Terms & Conditions
David Simpson Gardens LTD Terms of Business
David Simpson Gardens LTD Terms of Business
These terms and conditions shall apply to and are incorporated in any quotation and shall be deemed to apply unless expressly modified or excluded in writing by David Simpson Gardens LTD (hereby known as DSG).
The definitions and rules of interpretation in this clause shall apply in these terms and conditions.
Client means the person, firm or company who enters into a contract with the Contractor for the provision of Works.
Contractor means David Simpson Gardens LTD (hereby known as DSG) who will carry out all of the landscaping works as set out in the estimate and agreed by the client.
Commencement Date means the date that DSG shall commence work as agreed between DSG and the Client, but no later than 30 days from the date of the Quotation, unless otherwise agreed in writing between DSG and the Client.
Completion Date means the date the Works are intended to be completed as agreed between the client and DSG.
Contract Sum means the price of the Works upon the Client accepting the Quotation.
Intellectual Property means the plans (design), drawing and Specifications submitted by DSG (whether before or after the making of the contract).
Quotation means the written estimate provided by DSG for the completion of the Works.
The Site means the location where the Works are to be performed by DSG.
Specification means all written documents including detailed plans and/or drawings describing the Works provided by DSG.
Works means the work to be carried out by DSG under the contract as set out in the Specification together with any other services which DSG agrees to provide to the Client.
Paragraph headings shall not affect the interpretation of these conditions.
A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
Words in the singular shall include the plural and vice versa.
Variations means variations to the Works as specified in the quotation.
1.Scope of Work
1.1 DSG shall carry out and complete the landscape work described in the estimate document in a good and workmanlike manner. They shall have no obligation to execute any further work unless agreed in writing between the parties of the contract. If there is any discrepancy between any specification and any drawing then the description contained in the specification shall prevail over the drawing.
1.2 The client is responsible for obtaining any necessary planning or other permissions required for the works and for the fulfilling of statutory requirements. DSG takes no responsibility for loss or damages incurred as a result of failed planning or other permissions or the client requiring planning or other permissions in retrospect.
1.3 Copyright laws cover all intellectual property of DSG. The DSG designs, associated drawings and specifications cannot be reproduced without prior written consent by [David Simpson] DSG. Once full payment for the design is made the client may then, if so desired, approach other contractors to quote for the project. All intellectual property will remain copyright to DSG and may not be used for any purposes by a third party unless specifically authorised in writing by DSG.
2.1 DSG shall provide the Quotation in writing specifying the Works to be carried out and a breakdown of the cost of the Works.
2.2 The Quotation shall remain open for acceptance for 30 days (or such other period as may be agreed in writing) from the date it is provided by DSG. If the Quotation is not accepted by the Client in writing within this period, the Quotation shall lapse and be deemed to have been withdrawn.
2.3 If the Client accepts the Quotation in writing within the period stipulated in clause 3.2 the price contained in the Quotation shall become the Contract Sum except as expressly provided in these terms. A binding contract will come into existence when the Client accepts the Quotation in writing and the deposit shall become payable.
2.4 It should be noted that any attempted or any actual cancellation thereof by the Client may involve the Client in a claim for recovery by DSG of any loss or expense incurred as a result, including a claim for loss of profit.
2.5 DSG accepts no liability for any negligent act or omission or any default under this contract, save for injury or death caused by the negligence of DSG.
3.1 The Client may issue, to DSG, reasonable instructions to vary or modify the quality and quantity of the Works. All instructions given by the Client must be given in writing. DSG is not under any obligation to carry out verbal instructions until confirmed in writing, except in the case of an instruction being issued by the Client in an emergency e.g. health and safety matters. All instructions issued in an emergency shall be confirmed in writing within 3 days and DSG shall be entitled to be paid for work properly carried out in accordance with any such instruction.
3.2 If the variation alters the cost of carrying out the Works, DSG will provide a written Quotation and cost breakdown for the cost of carrying out the variation and any effect it will have on the Completion Date. The Client and DSG shall agree an adjustment to the Contract Sum in writing. If the Client receives the amended Quotation and wishes to proceed, the Client shall confirm its instruction to proceed in writing, accepting the new Quotation and the extended Completion Date.
