Terms & conditions

 

1.  Acceptance of the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed) means that the Client has read and understood the terms and conditions set out below.  Any queries should be clarified before the job specification and associated costs (referred to here as The Contract) are accepted and the works (the work referred to in the contract) have begun.

2.  All Contracts must be confirmed in writing before work commences. Email confirmation is acceptable but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions herein, in order that the Contract is legally binding.

3.  No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing. 

4.  A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract. Additional labour will be charged by the hour. All costs are subject to Vat @ the current rate. Additional materials shall be quoted for and agreed to and paid, before these added works are undertaken. 

5.  We ask that the client ensures there is adequate access to the site e.g. that all vehicles and other obstacles are removed, that gates, doorways and passages are clear of obstruction and unlocked, that neighbours are notified where access is required to carry out the work. 

6.  The Client should inform Warmscape regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations and substructures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the contract. 

7.  Should additional work arise due to unknown or undisclosed structures such as those outlined in clause 6 above, then Warmscape may be required to add additional labour to the project or extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the client before proceeding further.

8.  The client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regard to the works unless request has by made to Warmscape to carry this out on your/the client’s behalf. You/the Client shall indemnify Warmscape against any claim/proceedings/loss or expense resulting from you/the Client failing to gain permissions/give notices/pay fees required in whole or in part. Warmscape will agree with the client, where appropriate, permissions that they will seek on behalf of the client.

9.  Our terms of trading:

A: Landscaping: A deposit will be charged on acceptance of the quotation to cover materials. The first payment is a percentage of the quotation, this varies project by project. Payment structures will be presented and agreed with a client before any work is undertaken. Invoicing and payment for any additional costs agreed will take place at an appropriate stage of the works – to be agreed between you/the client and Warmscape.

B: Garden design and Planting plans. Garden design costs are charged for as per the individual project and the agreed design fee is to be paid in full before commencement of work. 

C:  Warmscape shall have lien on all goods and materials remaining on site until full payment of all monies have been made. The company shall have free access to enter the site to remove such goods and materials.

10.  Warmscape hereby excludes liability to the Client for any loss, cost or damage of any kind arising out of or as a consequence of its failure to perform or complete the works by reason of matters beyond Warmscapes control and which it could not have reasonably foreseen at the date of the contract.

11.  Any concerns or complaints after the works have been finished should be given to Warmscape within 7 days of completion of works.

12.  Warmscape cannot accept liability for any defects to the works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions. 

13.  Warmscape cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work commencing.

14.  Planting and turfing. Separate watering and plant/turf care guides are sent to you/the client on completion of the works. It is the responsibility of the client to carry out this care in accordance with these guides and no responsibility for plants and turf will be taken by Warmscape once the works have been completed. The plants we use have no specific guarantee from our suppliers once they leave their nurseries.

15.  Quotes are valid for 30 days from date of issue only.

16.  Late payment of invoices for completed works, beyond our 7 day payment terms, will be subject to a 5% monthly interest charge (on all outstanding amounts). In addition a £50.00 administration charge will be added to each subsequent invoice, limited to one per month. Warmscape, once a written/email agreement (as per Point 2) has been received, we/Warmscape reserve the right to enforce late payment charges in accordance with our terms and conditions.