Standard Terms and Conditions for Landscaping and Design Works
These are our standard terms and conditions for landscaping and design works carried out under contract. Should you choose to go ahead with our services, job specific terms may be added. Contact us if you wish to obtain a copy.
1. 'fxwd' 'Us' 'We' mean Foxwood Driveways & Landscapes (hereafter Foxwood); ‘the Client’, ‘You’, means the person or persons who request us to carry out work, being liable to pay our fees jointly and severally.
'Project’, ‘Works’, mean all design work and hard and soft landscaping, including preparation, construction and planting work.
‘Quotation’, ‘Contract’, ‘Proposal’ mean the written documents sent to the client which incorporate these Terms & Conditions.
2. All work undertaken will be discussed and agreed prior to the start date and all work will be completed from the original design by Foxwood unless otherwise agreed.
2a. The client is protected by Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
You have 14 days from entering into a service contract in which you can cancel it.
Foxwood will not start providing the service before the 14 day cancellation period has ended, unless the client agrees this. If the client requests service starts before this cancellation period, the client will still have the right to cancel, but must pay for the value of the service that is provided up to the point of cancellation not including non-refundable deposit. If the service is provided in full within 14 days, the right to cancel is lost.
See http://www.legislation.gov.uk/uksi/2013/3134/contents/made for more information.
3. The estimate/original price for work includes all materials and labour where stated from original design.
4. The client shall provide water and electricity, if needed, at no charge to Foxwood.
5. The client shall provide access to site and storage space for materials at all times during the works progress and during Foxwood's working hours. Our working hours are typically 08:00-17:00. Please allow travel time to and from our own site.
6. Foxwood is not able to accept responsibility for damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.
6a. All reasonable effort is made to avoid damage and wear to degradable elements (such as turf and plants), and cannot guarantee zero wear, tear or degradation of degradable and organic elements due to adverse weather, access or working environments.
7. The client will be responsible for all payments to Foxwood, unless otherwise notified in writing prior to commencement.
8. The total amount for the project is an estimation unless otherwise stated. Clients understand that the prices outlined are subject to change as the project progresses to reflect a greater level of detail about required resources, scope, or timelines.
9. For work where we have quoted from square metres, such as artificial grass, a £75 fee may apply for a site visit, which is deductible from the total cost.
Projects under £20,000 (Please see your estimate for project terms for over £20,000)
10. Once you have agreed to book in a project with us we can ask for a payment of £500 to secure a date if the project will commence more than 2 months from the date that works are agreed. Any bespoke items are exempt, a larger deposit payment may be required.
11. A mobilisation payment (normally 50%, not exceeding 80% of total) is payable from one month before project commencement.
The mobilisation payment used to purchase material necessary for the construction of the work/arrange disposal or hire machinery.
12. A final payment of the balance is to be made following practical substantial completion and is payable immediately. (This is usually the remaining 50% minus any booking fee or site visit fee previously paid.)
13. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
Payment methods currently are cash or BACS (Internet bank transfer)
14. The work is substantially complete when all items described in this contract have been constructed, installed or disposed of (if this is agreed in the estimate) Substantial completion shall not include adjustment, repair, replacement or cleaning of any item so constructed or installed after final inspection. Requests for adjustment, repair, replacement or cleaning of any constructed or installed item shall not be the cause for delay of final payment, but rather shall be considered warranty items.
Alterations or Changes
15. Any addition and/or alterations to the schedule/project shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes.
16. If the client adds extra work to the planned landscape project then this will be chargeable. If the measurements given for the garden, by the client, are incorrect, any extra labour and materials will be noted and charged to the client.
17. If the client decides to suspend, cancel, or otherwise alter the schedule of the work beyond the agreed or estimated completion date, they are liable for labour and materials cost up until the point the project being halted.
18. Any quoted price to remain fixed until the end of agreed period, this period will not elapse before 3 months from agreed project commencement. Acceptance before that date will ensure no increase in the cost of the work specified. Any special conditions are noted in the quotation or estimate.
19. All, or any special conditions, of which Foxwood has been informed are noted in the quotation or estimate.
20. We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion. If necessary we reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.
21. After practical substantial completion, we are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any material(s) including plants.
22. Efflorescence; As a naturally occurring phenomenon, efflorescence may happen for a period of time on certain paving blocks, sandstone, limestone and grouts. Such instances will gradually disappear with natural weathering. Responsibility cannot be accepted for its occurrence.
23. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established. Great care is taken to remove all weeds/roots from the site when being prepared; Foxwood cannot accept responsibility for subsequent growth on completion of the project.
24. It is the sole responsibility of the Client to ensure we are made aware of any special/statutory bylaws/conditions/permissions that may be involved.
24. We accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.
26. Severe weather conditions, including drought, may cause the delay of the start date of the contract. This will not affect the original, agreed price.
27. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
28. All materials surplus to the work will remain the property of the contractor and will be removed from site upon completion. If the client would like to keep any surplus materials then a charge will apply for each item.
29. The contract contains the entire understanding and agreement between the parties with respect to the work and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. No oral promises or agreements are a part of this contract.
30. We will be entitled to suspend performance of, or terminate the contract if the client fails to pay any sum due to us, in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt, in which case we shall be entitled to payment for all the work carried out and for all goods supplied to the date of the termination or suspension of the contract, and to
retain any deposit or interim payment made towards this.
31. Maintenance is not included in the contract unless specified. Please let us know if you would like a separate quote for regular maintenance.
32. We shall not be liable for any defects arising from the client’s own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal or other abuse or damage caused by the client.
33. Cancellation of work not commenced within 3 working days of scheduled start of work, but after the completion of the refund period outlined by Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will be subject to a charge of 25% of the quoted price, plus consumables already purchased and delivered and any restocking fees on returnable items. If the original price included a mobilisation deposit, this amount will be non-refundable, as materials would have already been purchased.
34. If you accept the proposal we reserve the right to use photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information.
35. All sketches, designs, concepts, plans and documents prepared by us are the intellectual property of Foxwood and subject to copyright which remains ours notwithstanding the payment in full for the Design Services.
36. Errors and omissions excepted.
Vouchers and Promotions
37. From time to time we may offer discounts via email or the internet. Any discount we offer will be applied to the pre-VAT price.