Terms & Conditions
1. Acceptance of the Quotation
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. Contract Confirmation
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. Alterations to the Contract
No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing.
4. Additional Work and Costs
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 GST at the current rate. Additional materials shall be quoted for and agreed to before these added works are undertaken.
5. Site Access
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, and 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. Site Information
The Client should inform PETALS 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 PETALS Landscapes before commencing works, and this should be requested in writing. Upon completion of the survey, PETALS Landscapes cannot accept any liability for any sub-surface issues should they arise unless revealed in the survey.
7. Additional Work Due to Unforeseen Structures
Should additional work arise due to unknown or undisclosed structures as outlined in clause 6 above, PETALS 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. Permissions and Regulations
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 a request has been made to PETALS Landscapes to carry this out on the client's behalf. The Client shall indemnify PETALS Landscapes against any claim/proceedings/loss or expense resulting from the Client failing to gain permissions/give notices/pay fees required in whole or in part. PETALS 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, 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. Parking Costs
We ask for parking permits or parking costs for vehicles attending the job site in connection with The Works. These costs will be charged in addition to the Contract sum on completion of The Works.
11. Terms of Trading
- **Landscaping**: A deposit of 30% of the agreed Contract sum is requested on agreement and signing of The Contract. 50% + GST 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 the client and PETALS Landscapes.
- **Maintenance**: For one-off works over a certain amount (decided at PETALS Landscapes' discretion), where PETALS 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.
- **Garden Design and Planting Plans**: Garden design costs are charged 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. Lien on Goods and Materials
PETALS Landscapes shall have a lien on all goods and materials remaining on site until full payment of all monies has been made. The company shall have free access to enter the site to remove such goods and materials.
13. Exclusion of Liability
PETALS 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 PETALS Landscapes' control and which it could not have reasonably foreseen at the date of the Contract.
14. Concerns or Complaints
Any concerns or complaints after the Works have been finished should be given to PETALS Landscapes within 7 days of completion of Works.
15. No Liability for Certain Damages
PETALS 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. Responsibility for Local Services
PETALS 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 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 PETALS Landscapes once the Works have been completed. The plants we use have no specific guarantee from our suppliers once they leave their nurseries.
18. Material and Installation Guarantees
PETALS Landscapes will agree appropriate material and installation guarantees for specific Works at the client's request. However, we do not have a standard set of terms of guarantee due to the nature of our work. Dated certificates can be provided as evidence of our membership to recognized landscaping bodies – BALI, APL, HTA, Safe Contractor, and Trustmark – before the signing of The Contract.
19. Validity of Quotes
Quotes are valid for 30 days from the date of issue only.
20. Late Payment Charges
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. PETALS Landscapes reserves the right to enforce late payment charges as per Point 2 once written/email agreement has been received.