TERMS AND CONDITIONS
CN LANDSCAPES Terms and Conditions
CN Landscapes
2 Notgrove Road
Cold Aston,
Gloucestershire
GL54 3BP
VAT No. 347 2848 72
1 Estimated Quotations and Prices
1.1 All estimated quotations are valid for 30 days from the date on which they were given.
1.2 The price for work will be presented as an estimated quotation.
1.3 Until a quotation is accepted by the client and CN Landscapes the labour, materials etc are subject to change.
1.4 Estimated quotations are based on:
1.4.1 Where the quotation is for several phases, it assumes that the whole project is to be undertaken. We reserve the right to change our rates if you only wish to purchase specific phases from a project.
1.4.2 Where quantities or types of products/services have been calculated based on drawings or instructions, the quotation shall be an estimate only. You accept that the actual quantities or types of product/service used (and the resulting cost) may vary.
1.4.3 Products and services listed in the quotation are subject to availability
1.4.4 That the following statements are accurate:
(a) All spoil can be disposed of on site in accordance with applicable law and with ease, unless otherwise stated.
(b) There are good ground conditions, and the soils on site are suitable for the products/services requested.
(c) Unless stated, watering and maintenance is not included.
(d) Easy and available access will be provided to work areas and materials at all times.
(e) The only goods and/or services required are those in the quotation.
If any of these are incorrect, the cost payable by you could increase.
1.5 Deposit: A deposit of 25% of the estimated quotation is payable when placing an order (unless stated otherwise). The deposit will be deducted from our finial invoice.
1.6 VAT: All prices shown include VAT (unless otherwise stated). In the event the prevailing rate of VAT changes during the period between an order being confirmed and an invoice being issued (or, if earlier, the goods and/or services being provided), the amount of VAT you have to pay for those goods and/or services may change.
1.7 Pricing errors: We try to ensure all our pricing is correct, but there may be circumstances where an error has taken place. We are under no obligation to sell products at an incorrect price and will contact you to confirm if the actual price is acceptable or arrange an order cancellation and refund.
1.8 Payment: The client will be responsible for all payments to Charles Nixon (account no. 68334833, sort code 04-00-04).
2 Your Order
2.1 Once an order has been confirmed, it is final. We may allow you to make changes, but reserve the right to increase our unit rates or add an amount to offset the additional costs sustained.
2.2 If a specific material/plant is not available, we will substitute it with a suitable material/plant when possible.
3 Cancellations
3.1 To cancel the contract you must contact us by calling us on 07515818419 or emailing c-n-landscapes@outlook.com. You’ll also have to return any products you’ve already received to us (at your own cost). Alternatively, we can collect products from you, but you will have to pay our reasonable collection costs.
3.2 We must be informed of cancellations before seven days of commencing a project.
3.3 If a project is cancelled within less than 7 days of the project commencing then there will be a charge of 15% of the quoted price.
3.4 If you cancel a quotation in accordance with clause 8.2, you are responsible for any costs we have incurred.
4 Our products and services
4.1 Our promise: We aim to provide high quality plants, goods and services. We will ensure that our goods and services are fit for their usual purposes and they conform in all material respects to their description and (if applicable) sample. Where we provide services, these shall be provided with reasonable skill, care and diligence. If you are consumer, this promise is in addition to your other legal rights (see clause 5).
4.2 Complaints: Any complaints regarding the quality of the plants, materials or workmanship should be made as soon as possible and not later than 7 days from collection, delivery or completion of the contract.
4.3 Exclusions: We do not offer any warranties or guarantees other than those contained in clause 6.1 (and all other warranties are excluded). We are not responsible for goods and/or services after signing off of the job. We are also not responsible for plants that fail to grow due to unsuitable soil, location or other conditions, inadequate ground preparation, planting or maintenance (unless we agreed to do this or provided incorrect instructions), adverse weather conditions or other causes beyond our reasonable control.
5 Payment
5.1 We maintain ownership of all materials until cleared payment has been received in full.
5.2 We prefer payment by BACS..
5.3 Due date: Unless otherwise stated, invoices are due within 14 days of their date.
5.4 Late payment: If any payment is not made on the due date, we may suspend any further work under the contract until payment is made (without prejudice to any of our other rights). We reserve the right to cancel the contract.
5.5 A surcharge of 10% shall be added to all invoices not paid when due. In addition, invoices not paid within 56 days of their due date shall incur interest at a rate of 15% per annum until paid.
5.6 Interim invoices: interim invoices will be submitted for jobs lasting longer than a month. These are also subject to the same terms as above.
6 Site access and hazards
6.1 Access: You are responsible for ensuring we have free and clear access to premises such as we reasonably require. If there are any impediments or obstructions, you must notify us in advance. You must also notify us of any reasonable policies (e.g. regarding health and safety) that our personnel will need to comply with.
6.2 Site preparation: Often our delivery of materials and/or services requires the carrying of material over gardens and through properties. Please make sure that walls and surfaces are adequately protected (builder’s polythene is a good method) and that fragile objects (such as pots etc.) are moved. Lawns tend to recover rapidly but very wet weather can give rise to very muddy conditions. We are able to provide boards to protect lawns, though this is not included as standard and may incur an additional cost. Please contact us for further details.
6.3 Hazards: You must warn us or our contractor of any site hazards which are not immediately apparent. You are responsible for costs or damage which arise as a result of your failing to do so. If limited information is available, CAT scanners may be used to determine risk.
