Terms and Conditions
These terms and conditions shall apply to and are incorporated in any quotation and shall be deemed to apply unless expressly modified or excluded in writing by RDB Landscapes and Groundworks (hereby known as the Contractor). These terms and conditions have been written to produce a transparent transaction, bound by a contract to protect both parties.
1.1 The quotation price is valid for 90 days from the date shown on the quotation and thereafter lapses automatically. If you wish to proceed with your landscaping/groundworks job (hereby referred to as the works) you must let us know before the 90 days expires.
1.2 The quotation is based on conditions known and divulged by the client at the time of viewing.
1.3 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 within the quotation.
1.4 The contractor reserves the right to increase quotation prices with prior notification to the client. This will only relate to factors outside the contractor’s control, leading to a price increase. Examples are – raw materials increase, fuel price increase and minimum wage rate increase.
1.5 Any special conditions of which the contractor has been informed will be noted in the quotation e.g. access issues or neighbour disputes.
1.6 It is the responsibility of the client to ensure the contractor is made aware of any special/statutory bylaws/permissions that may be involved.
1.7 The contractor and their staff accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.
2. Scope of work
2.1 The contractor shall carry out and complete the works described in the quotation document in a professional manner. They shall have no obligation to execute any further work unless agreed in writing between the parties of the contract.
2.2 The contractor values the importance of fostering a good working relationship with clear and open communication with all its clients but please try not to engage in chit-chat with our staff when they are working. They will be using professional heavy/potentially dangerous machinery they need to fully concentrate. They also will be adhering to a carefully planned work schedule. It is important that they pay full attention to any task for theirs and your safety. It is vital that our team utilise their time effectively to keep your job on schedule too.
3. Landscaping work
3.1 The works are as described to the client in the form of a formal quotation; this will always include the total square meterage and descriptions of work to be carried out.
3.2 Works or provision of materials will not take place until the client signs and returns one copy of the contractor’s formal quotation. This will then act as a legally binding document between the client and the contractor.
3.3 The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.
4. The site
4.1 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 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.
4.2 Timely possession of the site and proper adequate access to it must be made available by the client to the contractor to enable the works to be carried out in a regular and economical manner.
4.3 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. Where this is not possible the client should bring this to the attention of the contractor whereupon the contractor may be able to source its own supply of electricity and/or water.
4.4 The client shall be responsible for ensuring the safety of children, family members, pets, animals and visitors at all times whilst work is being carried out on their premises.
4.5 The contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.
4.6 The client will remove and dispose of any pet waste before work begins.
4.7 The client will move any garden furniture/children’s play equipment/garden pots prior to work commencing. In the event the items or objects are not removed when the works commence the contractor cannot be held liable for any loss or damage to such items or objects. Should the client request the contractor to remove such objects and items from the site this will be expressly agreed in writing and form part of the quotation.
5. Quotations/prices given
5.1 Formal quotations are not open to negotiation.
5.2 The contractor’s prices are subject to VAT and accounted for in the quotation.
6.1 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 site for any reason.
6.2 All materials brought to the site that 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.
6.3 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.
7.1 All accounts/invoices/bills are payable upon the day of completion. Interest will be charged from the due date of payment on all invoices at 5% above the contractor’s Bankers Base Lending Rate per annum until actual payment is received/clears.
7.2 Should the client instruct the contractor to obtain permission for a drop kerb from the client’s local authority the fee for this service will be detailed in the quotation together with the fees payable to the local authority. The contractor will complete the necessary paperwork and will liaise with the local authority on behalf of the client in advance of works commencing. All fees in relation to this process will be payable by the client in advance of the permit application being submitted by the contractor on the client’s behalf and works will not commence until the permit is granted and other necessary paperwork is issued by the local authority. The contractor cannot be held liable for any application that is declined by the local authority submitted on behalf of the client.
8. How to pay the contractor
8.1 Payments should be made to RDB Landscapes & Groundworks either by Bank Transfer or with cash. You will always receive a receipt via e-mail for any payments made. The contractor does not accept cheques.
9.1 A 33.3% deposit will be required seven working days before the work date is scheduled to commence. This payment is to pay for materials necessary for the works to be carried out and dates will not be held without this initial payment.
9.2 A further 33.3% payment is to be paid at the mid point of the works project.
9.3 The remaining 33.3% balance is payable upon the day of completion of the works and no later.
9.4 The contractor will confirm the dates for payment in writing once the date for the project has been agreed with the client and the works project booked in the contractor’s diary.
10. What work will be carried out and by whom and who is responsible for what?
10.1 Only the work detailed in the signed quotation will be carried out by the contractor.
10.2 The quotation is a detailed, accurate description of discussions and plans that have been agreed by the client and the contractor.
10.3 All work will be carried out by the contractor’s experienced staff.
10.4 The client shall provide access to the site during the contractor’s normal working hours (8am until 5pm including Saturdays in winter months and 7.30am-5.30pm in the summer months) and storage space for materials and machinery during the works progress.
10.5 Any addition and/or alterations to the already agreed schedule shall be properly treated as variations and subject to written quotations.
