'Design & Construction'

1.DEFINITIONS

1.1 The definitions and rules of interpretation in this clause shall apply in these Terms and Conditions.
1.2 ‘Start Date’ is the date that The Contractor shall start The Client’s work. The start date will be agreed between The Contractor and The Client.
1.3 ‘The Contractor’ (we/us/our) means JP Landscapes Ltd. and their employees.
1.4 ‘The Client’ means the person/s, firm/s or company/ies who enters into a Contract with The Contractor for the provision of hard/soft landscaping/maintenance works.
1.5 ‘Intellectual Property’ means the plans, drawings and quotations submitted by The Contractor (whether before or after the making of the contract).
1.6 ‘Site’ means the location where the works are to be performed by The Contractor.
1.7 ‘Quotation’ means the documents including detailed plans and/or drawings describing the Works provided by The Contractor.
1.8 ‘Works’ means the work to be carried out by The Contractor under The Contract as set out in the Quotation together with any other services which The Contractor agrees to provide to The Client.
1.9 Paragraph headings shall not affect the interpretation of these conditions.
1.10 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
1.11 ‘In writing’ refers to all forms of written communication, including email, text message and handwritten notes/letters/notices.
1.12 Words in the singular shall include the plural and vice versa.

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2. QUOTATION
2.1 The Quotation/Contract price is valid for 90 days from the date shown on the quotation. After 90 days the quotation will lapse. If you wish to proceed with your quotation you must let us know before the 90 day period expires, or prices may be subject to change.
2.2 The Quotation is based on conditions known and divulged by The Client at the time of The Contractor viewing the proposed work.
2.3 The Client will pay any costs related to extra works, or costs due to unknown difficulties or changes, which were not explained at the time of viewing and that have therefore not been noted or quoted for within The Quotation/Contract.
2.4 The Contractor reserves the right to increase The Quotation price with prior notification to the client. This will only relate to factors outside of The Contractor’s control leading to a price increase. Examples include raw materials price increases, fuel price increases and minimum wage rate increases.
2.5 Any special conditions, of which The Contractor has been informed, will be noted in The Quotation/Contract i.e. access issues or problem neighbours.
2.6 It is the responsibility of The Client to ensure The Contractor is made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.
2.7 The Contractor accepts no responsibility for works that have been carried out on land that is not under the ownership of The Client. It is assumed that all planning laws or regulations have been applied before the commencement of any works.

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3. SCOPE OF WORK 
3.1 The Contractor shall carry out and complete the hard/soft landscaping work/maintenance work described in The Quotation/Contract document in a professional manner. The Contractor shall have no obligation to execute any further work unless agreed, in writing, between the parties of The Contract.

 

4. LANDSCAPING WORK 
4.1 The landscaping work or service is as described to The Client in the form of a formal typed Quotation/Contract. If The Client accepts The Quotation price, The Client will be asked to confirm so in writing, which then forms a legally binding Contract between The Client and The Contractor. The Contract will always include descriptions of all the work which has been agreed by The Contractor and The Client.
4.2 Landscaping work or provision of materials will not take place until The Client agrees to, in writing, a JP Landscapes Ltd. Quotation/Contract. This will then act as a legally binding document between The Client and The Contractor.
4.3 The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.

 

5. THE SITE
5.1 The Client warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes, and cables, sewage or land drains, foundations or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing to The Contractor prior to the submission date of the quotation. The Contractor shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.
5.2 Timely possession of the site and proper and adequate access to it must be made available by The Client to The Contractor to enable the work to be carried out in a regular and economic manner.
5.3 The Client will provide access to water and electricity wherever possible for use by The Contractor whilst carrying out the agreed work. The provisions of these services and facilities shall be at the sole cost of The Client.
5.4 The Client shall be responsible for ensuring the safety of their children, family members, pets, animals, and visitors at all times whilst work is being carried out on their premises.
5.5 The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use of machinery.
5.6 The Client will remove and dispose of any pet waste before any work begins.

