Stonemason Landscapes

Romford - Gidea Park - Hornchurch - Upminster - Brentwood

TERMS & CONDITIONS CONTRACT

TERMS & CONDITIONS

These Terms and Conditions shall apply to and are incorporated in any Quotation and shall be deemed to apply unless expressly modified or excluded in writing by Stonemason Landscapes (hereby known as The Contractor). These Terms and Conditions have been written to produce a transparent transaction, bound by a contract, to protect both parties.

1. DEFINITIONS

1.1 The definitions and rules of interpretation in this clause shall apply in these Terms and Conditions.

1.2 Start Date is the date that The Contractor shall start The Client’s work. The start date will be agreed between The Contractor and The Client.

1.3 The Contractor means Stonemason Landscapes.

1.4 The Client means the person, firm or company who enters into a Contract with The Contractor for the provision of landscaping/garden maintenance works.

1.5 Intellectual Property means the plans, drawings and quotations submitted by The Contractor (whether before or after the making of the contract).

1.6 Site means the location where the works are to be performed by The Contractor.

1.7 Quotation means the documents including detailed plans and/or drawings describing the Works provided by The Contractor.

1.8 Works means the work to be carried out by The Contractor under the contract as set out in the Quotation together with any other services which The Contractor agrees to provide to The Client.

1.9 Paragraph headings shall not affect the interpretation of these conditions.

1.10 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 assigns.

1.11 Words in the singular shall include the plural and vice versa.

2. QUOTATION

2.1 The quotation price is valid for 30 days from the date shown on the quotation. After thirty days the quotation will lapse. If you wish to proceed with your quotation you must let us know before the 30 day period expires.

2.2 The quotation is based on conditions known and divulged by The Client at the time of The Contractor viewing the proposed work.

2.3 The Client will pay any costs related to extra works, or costs due to unknown difficulties or changes, which were not explained at the time of viewing and that have therefore not been noted or quoted for within the Quotation.

2.4 The Contractor reserves the right to increase the quotation price with prior notification to the client. This will only relate to factors outside of Stonemason Landscapes control, leading to a price increase. Examples are – Raw materials increase, fuel price increase, and minimum wage rate increases.

2.5 Any special conditions, of which The Contractor has been informed will be noted in the quotation i.e. access issues or neighbour disputes.

2.6 It is the responsibility of The Client to ensure The Contractor is made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.

2.7 The Contractor accepts no responsibility for works that have been carried out on land that is not under the ownership of The Client. It is assumed that all planning laws or regulations have been applied before the commencement of any works.

3. SCOPE OF WORK

3.1 The Contractor shall carry out and complete the landscape work/maintenance work described in the quotation/contract document in a professional manner. The Contractor shall have no obligation to execute any further work unless agreed in writing between the parties of The Contract.

4. LANDSCAPING WORK

4.1 The landscaping work or service is as described to the client in the form of a formal typed Quotation/Contract. If The Client accepts the Quotation price The Client will be asked to sign and return a copy of their Quotation which then forms a legally binding Contract between the client and The Contractor.

4.2 Landscaping work or provision of materials will not take place until The Client signs and returns a Stonemason Landscapes Quotation/Contract. This will then act as a legally binding document between The Client and The Contractor.

4.3 The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.

5. THE SITE

5.1 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 or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing to The Contractor prior to the submission date of the quotation. The Contractor shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.

5.2 Timely possession of the site and proper and adequate access to it must be made available by The Client to The Contractor to enable the work to be carried out in a regular and economic manner, if the client cannot be present for the commence of work then keys must be made available for The Contractors access and use of water or electricity.

5.3 The Client will provide access to water and electricity, wherever possible for use by The Contractor whilst carrying out the agreed work. If water and electricity cannot be obtained at the site The Client must make The Contractor Aware prior to signing any contracts, stored water and electricity can be supplied by The Contractor, The provisions of these services and facilities shall be at the sole cost of The Client.

5.4 The Client shall be responsible for ensuring the safety of their children, family members, pets, animals, and visitors at all times whilst work is being carried out on their premises, non-Stonemason Landscapes personnel are not permitted to use the work area during the course of installations and work.
The Client, The Clients family and guests are not permitted to walk on any paving, brickwork or turf that has been laid by The Contractor until work is complete unless otherwise agreed.

5.5 The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use of machinery.

5.6 Pets are not to use the site once work has commenced, The Site must be kept clean and sanitised each day. The Client will remove and dispose of any pet waste before work begins and upon each incident thereafter or The Contractor will remove and sanitise The Site at a charge to The Client upon each incident.
Dogs or any pets are not permitted to walk or foul on any paving, brickwork or turf that has been laid by The Contractor until work is complete.

