Terms and Conditions
Elizabeths Gardens
Terms and Conditions of Contract
1.0 DEFINITIONS
1.1 “Client” means the individual who buys or agrees to buy goods or services from the Contractor and
who will be responsible for all payments to the Contractor.
1.2 “Contractor” means, Elizabeths Gardens.
1.3 “Contract” means the contract between the Contractor and the Client for the purchase of goods
and services incorporating these Terms.
1.4 “Goods” means the goods and materials supplied by the Contractor.
1.5 “Services” means the landscaping services supplied by the Contractor.
1.6 “Terms” means the terms and conditions set out in this document and any special terms and
conditions agreed in writing by the Contractor.
2.0 CONTRACTS
2.1 Nothing in these Terms shall affect the Client’s statutory rights as a consumer.
2.2 The prices in any estimate or quotation issued by the Contractor shall be valid for 12 months.
2.3 A Contract will be formed when:
2.3.1 the Client accepts the Contractor’s quotation within the period of validity; or
2.3.2 the Client places an order for Goods and/or Services which the Contractor accepts in
writing in which case the Client is responsible for ensuring the accuracy of the order and
for checking that the Contractor’s confirmation is correct.
2.4 All Contracts shall be subject to these Terms which shall prevail over any other documentation or
communication from the Client.
2.5 No variation to these Terms shall be binding unless agreed in writing by the Contractor and the
Client.
2.6 Any errors or omissions in any sales literature, estimate, quotation, price list, order confirmation,
invoice or other documentation or information issued by the Contractor can be corrected in
consultation with the Client.
3.0 PRICE AND PAYMENT
3.1 The Client agrees to pay the Contractor the price due under the Contract together with any
applicable VAT.
3.2 Unless otherwise agreed the Contractor’s invoices are payable within 30 days of
the date of the invoice.
3.3 For contracts with a value more than £4000.00 excluding VAT, a deposit of 10% of
the total cost is to be paid on entering the Contract and the Client will make progress payments in
accordance with the payment schedule agreed by the parties.
3.4. If there is any snagging work to be done following practical completion of the work the Client may hold a retention of 10% of the total price (or such other sum as the parties may agree) but,
subject to this, the remainder of the total price must be paid in full on practical completion. The
retention shall be paid on satisfactory completion of the work on the agreed snagging list.
3.5 If the Client fails to make any payment by the due date the Contractor may;
3.5.1 cease work on the Contract and remove all unused materials from the site; and
3.5.2 charge interest on the overdue amount at the rate of 4% per annum above the Bank of
England’s base rate from time to time.
4.0 RISK AND TITLE
4.1 The Goods shall be at the Client’s risk from delivery.
4.2 Title (ownership) in the Goods will not pass to the Client until the Client has paid for them in full.
5.0 CONTRACTOR’S OBLIGATIONS
5.1 The Contractor agrees to use Goods that are suitable for their intended purpose. All Goods
delivered to the site become the responsibility of the Client and the Contractor accepts no liability
for loss or damage to the Goods after delivery unless directly caused by the Contractor.
5.2 Goods in excess of the Contract requirements remain the property of the Contractor and will be
removed from site upon completion of the Contract.
5.3 The Contractor will be responsible for the safe and legal disposal of all rubbish and debris arising
from the Services.
5.4 The Contractor will be responsible for the safe storage and positioning of equipment and materials on the site at all times.
5.5 The Contractor will carry out the work in accordance with health and safety regulations and will
take all reasonable steps to minimise environmental disturbance, nuisance and pollution.
5.6 The Contractor will carry out and complete the Services in a good and workmanlike manner.
5.7 The Contractor will not accept responsibility for damage to the Client’s premises arising from third parties employed by the Client. The Client will be liable for any damage to the work carried out by the Contractor and any delay to the Contract caused by third parties employed by the Client.
5.8 The Contractor will make arrangements for staff welfare facilities unless otherwise agreed with
the Client.
5.9 Electrical work is not covered by the Contract unless agreed in writing.
6.0 CLIENT’S OBLIGATIONS
6.1 The Client confirms that the site is free from hazards or obstructions which are not discoverable
upon visual inspection of the surface of the site or made known in writing by the Client to the
Contractor prior to submission of the Contractor’s estimate or quotation.
6.2 The Contractor cannot be held responsible for any unseen hazards or obstructions and any costs
incurred by the Contractor as a result of unforeseen hazards or obstructions will be subject to an
additional cost which will be agreed with the Client in advance (unless this forms part of the
professional services provided by the Contractor, e.g. tree root investigation).
6.3 If the Client does not agree to any reasonable variation to the Contract made necessary by an
unforeseen hazard or obstruction in order to complete the Contract and to satisfy any health and
safety requirements, the Contractor will be entitled to discontinue the work with immediate
effect and the Client will pay the Contractor for the work carried out and any expenses incurred
by the Contractor.
6.4 The Client must provide reasonable access to mains electricity and water on the site. The cost of
providing electricity and water will be borne by the Client.
6.5 The Client will allow the Contractor access to the site within the agreed working hours and
throughout the period of the Contract.
6.6 The Client is responsible for obtaining any necessary consent for the work to be carried out by the contractor and for ensuring that the implementation of the work is in accordance with any
relevant statutes, regulations or by-laws.
6.7 The Client warrants that he/she is the owner of the site or is authorised by the owner of the site
to enter into the Contract.
