the contract without the prior written consent of the Contractor.
18.3 The Contractor is entitled to assign its rights and conditions under the contract in whole or in part at any time.
18.4 This contract is made for the benefit of the parties to it and (where applicable) their successors in title and permitted assigns and is not intended to benefit or be enforceable by anyone else pursuant to the Contracts (Rights of Third Parties) Act 1999 or analogous legislation.
18.5. These terms, and any documents referred to herein, constitute the entire agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
18.6 The Client acknowledges that, in entering into this contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this contract or in the documents referred to in it.
18.7 The Client and the Contractor agree that all liability for and remedies in respect of any representations other than those expressly set out in this contract or the documents referred to in it are excluded (except always that nothing in this clause or elsewhere in these terms shall seek to limit liability for fraudulent misrepresentation(s)