"The contractor" is The Cambridge Landscaper LTD registered office 79 Perne Road, Cambridge CB1 3SB, UTR no: 1424324379, Company no: 13382664, VAT no: 380 1156 23
1. Scope of Work
1.1 The Contractor shall carry out and complete the landscape work described in the estimate document in a good and workmanlike manner. They shall have no obligation to execute any further work unless agreed in writing between the parties of the contract. If there is any discrepancy between any specification and any drawing then the description contained in the specification shall prevail over the drawing. There is detailed in our quotes and bills all measurements such as square and linear meterage, and quantities of material as well as labour days and number of operatives to install, remove and clear material as well as cleaning time and any logistical requirement related to the specification.
In circumstance that a change order is required to meet the expectation of the drawing or client expectation the client will pay for any extra materials and labour. This is the purpose of detailing all the materials and labour to prevent mis understanding on more complex projects.
1.2 The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements for all projects. Please be aware of heights of fencing, boundary conflicts for fencing, blocking light for neighbours under the right to light laws, tree preservation orders, blocking visual requirements for safe entry and exit of driveways.
1.3 It is the clients responsibility to communicate with the neighbours in regards to planned works as any conflict and waiting time for teams on site will be charged at £35 per hour per operative on top of the quoted price.
2. Quotation & cancellations
2.1 The quotation is valid for a period of thirty days from the date shown in the quotation and thereafter lapses automatically unless the works have already begun. This is due to the fluctuation of prices in the market and the nature of the current economy.
2.2 The Contractor reserves the right to move the date on the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond their control. This is the nature of our business due to weather and clients adding elements to their projects.
2.3 The quotation is based on conditions known at the time of viewing. The client agrees they will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate. Any change order will be approved by the client and they will be given the opportunity to cancel the change order. Please understand that despite best efforts we can not predict what is in the ground.
2.4 Acceptance of the estimate involves acceptance of these terms and conditions and will lead to a binding contract between the parties. It should be noted that any attempted or any actual cancellation thereof by the Client may involve the Client in a claim for recovery by the Contractor of any loss or expense incurred as a result, including a claim for loss of profit.
2.5 Upon cancellation of projects as per law we charge in line with law a reasonable rate of £50 per hour for any site visits, and the same rate for any travel time and quote building time taken on the initial free site visits which is done in good faith. Any return of materials or re-stocking fee if incurred by the company will also be passed on as a reasonable loss plus labour time to return materials or any labour to prepare the project will be charged to the client as deemed reasonable to prevent loss relating to the cancellation. All of these factors will be considered when a project is cancelled and the deposit will refunded less these fees.
2.6 If you require to cancel the project please do let us know in good time as we schedule the materials a few days before we arrive as well as explain the project to the team leaders. This will prevent disappointment with steep cancellation fees for restocking typically 10-20% or storage fees of materials collected for the project typically around £300 for larger projects plus any labour for the teams to collect charged at our advertised base rate of £35 per hour plus VAT.
3.1 Variations to the Works as specified in the quotation will only be undertaken when agreed between the Contractor and the Client and upon instructions given in writing by the Client to the Contractor. It should be noted that site personnel have no authority to alter the contract in any way. You must contact Phillip Ellis or the appointed project manager. The price of any additional work will be based upon costs prevailing at the date of the instruction. The client will be given an opportunity in writing to cancel any additional works. We call this a change order and is clearly explained in our explainer video and documents sent.
4.1 The client accepts that they will pay to the contractor the contract sum together with any Value Added Tax properly chargeable upon the contract sum.
4.2 All accounts are net and do not provide for any discounts or retention percentage unless otherwise agreed.
4.3All accounts are payable within seven days from date of invoice other than the arrival invoice and the 5% booking fee. Interest will be charged from the due date of payment of all invoices at 5%above the Contractor's Banker's Base Lending Rate per annum until actual payment.
