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General Terms and Conditions

 

1.       Definitions

Contractor shall mean Stephen Charles Landscape and Contract Gardeners (hereafter referred to as Stephen Charles Landscapes), its subcontractors or any person acting on behalf of and with the full authority of Stephen Charles Landscapes. The Contractor’s business address is 8 Clifford Road, Petersham, Richmond, Surrey, TW10 7EA. We undertake work within a one hundred mile radius, sometimes more if circumstances warrant. Any person working on behalf of the Contractor is not authorised to make any statement or agreement that is not expressed by the Contractor in writing. Should such a statement be made it is an unauthorised statement and the Contractor shall not be bound by it. If you are not sure if someone has full authority, do not just assume they do, please ask us in writing.

Customer shall mean the person who is entitled to ask for Services in relation to the premises on which the Services are to be carried out. Proof of entitlement such as a utility Bill (for residential addresses), or proof of ownership or acting as agent (for commercial premises) may be requested. This shall be extended to all persons acting on behalf of the Customer. This shall be the person signing the contract.

Guarantor shall mean a person, persons or entity, who agrees to be liable for the debts of the Customer should the Customer be unable to pay his debts within the set time. This may not always be necessary.

Goods shall mean Goods and temporary or permanent structures, supplied by the Contractor to the Customer, as detailed on the original Estimate, on any amended Estimate and subsequent invoice/s. Goods shall be subject to the guarantee offered by the supplier. Any Goods not included in the original Estimate shall be charged for in addition to the original Estimate.

Services shall mean all Services provided to the Customer by the Contractor, as detailed on the original Estimate, on any amended Estimate and subsequent invoices/s. Any Services not included in the original Estimate shall be charged for in addition to the original Estimate.

Price shall mean the amount specified in the Estimate to be paid to the Contractor in consideration for his performance of the specified works. The Price shall include the cost of all Goods and Services, and any equipment hire as agreed between the Customer and the Contractor. Occasionally the Estimate Price and the Final Price will vary. This usually occurs where there have been supplier price increases and delivery costs, additional works, amendments and variations, and other such things which are outside the control of the Contractor.

The Site shall mean the premises upon which all Goods are to be delivered to and where subsequent Services are to be carried out.

2.       The Estimate

The Estimate is the Contractor’s offer to undertake the works described in the Estimate, and is subject to these Terms and Conditions. The Estimate is based on the Contractor’s visual inspection and assessment of the works required by the Customer.

The Estimate shall be valid for three months only, from the date of the Estimate. After this period it may be taken up but the Price may consequently vary.

The Estimate does not include any allowance for supplier price increases and delivery costs, additional works, amendments and variations, and other such things which are outside the control of the Contractor, and as such additional costs may be added on to the Price.

3.       Acceptance

Acceptance of the Contractor’s Estimate is deemed to occur when the Customer instructs Stephen Charles Landscapes in writing to proceed with the works as outlined in the Estimate. Should the Customer wish to vary any term of the contract s/he should contact Stephen Charles prior to commencement of the contract.

Acceptance of the Contractor’s Estimate is also deemed acceptance of these Terms and Conditions in full. Once acceptance of the Terms and Conditions has taken place, they are irrevocable and may only be amended with the written consent of the owner of the business not with any subcontractor or any other person acting on behalf of Stephen Charles Landscapes.

The Estimate and these Terms and Conditions together with the Customer’ written instruction to proceed with the works shall form the basis of the contract between the parties. Once Goods have been delivered or Services have commenced, then the Customer will remain liable for the full Price of the original Estimate.

Where two or more Customers have entered into the agreement, they shall all be jointly and severally liable for payment of the Final Price.

4.      Additional Works, Amendments and Variations

Any works that are not included in the works set out in the Estimate will be additional works and will incur additional costs. No additional works, amendments or variations to the works set out in the original Estimate will be undertaken unless previously agreed in writing between the Customer and the Contractor.

Where the contract has a duration of more than one month, the Contractor will complete the additional works at an arranged time or where no time scale has been agreed then the time scale shall be determined by Stephen Charles Landscapes. When the additional works have been completed the costs will be included in the next interim invoice.

