Terms & Conditions 2021
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. All Contracts must be confirmed in writing before work commences. Email confirmation is acceptable but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions herein, in order that the Contract is legally binding.
3. No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing.
4. A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract. Additional labour will be charged by the hour. All costs are subject to Vat @ the current rate. Additional materials shall be quoted for and agreed to, before these added works are undertaken.
5. We ask that the Client ensures there is adequate access to the Site 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. We also request that all dog mess be cleared from the Site, if the works cannot be carried out the team will leave the site and you may still be charged.
6. The Client should inform HP Landscapes regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, 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 by inspection of the site prior to the date of the Contract. A full site survey can be carried out by HP Landscapes before commencing works and this should be requested in writing. Upon completion of which, Harrington Porter cannot accept any liability for any sub-surface issues should they arise unless revealed in the survey.
7. Should additional work arise due to unknown or undisclosed structures such as those outlined in clause 6 above, then HP Landscapes may be required to add additional labour to 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.
8. 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 HP Landscapes to carry this out on your/the client’s behalf. You/the Client shall indemnify HP Landscapes 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. HP Landscapes will agree with the client, where appropriate, permissions that they will seek on behalf of the Client.
9. Congestion Charges: where the Site falls within the congestion charging zone, then all costs levied on our vehicles attending the job site in connection with the Works will be charged in addition to the costs agreed in The Contract.
10. We ask for parking permits or parking costs for vehicles attending the job site in connection with The Works and these costs will be charged in addition to the Contract sum, on completion of The Works.
11. Our terms of trading:
A: Landscaping: a deposit of 30% of the agreed Contract sum is requested on agreement and signing of The Contract. 50% + VAT is requested at an agreed midway stage of The Works, 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 HP Landscapes.
B: Maintenance: for one off works over a certain amount (decided at HP Landscape’s discretion), where HP Landscapes are required to purchase materials in advance, we request a deposit payment of 50% of the Contract sum, with final payment on completion. For larger projects payment terms/schedule are as per our landscaping department. Our hourly maintenance service is charged at £40 per hour plus vat, with a minimum fee of £320.00 or 8 hours plus VAT. Accounts are payable within 7 days of the invoice date. Separate agreements are made with our regular contracted maintenance clients and these payment terms are set out as per their individual contracts.
C: Garden design and Planting plans. Garden design costs are charged for as per the individual project and the agreed design fee is to be paid in full before commencement of work. Separate terms and conditions are provided specific to our Design service.
12. HP Landscapes 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.
13. HP Landscapes 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 HP Landscapes control and which it could not have reasonably foreseen at the date of the Contract.
14. Any concerns or complaints after the Works have been finished should be given to HP Landscapes within 7 days of completion of Works.
15. HP Landscapes cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions.
16. HP Landscapes 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.
17. 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 HP Landscapes once the Works have been completed. The plants we use have no specific guarantee from our suppliers once they leave their nurseries.
18. HP Landscapes 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. Dated certificates can be provided, as evidence of our membership to recognised landscaping bodies – BALI, APL, HTA, Safe Contractor and Trustmark, before the signing of The Contract.
19. Quotes are valid for 30 days from date of issue only.
20. Late payment of invoices for completed works, beyond our 14 day payment terms, will be subject to a 5% monthly interest charge (on all outstanding amounts). In addition a £50.00 administration charge will be added to each subsequent invoice, limited to one per month. HP Landscapes, 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.