4.4 The payment schedule shall be as follows unless otherwise agreed;
For quotations less than £15,000 in value
A non-refundable deposit of 5% of the original quotation shall be paid by the Client to the Contractor upon acceptance of the quotation by the Client.
A stage payment of 45% of the original quotation shall be made by the Client to the Contractor upon commencement of work.
For quotations more than £15,000 in value (subject to vary on each individual project)
A deposit of 5% of the original quotation shall be paid by the Client to the Contractor upon acceptance of the quotation by the Client.
A stage payment of 20% of the original quotation shall be made by the Client to the Contractor upon commencement of work.
Two further stage payments of 25% shall be made when requested in writing by the contractor.
4.5 All materials remain the property of The Cambridge Landscaper LTD until the account has been settled in full.
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. The client will be given the opportunity to cancel any additional works via the change order request in writing.
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, electricity and toilet facilities wherever possible for use by the Contractor in carrying out the work agreed. The provisions of these services and facilities shall be at the sole cost of the client. We are awake of the COVID-19 situation and are considerate to clients at this time.
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. This is due to the nature of the business that we run such as heavy duty clearance.
5.6 The Contractor shall be free from any liabilities, structural or accidental, when the client or the clients pets walk on paving that has been recently laid. A reasonable charge will be requested by the change order process.
6. Delay or Disruption
6.1 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 his reasonable control.
7. Materials on Site
7.1. Materials delivered to site become the responsibility of the Client and the Contractor accepts no loss, damage or expense after delivery of the materials to site for any reason.
7.2 All materials brought to 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 site. Any additional materials required following damage, loss or theft shall be at the Client's expense.
8.1 The responsibility for the proper maintenance of the site passes to the Client upon completion of the Works unless otherwise agreed in writing.
9.1 The Contractor guarantees that all plants and trees supplied are inherently healthy when planted. Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond the Contractor's control. Please water your turf and plants as well as offer nutrients as required. Please see our advice on our soft landscaping web page for advice.
9.2 The Contractor guarantees that grass seed supplied has been tested and conforms with current EC regulations. It should be understood that a sward cannot be made in one season and seed cannot be eradicated when the Contractor undertakes to cultivate land. The Contractor cannot therefore take responsibility for subsequent weed growth.
9.3 The Contractor accepts no liability for any negligent act or omission or any default under this contract, save for injury or death caused by the negligence of the Contractor.
9.4 The Contractor accepts no liability for faulty materials that occur after installation if the contractor has installed them correctly under British guidelines as advertised in our FAQ section on the website. The warranty is provided by the manufacturer or appointed distribution arm. For example if fencing bowes due to weather conditions and or wet - wood is a natural product as are many of the products we install, stone, porcelain, concrete, render is manufactured to weather and fade in colour, therefore we can not offer warranty on these products other than if there has been a installation technique not delivered with due care and attention to current standards.
9.3 The contractor does not offer any warranty unless otherwise stated in the invoice or bill of quantities.
10.1The client agrees for photos to be used in the online portfolio and these become the property and all legal rights to The Cambridge Landscaper. We take video and photo throughout the project for marketing purposes. We give our clients the opportunity to sign off the footage for promotion. We do not how any personal information such as door numbers, identify the street, neighbours properties, and will be careful when filming to protect people privacy.
10. Termination due to client behaviour
We will not tolerate aggressive or rude behaviour, racism, nationalism, sexism, homophobia or ageism directed towards any of its staff, sub contractors or trades people and reserve the right to terminate the project at any time in this event. Neither The Cambridge Landscaper LTD nor any of its affiliates or agents shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of our inability to complete the work specified or by invoking this clause.
This contract shall be regarded as an English contract and shall be construed and the rights of the parties and all matters arising hereunder determined in all aspects according to the Law of England and Wales.
13. Other terms
In larger projects (£50k plus) we specify our terms and payment schedules using a different template of terms and conditions and these terms become obsolete.