3.3 Where any additional or substituted work is of a similar nature to the Works, such works should be valued to the cost breakdown set out in the Quotation. Additional or substituted work shall be valued at a fair and reasonable rate and price agreed prior to execution and any additional payment due to DSG or any extension to the Completion Date shall be added to the Contract Sum and Completion Date respectively. DSG accepts no liability for increases to the Contract Sum and extensions to the Completion Date which result from variations to Works as instructed and agreed by the Client.
3.4 DSG’s personnel or the staff of other relevant supply companies working on Site have no authority to vary the contract in any way and any requests to vary must be made to DSG in writing and agreed in writing.
4. Payment for Hard Landscaping works
4.1 The client accepts without exception, that they will pay to DSG the contract sum together with any Value Added Tax properly chargeable upon the contract sum.
4.2 All accounts are net and do not provide for any discounts or retentions unless otherwise agreed.
4.3 All accounts are payable within seven days from date of invoice. Interest on all payments due from the Client to DSG shall accrue and be payable from the date when payment first becomes due on a daily basis until the date of actual payment at a rate equivalent to 8% over the base lending rate for the time being of National Westminster Bank plc and shall accrue at such rate after as well as before any judgment.
4.4 The payment schedule for landscape works shall be as follows;
A non-refundable deposit of 5% or a fixed amount specified by DSG of the original quotation shall be paid by the Client to DSG upon acceptance of the quotation by the Client.
A stage payment of 20% or a fixed amount specified by DSG of the original quotation shall be made by the Client to DSG prior to commencement of work.
Two further stage payments of 25% or fixed amounts specified by DSG shall be made when requested in writing by DSG.
The client will be required to sign off the works on completion and a final payment of 25% or a fixed amount specified by DSG of the original quotation shall be paid by the Client to DSG within seven days of completion of works.
Any additional works agreed in writing by the Client and DSG over and above the original works quoted shall be paid by the Client to DSG within seven days of completion of works or when requested in writing by DSG.
All parking charges and congestion charges will be added if applicable and paid in full by the client
Payment for plants, trees and garden accessories and all hard landscaping materials
All plants, trees, garden accessories, hard landscaping materials and associated delivery costs will be paid for in full by the client once the quotation for such items has been accepted in writing by the client. Any costs incurred by DSG as a result of a change of mind of the client or returns or cancellations requested by the client for any plants, trees, garden accessories or hard landscaping materials and after any such items have been prepared for delivery or have been delivered by the relevant suppliers to site or have been paid for by DSG, will be solely the clients responsibility. Any and all associated costs will be immediately payable to DSG in full, upon written presentation of an invoice for these cost to the client by DSG.
4.5 All materials and plants brought or delivered to site and/or however incorporated into the site shall remain the property of and shall be immediately removable by DSG who shall have the right without exception to enter the site for that purpose until the contract sum and any/all extra works agreed in writing have been paid in full.
4.6 In the event it is necessary to institute legal recovery of the outstanding sum the Client will be liable to pay DSG’s legal fees in full.
4.7 If the delivery date of goods is delayed by the customer, DSG reserves the right to charge the Client the daily labour rate for all staff 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.
5. The Site
5.1 The client warrants 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 or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing to DSG prior to the submission date of the quotation. DSG shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.
5.2 Timely possession of the site and proper and adequate access to it must be made available by the Client to DSG to enable the work to be carried out in a regular and economic manner.
5.3 The Client will provide access to water, electricity and toilet facilities wherever possible for use by DSG in carrying out the work agreed. The provisions of these services and facilities shall be at the sole cost of the client.
5.4 The client shall be responsible for ensuring the safety of their children, family members, pets, animals and visitors at all times whilst work is being carried out on their premises.
5.5 DSG shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.
6. Delay or Disruption
6.1 DSG shall enter the Site and commence the Works on the Commencement Date and shall proceed with due diligence and use reasonable endeavours to complete the Works by the Completion Date and within a reasonable time.
