Terms & Conditions

Please read these Terms & Conditions carefully, as they set out the basis upon which Wilkinsons Landscapes Ltd (hereinafter referred to as WL) agrees to proceed, and set out our and your legal rights and obligations in relation to our services. These Terms & Conditions may not be varied unless agreed in writing and signed by the Director, Simon Wilkinson.

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These Terms & Conditions, together with our quotation and any document referred to therein, form the ‘Agreement’ between us. By accepting the quotation, paying the deposit required, and allowing works to commence, the Client is deemed to have accepted all of the terms and conditions listed below.

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1.0 Scope of Works

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1.1 The work shall be carried out to the standard a reasonable person can expect.

1.2 In the event of any discrepancy between any specification and any drawing, the description contained in the specification shall prevail.

1.3 The Client shall indicate the line of the boundaries, underground cables, and pipes before work commences. WL accepts no liability whatsoever for any losses or disputes arising from inaccurate information provided by the Client.

1.4 The Client is solely responsible for obtaining all necessary planning permissions, consents, and approvals prior to commencement of works. WL accepts no responsibility for losses incurred as a result of failed or retrospective planning applications.

1.5 This estimate excludes excavation in rock, removal of concrete deeper than 150mm, filling of wells/mines/shafts, removal of air raid shelters, asbestos, chemicals, tree stumps (unless specified), and re-routing of services.

1.6 The Client shall indemnify and keep WL indemnified against any claims, demands, actions, or proceedings brought by third parties in connection with works carried out by WL under this Agreement.

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2.0 Copyright

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2.1 Unless WL agrees otherwise, all copyright which exists in the design documents and other materials that we create whilst carrying out work for you will remain the property of WL. The WL design cannot be reproduced without prior written consent by [Simon Wilkinson] WL.

 

2.2 If you use such design documents for any purpose other than that for which they were created WL is not responsible to you for any losses that you may suffer as a result.

 

2.3 Unless otherwise required by law or court order, you agree not to make WL’s work, design documents or materials available to third parties without WL’s prior written permission. WL’s work is undertaken for your benefit alone and WL is not responsible to third parties for any aspect of our services or work that you make available to them.

 

2.4 If you wish to use such design documents and materials other than through WL you may do so only with the permission of WL and upon paying a reasonable design fee to WL. Once full payment for the design is made the client may then, if so desired, approach other contractors to quote for the project.

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3.0 Estimates

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3.1 All estimates are valid for 30 days only and may be subject to alteration after that date.

3.2 The estimate is a best forecast of price at the time of submission taking into account existing site conditions and layout at the time of viewing.

3.3 Acceptance of the estimate signifies acceptance of these terms and conditions of the contract documents and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the client will involve the client being liable to a cancellation fee and any loss of expenses incurred as a result at the discretion of WL up to a maximum of 50% of the total of the quotation.

3.4 Only the work described in the estimate is included; the supply of any other materials or labour costs to carry out such works other than stated within the estimate is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will (without prejudice to WL’s right to charge a reasonable price for all or any work outside of or in addition to the wok included in the estimate) have to be agreed by both parties prior to being undertaken.

3.5 No allowance is made in the quotation for any extra work required due to unknown, hidden, or underground features.

3.6 WL reserves the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond its control.

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4.0 Payment

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4.0 The client accepts that he/she will pay WL the full contract sum (all costs incurred) together with any Value Added Tax properly chargeable upon the contract.

 

4.1 WL will require an initial deposit payment based on the value of the project to secure our services.

 

4.2 WL may during the contract, prepare a valuation account and request interim payments from The Client until work is complete. These valuation accounts will be based on an assessment of the total job value completed or part completed and will include the cost of any unfixed materials. The Client shall pay these valuation accounts within 10 days of receipt.

 

4.3 Unless otherwise stated payments are due 10 days following receipt of invoice. If the invoice is not settled within 10 days WL reserves the right to charge daily interest at 3% plus base rate until full payment is received.

 

4.4 If The Client disagrees with WL valuation account then The Client should pay the proportion, which is acceptable, giving valid reasons for the shortfall (in writing). Deduction to WL’s account may only be made if accompanied by a valid reason. The Client’s payments will signify that The Client has inspected the work and is happy that the work so far carried out is to The Client’s approval.

 

4.5 Where materials need to be purchased in advance and will form part of the first stage deposit. If this or any invoices, are not paid within 10 days of being rendered the client will be deemed to be in default and therefore in breach of contract. WL will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.

 

4.6 In the event it is necessary to institute legal recovery of the outstanding sum the client will be liable to pay WL legal fees in full.

 

4.7 If the delivery date of goods is delayed by the customer WL reserves the right to charge the client the daily labour rate for all contractors on site until the material arrives.

 

4.8 In the event that a change in materials from that already delivered on-site is required as a result from a subsequent client change of mind, the client will be solely responsible for payment of all additional costs related to loss of hours/days on site.

 

4.9 Should The Client fail to settle any invoice by the due date then all other invoices become payable immediately by The Client and WL shall be entitled to cease work and leave site.

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5.0 The Site

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5.1 The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.