7.0 DELAYS
7.1 The Contractor will give the Client an estimate of the duration of the Contract. The Contractor
shall not be liable for any delays or failure to perform any of its obligations due to circumstances
beyond the Contractor’s reasonable control such as acts of God, strikes, accidents, war, fire,
breakdown of plant or machinery, shortage or unavailability of materials from a natural source of
supply, adverse weather or adverse or difficult site conditions not reasonably foreseen by the
Contractor. In any such circumstances the Client and Contractor will allow a fair and reasonable
extension of time.
7.2 If the Client wishes to postpone the start date under the Contract less than 4 days before hand the contractor reserves the right to charge the Client a short notice delay fee not exceeding 10% of the price due under the Contract.
8.0 PLANTING MATERIAL
8.1 The Contractor does not accept responsibility for the well being and maintenance of plant
material and turf following completion of the Contract although it will provide care notes for the
Client to assist with the maintenance of living material. Upon completion of the Contract
responsibility for the care and maintenance of all living material is handed over to the Client.
8.2 Maintenance of living material is not included in the Contract unless agreed in writing.
8.3 If plant material specified in the Contract is unavailable the Contractor will suggest suitable
alternatives. The Client has the choice whether to accept the alternative plant material.
9.0 COMPLAINTS
9.1 Any complaint that the Client has arising from the Contract must be reported to the Contractor in writing within 7 days of completion of the Contract or such other period as is reasonable in the
circumstances. If not so reported the Client will be liable for the full amount of the Contractor’s
invoice.
9.2 The Contractor will properly investigate any complaint in accordance with the complaint
procedure recommended by the Association of Professional Landscapers. A copy of this procedure
can be obtained from The Association of Professional Landscapers, Horticulture House, 19 High
Street, Theale, Reading, Berkshire RG7 5AH.
9.3 If the Contractor’s work is faulty then the Contractor shall re-perform the Services to remedy the fault at no extra charge to the Client.
9.4As a Norfolk Trusted Trader member we are covered by an alternative dispute resolution process.
You can refer your complaint to the Centre for Effective Dispute Resolution (CEDR) for an independent decision to be made. CEDR is an independent dispute resolution provider, approved by the Chartered Trading Standards Institute, to adjudicate disputes between companies and their customers which haven't been resolved through the company’s own complaints procedure. The service is called the Independent Adjudication for Customers scheme and details can be found on the CEDR website at cedr.com/consumer/
You will incur no cost for using CEDR.
10.0 COPYRIGHT
10.1 Unless otherwise agreed in writing the copyright in all original designs, drawings, specifications,
photographs and written material produced by the Contractor remain the property of the
Contractor and the Contractor may use any such material for any promotional or other purposes.
11.0 FORCE MAJEURE
11.1 The Contractor shall not be liable for any delay or failure to perform any of its obligations if the
delay or failure results from events or circumstances beyond the Contractor’s reasonable control,
including acts of God, strikes, accidents, war, fire, breakdown of plant or machinery or shortage
or unavailability of materials from a natural source of supply. In such event the Contractor shall
be entitled to a reasonable extension to its obligations.
12.0 TERMINATION
12.1 The Contractor may terminate or suspend the Contract with immediate effect by giving written
notice to the Client if the Client:
12.1.1 commits any continuing or material breach of these Terms and, in the case of such a
breach which is capable of remedy, fail to remedy it within 7 days of the Contractor’s
written request to do so;
12.1.2 makes any voluntary (or similar) arrangement with his/her creditors, is declared bankrupt
or is subject to insolvency proceedings;
12.1.3 fails to pay any amount due under the Contract on the due date.
13.0 GENERAL
13.1 This Contract is governed by the laws of England and any dispute arising under or in connection
with it shall be subject to the non-exclusive jurisdiction of the English courts.
13.2 The Contract shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.3 The Client may not assign or transfer the Contract to any third party except with the Contractor’s consent.
13.4 Any notice or other information to be given under these Terms should be sent by first class pre-
paid post to the other party or by email (provided it is supported by a valid server delivery
receipt). The notice will be treated as been received 2 days after the date of sending.
13.5 No waiver of any breach of these Terms shall be valid unless made in writing and signed on behalf
of the Contractor.
13.6 If any provision of the Contract is declared by any judicial or other competent authority to be
unenforceable, the remaining provisions of the Contract will remain in full force and effect.
14.0 ACCEPTANCE
14.1 It is important that the Client reads and understands these Terms before signing the Contract
because, subject to clause 15, they will bind the Client once he/she has signed.
15.0 CANCELLATION
15.1 The Consumer (Information, Cancellation and Additional Charges) Regulations 2013 will apply to
the Contract unless the Contract was concluded at the Contractor’s business premises.
15.2 The Client may cancel the Contract at any time within 14 days of the date it was entered (as
described in clause 2.3). Information about the Client’s right to cancel and a form of cancellation
notice is provided with these Terms.
15.3 Subject to clause 15.4, where the Client exercises his/her right of cancellation in accordance with
clause 15.2 the Contractor will reimburse all payments received from the Client under the
Contract.
15.4 If the Client confirms in writing that he/she wants the Contractor to proceed with the Contract
before the end of the cooling off period referred to in clause 15.2, the Client must pay any costs
and expenses the Contractor has reasonably incurred in doing so up to the date when it receives
the notice of cancellation. To the extent that the payments received from the Client exceed such
costs and expenses, the Contractor will refund the excess (if any) to the Client.