Terms & Conditions
Conditions of Tender for Green Bear Landscaping
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By accepting a quotation you conset to the following terms of business.
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Quotaions
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All quotes are valid for a period of 6 weeks only.
Prior to agreeing the above quote please ensure you have carefully read the full description of work to be carried out. The quote figure is based only on the description above so any additional work will be charged separately.
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Booking & Payment
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VAT is not charged on all quotes at the current rate of 20%
Acceptance is required along with a 10% deposit and confirmed colour / pattern / material choices.
The deposit is non-refundable should you wish to cancel.
Quotes under £1000.00 - Any remaining payment is due on day of completion.
Quotes £1000-10,000 - 50% of the remaining balance is due approx 1 week prior to start or if not requested before start payment is due on start date. Any remaing balance balance is due on day of completion.
Quotes £10000 + As above however a stage payment during build will be requested.
Payment is required on the day of completion.
Ownership of goods shall not pass to you until we have received all sums due under our contract should you proceed with an order.
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During the Build
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If hidden obstructions, manholes, drainage issues ect. Are encountered during the preparation and / or the ground conditions require more excavation than specified above, there may be an additional cost incurred to cover the work and materials required. These costs will be advised before we proceed.
Please ensure there is a safe and accessible entrance to the garden and any flooring, walls, doors, radiators are protected as if we are required to gain access to the garden via the house, garage or any outhouse / building we will not be held responsible for any damage that may incur to the property.
If the site is located within a parking permit or residents parking area permit passes will be required to be provided by the clients if you are unable to provide these we can at the cost of £5 per pay per vechile.
Please ensure the garden accessible and all personal items are removed such as storage units, playhouses, BBQ’s ect. as If we are required to move any items within the garden we will not be held responsible for any damage that may incur.
We can not be held responsible for any damage that may incure from any third party delivery's or collections such as skip deliverys ect.
Access to welfare facilties will be provide by the client such as toilets facilties, hot drink facilites and the prepartion of food, if this is not possible addtional charges will apply to hire this equiment.
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Completion
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All work is gaurenteed for a period of 1 year from date of invoice, this excludes any soft landscaping such as planting, seeding, turfing ect. This is in addtion to any gaurentee offered by a supplier.
The Gaurentee does not cover how certain materials may alter in the event of extreme weather conditions such as long periouds of heat or storm damage etc.
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Other
E&OE - Errors & Omissions Excepted.
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Landscape Construction
For Hard & Soft Landscaping
Standard Terms and Conditions of Contract
for Business to Consumer Contracts
1.0 DEFINITIONS
1.1 “Client” means the individual or organisation who buys or agrees to buy Goods or Services from the
Contractor.
1.2 “Contractor” means the person or company detailed in the Quotation.
1.3 “Contract” means the contract between the Contractor and the Client for the purchase of Goods and
Services comprising the Quotation and these Terms and Conditions.
1.4 “Goods” means the articles that the Client agrees to buy from the Contractor.
1.5 “Services” means the provision of landscaping services by the Contractor.
1.6 “Site” means the site where the Services will be performed.
1.7 “Terms and Conditions” means the terms and conditions set out herein.
1.8 “Quotation” means the Contractor’s written quotation for the Contract work to which these Terms and
Conditions apply.
2.0 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Clients statutory rights as a consumer.
2.2 No variation to this Contract shall be binding on the parties unless made in writing and signed on behalf
of both parties.
3.0 PRICE AND PAYMENT
3.1 The Client agrees to pay the Contractor the Contract price together with any VAT properly chargeable
upon the Contract price.
3.2 Unless otherwise stated in the Quotation or agreed between the parties, the Contractor shall invoice the
Client for the Contract price (plus VAT where applicable) upon completion of the work. Unless
otherwise stated in the Quotation or unless otherwise agreed by the parties, invoices shall be payable
immediately upon receipt.
3.3 The Contractor reserves its right to charge interest of the rate of 1% per annum above the base rate of
the Bank of England on all outstanding sums from the due date until payment.
3.4 Quotations shall be open for acceptance during the period set out in the Quotation. If after acceptance
of the Quotation by the Client the cost to the Contractor of carrying out the Contract work is increased by
reason of increases in the cost of materials, labour or any factor outside the control of the Contractor, the
Contractor shall notify the Client of the price increase before undertaking any work.