 

6. QUOTATION/CONTRACT
6.1 Hard/soft landscaping/maintenance Quotations are not open to negotiation once accepted.
6.2 Only landscaping work detailed in the signed Quotation/Contract will be carried out by The Contractor, unless agreed otherwise at an extra cost.
6.3 The Quotation/Contract is a detailed, accurate description of discussions, plans, and work that have been agreed by The Client and The Contractor.
6.4 All work will be carried out by The Contractor and any works that cannot be completed by The Contractor will be carried out by reputable external companies that we have much positive experience with.
6.5 The Client shall provide access to the site during The Contractors normal working hours (8:00AM – 5:00PM). 

 

7. MATERIALS
7.1 Materials delivered to the site become the responsibility of The Client and The Contractor accepts no loss, damage or expense after delivery of the materials to the work site for any reason.
7.2 All materials brought to the site which prove to be in excess to The Contractor’s requirements shall remain the property of and shall be removable by The Contractor who shall have the right to enter the site for that purpose.
7.3 The Contractor shall not be liable for any loss or theft of materials from the site. Any additional materials required following damage, loss, or theft shall be at The Client’s expense.

 

8.SUPPLY OF PRODUCTS 
8.1 All products, including living products, are sold on the understanding of the following:

(a) No warranty is given or implied by law as to the quality or suitability of products supplied by the company, except as stated in writing by the company.
(b) The Client fully understands that plants are a living material and therefore an ever changing product.
(c) The Client fully understands that plants are a perishable product and will deteriorate in quality if not provided with the appropriate aftercare.
(d) The Client will provide adequate levels of water and feed from the point of delivery to maintain the quality of the plant(s) and promote healthy growth and establishment.
(e) The Contractor cannot be held responsible for any issues caused by neglect including: infestations, lack of water, over watering, Gastropods eating plants, termites etc.

 

9. SOFT LANDSCAPING/LIVING MATTER
9.1 The Contractor is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, shrubs, trees or plants, following delivery/practical substantial completion.
9.2 It is The Clients’ responsibility to water, feed, treat, and look after their turf, shrubs, trees or plants as soon as they are on The Client’s premises.
9.3 Any turf, shrubs, trees or plants purchased, or delivered to the client’s address/site, can only be exchanged if any issues are brought to The Contractor’s attention immediately upon the same day as delivery.

 

10. PAYMENT
10.1 All accounts/invoices/bills are payable once invoiced. Invoices will be sent out on the day of completion, due within 7 days from the date sent, unless otherwise stated.
10.2 Payments should be made to JP Landscapes Ltd. by Bank Transfer.
10.3 The Contractor does not accept Cheques or Credit Card Payments.
 
11. DEPOSITS
11.1 On acceptance of a Quotation over the price of £500.00 + VAT, a non-refundable deposit of 5%, up to a maximum of £2,000 + VAT, will be requested. 
11.2 On acceptance of a Quotation over the price of £50,000.00 + VAT, a non-refundable deposit of 10% will be requested.
11.3 If the Quotation includes any materials that are a special order, we will charge an additional deposit to cover the cost of either partial or full price of said materials, depending on the suppliers’ terms.
11.4 Any deposit amounts will be deducted from the final price.

 

12. PAYMENT SCHEDULES
12.1 Stage payments will be made by The Client against works completed/materials on-site to be made at weekly intervals.
12.2 A final balance payment to be made after completion, when an invoice will be sent.

 

13. ACCIDENTAL/WEATHER DAMAGE TO MATERIALS/ONGOING/COMPLETED WORKS
13.1 After practical substantial completion, The Contractor is not able to accept responsibility for any damage to hard or soft landscaping. For example, through the elements, including drought, winds, rain, and frost to any material(s) including plants. This includes freeze-thaw action occurring in the cement work of brickwork, patios, and paving and efflorescence in brickwork or patio stone.
13.2 Accidental damage caused by The Client, client’s family/friends, or via a third-party who has no connection to JP Landscapes Ltd. to materials or completed projects will not be covered by The Contractor in any circumstances.
13.3 If The Contractor accidentally breaks/damages your property or materials they will replace the item(s) or fix the problem.

