1. Scope of the Work
1.1 These Conditions shall be deemed to be incorporated into any contract between the Client and London Landscapes and shall take precedence over any other terms and conditions (unless identified and agreed in writing by the Client/ London Landscapes), and any deletion, substitution or amendment to the Conditions shall not take place unless agreed in writing by London Landscapes and the Client.
1.2 “London Landscapes” refers to London Landscapes Ltd, South Woodford and “the Client” to the person’s having the work undertaken.
1.3 If there is any inconsistency between the specification and the drawings, the specification shall prevail. “Specification” refers to the itemised scope of works outlined within the estimate and further written correspondence. “Drawings” refer to any visualisation or model issued to the client.
1.4 London Landscapes shall carry out all landscape work as described in the Contract Document in a good and workmanlike manner. Should any inconsistencies be found between the contract documents, these are to be highlighted and a revised price agreed prior to commencement of works.
1.5 The Client shall obtain all permissions, give all notices and pay all fees required under any Act of Parliament or any regulation or byelaw of any local authority or statutory undertaker having any jurisdiction with regard to the Works and the Client shall indemnify London Landscapes against any claim, proceedings, loss or expense resulting from the Clients breach of the Clause in whole or in part.
1.6 All invoicing issued by ‘London Landscapes’ are to be payable to London Landscapes Ltd; company registration and address are correctly marked on all issued invoices.
1.7 Upon payment of an initial deposit or instructing the commencement of works, the client whose name appears on the estimate agrees to the conditions and terms of this contract, unless previously agreed in writing prior to commencement of the works by the client and London Landscapes.
2. Contract Sum
2.1 The contract sum shall be in the sum stated within the current London Landscapes estimate and no adjustment shall be made to such except as expressly provided in these conditions. “Current London Landscape Estimate” refers to the agreed estimate at the time of cleared deposit payment.
2.2 The estimate shall remain open for acceptance of three months from the date shown. Upon payment of the deposit payment of 30% of contract sum, the Current London Landscapes estimate becomes fixed until completion of works or agreed specification is changed by client request.
2.3 The contract sum shall be treated as fixed price for a period of three months from the date shown. Thereafter, the contract sum shall be adjusted in accordance with clause 2.4.
2.4 This clause shall apply if clause 2.2 has been deleted and otherwise only after the period specified in clause 2.3 has elapsed. The contract sum shall be deemed to have been calculated upon the cost of labour, plant, materials, transportation, taxes, duties and levies of whatsoever kind (but exclusive of Value Added Tax), current at date of estimate and shall be adjusted to take account of any increase or decrease in the wage rate, hire charges, price of materials, transport charges, statuary taxes, duties and levies and any other costs and charges arising from any cause.
2.5 Variation of the design, quality or quantity of work required by the client must be in writing and, if accepted by London Landscapes, shall be carried out at the prices normally charged by London Landscapes at the date of acceptance of the variation. Such amounts shall be added to the contract sum and London Landscapes shall be entitled to include such amounts in any invoices issued to the client under the provisions of clause 3. Site personnel have no authority to act for London Landscapes in receiving instructions, accepting variations or agreeing and amendment of these conditions.
2.6 If the client requests extra works when the team are on site these works will be charged at £35 per hour per person plus VAT plus the cost of materials and or waste removal. This does not cover electrical works, an estimate will be provided for any additional electrical works requested.
3. Commencement, completion, delay and disruption
3.1 The client shall give full possession of the site together with property and adequate access on a date to be agreed by the client and London Landscapes.
3.2 London Landscapes shall take possession on an agreed date or as near to that date as possible and proceed with due diligence and complete all agreed works. Completion shall mean the completion of all essential aspects of the works set out in the contract documents.
3.3 Notwithstanding clause 3.2, time is not the essence of this contract and London Landscapes shall not be liable for any loss, cost or damage of whatsoever kind arising out of or as a consequence of its failure to perform or complete the work as provided by reason of matters beyond London Landscapes control which it could not have reasonably foreseen at the date of this estimate.
3.4 If London Landscapes is hindered or delayed in the execution or completion of the work by matters noted in the clause 3.3, London Landscapes may extend the time for such execution or completion by such period or periods as in exercise of its absolute discretion it shall deem appropriate.
3.5 To the extent that disruption and/or delay to the execution and/or completion of the work arises as a consequence of some interface, act, omission, default, neglect, instruction or variation of the client, his servants or agents, or others for whom the client is or may become responsible, London Landscapes shall be entitled to payment of such loss and/or expense as may arise directly or as a consequence thereof and the contract sum shall be adjusted accordingly. London Landscapes shall be entitled to include such amounts in any invoice or invoices issued to the client under clause 3.1.
3.6 If any money or payment for extra work associated with either the site and/or garden room is retained and/or withheld by the client then all guarantees and warranty is deemed instantly null and void.
3.7 If there are parking restrictions at the property, then this will be at the client’s expense. Ideally a permit can be supplied for the duration of the works. Where pay and display parking is required, we, London Landscapes, will charge the client an additional 20% admin charge on top of the hourly rate. For example, if the parking is £1, we will charge £1.20 per hour. We will have one van on site for the duration of the project and at certain times there will be additional vehicles which will also require parking. The additional vehicles may include the electrician, the plumber and an additional team as and when necessary including when heavy materials need to be loaded/removed from site.
