TERMS & CONDITIONS 2024
1. Acceptance of the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed) means that the Client has read and understood the terms
and conditions set out below. Any queries should be clarified before the job specification and associated costings (referred to here as The Contract) are accepted and The Works (the work referred to in The Contract) have begun.
2. No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing.
3. A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract. All costs are subject to Vat @ the current rate. Additional labour and materials shall be quoted for and agreed to, before these added works are undertaken.
4. We ask that the Client ensures there is adequate access to the Site (to the best of their ability) e.g. that all vehicles and other obstacles are removed, that gates, doorways and passageways are clear of obstruction and unlocked, that neighbours are notified where access is required to carry out the work. If the works cannot be carried out the team may leave the site and you may still be charged.
5. The Client should inform E&H Landscapers Ltd regarding any (known) covered wells, cavities, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or
obstructions except those which are reasonably apparent.
6. Should additional work arise due to unknown or undisclosed structures such as those outlined in clause 5 above, then E&H Landscapers Ltd may be required to add additional labour/Sub-Contract the project or
extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the client before proceeding further.
7. The Client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regard to the Works unless request has by made to E&H Landscapers Ltd to carry this out on your/the client’s behalf. You/the Client shall indemnify E&H Landscapers Ltd against any claim/proceedings/loss or expense resulting from you/the Client failing to gain permissions/give notices/pay fees required in whole or in part. E&H Landscapers Ltd will agree with the client, where appropriate, permissions that they will seek on behalf of the Client.
8. Our terms of trading:
A: Landscaping Works Under £30k; a deposit of 50% of the agreed Contract sum is requested on agreement and signing of The Contract. 50% is requested with the balance payable on fulfilment of The Contract.
Invoicing and payment for any additional costs agreed will take place at an appropriate stage of The Works to be agreed between you/the client and E&H Landscapers. All invoices are payable on receipt.
B: Landscaping Works Above £30k; a deposit of 30% of the agreed Contract sum is requested on agreement and signing of The Contract. Further instalments of 20% will become payable at midway points (these
will be determined by the project timeline). The final balance will become payable on fulfilment of The Contract. Invoicing and payment for any additional costs agreed will take place at an appropriate stage of The Works to be agreed between you/the client and E&H Landscapers. All invoices are payable on receipt.
9. E&H Landscapers Ltd shall have lien on all goods and materials remaining on site until full payment of all monies have been made. The company shall have free access to enter the site to remove such goods and
materials.
10. E&H Landscapers hereby excludes liability to the Client for any loss, cost or damage of any kind arising out of or as a consequence of its failure to perform or complete the Works by reason of matters beyond E&H Landscapers Ltd control and which it could not have reasonably foreseen at the date of the Contract.
11. Any concerns or complaints after the Works have been finished should be given to E&H Landscapers Ltd within 7 days of completion of Works.
12. E&H Landscapers Ltd cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions.
13. E&H Landscapers Ltd cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work
commencing.
14. Planting and turfing. Separate watering and plant/turf care guides are sent to you/the Client on completion of The Works. It is the responsibility of the Client to carry out this care in accordance with these guides and no responsibility for plants and turf will be taken by E&H Landscapers once the Works have been completed. The plants we use have no specific guarantee from our suppliers once they leave their nurseries.
15. E&H Landscapers will agree appropriate material and installation guarantees for specific Works at yours/the client’s request. However we do not have a standard set of terms of guarantee due to the nature our work. Specific guarantees set out above shall not exceed more than 12 months from the completion date. E&H Landscapers shall not be liable for any issue that arise more than 12 months from the completion date.
16. Quotes are valid for 30 days from date of issue only.
17. Late payment of invoices for completed works, beyond 14 days will be subject to a 5% monthly interest charge (on all outstanding amounts). E&H Landscapers Ltd, once written/email agreement (as per Point 2) has
been received, we/HP Landscapes reserve the right to enforce late payment charges in accordance with our
terms and conditions.