Where the contract is for a shorter duration or for a “one off job” with payment agreed on completion, additional works will not generally be undertaken by the Contractor until the initial works as set out in the original Estimate have been completed and payment of the full Price of the original Estimate has been received by the Contractor. When the additional works have been completed the costs will be included in the final invoice.

For certain additional works, where the contract is for a shorter duration or for a “one off job” with payment agreed on completion, there may be instances where the Contractor may agree to complete the additional works prior to the end of the contract. The Contractor reserves the right to use his discretion and each situation will be decided on individual merit.

Any requests by the Customer for alterations to any part of the works set out in the original Estimate, to add, modify, move, change, amend, or vary anything whatsoever, will be deemed to be additional works and the Contractor will make additional charges for each request.

Sometimes weather may have an effect on work already completed. For example rain and snow might show puddles left on the turf, ground frost might cause damage or death to plants, severe winds may uproot trees or dislodge fencing, drought might cause dehydration in plants. As these occurrences are a result of natural causes and are outside the control of the Contractor, any remedial works required shall be classed as additional works and additional charges will be made.

5.       Price and Payment

The Estimate Price, provided prior to the supply of any Goods or commencement of Services, shall be guaranteed by the Contractor (subject to supplier price increases and delivery costs, additional works, amendments and variations, and other such things which are outside the control of the Contractor), provided that the Customer has accepted the written Estimate within three months of it being provided.

Once Goods have been delivered or Services have commenced, then the Customer will remain liable for the full Price of the original Estimate.

Should the Contractor deem it necessary s/he may request proof of the Customer’s ability to pay the Estimate Price. If the Contractor is not satisfied of Customer’s ability to pay s/he may request a Guarantor.

A payment in advance will be required for the cost of all materials and any fees for hire of equipment, included in the Estimate Price.

Where an Estimate is for contracts which have a duration of more than one month the Contractor will send interim invoices monthly in arrears. Payment must be made immediately upon receipt of each invoice.

Where an Estimate is for a “one off job” the Customer shall be invoiced at the end of completion. However, where the “one off job” is of a complex nature or likely to exceed one month to complete, the Contractor will send interim invoices monthly in arrears and then a final invoice on completion. Payment must be made immediately upon receipt of each invoice.

The Final Price will be the total of the interim and final invoices. This will equal the original Estimate Price, subject to supplier price increases and delivery costs, additional works, amendments and variations, and other such things which are outside the control of the Contractor.

At the discretion of the Contractor, payment for approved Customers may be made in instalments, in accordance with a payment schedule, drawn up by the Contractor.

The Customer may make payment in advance should s/he wish to do so.

The Customer shall pay to the Contractor, in addition to the Final Price, a sum equal to the Value Added Tax chargeable on the value of the Goods and Services supplied in accordance with the Contract. The VAT number for Stephen Charles Landscape and Contract Gardener is 988 1198 63.

Payment may be made by cheque, by cash, by electronic transfer or by standing order. The Contractor is unable to accept credit card payments at this time. Please make any cheques payable to Stephen Charles. Bank details are available upon request. Receipt of any form of payment other than Cash will not be deemed payment until that form of payment has been cleared.

6.       Delivery of Goods

Delivery of any Goods requested takes place when the Goods are delivered to the Site by either the Contractor or by an external provider.

Any delivery costs will be in addition to the Estimate for works. This will be added on at the discretion of the Contractor. Any late delivery by the Contractor or a third party will not constitute a repudiatory breach.

Should arrangements to deliver Goods to the Customer be made and the Customer is unable to take delivery of the Goods, as arranged, then the Contractor shall be entitled to charge a reasonable fee for redelivery. Delivery of the Goods to a third party, who has consent of the Customer, is deemed to be delivery to the Customer for the purposes of this agreement.

Delivery will be in accordance to the schedule of works determined by the Contractor and therefore Delivery of all the Goods required for the works may not necessarily take place at the same.

7.       Ownership

Ownership of the Goods shall not pass until the Customer has paid all money owing for the specific Goods and the Customer has also met all other obligations due to the Contractor in respect of all contracts. Until the payment has been honoured the ownership of the Goods will remain with the Contractor. Once full payment of the final invoice (regardless of any payments in advance for materials) has cleared the ownership of the Goods will fully pass to the Customer.

