Terms & Conditions
Terms & Conditions
These terms and conditions shall apply to all contracts and quotations for the provision of design and consultancy services made by Benjamin Ashley Gardens and any person or company to whom Benjamin Ashley Gardens (referred to as ‘the contractor’) supplies or intends to supply such services (referred to as ‘the client’).
Any typographical, clerical or other errors or omissions in the quote, letters or any other document may be changed without us incurring any liability.
1. The costs of goods or services (such as plants and furniture or specialist metal working, for instance) ordered and purchased by Benjamin Ashley Gardens on behalf of the client will be agreed in advance.
2. This quotation remains open for acceptance within 30 days of the date shown and lapses automatically thereafter.
3. Acceptance of the contractor’s quotation involves acceptance of these terms and conditions and of the contract documents, and will lead to a binding contract between the parties.
4. The client confirms 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 of former buildings or hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing by the client to the contractor prior to the date upon which the contractor submits the quotation. If the client breaches the above warranty, the contractor shall be entitled to make a reasonable charge for all additional work necessarily and properly executed by the contractor as a result.
5. Timely possession of the whole site and proper and adequate access to it must be made by the client to the contractor to enable the work to be carried out in a regular and economic manner.
6. In the event of damage to the site or to the works during their progress as a result of acts or omissions of any third party or any other cause beyond the control of the contractor, the client will in addition to the contract sum pay such sum as is reasonably required by the contractor to remedy such damage.
7. The client must provide toilet facilities, easily accessible mains water and electricity on site or to bear the cost of supplying such services.
8. The client is responsible for any matters concerning planning permission, licences, building regulations, rights of way, lease requirements or any other such legal responsibilities associated with the property.
Delay / Disruption
9. Unless otherwise agreed, the contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time or, if a specific date for completion is agreed, by that date, but under no circumstances shall the contractor incur any liability to the client for any untimely performance unless a figure for liquidated and ascertained damages is confirmed in writing beforehand. In particular, the contractor shall incur no liability for any delays or non performance arising from force majeure. In addition, the contractor shall be entitled, upon request, to a reasonable extension of time from the client in the event of such matters referred to above, and in respect of any matters referred to in ‘The Site’ clause above.
Materials on Site
10. Materials delivered to site become the responsibility of the client and the contractor accepts no responsibility for loss, damage or expense after delivery of the materials to site for any reason, including pilfering while materials are on site during the course of the contract works, where such losses are beyond the contractor’s reasonable control.
11. Materials that prove to be in excess of requirements shall remain the property of Benjamin Ashley Gardens and shall be removable by the contractor, who shall have the right to enter the site for that purpose.
12. The contractor maintains ownership of all materials until payment has been received from the client.
Maintenance after Completion
13. The contractor undertakes to execute the best horticultural practice for establishing of planting and grass areas but, following the practical completion of the contract, the responsibility for proper maintenance of the site passes to the client.
14. The contractor guarantees that grass and seed supplied has been tested and conforms with current UK regulations. No land is free from weeds and accumulated weed growth and dormant weed seed cannot be eradicated in a few cultivations. Therefore, when the contractor undertakes to cultivate land they do not accept responsibility for subsequent weed growth.
15. The contractor guarantees that all plants and trees supplied will be inherently healthy when planted. Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond the contractor’s control. However, providing the planting has been maintained in accordance with normal standards of good husbandry and any maintenance notes issued by the contractor, consideration will be given to the replacement of any material found to be defective during the first growing season if notified by the client in writing and inspected by the contractor. If trees and plants are not supplied by the contractor then they hold no liability for any loss.
16. Any structural construction Benjamin Ashley Gardens, for example retaining walls, paving, decking, ponds and fencing will have a two year guarantee. This will cover any defects from workmanship but will not cover any third party damage, accidental damage or act of God.
20. The client agrees to pay Benjamin Ashley Gardens the contract sum together with any VAT properly chargeable upon the contract sum. Unless otherwise stated, accounts are payable within 7 days from the invoice.
21. Payment of the total price of the contract less any deposit paid and interim payments paid shall be made to Benjamin Ashley Gardens after completion of the contract. The client shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the contract sum.
22. The client will pay Benjamin Ashley Gardens interest of the rate of 1% per month interest on all outstanding sums from the due date until payment Benjamin Ashley Gardens reserves the right to withdraw from the site if any contract payment schedule is not adhered to.