**** (Persistent breaches of this clause will jeopardise the contract until there is an understanding of the importance of a clean and sanitised work space.) ****

5.7 The Client will move any garden furniture/children’s play equipment/ garden plant pots prior to work commencing unless otherwise agreed prior to signing any contracts.

5.8 Multiple vehicles will be required to be present at the site whilst work commences, this is essential for the work to proceed and for the team to operate efficiently, If any vehicles related to your project cannot be parked on your private property these vehicles will be parked in the nearest space to the site on public property, any parking tickets incurred from the sites local authority will be at the sole cost to the client and applied to the final bill.

5.9 Waste management is required for most projects this will mean a skip must be present and close enough for waste to be quickly and efficiently disposed of, If a skip cannot be left on the property then one must be left in the road, this will require a permit from the local authorities at the sole cost to the client and applied to the final bill if not included in the original quote.

6.0 Delivery of materials to the site may need to be left in the road if there is not enough space at the site, this will require a permit from the local authorities at the sole cost to the client and will be applied to the final bill if not included in the original quote.

6. QUOTATION/CONTRACT

6.1 Hard/soft landscaping/garden maintenance Quotations are not open to negotiation.

6.2 Only landscaping work detailed in the signed Quotation/Contract will be carried out by The Contractor.

6.3 The Quotation/Contract is a detailed, accurate description of discussions plans and work that have been agreed by The Client and The Contractor.

6.4 All work will be carried out by The Contractor.

6.5 The Client shall provide access to the site during The Contractors normal working hours Monday, Tuesday, Thursday & Friday 8.00 am until 4.00 pm, The Client shall also provide storage space for materials and machinery during The Contract.

7. MATERIALS

7.1 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 work site for any reason.

7.2 All materials brought to the site which prove to be in excess to The Contractor’s 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.

7.3 The Contractor shall not be liable for any loss or theft of materials from the site. Any additional materials required following damage, loss, or theft shall be at The Client’s expense.

8. SUPPLY OF PRODUCTS

8.1 All products including living products are sold on the understanding of the following:

(a) No warranty is given or implied by law as to the quality or suitability of products supplied by the company, except as stated in writing by the company.

(b) The Client fully understands that plants are a living material and therefore an ever changing product.

(c) The Client fully understands that plants are a perishable product and will deteriorate in quality if not provided with the appropriate aftercare.

(d) The Client will provide adequate levels of water from the point of delivery to maintain the quality of the plant(s) and promote healthy growth and establishment. If the client cannot provide water on site, stored water can be supplied by The Contractor at a premium to The Client.

9. PAYMENT

9.1 All accounts/invoices/bills are payable upon the day of completion. Interest will be charged from the due date of payment on all invoices at 5% above The Contractor’s Banker’s Base Lending Rate per annum until actual payment is received/clears.

9.2 Garden Maintenance Contracts should also always be paid in full on the day of completion or the same terms will apply.

9.3 Payments should be made either by Debit/Credit Card or with Cash. You will always receive an immediate receipt with a card payment or a receipt via e-mail for any Cash payments made.

9.4 The Contractor does not accept Cheques or Bank Transfer.

10. DEPOSITS

10.1 A 45% deposit on services over £500 will be required to secure and guarantee a work date in our diary. We will not hold work dates without a deposit.

10.2 The remaining 55% balance is payable upon the day of completion of your landscaping project and no later.

10.3 A deposit of more than 45% will be requested if the materials chosen for your landscaping project exceed 40% of the entire job.

11. LANDSCAPING JOBS EXCEEDING A TWO WEEK PERIOD

11.1 Stage payments will be made by The Client against works completed/materials on-site to be made at biweekly intervals.

11.2 Final balance payment to be made on the day of completion.

12. SOFT LANDSCAPING/ LIVING MATTER

12.1 The Contractor is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, shrubs, trees, plants, door wreaths or hanging baskets following delivery/practical substantial completion.

12.2 It is The Clients’ responsibility to water/feed turf, plants and trees, hanging baskets, and newly planted shrubs/trees as soon as they are on The Client’s premises.

12.3 Any plants, hanging baskets, shrubs, trees purchased, or delivered to the site cannot be exchanged or returned for any reason.

13. ACCIDENTAL/WEATHER DAMAGE

13.1 After practical substantial completion, The Contractor is not able to accept responsibility for any damage to hard or soft landscaping for example: Through the elements, including drought, winds, rain, and frost to any material(s) including plants. This includes freeze-thaw action occurring in the cement work of brickwork, patios, and paving creating cracks and breakages, or efflorescence in brick work and patio stone where salts in the material rises and coats the surface or deposited by rain, this is a natural occurrence.

13.2 Accidental damage caused by The Client, client’s family/friends, or via a third-party who has no connection to Stonemason Landscapes to materials or completed projects will not be covered by The Contractor in any circumstances.