4.0 GENERAL CONDITIONS
The Contractor
4.1 The Contractor will remove excess materials from the Site upon completion of the work.
4.2 The Contractor will be responsible for the safe storage and positioning of equipment and materials on
the Site at all times.
4.3 The Contractor will take all reasonable steps to minimise environmental disturbance, nuisance and
pollution.
4.4 The Contractor will carry out and complete the work detailed in the Contract in a good and workmanlike
manner.
4.5 The Contractor will carry out a Site risk assessment and will ensure that all applicable health and safety
regulations are met. The Contractor will make arrangements for staff welfare facilities unless otherwise
agreed with the Client.
4.6 Unless otherwise agreed, all Goods will be delivered to the Site.
The Client
4.7 The Client shall notify the Contractor of any known hazards or obstructions on the Site prior to
submission of a Quotation. The Contractor will promptly notify the Client of the discovery of any
obstructions or hazards during the course of the work and advise on the implications of the discovery of
such obstructions or hazards, if any.
4.8 The Client must provide mains electricity and water on the Site. The cost of providing electricity and
water will be borne by the Client.
4.9 The Client will allow the Contractor access to the Site within the agreed working hours and throughout
the agreed time period.
5.0 CONSENTS
5.1 The Client is responsible for obtaining any necessary consents for the implementation of the work from
the relevant authorities and for ensuring that the implementation of the work complies with all applicable
laws.
6.0 DURATION OF WORK
6.1 The Contractor will provide the Client with an estimate of the likely duration of the work. Any dates or
time scales given are approximate only.
6.2 Notwithstanding any other term of this Contract, the Contractor shall not be liable for any delay in
delivery of the Goods or performance of the Services and time shall not be of the essence of this
Contract.
7.0 PLANTING MATERIAL
7.1 The Client shall be responsible for the maintenance of all living material following completion of the
work.
7.2 If specific plant material is unavailable the Contractor will notify the Client and offer the Client a suitable
alternative.
8.0 COMPLAINTS
8.1 The Contractor will follow the complaints procedure as set out 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.
9.0 INTELLECTUAL PROPERTY
9.1 All original designs, drawings, specifications, photographs and any other written material produced by
the Contractor during performance of the Contract shall remain the property of the Contractor.
10.0 THIRD PARTIES
10.1 The parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract.
11.0 FORCE MAJEURE
11.1 The Contractor shall not be liable for any delay or failure to perform any of its obligations under this
Contract if the delay or failure results from events or circumstances beyond its reasonable control,
including but not limited to acts of God, strikes, accidents, war, fire, breakdown of plant or machinery,
shortage or unavailability of materials, adverse weather conditions or adverse or difficult Site conditions.
12.0 CHANGES TO CONTRACT AND TERMS AND CONDITIONS
12.1 The Contractor shall be entitled to amend and update these Terms and Conditions from time to time.
13.0 GOVERNING LAW AND JURISDICTION
13.1 This Contract is governed by the laws of England and the parties hereby submit to the exclusive
jurisdiction of the English Courts.
14.0 ACCEPTANCE
14.1 Acceptance of a Quotation shall be deemed to be acceptance of these Terms and Conditions.
15.0 LIABILITY
15.1 Except in the case of death or personal injury caused by the Contractor’s negligence, the entire liability
of the Contractor under or connection with this Contract shall not exceed the Contract price.
15.2 Notwithstanding anything else contained in this Contract the Contractor shall not be liable to the Client
for loss of profits or contracts or any indirect or consequential losses whether arising from negligence,
breach of contract or otherwise.
16.0 SEVERANCE
16.1 If any provision of this Contract is declared by any judicial or other competent authority to be
unenforceable, the remaining provisions of this Contract will remain in full force and effect.
17.0 ENTIRE AGREEMENT
17.1 This Contract constitutes the entire agreement between the parties and supersedes any and all prior
agreements. In the event of a conflict between these Terms and Conditions and any Quotation, unless
otherwise specified, the terms of the Quotation shall prevail.
18.0 WAIVER
18.1 No waiver shall be valid unless made in writing and signed on behalf of the Contractor.
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