23. All accounts are net and do not provide for any discounts or retentions unless otherwise agreed.
24. Benjamin Ashley Gardens reserves the right to require at any time full or part payment in advance of anticipated out of pocket expenses.
25. For so long as any invoice remains outstanding beyond its due date and without prejudice to such other rights and remedies as may be available, Benjamin Ashley Gardens shall not be obliged to supply any further goods or services whatsoever and shall be entitled to cancel under clause above (‘Cancellation’).
26. It is the client’s responsibility to inform Benjamin Ashley Gardens if the invoice nominee and address is different from that already known.
27. Progress (interim) payments will be and negotiated between Benjamin Ashley Gardens and the client.
28. Each payment is due within 7 days of the date of the invoice. If payment is not forthcoming within a further 3 days the contractor reserves the right to cease work on the contract and remove all materials remaining unused on site. The contractor is then entitled to recover from the client the whole loss and expense arising from said default by the client.
29. Prices in the quotation will remain fixed until 30 days after the quotation. Acceptance before that date will ensure no increase in the cost of works specified in the quotation. If the cost to Benjamin Ashley Gardens carrying out the contract is subsequently increased by reason of increases in the cost of materials, labour and any other factor outside the control of Benjamin Ashley Gardens then Benjamin Ashley Gardens shall notify the client before undertaking any work to which the increase will apply and the client may require Benjamin Ashley Gardens to discontinue the work and shall pay Benjamin Ashley Gardens only for the work carried out.
30. Additional costs for meter / permit parking, suspension of parking bays for materials and skips, toll road and congestion charges are not included and will be added onto the final invoice.
The Scope of Works
31. The contractor shall carry out and complete the landscape work described in the contract documents in a good and workmanlike manner. They shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing the description contained in the specification shall prevail over the drawing.
32. The contract documents shall include the quotation, the specification or scope of works, plans and drawings and any other document referred to in said quotation. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed in writing by the contractor.
33. Work may be suspended due to adverse weather conditions, which will affect the quality of work and / or the health of site personnel. This may be done immediately after discussion with the Client, if available.
34. Variations to the works will only be undertaken upon instructions given in writing by the client to the designer. Oral instructions will not be accepted by landscapers on site as site personnel have no authority to alter the contract in any way. The price of any additional work will be based upon costs prevailing at the date of the instruction.
Engagement of Third Parties
35. Liability to make payment will remain with the client whether or not invoices are addressed (at the client’s request) to a third party or any instalment payments are made by a third party.
36. Where the client or otherwise use the services of a third party whether as a contractor, consultant or otherwise and whether resulting from an introduction or a recommendation by Benjamin Ashley Gardens, the client shall enter into a separate contract with the third party and shall hold the third party (and not Benjamin Ashley Gardens) responsible for the performance and execution of the work entrusted to the third party.
37. Whilst every care will be taken by Benjamin Ashley Gardens in recommending a third party to the client, Benjamin Ashley Gardens can in no way be held responsible for the quality or service of that third party. The client is advised to satisfy themselves as to the value of said recommendation.
38. The client if not an individual, is required to nominate a responsible representative through whom all instructions will be given and will notify Benjamin Ashley Gardens of the name of such representative within 7 days of the acceptance of the quotation.
39. Topographical and vegetation surveys undertaken by Benjamin Ashley Gardens (or third parties introduced or recommended by Benjamin Ashley Gardens) are provided on the understanding that the land or property are not polluted or contaminated and that structures and services are in an adequate condition.
40. Copyright and all other rights of property in all drawings, documents, designs, models and articles prepared by or upon the instructions of Benjamin Ashley Gardens shall be the property of Benjamin Ashley Gardens.
41. The client will provide Benjamin Ashley Gardens with such information and make such decisions as are necessary for the proper performance of its services.
42. In the event of any dispute or difference between the client and the contractor arising during the progress of works or after completion, or abandonment thereof, in regard to any matter or thing whatsoever arising out of the contract or in connection therewith, the said dispute or difference shall be and is hereby referred to such person as the parties may agree to appoint as mediator. Failing agreement within 14 days after either party has given written notice to the other to concur in the appointment of a mediator one may be appointed by consultation with an independent mediation service.
43. Benjamin Ashley Gardens may use photographs of the garden in publicity, for their website and within their portfolio. Benjamin Ashley Gardens may also deliver leaflets to the surrounding neighbourhood explaining that they are working in the area giving the clients address as proof. If either of these conditions are not acceptable then Benjamin Ashley Gardens will need to be notified in writing by the client.