6.4 Property damage: Every effort will be made to avoid damage to property (including products you have purchased from us), but we are not responsible for loss or damage that might have been avoided by your taking precautions (clause 6.2) or warning us of hazards (clause 6.3). Where we are responsible for damage that could not have been avoided, our only liability will be to take reasonable steps to make good that damage or (at our option) to pay for the damaged property to be either repaired or replaced to an equivalent standard.
6.5 Livestock and animals: Livestock and other animals must be clear of any delivery/work sites. You are responsible for ensuring sites are secure to prevent either your own or any third party’s animals from entering. The services may involve activities (such as felling or controlled fires), dangerous tools, equipment or materials, hazardous chemicals or poisonous plants, any which could cause injury or death to animal life (for which we accept no responsibility whatsoever and you shall be liable).
6.6 Water and electric: A supply of water and electric must be made available free of charge for us to use.
7 Landscaping and garden services
7.1 Upon satisfactory completion, you are responsible for the well-being of your garden.
7.2 The responsibility for the care and watering of all plants, lawns, etc is handed over to you (the client) and will require regular attention until established.
7.3 Care is taken to remove weeds/roots, but there is no guarantee that they will not return.
7.4 The condition of any old plants that you have asked to be salvaged and replanted are your responsibility.
7.5 Tree Preservation Orders, Conservation Areas and Felling Licenses: You are responsible for ensuring our work will not breach any laws or regulations (e.g. Tree Preservation Orders (TPOs) or Conservation Areas). If you suspect the site is subject to a TPO or is in a conservation area, you must inform us when placing an order. We can check for the presence of (TPOs and conservation areas). We can also make applications on your behalf (though additional charges may apply).
7.6 Other investigations and private covenants: Other than investigating the existence of TPOs and conservation areas upon request (see clause 7.5), we shall not carry out any investigation into land ownership or applicable covenants, restrictions or other laws or regulations. You are responsible for ensuring all necessary rights, licences and permissions are in place for us to access the site and carry out the work.
8 Termination
8.1 Our right to terminate: Without limiting our other rights or remedies, we may terminate the contract with immediate effect by giving you written notice if:
8.1.1 you commit a material breach of contract and (if such a breach is remediable) you fail to remedy that breach within 14 days of being required in writing to do so; or
8.1.2 we have not yet received payment in full for the goods and/or services, and you are subject to an insolvency related event (such as bankruptcy, liquidation or administration) or a resolution, decision or ruling which makes such an event likely.
8.2 Your right to cancel an order: You may terminate the contract and cancel your order at any time by notifying us in writing. However, you are responsible for any costs we have incurred which we can’t reasonably recover, together with an administration charge of 15% of the order value.
8.3 Outstanding sums: On termination of the contract for any reason you must immediately pay all outstanding unpaid invoices (and any accrued interest).
8.4 Consequences of termination: Termination shall not affect any rights and remedies that have accrued as at termination.
8.5 Continuing effect: Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
9 Data protection
9.1 Our privacy policy: We take great care to protect your personal information (such as that we collect when you contact us or place an order). Examples of personal information we collect include your name, addresses, email and telephone number. Further information on how we use personal information can be found in our Privacy and Cookies Policy (https://www.cnlandscapes.co.uk/privacy
9.2 What we use personal data for: We’ll only use your information with your consent, or to the extent necessary in order to perform a contract with you, fulfil our legal duties, or for other legitimate purposes. For example, when you accept a quotation, we will use your information to process payment, dispatch goods and keep a record of the sale.
9.3 Your rights: We want to ensure that you remain in control of your personal data. The law provides you with various rights to help you do this, including the right of access. Further details on how to exercise these rights can be found in our Privacy and Cookies Policy on our website (https://www.cnlandscapes.co.uk/privacy).
9.4 International transfers: Your personal information may be transferred outside the European Union, though if this occurs, we will ensure it is adequately protected at all times and that your privacy is respected.
10 General
10.1 Notices: Communications and notices regarding your order and our contract with you will be in writing (which includes email).
10.2 Contract terms: All contracts between you and us are subject to these terms. No other contract, representation or promise of any kind shall form part of, alter or supersede of these terms. No variation of these terms shall be effective unless it is in writing and signed by Charles Nixon.
10.3 No waiver: If either you or we delay or fail to exercise any right or remedy, or only do so in part, that shall not stop us exercising that right or remedy at a later date.
10.4 Third parties: The contract is between you and us and no one else has any rights under it. The Contracts (Rights of Third Parties) Act 1998 shall not apply to this contract.
10.5 Assignment: You may only transfer your rights or your obligations under the contract with our prior written agreement. We may transfer our rights and obligations under these terms to another person if we choose to do so.
Law and jurisdiction: The contract between you and us is governed by English law, and any legal proceedings relating to it must be brought in the English courts.
11 Brexit Clause
11.1 Brexit may, or may not, result in increased trade tariffs, or unexpected exchange rate fluctuations. (“Brexit” means that during the Term of this Agreement pursuant to article 50 of the Treaty of Lisbon, the UK will leave the European Union). If we believe that the consequences of Brexit have materially increased the costs of us performing our obligations under the agreement/contract we have with you, we reserve the right to revise our prices. We will use our best endeavours to find a different source of the materials to mitigate the extra costs, but if this is not possible, we would wish to agree a revised figure and sharing formula to absorb them. We will contact you promptly and supply the details and evidence of such consequences. In most cases the Brexit effect is only likely to affect items that are imported from abroad – plants and timber items in our case. Within 14 days of giving notice we will discuss the issues with you in good faith and agree whether any amendments are required to the agreement/contract as a result of Brexit. We will ensure that the overall balance of obligations, benefits, liabilities and risk between us remains the same as it was.