 

14. DELAYS OR DISRUPTION 
14.1 The Contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall The Contractor incur any liability to The Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond their reasonable control.
14.2 Weather conditions, including snow, hard frost, extreme rain, excessive heat or drought may cause the delay of a start or completion date of a Contract. The Contractor will always inform you as soon as is practically possible of any such expected delays.
14.3 Staff illness/time off may cause unavoidable delays to landscaping projects. If a member of our team has an illness or is off work due to an extenuating circumstance that are beyond their control, this may affect the start or end date of a project. You will be informed as soon as is practically possible. The Contractor will always endeavour to start and complete The Client’s landscaping jobs on schedule.
14.4 Delays caused by companies working on-site that have not been contracted/employed by The Contractor will result in charges to The Client to recover business losses/costs.
14.5 The Contractor will always inform you as soon as it is practically possible if we need to alter your landscaping start or completion date for any reason.
 
15. PHOTOGRAPHS/VIDEOS
15.1 The Contractor reserves the right to publish their photographs/videos of their hard/soft landscaping and maintenance work on their business website www.jplandscapes.co.uk, our Facebook business page, our business Instagram account and other social media accounts or online platforms. Photographs and videos are used to advertise JP Landscapes Ltd.’s work. All photographs are the property of The Contractor. 
15.2 All photographs sent to JP Landscapes Ltd. will become the property of The Contractor and may be used on our website or social media platforms.

 

16. ADDITIONAL WORK(S)
16.1 Work that is not included within the original Quotation(s) and that is later requested by The Client, or The Client’s representative, will be treated as additional works. The Contractor will always try to carry out any additional work you request at the same time as an ongoing project, however, sometimes, especially when The Contractor is very busy, this may not be possible. In this instance, a separate work date will need to be agreed upon.
16.2 The Contractor will provide detailed costs of additional work for The Client’s consideration in the form of a Quotation. Once costs have been agreed in writing and a deposit received, The Contractor will be happy to undertake the extra landscaping work requested.

 

17. MACHINERY TOOLS AND FUEL
17.1 Unless clearly specified by The Client, The Contractor will provide machinery, tools, and fuel to undertake works that are detailed in the Quotation/Contract or work schedule/maintenance quotation.

 

18. TREE FELLING
18.1 If The Contractor is felling a tree(s) at your property, please ensure that you remove any breakables from the area we are working in i.e. garden pots, toys, outdoor furniture, children’s furniture, garden ornaments. The Contractor cannot be held responsible for breakages that occur to any items/plants/shrubs/outdoor buildings as a result of falling tree branches/trunks.
18.2 Felling trees can be hazardous, therefore we ask that The Client(s), their children, family members, pets, animals, and visitors remain inside your property whilst any work is underway.

 

19. TREE STUMP REMOVAL
19.1 The Client shall remove any breakables from the area in which we are working.

19.2 The Client understands that grinding out of tree stumps causes mess and may flatten/damage plants that are growing in the vicinity the Contractor(s) is/are working in.
19.3 The Contractor will always tidy the area where they have been working to the best of their ability, however, you will always be left with slight evidence that a tree stump has been ground out.
19.4 We ask that The Client(s), their children, family members, pets, animals, and visitors remain inside your property whilst any work is underway.

 

20.DISPOSAL OF GREEN WASTE
20.1 JP Landscapes Ltd. are registered Green Waste Carriers.
20.2 JP Landscapes Ltd. is insured to remove Green Waste from our work only. Please do not ask us to remove any other form of household waste or green waste which is not a bi-product of our landscaping/maintenance work on your property. 
 
21.GARDEN DRAINAGE WORK
21.1 The Client agrees to make all the necessary checks with the Water Board prior to The Contractor carrying out any drainage works.
21.2 The Contractor assumes that The Client has acquired the relevant permission from The Water Board for any drainage works carried out.
21.3 The Contractor cannot be held responsible for any issues which may arise with the existing drainage system after new drainage has been installed or connected to your existing drainage system. 
21.4. It is The Client’s full responsibility to contact their Water supplier to gain permission for any drainage works to be completed. By signing your Quotation/Contract you are agreeing that you have been granted permission for drainage works to be carried out and linked to your property’s existing drains by your service provider.