13.3 If The Contractor accidentally breaks/damages your property or materials they will replace the item/s or fix the problem.

14. DELAYS OR DISRUPTION

14.1 The Contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall The Contractor incur any liability to The Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond their reasonable control.

14.2 Weather conditions, including snow, hard frost, extreme rain, excessive heat or drought may cause the delay of a start or completion date of a Contract. The Contractor will always inform you at the earliest of any such expected delays.

14.3 Staff illness/death of family members may cause unavoidable delays to landscaping projects. If a member of our team has an illness or is off work due to an extenuating circumstance that are beyond their control this is going to affect a start or end date of a project. You will be informed as soon as is practically possible. The Contractor will always endeavour to start and complete The Client’s landscaping jobs on schedule.

14.4 Delays caused by companies working on-site that have not been contracted/employed by The Contractor will result in charges to The Client to recover business losses/costs.

14.5 The Contractor will always inform you as soon as it is practically possible if we need to alter your landscaping start or completion date for any reason.

15. PHOTOGRAPHS/VIDEOS

15.1 The Contractor will photograph and video landscaping and garden maintenance work before, after and sometimes during work. These photographs/videos may be used on our website, social media and general marketing materials. Photographs and videos are used to advertise our business and our work. All photographs are the property of The Contractor.

15.2 The Contractor reserves the right to publish photographs/videos of our hard/soft landscaping and garden maintenance work on our business website www.stonemasonlandscapes.co.uk (.uk & .com) our Facebook business page and other social media.

15.3 All photographs sent to Stonemason Landscapes will become the property of The Contractor and may be used on our website or social media platforms.

16. ADDITIONAL WORK

16.1 Work that is not included within the original Quotation/s and that is later requested by The Client, or The Client’s representative will be treated as additional works. The Contractor will always try to carry out any additional work you request at the same time as an ongoing project, however, sometimes especially when The Contractor is very busy, this may not be possible. In this instance, a separate work date will need to be agreed upon.

16.2 The Contractor will provide detailed costs of additional work for The Client’s consideration in the form of a Quotation. Once costs have been agreed in writing and a deposit received, The Contractor will be happy to undertake the extra landscaping work requested.

17. MACHINERY, TOOLS AND FUEL

17.1 Unless clearly specified by The Client, The Contractor will provide machinery, tools, and fuel to undertake works that are detailed in the Quotation/Contract or work schedule/garden maintenance contract.

18. CANCELLATION OF CONTRACTS

18.1 The Client must give 30 days notice prior to the work ‘start date’ if they wish to cancel the proposed landscaping project. These 30 days include Saturdays and Sundays.

18.2 Any unrecoverable costs incurred in respect of commitments made for materials during that period will be charged in full to The Client.

18.3 For cancellations that do not give The Contractor 30 days notice prior to your start date 50% of all agreed fee rates will be charged. In addition, any materials that have been purchased on behalf of The Client, or any other unrecoverable costs in respect of commitments made during that period e.g. Machine hire contracts will be charged to The Client. The Contractor will also retain any deposits paid to cover their losses.

18.4 Notice of cancellation must be made as soon as possible by The Client, initially by telephone, and then supported by written confirmation sent by Royal Mail registered post, or via e-mail to stonemasonlandscapes@gmail.com

IMPORT INFORMATION

Stonemason Landscapes is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions, or services not made known to us in writing or apparent on visual inspection.
Stonemason Landscapes is not able to accept responsibility for any of The Clients’ electrical appliances that may be unplugged/switched off during the working day for the purpose of using The Client’s power source or for safety reasons.
It is The Client’s full responsibility to ensure that any electrical equipment, i.e fridges, freezers, cookers, lights, clocks, etc. are all plugged back into their sockets and switched on during or at the end of any working day, or during the landscaping contract.
If neighbour disputes prevent/delay any of The Contractor’s staff from carrying out agreed work, The Client will be charged for The Contractor’s lost time. This will involve The Contractor retaining your initial 45% deposit to cover business costs. Please ensure we are made aware of any issues which may arise.
Please do not engage in chit-chat with our landscaping/maintenance team when they are working. Our team will be using professional/heavy/ potentially dangerous machinery they need to fully concentrate. They also will be adhering to a carefully planned work schedule. It is important that they pay full attention to any task for theirs and your safety. It is vital that our team utilise their time effectively to keep your job on schedule too.

PUBLIC LIABILITY INSURANCE

The Contractor has full Public Liability Insurance. If you would like to view our Public Liability Insurance please ask.

1. TERMS & CONDITIONS FOR GARDEN MAINTENANCE CONTRACTS

Stonemason Landscapes runs a very busy, carefully managed garden maintenance service throughout the year from February until December. This may involve us visiting The Client’s property weekly/bi-weekly/monthly the choice is yours.

