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Terms and Conditions

Terms and Conditions Created:  18th June 2019    Last Updated:  17th April 2021

These terms and conditions shall apply to, and are incorporated in any quotation, and shall apply unless expressly modified or excluded in writing by DJ Landscapes & Property Maintenance, hereby known as ‘The Contractor’. The customer, either a company or individual, is hereby known as ‘The Client’.

1.  Scope of Work

1.1  The Contractor shall carry out and complete the work described in the quotation documents in a good and professional manner. The Contractor has no obligation to carry out additional works and further details can be found under section 3. Variations and Extra Works of these terms and conditions.

1.2  The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements. If requested, The Contractor can assist in obtaining requirements of planning permission with the local authority.

2.  Quotation

2.1  The quotation is valid for a period of thirty days (30) from the date shown on the quotation and will expire automatically.

2.2  The Contractor reserves the right to extend the contract should the date for completion become unachievable for reasons wholly or partly beyond their control, for example, unforeseen issues with ground, tree roots or hidden drains, this list is not exhaustive. The Client will be informed of this as soon as possible and a new date of completion will be set.

2.3   The quotation is based on conditions known at the time of the initial site visit. Any additional works or costs outside of the scope of works due to unknown difficulties and/or changes will be discussed with the Client to agree terms.

2.4  Acceptance of the quotation involves acceptance of these terms and conditions and acceptance of the terms in the general guarantee document. This enters The Client into a binding contract with The Contractor. 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.

2.5  All quotations received are inclusive of VAT charged at the standard UK rate of 20%. This is detailed in all quotation documentation sent to The Client.

3.  Variations and Extra Work

3.1  Any variations to the works specified in the quotation will only be undertaken when agreed between The Contractor and The Client. Instructions should be given in writing (unless agreed with by The Contractor) and in most circumstances oral instructions will not be accepted. The price of any additional work will be based upon costs prevailing at the date of the instruction. The decision to take on extra work lies solely with The Contractor and the contractor may refuse to complete extra work outside of initial scope.

4.  Payment

4.1  The Client accepts that they will pay to The Contractor the contract sums together with any Value Added Tax (VAT) properly chargeable upon the contract sum. Any VAT chargeable will be detailed in the initial quote.

4.2  Upon acceptance of a quotation, where the total quoted works is below one thousand (1,000) pounds (GBP) a non-refundable deposit of one hundred (100) pounds (GBP) plus VAT will be requested at the quote acceptance stage. Where the total quoted work is over one thousand (1,000) pounds (GBP) a non-refundable deposit of two hundred and fifty (250) pounds (GBP) plus VAT will be requested at the quote acceptance stage.

4.3  Any non-refundable deposit payment that is made will be deducted from The Clients initial payment when it is requested. Initial payments are requested approx. 4 weeks prior to any works commencing.

4.4  Upon receipt of the non-refundable deposit The Contractor is able to confirm that The Client has work booked in with The Contractor and will provide a starting date. This date is subject to change due to potential delays caused by material, weather and/or in the unlikely event that previous works overrun, this list is not exhaustive.

4.5  Upon acceptance of a provided quotation, where work is quoted to take up to five (5) days. The Contractor will;

  • Request payment of the costs of materials, waste, plant hire and 10% of quoted labour charges plus VAT approx. 4 weeks prior to the works starting.
  • The remaining 90% of labour charges plus VAT, will be payable on completion of the works.

4.6   Where quoted work is scheduled to take longer than five (5) days but no more than ten (10) days, The Contractor will;

  • Request payment of the costs of materials, waste, plant hire and 10% of quoted labour charges plus VAT approx. 4 weeks prior to the works starting.
  • On day five (5) of the works The Contractor will request 40% of the remaining labour charge plus VAT, from The Client.
  • The remining 50% of labour charges plus VAT, will be requested upon completion of the works.

Any additional payment will be deducted from the total remaining labour charges (i.e. 10% paid as the initial payment, 40% paid at day five (5) will leave 50% of labour charges remaining upon completion).

4.7   Where quoted work is scheduled to take longer than ten (10) days The Contractor will;

  • Request payment of the costs of materials, waste, plant hire and 10% of quoted labour charges plus VAT approx. 4 weeks prior to the works starting.
  • On day five (5) of the works The Contractor will request 25% of the remaining labour charges plus VAT from The Client.
  • On day ten (10) of the works The Contractor will request a further 25% of the remaining labour charges plus VAT, from The Client.
  • The remaining 40% payment plus VAT, will be requested upon completion of the works.

