Terms

1. All work undertaken will be discussed and agreed prior to the start date and all work will be completed from the original design by AB LANDSCAPING unless otherwise agreed.

2. The estimate/original price for work includes all materials and labour where stated from original design.

3. The client shall provide water and electricity, if needed, at no charge to AB LANDSCAPING.

4. The client shall provide access to site and dry storage space for materials at all times during the works progress and during AB LANDSCAPING’S working hours. Our working hours are typically 8:00am-18:00pm

5. AB LANDSCAPING is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.

6. The client will be responsible for all payments to AB LANDSCAPING, unless otherwise notified in writing prior to commencement.

7. A mobilisation payment is payable on order. The mobilisation payment will be used to purchase material necessary for the construction of the work or in the case of disposal will be used to secure the date. For contracts longer than 30 days only: (Stage payments against works completed/materials on site to be made in weekly intervals, payable within 3 days of invoice.

8.A final payment of the balance to be made following practical substantial completion and payable within 3 days of our invoice. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Payment methods are cash or by internet bank transfer.
The work is substantially complete when all items described in this contract have been constructed, installed or disposed of (if this is agreed in the estimate)
Substantial completion shall not include adjustment, repair, replacement or cleaning of any item so constructed or installed after final inspection. Requests for adjustment, repair, replacement or cleaning of any constructed or installed item shall not be the cause for delay of final payment, but rather shall be considered warranty items.

9. Any addition and/or alterations to the schedule/project shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes.

10. All, or any special conditions, of which AB LANDSCAPING has been informed are noted in the quotation.

11. We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion. If necessary we reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.

12. After practical substantial completion, we are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any material(s) including plants.

13. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established. Great care is taken to remove all weeds/roots from the site when being prepared, AB LANDSCAPING cannot accept responsibility for subsequent weed growth on completion of the project.

14. It is very important and the sole responsibility of the Client to ensure we are made aware of any special/statutory bylaws/conditions/permissions that may be involved.

15. We 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.

16. Severe weather conditions, including drought, may cause the delay of the start date of the contract. This will not affect the original, agreed price.

17. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.

18. All materials surplus to the contract will remain the property of the contractor and will be removed from site upon completion.

19. The contract contains the entire understanding and agreement between the parties with respect to the work and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. No oral promises or agreements are a part of this contract.

20. We will be entitled to suspend performance of, or terminate the contract if the client fails to pay any sum due to us, in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt, in which case we shall be entitled to payment for all the work carried out and for all goods supplied to the date of the termination or suspension of the contract, and to retain any deposit or interim payment made towards this.

21. Maintenance is not included in one off contracts unless specified. Please let us know if you would like a separate quote for regular maintenance.

22. We shall not be liable for any defects arising from the clients own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal or other abuse or damage caused by the client.

23. Cancellation of work not received within 3 working days of scheduled start of work will be subject to a charge of 15% of the quoted price. If the original price included a materials payment, this amount will be non-refundable as materials would have already been purchased.

24. If you accept the proposal we reserve the right to use photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information.

25. Errors and omissions excepted.