1.1 The Client shall commit to the days and dates arranged with The Contractor for the period of their contract.

1.2 The Contractor reserves the right to refuse/withdraw our maintenance services at any time during your contract with us

1.3 Clients who abuse our maintenance routines by being absent from their property when The Contractor visits will be withdrawn from our services permanently. Any advance payment will be retained to cover our loss of earnings.

1.4 The Client has the right to alter/cancel their garden maintenance contract with us at any time in writing. You must give us at least fourteen days’ notice of any changes in your plans so that we can reorganize our work schedule accordingly. A full refund of The Client’s advance payment will be made.

1.5 Clients who cancel scheduled visits, then leave long periods between their next appointment with Stonemason Landscapes can expect our rate to increase upon our next visit to their property- If your garden is not regularly maintained, lawns, hedges, shrubs, and plants will become overgrown, this will create more work and more waste for Stonemason Landscapes to dispose of. In these instances, The Contractor will re-quote your maintenance price as a one-off job, then continue with the previous rate if the garden is again regularly maintained i.e. weekly/bi-weekly or monthly.

1.6 The Client agrees to remove dog/cat waste/hazardous waste/litter from any areas The Contractor will be working in prior to our visit.

1.7 It is The Client’s responsibility to ensure any children’s play equipment or other garden furniture/obstacles are moved off the area you wish The Contractor to work on.

1.8 For your own and our safety please ensure that your pets/young children are kept indoors whilst we are working on your property.

2. STUMP REMOVAL

2.1 The Client shall remove any breakables from the area in which we are working.

2.2 The Client understands that grinding out of tree stumps causes mess and may flatten/damage plants that are growing in the vicinity the Contractor/s is/are working in.

2.3 The Contractor will always tidy the area where they have been working to the best of their ability, however, you will always be left with slight evidence that a tree stump has been ground out.

2.4 The Client shall remain indoors whilst The Contractor is working, this is for the client’s safety.

3. DISPOSAL OF GREEN WASTE

3.1 Stonemason Landscapes does not have a waste licence and is not insured to carry Green Waste as we do not offer this service, Green waste will remain the responsibility of The Client unless it is pre-agreed that Stonemason Landscapes will arrange waste management i.e. a skip.

4. DELAYS OR DISRUPTION

4.1 The Contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall The Contractor incur any liability to The Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond his reasonable control.

5. GARDEN MAINTENANCE STAFF & LANDSCAPERS

5.1 The Contractor understands that Clients grow accustomed to a particular operative visiting and tending to their gardens, while we will endeavour to send the same operative each time this is not always possible and cannot be guaranteed. All of our staff are all fully trained, skilled professionals.

5.2 Your visiting landscaper will be adhering to strict deadlines and timings, if you would like a particular task carrying out on a visit please ensure we know this in advance

5.3 Your contractor will not carry out extra work free of charge. We are always happy to include a new garden task for you upon our next visit, although a fee will be incurred for any extra time spent at your property.

5.4 Please try not to engage in chit-chat with our team when they are working, they will be using professional machinery and it is important that they pay full attention to the task in hand for theirs and your safety.

Stonemason Landscapes appreciate your valued business and we look forward to providing you with quality, professional landscaping, and Garden Maintenance services.

6. CUSTOMER CARE POLICY

6.1 Stonemason Landscapes is proud of the value, quality, and dependability of the services it provides.

6.2 If The Client is not fully satisfied with any part of our service, then please inform us in writing.

6.3 We treat our client’s concerns and comments as constructive and positive feedback and can only improve our services if informed of any shortcomings.

6.4 If there is a concern in regard to any aspect of the services we are contracted to undertake, the client must inform The Contractor immediately in writing.

6.5 The Contractor guarantees to investigate and respond to your concerns within 14 working days.

7. GARDEN DRAINAGE WORK

7.1 The Client agrees to make all the necessary checks with the Water Board prior to The Contractor carrying out any drainage works.

7.2 The Contractor assumes that The Client has acquired the relevant permission from The Water board for any drainage works carried out.

7.3 The Contractor cannot be held responsible for any issues which may arise with the existing drainage system after new drainage has been installed or connected to your existing drainage system.

7.4. It is The Client’s full responsibility to contact their Water supplier to gain permission for any drainage works to be completed. By signing your quotation/contract you are agreeing that you have been granted permission for drainage works to be carried out and linked to your property’s existing drains by your service provider.

Stonemason Landscapes reserve the right to change these terms and conditions at any time.

Law: Stonemason Landscapes terms and conditions shall be subject to the Laws of England & Wales, and the client agrees to be bound by the exclusive jurisdiction of these courts.

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