Any additional payments will be deducted from the total remaining labour charges (i.e. 10% paid as the initial payment, 25% paid at day five (5), 25% paid at day ten (10) will leave 40% of labour charges remaining upon completion).

4.8  In the event whereby the work is delayed, or overruns specified payment dates, the Contractor reserves the right to request an additional partial payment for labour provided. Any partial payment totals will be deducted from the Clients remaining charges due at the end of the contracted works.

4.9  All accounts are net and do not allow for any discounts or retentions unless otherwise agreed. In most circumstances any discounts will be detailed on the quotation document.

5. Cancellation

5.1  In the event that The Client decides to cancel the contract between Contractor and Client, the Client understands that any deposits made are non-refundable.

5.2  Where the Client decides to cancel the contract and an initial payment has been made the Client accepts that as a result of the cancellation, handling and restock fees that are charged to the Contractor from suppliers will be deducted from the initial payment total made prior to a refund being processed.

6.  The Site

6.1  The Client agrees to the best of their knowledge that the site is free from springs, flooding, rock, tree stumps (not specified to be removed), covered wells or other cavities, 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, have been made known in writing to The Contractor prior to the submission date of the quotation. The Contractor is entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.

6.2  Proper and adequate access to the site must be made available by The Client to The Contractor to enable the work to be carried out in a regular and timely manner. Should the Contractor require access via a neighbouring property any costs following the works to make good (e.g. cleaning etc.) should be borne by the Client.

6.3  If access to the work area is through the Clients property (e.g. via a garage or side room) the Contractor will scope housing protection at a cost to the Client and will take precautionary measures to mitigate any risk of damage. In the event damage is caused, the Contractor is not liable for any damage caused.

6.4  The Client will be required to provide access to water, electricity, and toilet facilities 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. In the event the customer does not provide access to electric or water and as a result, delays are caused, the Contractor takes no responsibility for the delays.

6.5  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.

6.6  The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.

7. Delay or Disruption

7.1  The Contractor aims to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall The Contractor incur any liability and/or cost for any untimely performance or delays arising from unforeseeable circumstances (e.g., tree roots, unusually hard ground etc.), adverse weather conditions or events beyond The Contractors reasonable control, this list is not exhaustive.

7.2  Where the Contractor has concerns about quality of material due for delivery the Contractor reserves the right to delay or refuse deliveries and the completion of works until concerns with quality are rectified or alternatives are sourced.

8. Materials on Site

8.1  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. Any additional materials required following damage, loss or theft shall be at the Client’s expense.

8.2  If the Client would like to retain any materials that prove to be in excess of the Contractor requirements, for any reason, they are entitled to do so. The Contractor can remove excess materials for the Client at no cost to either party. The responsibility for the correct disposal of any materials left behind becomes the sole responsibility of the Client.

9. Maintenance

9.1  The responsibility for the proper maintenance of the site passes to The Client upon completion of the Works unless otherwise agreed in writing.

9.2  Ensuring correct maintenance of any materials, plantings or turf is the responsibility of The Client. At any time, The Client can contact The Contractor for free advice on the best way to do this. Any requirements from The Client for The Contractor to visit the property and undertake maintenance work will incur cost payable.

10. Warranties

10.1  The Contractor provides a limited twenty-eight (28) day general guarantee for all works completed. Terms and details of this guarantee are available online and a hard copy can be requested at any time.

10.2  The Contractor guarantees that all plants and trees supplied are healthy when planted. Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond The Contractor’s control.

10.3  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.

11. Rude and Offensive Behaviours

11.1   The Contractor has a zero-tolerance approach to any rude or offensive behaviours. In the event that the Contractor is subject to rude, abusive, or offensive language/behaviours via any form of communication (e.g., e-mail, telephone, Facebook etc.) from the Client or any person at the Clients property, the Contractor reserves the right to stop work and invoice for charges up to that point.

12. General Data Protection Regulations (GDPR)

12.1  The Contractor will take pictures of the Clients garden/area of work in order to provide quotations, assess conditions and market finished works. Any pictures will be dealt with as per our Privacy Policy and in line with GDPR. Any concerns about data protect and how we handle your data should be directed to privacy@djlandscapes.co.uk.

Our terms and conditions are written, regularly reviewed and the details of these terms and conditions are subject to change without consent.
You can learn more about what terms and conditions are and why they are used on WebsitePolicies.com.

These Terms and Conditions are the property of DJ Landscapes and Property Maintenance and must not be plagiarised and are subject to the regulations of the
Copyright, Designs and Patents Act 1988. Any attempts to copy these Terms and Conditions is a breach of regulation and DJ Landscapes and Property
Maintenance reserve the right to take legal proceedings if required.

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