Please read these Terms & Conditions carefully, as they set out our and your legal rights and obligations in relation to our services. By accepting the quotation, paying the deposits required and the contract starting, the client is deemed to accept all of the terms and conditions listed below as well as the signing of Contracts and Payment Schedule – supplied separately.
1. Scope of work
· 1.1 The work as detailed shall be carried out to the standard a reasonable person can expect.
· 1.2 If there is any discrepancy between any specification and any drawing, the description contained in the specification shall prevail over the drawing.
· 1.3 The client is to indicate the line of the boundaries, underground cables and pipes before work commences and MRLandscapes accepts no liability whatsoever for any losses or future disputes which the client may have with the owner(s) of neighbouring properties or other parties as a result of works which it carries out on or within the boundaries, cables or pipes that the client has indicated to us.
· 1.4 The client is solely responsible for obtaining any planning permission required, including the preparation and submission to the local authority of any necessary applications. MRLandscapes takes no responsibility for loss or damages incurred as a result of failed planning permission or the client requiring planning permission in retrospect.
· 1.5 This quote excludes: excavation of/in rock removal of any concrete deeper than 150mm thick; filling of wells, mines or shafts; removal of any air raid shelters; removal of asbestos; removal of any chemicals; removal or grinding of any tree stumps and the re-routing of any services unless otherwise specified.
· 1.6 Copyright laws cover all designs. The MRLandscapes design cannot be reproduced without prior written consent by MRLandscapes. Once full payment for the design is made the client may then, if so desired, approach other contractors to quote for the project. The design will remain copyright to the MRLandscapes. It must not be used in any marketing purposes by a third party unless specifically authorised by MRLandscapes.
· 2.1 All quotations are valid for 30 days only and may be subject to alteration after that date.
· 2.2 The quotation is a best estimate of price at the time of submission taking into account existing site conditions and layout at the time of viewing.
· 2.3 Acceptance of the quotation signifies acceptance of these terms and conditions of the contract documents and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the client will involve the client being liable to a cancellation fee and any loss of expenses incurred as a result at the discretion of MRLandscapes up to a maximum of 50% of the total of the quotation.
· 2.4 Only the work described in the quotation is included; the supply of any other materials or labour costs to carry out such works other than stated within the quotation is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will be agreed by both parties prior to being undertaken.
· 2.5 No allowance is made in the quotation for any extra work required due to unknown, hidden or underground features.
· 2.6 MRLandscapes reserves the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond its control.
· 2.7 Where detailed structural work is involved (e.g. drainage, retaining walls over 1m, foundations, garden buildings and other structural elements), MRLandscapes recommends professional advice is sought from a structural engineer before any implementation of the design or design concept, the costs of which will be borne by the Client. MRLandscapes cannot be held responsible for failure to do so or be held liable for any of these costs or consequences for not consulting a structural engineer or other professional.
· 3.1 The client accepts that he/she will pay MRLandscapes the full contract sum (all costs incurred) together with any Value Added Tax properly chargeable upon the contract.
· 3.2 Payment terms:
30% of total estimate value is required before works commencing.
Where works value exceed £5000, a schedule of interim payments will be agreed prior to works commencing.
On completion the client will be required to sign off the works , and the remaining balance paid within 7 days.
· 3.3 The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate. Final parking charges and congestion charges will be added if applicable.
· 3.4 Unless otherwise stated payments are due 7 days following receipt of invoice.
· If the invoice is not settled within 14 days MRLandscapes reserves the right to charge daily interest at 2% until full payment is received.
· 3.5 Materials need to be purchased in advance and will form part of the first stage deposit, payable one week in advance of the agreed start date. If this or any invoices, are not paid within seven days of being rendered the client will be deemed to be in default and therefore in breach of contract. MRLandscapes will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.
· 3.6 In the event it is necessary to institute legal recovery of the outstanding sum the client will be liable to pay MRLandscapes legal fees in full.
· 3.7 If the delivery date of goods is delayed by the customer, MRLandscapes reserves the right to charge the client the daily labour rate for all staff on site until the material arrives.
· 3.8 In the event that a change in materials from that already delivered on-site is required as a result from a subsequent client change of mind, the client will be solely responsible for payment of all additional costs.
4a. The site
· 4.1 The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.
· 4.2 Access to water and electricity services will be provided by the client at no additional cost to MRLandscapes.
· 4.3 MRLandscapes shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. The client is responsible for all plant on site once MRLandscapes staff and subcontractors have left site after a working day.
· 4.4 MRLandscapes undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather may hinder progress, and MRLandscapes undertakes to keep the client informed.
· 4.5 MRLandsapes will take all reasonable endeavours when excavating any site however there are always risks involved when excavating into the ground and take no responsibility for any broken, piping or cabling that exists on or below the surface. Any new cabling or piping installed shall be done so to building regulations.
5. Construction & Materials on Site
· 5.1 MRLandscapes always uses reputable high quality suppliers for the supply of materials, plants, trees and shrubs; however, it is unable to guarantee their performance once it has left the site.
· 5.2 Any structural or appearance of finished features is at the discretion of the MRLandscapes, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to MRLandscapes, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. If a particular variety (i.e. species or cultivar) is not available a suitable substitute will be selected.
· 5.3 Natural products may show some colour and/or texture, spacial variations; therefore MRLandscapes cannot guarantee supplied materials are exact representations of any samples provided.
· 5.4 MRLandscapes will research and take the advice of the supplier as to the best way to lay/build with the material and the best adhesives and seals to use. If there are any problems arising with the product and the supplier advice has been taken MRLandscapes accepts no responsibility, except where it has been improperly installed by MRLandscapes.