Until ownership shall pass to the Customer the Contractor may request the Customer to return the Goods to the Contractor. This will only occur in extreme circumstances and must be done in writing. Upon such notice the rights of the Customer to obtain ownership of the Goods shall cease. If the Customer fails to return the Goods to the Contractor, then the Contractor may enter the premises where the Goods are situated to take possession of the Goods, whether they have been put into application (for example planted) or not. Should the Goods have been sold on to a third party the Contractor may start proceedings to recover the Price of the Goods sold by the Customer.

8.       Risk

The risk for the Goods passes to the Customer upon delivery to the Site. This applies regardless of whether the Contractor retains ownership or not.

9.       Defects

Upon the Goods being delivered, the Customer shall inspect the Goods and notify the Contractor within 24 hours of any defects, shortage in quantity or any failure to comply with the original Estimate. Failure to comply with this requirement may mean that the Contractor is not liable for any such defect whether it constitutes a loss or not to the Customer.

The exception to this section is where the Contractor accepts the Goods himself from a supplier. When this occurs the Contractor will inspect the Goods. Once the Contractor has ensured that the Goods comply with the original Estimate and that no damage has occurred upon delivery to the premises he will sign for the Goods and the risk will then pass to the Customer. This applies both to commercial premises and private gardens premises.

10.     Materials

All chemical vegetation control works will be carried out in strict accordance with the Control of Pesticides Regulations 1986, and any subsequent amendment thereof, and all current Control of Substances Hazardous to Health Legislation (CoSHH). All chemicals will be at our discretion and sole risk. All chemicals will be applied in strict accordance with current legislation and the manufacturer’s directions.

It is assumed that there is sufficient water on the Site for all our requirements in order to be able to provide the service. If there is not the Customer shall notify the Contractor before commencement of any work.

We will provide all necessary tools for the proper execution of the works. We will also provide the appropriate PPE for all tools and plants used. Any tools that need to be hired will be included in the original Estimate Price and only where there has been a price increase by a supplier will there be any variation on this Price. This will be stated on the invoice.

We will provide all plants, shrubs and sundry items at recommended retail price, or where possible at a discounted rate.

11.     Supervision

We carry out full risk assessments prior to the commencement of any work. Operatives will be supervised by our management team. All work carried out by our operatives will be in accordance with all Health and Safety Legislation including the Personal Protective Equipment (PPE) at Work Regulations 1992 and all subsequent amendments. Each task will be assessed independently for all potential hazards. We will endeavour to reduce these hazards to a minimum by good practice. The appropriate PPE will be provided by ourselves for those hazards which we are unable to eliminate.

12.     Waste Disposal

All grass arisings and non lignified plant tissue will be composted under controlled conditions on the Site. If you do not want this an additional charge will be incurred for its removal.

All other waste arising out of the implementation of this contract will be removed from the Site and transported to the local authority waste transfer station. Charges will be made based upon the weight, distance and time taken to dispose of each load. The weight charge is levied by the local authority for all business waste.

The removal of waste other than out of the implementation of this contract will be deemed to be additional works and an additional charge will be incurred for its removal.

13.     Gritting of Car Park, Hard-Standing and External Pathways

In addition to this contract we will, if required, supply and spread grit to these areas in accordance with the Health and Safety Regulations.

Provided that we are informed of this requirement prior to winter weather this will incur a standby charge plus a charge each time gritting operations are carried out. If however we are not informed of this requirement, this will incur an emergency charge, plus a charge each time gritting operations are carried out. This is heftier than that of the standby charge. This takes into account the fact that we may need to “get the grit”, since otherwise we may not have enough to cover the said areas.

14.     Landscape Works

Please see Landscape Works frequency document (if applicable) for additional details.

15.     Site Visits

Please refer to the Estimate for full details of the Site visit. Generally for continuous contracts a minimum of one visit per calendar month is required for the Contractor to undertake Services on the Customer’s behalf. Where visits are comprised of a set number per year, you will be notified in writing how many visits will occur each month.