4. Maintenance after Completion
4.1 Following completion of the works the client shall be responsible for the correct and proper maintenance of the site. This applies equally to irrigation of installed planting and other soft landscape factors.
4.2 If any remedial works are necessary after completion then London Landscapes will be given the opportunity to carry out these works at their earliest time. If the client or a third party has carried out such works then London Landscapes cannot be held responsible in any way. This includes; the pruning and/or lopping of trees and shrubs, moving/replanting of previously planted shrubs or trees, adjustment, re-laying, repairing, repointing of any paving, walling or fencing, moving or adjustment of boulders, liners, pumps and filters connected to water features, adjustment of lighting or electrical cables, adjustment or repair of irrigation pipes and sprinklers.
4.3 London Landscapes cannot be held responsible for any effects due to shale, sandy soil, clay soil, ground heave, ground movement, ground frost or damage from roots of trees or shrubs.
4.4 London Landscapes cannot be held responsible for the effects of clay ingress into new soil.
5.1 Without prejudice to its other rights and remedies, London Landscapes may give written notice to the client or to any person in whom the contract may have become vested, forthwith determine its employment under the contract by reason of any one or more of the following:
a) Failure by the client to observe the provisions of clause 3 hereof and/ or
b) The customer becoming insolvent or committing any act of bankruptcy or, being a company, making an arrangement with its creditors, or (other than for the purposes of amalgamation or reconstruction) the commencing of winding up proceedings or the appointment of a receiver and/or
c) Failure by the client to give access to the site under clause 3.1 and/or
d) Breach of the clients warranty under clause 6.1 and/or
e) Suspension of the works in whole or in part, for a period of five days, whether or not consecutive, due to any act, omission or default of the client or anyone for whom the client is responsible provided that the contract shall have stated the default alleged in written notice and the client shall have failed to rectify the default within five days of the date of such notice and provided further that the notice of determination shall not be given unreasonably or vexatiously
5.2 Following and determination under clause 5.1, London Landscapes shall be entitled to be paid the value of all work carried out and materials both supplied and not supplied but for which London Landscapes is legally obliged to pay and the amount of any loss and/or damage caused to London Landscapes as a result of such determination and the contract sum shall be adjusted accordingly. London Landscapes shall be entitled to include such amounts in any invoices issued to the client under the provisions of clause 3.
6. The Site
6.1 The client warrants that the site is free of springs, flooding, underground streams, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drain foundations and sub-structures of former buildings or other hazards or obstructions which are not reasonably apparent by visual inspection of the surface of the site or which have not been made known in writing by the client to London Landscapes prior to the date of the estimate.
6.2 London Landscapes cannot under any circumstances be held responsible if any item listed within clause.1 has an immediate, or post works completion, effect upon the competed works.
6.3 Without prejudice to his other rights and remedies, if the client is in breach of the warranty under clause 6.1 London Landscapes may proceed with the works and shall be entitled to reasonable payment for any additional work and/or materials caused by the breach. Such amount shall be added to the contract sum. London Landscapes shall be entitled to have free access to power and water.
6.4 London Landscapes will provide a portaloo, we will not use your toilet facilities, unless we have agreed otherwise.
7.1 Materials supplied by London Landscapes shall be at the clients risk immediately upon delivery to the site.
7.2 Materials supplied by London Landscapes shall be of sound quality and purchased from reputable merchants. If any materials are deemed to be defective once the works are completed then the client shall take this up with the supplier.
7.3 Until full payment has been made by the client to London Landscapes for the correct estimate amount, all materials and goods shall remain the sole property of London Landscapes.
7.4 London Landscapes shall have the right of entry onto site for the purpose of retrieving its materials and for any other purpose under clause 8.
7.5 All turf, plants and trees, seeds, bulbs and the like supplied will be true in name and health when planted subject to any substitutions necessary due to non-availability. London Landscapes shall not be responsible for loss after planting from whatsoever cause. Replacement of any of the aforementioned found to be defective during the growing season after planting shall be at the absolute discretion of London Landscapes. Replacement will not be considered unless the items have been maintained properly and the client shall have notified London Landscapes in writing as soon as the loss became apparent and London Landscapes shall have been afforded the opportunity to inspect.
7.6 Any grass seed supplied shall have been tested and shall conform to current EEC regulations. The client acknowledges that sward (Expanse of short grass) cannot be made in one season and several seasons and careful cultivation, weeding and feeding are essential and that no land is free from weeds and that accumulated weed growth and dormant weed seed cannot be eradicated in full cultivation. When undertaking cultivation of land London Landscapes shall have no liability for subsequent weed growth.
Please ensure that you have carefully read through all the items that we have given you a cost for in the estimate and ensure that there is nothing we have missed out. We (London Landscapes) have done our very best to remember all of the works that have been discussed. If there are any items that have not been written in our estimate then please do not assume that these have been allowed for within our costs.
8. The Proper Law of the Contract
8.1 This contract shall be construed in accordance with English Law.