6.2 If it becomes reasonably apparent to DSG that the progress of the Works is being delayed and/or the Works will not be completed by the Completion Date, DSG shall, within 7 days of any event or occurrence giving rise to such delay, notify the Client in writing of the cause and duration of such delay. The Completion Date will be extended by a fair and reasonable amount of time if DSG:
has to spend extra time completing the Works because of variations made to the Specification and/or Works by the Client;
is delayed and cannot complete the Works on time due to an act or omission of the Client;
cannot finish the Works on time for reasons beyond its control such as:
i. excessively adverse weather conditions or another force majeure;
variable Site conditions;
any other delay caused by the Client;
any delay by third parties such as manufacturers, suppliers, designers or architects involved; and/or
late delivery of materials to Site or failure to provide materials at all.
These examples are indicative only and not intended to be an exhaustive list.
6.3 DSG shall be entitled to claim any reasonable additional costs incurred as a result of the Completion Date being extended due to any events that may occur in clause 6.2 and such additional costs shall be added to the Contract Sum. Wherever possible DSG will endeavour to ensure all materials are on Site as scheduled, however, DSG does not accept liability for delays outside of its control such as those non-exhaustive examples provided for in clause 6.2.
6.4 In the event that any other works are being or are going to be carried out by other contractors, i.e, building works, on the site at the same time as the landscaping works and they will be in the way of or impact on the landscaping works, in any way, that DSG is to carry out. DSG has the right to delay the start date of the landscaping works until such time as all other tradesmen who may impact or be in the way of the site to be landscaped are finished their works completely and are off site. The client will inform DSG of the completion date of any works that may affect the landscaping works. DSG shall not be liable for any costs the client may incur as a result of an extended start date for the works.
DSG shall be entitled to claim any reasonable additional costs incurred as a result of the Start Date being extended due to any other works being carried out by other tradesmen impeding on the areas to be landscaped.
6.5 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
7. Materials on Site
7.1 Materials delivered to site become the responsibility of the Client and DSG accepts no loss, damage or expense after delivery of the materials to site for any reason.
7.2 All materials brought to site which prove to be in excess to DSG’s requirements shall remain the property of and shall be removable by DSG who shall have the right to enter the site for that purpose.
7.3 DSG shall not be liable for any loss or theft of materials from site. Any additional materials required following damage, loss or theft shall be at the Client’s expense.
8.1 The responsibility for the proper maintenance of the site and all plants and materials passes to the Client upon completion of the Works unless otherwise agreed in writing.
9.1 DSG guarantees that all plants and trees supplied are inherently healthy when planted. Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond DSG’s control. If a particular variety (i.e. species or cultivar) is not available a suitable substitute will be selected. DSG shall not be responsible for damage or losses caused by pests and diseases.
At no time will DSG be responsible for more than the original value of the plant(s) and delivery.
9.2 Mature Trees and plants.
DSG will quote on large trees ex ground (i.e. mature trees) if the client requires this. The client must be aware that there is a higher risk of these larger trees dying and the contract of purchase shall be directly between the supplier of the said large trees ex ground and the client with DSG facilitating. Any guarantees shall be provided between the client and the supplier.
9.3 DSG guarantees that grass seed supplied has been tested and conforms with current EC regulations. It should be understood that a sward cannot be made in one season and seed cannot be eradicated when DSG undertakes to cultivate land. DSG cannot therefore take responsibility for subsequent weed growth.
10. Quality of Workmanship
10.1 The quality of the workmanship provide by DSG will be in accordance with recognised constructional and horticultural practice and materials supplied will be suitable for their intended use.
10.2 Unless otherwise stated, timber supplied will be pressure treated. It should be noted that timber products can be prone to some natural movement for which DSG can accept no liability.
10.3 The client shall be responsible to notify DSG in writing of any defects in workmanship no later than 30 days after completion of the works. DSG shall endeavour to rectify/remedy any such defects in a timely manor. Any defects whatsoever arising or notified to DSG after the 30 day period shall be solely for the clients account and DSG shall have no further responsibilities to remedy or amend any of the contracted works. The works and contract shall be deemed to be complete in full at the end of the last day of works being carried out on site.
This contract shall be regarded as an English contract and shall be construed and the rights of the parties and all matters arising here under determined in all aspects according to the Law of England and Wales.