10.6 The contractor cannot be held responsible or liable for actions taken by the client against the contractor’s advice or professional opinion.
11. Soft landscaping – anything that is living
11.1 The contractor is not able to accept responsibility for the wellbeing and maintenance of living plant material, including turf, shrubs, trees or plants following delivery/practical substantial completion.
11.2 It is the client’s responsibility to water/feed turf, plants, trees, newly planted shrubs/trees after a landscaping project has been completed. Upon practical substantial completion, the responsibility for the care and watering of all living matter is handed over to the client and will require regular attention until established.
11.3 Any plants, shrubs, trees or living matter purchased or delivered to the site can not be exchanged or returned.
12. Accidental/weather damage to completed hard or soft landscaping
12.1 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 and brickwork, patios and paving.
12.2 Accidental damage caused by the client, client’s family/friends or via a third party who has no connections with the contractor to materials or completed works will be not be covered by the contractor in any circumstances.
12.3 If the contractor accidentally breaks/damages your property or materials the contractor will replace the item(s) or fix the problem.
13. Garden drainage
13.1 The client agrees to make all necessary checks with the Water Board prior to the contractor carrying out any drainage works.
13.2 The contractor assumes that the client has acquired the relevant permission from the Water Board for any drainage works carried out.
13.3 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.
13.4 It is the client’s full responsibility to contact their water supplier to gain permission for any drainage works to be completed. By signing the quotation the client is agreeing they have been granted permission for drainage works to be carried out and linked to their property’s existing drains by their service provider.
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 circumstances 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 the contractor’s reasonable control.
14.2 Weather conditions, including snow, hard frost, extreme rain, excessive heat, drought may cause the delay of a start or completion date of a contract, The contractor will always inform you at the earliest, most convenient time of any such expected delays.
14.3 Staff illness/death of family members may cause unavoidable delays to works projects. If a member of the contractor’s team has an illness or is off work due to an extenuating circumstance that is beyond their control and this is going to affect a start or end date of a project the client will be informed as soon as possible. The contractor will always endeavour to start and complete the works on time.
14.4 Delays caused by companies working on site that have note 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 the client as soon as it is practically possible if they need to alter the client’s start or completion date for any reason.
15.1 The contractor photographs and videos all of their landscaping/groundworks projects before and after. These photographs/videos may be used on the contractor’s website/Facebook business page/Twitter account and other membership websites such as Checkatrader.com and Trustatrader.com. Photographs and videos are used to advertise the contractor’s business and work. All photographs are the property of the contractor. If the client does not wish for photographs or videos to be used by the contractor in this way the client should confirm this to the contractor in writing and before works commence.
15.2 All photographs sent to the contractor will become the property of the contractor and may be used on the contractor’s website and other social media.
16. Additional work
16.1 Work that is not included within the original quotation(s) and that are later requested by the client, or client representative will be treated as additional works. The contractor will always try to carry out additional works you request at the same time as the ongoing works 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 deposit received, the contractor will be happy to undertake the extra works requested.
17. Machinery, tools and fuel
17.1 Unless clearly specified by the client, the contractor will provide machinery, tools and fuel to undertake woks that are detailed in the quotation.
18. Cancellation of contract
18.1 The notice period for cancellation of work is fourteen clear days (inclusive) prior to the agreed date for works to commence.
18.2 Any unrecoverable costs incurred in respect of commitments made for materials and/or labour during that period will be charged in full to the client. The contractor will also retain any deposits paid to cover their losses.
18.3 Notice of cancellation must be made as soon as possible, initially by telephone and then supported by written confirmation from the client and is not valid until receipt has been acknowledged by the contractor.
19. Termination of contract
19.1 The contractor may terminate the works project immediately if:
19.1.1 The client commits a material breach of their obligations under these terms and conditions; or
19.1.2 The client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
20. Customer care policy
20.1 The contractor is proud of the value and the quality of the services it provides.
20.2 If the client is not fully satisfied with any part of the contractor’s works then please inform the contractor immediately in writing.
20.3 The contractor treats their client’s concerns and comments as constructive and positive feedback and can only improve their services if informed of any shortcomings.
20.4 The contractor will investigate and respond within to the client’s concerns within 14 working days.
The contractor is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to the contractor in writing or apparent on visual inspection. The contractor will often need to excavate the working area and will expect that underground utility cables are laid to the correct depth or below. If the utility cable is higher than the specified depth the contractor will not be held liable for this, however, the contractor will assist with contacting the utility company on the client’s behalf and use its best efforts to get the matter resolved.
The contractor is not able to accept responsibility for any of their client’s 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 works contract.
If neighbour disputes prevent or delay and of the contractor’s staff from carrying out the agreed works the client will be charged reasonable costs for the contractor’s lost time. Clients should ensure the contractor is made aware of any issues that may arise.
Public Liability Insurance
The contractor has full public liability insurance. The client’s public liability cover is available on request.
The contractor reserves the right to change these terms and conditions at any time.
Law: The contractor’s terms and conditions shall be subject to the Laws of England and Wales and the client agrees to be bound by the exclusive jurisdiction of these courts.