· 5.5 Materials delivered to site and tools left on site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. Delivered plants if not planted immediately will be stowed in an agreed location within the client’s garden. At this stage responsibility for the loss or theft of these plants will rest with the client.
· 5.6 MRLandscapes cannot be held responsible for the fading of colours due to efflorescence which is a natural condition producing very small white particles covering the surface of concrete products. This condition is caused by having calcium hydroxide present as a soluble salt, which leaches to the surface and combines with carbon dioxide in the air to form calcium carbonate (chalk).
· 5.7 Wood is a natural product, and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. MRLandscapes cannot be held responsible for the above taking place.
· 5.8 In extreme changes of weather conditions, certain plants and materials such as: terracotta, some natural stone and other paving can be affected, suffering damage if not protected. The client should take the necessary precautions to prevent damage as this is out of MRLandscapes control.
6. Maintenance after completion
· 6.1 All watering of plants, trees, shrubs and turf becomes the responsibility of the client once the contract has been completed and MRLandscapes cannot accept any responsibility for the survival once the contract has been completed.
· 6.2 MRLandscapes accepts no responsibility for any horticultural defects other than plants, trees and shrubs failing to break out into leaf unless a formal maintenance contract is entered into.
· 7.1 Our day rate is for 8 hours. Unless a fixed price quotation has been agreed prior to work commencing. We will apply the day rate or hourly rate plus materials and expenses to the clients invoice.
· 7.2 If we are required to remove green waste or general waste from the site, this will be subject to charge, as will parking and congestion charges if applicable.
· 7.3 Collection of non-stock parts and materials is chargeable but time will be kept to a minimum and reasonable. Also you shall be informed prior to the operative(s) leaving the site where possible.
· 7.4 MRLandscapes will undertake any requested jet washing, but accept no claim or compensation arising from any damage caused by the high pressure cleaning.
· 7.5 For regular maintenance work an invoice will be issued at the end of the month. Clients are requested to pay within 14 days of receipt of the invoice.
· 7.6 In the event of an Operative(s) unable to gain access at a previously agreed time, there will be a call out charge equating to a minimum of two hours rate.
· 8.1 MRLandscapes will agree a date and time with you for the works to commence and we shall use our best endeavours to ensure the Operative(s) attends on the time and date. However we accept no liability in respect of non-attendance or late attendance of the Operative(s) or for the late or non-delivery of goods.
· 8.2 Any date or dates included in our estimate or quotation are estimated dates and MRLandscapes shall not be in breach of this agreement for failing to start or finish by any date given.
· 8.3 We shall not be liable for and accept no responsibility for unavoidably damage caused, or any unforeseeable loss you may suffer as a result to the works carried out, nor shall we be liable for any loss of nature which is not caused by our negligence or our breach of the terms of the agreement between us.
· 8.4 This contract shall be regarded as an English contract and shall be construed and the rights of parties according to the laws of England and Wales. Irrespective of the place of signing this contract, it is deemed to have been made at the contractor’s address and all legal matters arising from this contract will be handled within the area of the contractor’s choice.
· 8.5 Any accidental or malicious damage caused by the client, their children or any third party during the course of the construction or maintenance may incur an additional repair charge.
· 8.6 MRLandscapes reserves the right to use any drawings, photographs or plans produced by us for any future publications or displays whilst ensuring the anonymity of the client.
MRLandscapes has public liability insurance.
MRLandscapes is a licensed waste carrier.
MRLandscapes is a VAT registered business.
This website is operated by Marsland-Roberts Landscapes and are committed to protecting and preserving the privacy of our visitors when visiting our site or communicating electronically with us.
This policy sets out how we process any personal data we collect from you or that you provide to us through our website. We confirm that we will keep your information secure and that we will comply fully with all applicable UK Data Protection legislation and regulations. Please read the following carefully to understand what happens to personal data that you choose to provide to us, or that we collect from you when you visit this site. By visiting [URL of school/Trust website] (our website) you are accepting and consenting to the practices described in this policy.
Types of information we may collect from you
We may collect, store and use the following kinds of personal information about individuals who visit and use our website:
Information you supply to us. You may supply us with information about you by filling in forms on our website. This includes information you provide when you submit a contact/enquiry form or a job application form.
Information our website automatically collects about you. With regard to each of your visits to our website we may automatically collect information including the following:
How we may use the information we collect
We use the information in the following ways:
Information you supply to us. We will use this information:
To provide you with information and/or services that you request from us;
Information we automatically collect about you. We will use this information:
- to administer our site including troubleshooting and statistical purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
security and debugging as part of our efforts to keep our site safe and secure.
This information is collected anonymously and is not linked to information that identifies you as an individual. We use Google Analytics to track this information. Find out how Google uses your data at https://support.google.com/analytics/answer/6004245.
Disclosure of your information
We do not rent, sell or share personal information about you with other people or non-affiliated companies.
We will use all reasonable efforts to ensure that your personal data is not disclosed to regional/national institutions and authorities, unless required by law or other regulations.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Third party links
Our site may, from time to time, contain links to and from the third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Your rights – access to your personal data
You have the right to ensure that your personal data is being processed lawfully (“Subject Access Right”). Your subject access right can be exercised in accordance with data protection laws and regulations. Any subject access request must be made in writing to Marsland-Roberts Landscapes. We will provide your personal data to you within the statutory time frames. To enable us to trace any of your personal data that we may be holding, we may need to request further information from you. If you have a complaint about how we have used your information, you have the right to complain to the Information Commissioner’s Office (ICO).