 

5.2 Access to water and electricity services will be provided by the client at no additional cost to WL.

 

5.3 WL shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. The client is responsible for all plant on site once WL staff and subcontractors have left site after a working day.

 

5.4 WL undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather and manufacturers/suppliers lead times may hinder progress and WL undertakes to keep the client informed. WL shall not be liable for delays and losses caused by matters and circumstances outside of the control of WL.

 

5.5 In any circumstances where WL has ceased work on site WL shall be entitled to access the site to remove all equipment, materials and property which belongs to WL.

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6.0 Construction & Materials on Site

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6.1 WL guarantees all hardy plants supplied and planted by WL for one year from planting.

6.2 Finished features shall be at WL’s discretion unless otherwise agreed in writing prior to commencement. If a specific appearance is required, a written specification and sample must be agreed in advance.

6.3 Natural products may vary in colour and texture; WL cannot guarantee exact matches to samples.

6.4 WL shall follow supplier advice for installation. WL accepts no liability for product defects where supplier guidance has been followed.

6.5 Materials delivered to site become the Client’s responsibility. WL accepts no liability for loss, theft, or damage after delivery.

6.6 Risk in goods passes to the Client upon delivery; ownership remains with WL until payment in full is received.

6.7 Where Clients pay suppliers directly, all supplier payment terms must be met.

6.8 WL cannot be held responsible for efflorescence or other natural material phenomena.
6.9 Wood is a natural product and may split, warp, or lose shape in extreme weather; this is not considered a defect.

6.10 The Client is responsible for protecting weather-sensitive plants and materials once delivered.

6.11 Hard Landscaping Warranty Disclaimer – WL provides no warranty for hard landscaping works beyond statutory rights. Natural settlement, hairline cracks, minor movement, and other changes within industry tolerances are not defects.

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7.0 Maintenance After Completion

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7.1 All watering of plants, trees, shrubs and turf becomes the responsibility of the client once the contract has been completed and WL cannot accept any responsibility for the survival once the contract has been completed.

 

7.2 WL accepts no responsibility for any horticultural defects other than plants, trees and shrubs failing to break out into leaf unless a formal maintenance contract is entered into.

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8.0 Applicable Law

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8.1 These terms shall be governed by, and interpreted in accordance with English law. Any disputes or claims concerning this agreement and any matters arising from it shall be dealt with only by the courts of England and Wales.

 

8.2 If WL or you do not enforce our respective rights under this agreement at any time it will not prevent either WL or you from doing so later.

 

8.3 If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.

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9.0 General

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9.1 WL will not be liable under this agreement or laws of negligence for any deficiencies in the work we have undertaken if and to the extent that deficiencies are due to any false, misleading or incomplete information which has been provided to WL (whether by you or any third party) or due to the acts or omissions of you or any third party.

9.2 Any accidental or malicious damage caused by the client, their children or any third party during the course of the construction may incur an additional repair charge.

9.3 Unless express written notice or advanced agreement has been made WL reserves the right to use any drawings, photographs, videos or plans of work produced by us for any future publications or displays.

9.4 All materials and machinery left on site during works become the occupier’s responsibility once contractors have left the site at the end of the working day.

9.5 You agree that you will not bring any claims or proceedings in connection with this agreement against our Directors, Consultants, or Employees personally.

9.6 Limitation of Liability – Nothing in this Agreement limits WL’s liability for death or personal injury caused by negligence, or for any matter which cannot be excluded by law. WL shall not be liable for any indirect, special, or consequential loss, including (without limitation) loss of profit, loss of enjoyment, or loss of business, however arising.

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10.0 Rights of Third Parties

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10.1 A person who is not a party to this agreement shall not be entitled to enforce any of its terms.

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11.0 Termination

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11.1 WL reserves the right to terminate the contract if within 10 days of WL giving you notice of the sums outstanding or of your breach of these terms & conditions (termination notice) you fail to pay any sums due or remedy the breach as the case may be and in such case the contract will end at the expiry of the 10 days’ notice.

 

11.2 Upon termination WL will not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination. Termination will be without prejudice to WL’s rights that may have accrued before termination. In addition, and without prejudice to the aforesaid, all sums due and outstanding from you will remain payable and WL shall be entitled to be paid for all work not yet invoiced on a quantum meruit basis.

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12.0 Ponds, Water Features & Livestock

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12.1 Where works involve ponds, water features, or aquatic systems containing live animals (including but not limited to fish, amphibians, and invertebrates), the Client shall be solely responsible for:

• Removing all livestock prior to commencement of works;

• Arranging suitable temporary housing at their own cost; and

• Reintroducing livestock following completion of works, including conducting independent water quality testing before reintroduction.
  12.2 WL shall have no liability for the loss, injury, illness, or death of any aquatic livestock arising from pond works, water quality changes, or any other related activity, notwithstanding any advice or assistance given.

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13.0 Force Majeure

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WL shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, extreme weather, flood, drought, epidemic, pandemic, war, terrorism, civil unrest, strikes, lock-outs, industrial disputes, breakdown of plant or machinery, or shortage of raw materials.