Work will progress, subject to weather and availability of Goods, in accordance with the timescale outlined in the original Estimate. All works will be completed at an arranged date unless the Customer does not require completion by a specific date. Where no time scale has been originally provided then the timescale shall be according to the schedule determined by Stephen Charles Landscapes.

Site visits are of no minimum duration.

16.     Standard Labour Rates

For any works which are additional to those specified in the Estimate our standard labour rates will be charged. This is with the exception of tree works, which will be priced separately. As of 1st January 2009 our standard labour rates are £30.00 per man per hour, or part of an hour. We will provide you with one month’s notice of any changes to these rates during the period of this contract. Please expect annual reviews of our charges.

17.     Invoices

We shall invoice monthly in arrears for works which take in excess of one month or on completion for shorter duration works. Payment must be made immediately upon receipt of all invoices. A longer payment period is not permitted, unless this has been agreed by prior arrangement.

Where additional works have been completed during the course of the contract, the “extras” will be added to the next interim invoice when the contract has a duration of more than one month, and to the final invoice when the contract is for a shorter duration or for a “one off job” with payment agreed on completion. Payment must be made immediately upon receipt of each invoice.

Where the Customer chooses to cancel the contract, or to remove from the contract any part of the works set out in the original Estimate, or to bring in another contractor to undertake one or more aspects of the work, an invoice will be issued for the full contract price and any additional amounts owing and payment must be made immediately upon receipt.

18.     Default Payments

All invoices are due and payable immediately upon receipt. Should payment not be received within 10 days of the date of the invoice, the invoice will be deemed overdue and the Customer will be liable for late payment charges in respect of his/her default.

Should an invoice remain unpaid after 10 days, interest will accrue daily from the date when payment becomes overdue until the date the Contractor receives payment. Interest will be charged on the overdue amount at the rate of 29.99% per annum.

If an invoice remains overdue after 30 days, then a monthly administration fee of £25 shall be levied for each month that the invoice remains unpaid until the date the Contractor receives payment.

Should the Customer remain in default for 60 days, the Contractor may suspend the Service being provided, or terminate the supply of Goods until payment has been received. In addition an application may then be made to the court and the Customer will incur liability for all legal fees, court fees, and associated costs.

Where the Customer defaults in payment, the Customer shall indemnify the Contractor against all costs and disbursements incurred by the Contractor in pursuing the debt including legal costs, court costs, debt collection agency charges, and Solicitor fee’s. The Contractor shall not be liable to the Customer for any loss or damage the Customer suffers as a result of the Contractor exercising his rights under this Contract.

19.     Suspending Services

We may suspend any or all of the Services immediately without notice in the following circumstances: a) if you have broken this agreement, b) for non payment of debt, c) for inappropriate action towards our staff.

20.     Cancellation

This contract may be cancelled at any time within 14 days from the date of commencement of the contract. Work will not normally start during this period.

If the Customer does decide to cancel the contract within the 14 day cooling down period and prior to Goods being delivered or Services having commenced, when payment has been made in advance the full amount shall be repaid by the Contractor to the Customer.

Where the Customer chooses to cancel the contract, or to remove from the contract any part of the works set out in the original Estimate, or to bring in another contractor to undertake one or more aspects of the works once Goods have been delivered or Services have commenced, then (irrespective of who completes the work) the Customer will remain liable to Stephen Charles Landscapes for the full Price of the original Estimate plus any additions, amendments and variations to the original Estimate.

Further reasonable costs incurred by the Contractor as a result of entering into the contract may be added, including the costs of collection of unwanted Goods (if applicable), along with an administration fee of £50.

Where the contract includes several different types of works to be undertaken and one portion has not been commenced in any format, the Contractor may use his goodwill to allow that portion of the contract which has not been commenced to be removed. This will be at the sole discretion of the Contractor. An administration fee of £50 may be added.

Should the Service required be for a minimum of 12 months (refer to the Estimate for details), after this period ends the contract may be allowed to run over on a monthly basis and one month’s notice must be given at any time by either party to terminate this arrangement, without the payment of any compensation for loss or damage arising as a result of such termination. A final invoice will be issued after termination has occurred, and payment must be made immediately upon receipt. If you would prefer a new contract to be issued, this will be for a minimum of 12 months commencing from the end of the original contract.