 

22.CANCELLATION OF CONTRACTS
22.1 The Client must give 30 days notice prior to the work ‘start date’ if they wish to cancel the proposed landscaping project. These 30 days include Saturdays and Sundays.
22.2 Any unrecoverable costs incurred in respect of commitments made for materials during that period will be charged in full to The Client.
22.3 Any materials that have been purchased on behalf of The Client, or any other unrecoverable costs in respect of commitments made during that period e.g. Machine hire contracts will be charged to The Client. 
22.4 Notice of cancellation must be made as soon as possible by The Client, by telephone, text message, or via email to info@jplandscapes.co.uk.

 

23. IMPORTANT INFORMATION FOR ALL CLIENTS
JP Landscapes Ltd. is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions, or services not made known to us in writing or apparent on visual inspection.
JP Landscapes Ltd. is not able to accept responsibility for any of The Clients’ electrical appliances that may be unplugged/switched off during the working day for the purpose of using The Client’s power source or for safety reasons.
It is The Client’s full responsibility to ensure that any electrical equipment, i.e fridges, freezers, cookers, lights, clocks, etc. are all plugged back into their sockets and switched on during or at the end of any working day, or during the landscaping contract.
If neighbour disputes prevent/delay any of The Contractor’s staff from carrying out agreed work, The Client will be charged for The Contractor’s lost time. Please ensure we are made aware of any issues which may arise with your neighbours.

 

24. CUSTOMER CARE POLICY
24.1 JP Landscapes Ltd. is proud of the value, quality, and dependability of the services it provides.
24.2 If The Client is not fully satisfied with any part of our service, then please inform us in writing as soon as practically possible.
24.3 We treat our Clients’ concerns and comments as constructive and positive feedback and can only improve our services if informed of any shortcomings.
24.4 If there is a concern in regard to any aspect of the services we are contracted to undertake, The Client must inform The Contractor immediately in writing.
 
25. TERMS & CONDITIONS FOR MAINTENANCE VISITS
25.1 The Client shall commit to the days and dates arranged with The Contractor for the maintenance visit.
25.2 The Contractor reserves the right to refuse/withdraw our maintenance services at any time.
25.3 The Client agrees to remove dog/cat waste/hazardous waste/litter from any areas The Contractor will be working in prior to our visit.
25.4 It is The Client’s responsibility to ensure any children’s play equipment or other garden furniture/obstacles are moved off the area you wish The Contractor to work on.
25.5 For your own and our safety please ensure that your pets/young children are kept indoors whilst we are working on your property.
25.6 MAINTENANCE STAFF & LANDSCAPERS

(a) All our staff are fully trained and are up to date with their Health & Safety training.
(b) Your visiting landscaper will be adhering to strict deadlines and timings, so if you would like a particular task to be completed during a visit, please ensure we know this in advance.
(c) Your visiting landscaper will not carry out extra work free of charge. We are always happy to include a new garden task for you upon our next visit, although a fee will be incurred for any extra time spent at your property.

25.7 DELAYS OR DISRUPTION

(a) The Contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall The Contractor incur any liability to The Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond their reasonable control.

25.8 CANCELLATION OF VISITS

(a) The Client should aim to give 30 days notice prior to the work ‘start date’ if they wish to cancel the proposed visit. These 30 days include weekends.
(b) Any materials that have been purchased on behalf of The Client, or any other unrecoverable costs in respect of commitments made during that period e.g. Machine hire contracts, will be charged to The Client. 
(c) Notice of cancellation must be made as soon as possible by The Client, by telephone, text message, or via email to info@jplandscapes.co.uk.

25.9 PAYMENT

(a) All accounts/invoices/bills are payable once invoiced. Invoices will be sent out on the day of completion, due within 7 days from the date sent, unless otherwise stated.