For certain Landscape work, cancellation of this contract within the 12 month period is possible should the Customer move to premises where the Contractor’s Services are no longer required. Please ask for details. In these cases, two month’s notice must be given and an administration fee of £50 fee may be imposed.

21.     Termination

Either party may give written notice to the other to terminate this Contract immediately if that other party commits any material breach of its duties and fails to remedy that breach within 28 days of written notice of that breach.

22.     Obligations

The Customer shall co operate with the Contractor or other supplier to ensure delivery of Goods at a time specified by all parties.

Generally the Contractor will ensure that delivery from a supplier is at a time suitable for him to accept delivery of the Goods himself, and in such cases the Contractor will warrant the Goods at the time of delivery when s/he accepts the Goods from another supplier. However, the Customer may wish to accept delivery of Goods and in such cases the Customer will accept full responsibility for warranting the Goods at the time of delivery.

Should the Customer’s name, address, or any other details change, the Customer undertakes to give at least 14 days notice of this change.

Should the Customer decide to bring in another contractor to undertake one or more aspects of the works, then the Customer undertakes to give the Contractor at least 14 days notice of this intention.

The Contractor shall perform the Services with reasonable skill and care to a recognised standard. In accordance with this the Contractor guarantees all Services against faulty workmanship.

The Contractor cannot guarantee Goods against something outside of his control such as damage by visitors to the premises, theft from the premises, vandalism, or the weather and as such these risks will lay with the Customer.

Due to the fact that a large proportion of planting is dependent upon how well a plant takes and the weather, not necessarily merely how well it is cared for, guarantees for the survival of plants are not possible. Where a plant does not survive, the costs of replacement will be the responsibility of the Customer.

23.     Adverse Weather

All scheduled works are based upon the weather being suitable for their implementation. In the case of adverse weather (judged by ourselves) implementation of works will be suspended until the next scheduled Site visit. No penalty will be incurred as a result of the adverse weather.

24.     Limitation of Liability

Nothing in these Terms and Conditions shall exclude or limit the liability of the Contractor for death or personal injury arising from negligence, nor his liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

To the fullest extent permitted by law the Contractor disclaims and excludes all liability for any direct, indirect or consequential loss or damage whatsoever and howsoever suffered or incurred by the Customer or any third party, including without limitation any liability for loss or damage to income or revenue or profits or goodwill, loss of business or contracts, or loss of anticipated savings, whether arising in tort (including negligence), contract or otherwise.

The Customer will indemnify the Contractor from and against all losses, liabilities, damages, costs, expenses, actions and claims suffered or incurred by the Contractor, or his representatives or his agents arising out of or in connection with any breach by the Customer of these Terms and Conditions.

For the avoidance of doubt, time shall not be of the essence and the Contractor shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

25.     Insurance

We will have in force Employer’s Liability Insurance and Public Liability Insurance of, £2,000,000.00 for any one incident.

26.     Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, terrorism, war, fire, snow, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

27.     Other Important Terms

The owner of the business, in his absolute discretion and without notice, may amend these Terms and Conditions from time to time to comply with law or to meet any change in business policy.

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

Any person who is not a party to this Contract shall have no right to enforce any term of this Contract against Stephen Charles Landscapes, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms and Conditions shall be governed by and construed in accordance with English law. Any matter or dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.

28.     Photography

Sometimes Stephen Charles Landscapes would like to use photographs, drawings or plans of the work undertaken on your premises by us for any future publications or displays. Unless notified in writing prior to commencement of the contract, acceptance of the contract means that the Customer is in agreement with this. Should the Customer have any problems with this, or change their mind throughout the duration of the contract s/he must put this in writing for it to become effective. All photographs taken on this basis are the property of Stephen Charles Landscapes and will solely be used for the purposes of illustrating and promoting our Services, whilst ensuring the anonymity of the respective Customer. This does not include any photographs taken by the Customer.

 


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Stephen Charles Landscape and Contract Gardeners,
Richmond (Head Office)
Telephone: +44 (0) 844 736 5888
Email: info@stephencharleslandscapes.co.uk  
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