Terms & Conditions - updated 02.09.24
1. Scope of Work – Landscaping Projects
1.1 The Contractor (Novaterra Landscaping Ltd) shall carry out and complete the landscaping work described in the specification of works with reasonable care and skill, in a proper and workmanlike manner. They shall have no obligation to execute any further work unless agreed in writing between the parties of the contract.
1.2 The client is responsible for obtaining and paying for any necessary permissions, licenses or consents, giving any notices for the works and for the fulfilling of statutory requirements.
1.3 Any drawings, images, catalogues are indicative and for illustration purposes of the services only. If there shall be any discrepancy between any specification and drawing, the description contained in the specification shall prevail over the drawing.
2. Quotation
2.1 The quotation is valid for a period of thirty days from the date shown in the quotation and thereafter lapses automatically.
2.2 The Contractor reserves the right to increase the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond their control.
2.3 The quotation is based on conditions known at the time of viewing. The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.
2.4 Acceptance of the estimate involves acceptance of these terms and conditions and will lead to a binding contract between the parties. 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 the Contractor of any loss or expense incurred as a result, including a claim for loss of profit.
3. Variations
3.1 Variations to the Works as specified in the quotation will only be undertaken when agreed between the Contractor and the Client and upon instructions given in writing by the Client to the Contractor.
3.2 It should be noted that 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.
3.3 If a garden design is submitted and this is changed by the Client, it is the Client’s responsibility to give detailed instructions in writing about any variations the Client would like to undertake and to inspect and approve any changes on site at the start of the works.
4. Payment
4.1 The client accepts that they will pay to the contractor the contract sum together with any Value Added Tax properly chargeable upon the contract sum.
4.2 All accounts are payable within seven days from date of invoice. Interest will be charged from the due date of payment of all invoices at 5%.
4.3 Unless otherwise specified in the quotation, the payment schedule shall be as follows:
For quotations below £15,000 in value:
- A non-refundable deposit of 5% of the original quotation shall be paid by the Client to the Contractor upon acceptance of the quotation by the Client.
- An advance payment of 45% of the original quotation shall be made by the Client to the Contractor upon commencement of work.
- A final payment of 50% is due within seven days of completion of works.
- A non-refundable deposit of 5% of the original quotation shall be paid by the Client to the Contractor upon acceptance of the quotation by the Client.
- An initial payment of 35% of the original quotation shall be made by the Client to the Contractor upon commencement of work.
- One further stage payment of 30% shall be made when requested in writing by the Contractor.
- A final payment of 30% is due within seven days of completion of works.
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 the Contractor prior to the submission date of the quotation. The Contractor shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.
5.2 Where no information is provided by the Client or the information provided in incorrect, the Contractor shall not be responsible for any damage which results to underground pipes or services and the Client shall bear the cost of rectifying this.
5.3 Timely possession of the site and proper and adequate access to it must be made available by the Client to the Contractor to enable the work to start and be carried out in a regular and economic manner.
5.4 The Client will provide access to water, electricity and toilet facilities for use by the Contractor in carrying out the work agreed. The provisions of these services and facilities, which may include portable toilets, shall be at the sole cost of the Client.
5.5 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.
5.6 The Contractor shall take all reasonable care with the Client’s property, including existing plants, during the provision of the services; however, the Supplier shall not be liable for any damage which is caused.
5.7 The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.
6. Completion, Delay and Disruption
6.1 The Contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall the Contractor incur any liability to the Client for any delays or non- performance arising from force majeure, adverse weather conditions or events beyond his reasonable control.
7. Materials on Site
7.1. Materials delivered to site become the responsibility of the Client and the Contractor 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 the Contractor’s requirements shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.
7.3 The Contractor 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.
7.4 The responsibility for the proper maintenance of the site passes to the Client upon completion of the Works unless otherwise agreed in writing.
8. Garden Maintenance
8.1 Garden Maintenance fees are based on an hourly rate. These will be given at the start of the works and need to be agreed by the client in writing. Maintenance is an ongoing process, with works being dictated largely by the conditions of the site. We will give a price for the hourly rate and the client is responsible to list the tasks he wants done, before and during the course of the works, or to specify the number of days/ hours of work he wants carried out. The final bill will depend on the time and materials spent.
9. Warranties
9.1 The Contractor guarantees that all plants and trees supplied are inherently healthy when planted and offers an establishment guarantee of 3 months on all stock we have supplied and planted. This warranty does not cover failure by the client to provide adequate after care and water to the plant(s) during the course of the warranty period, or plants that are selected by the customer that are unsuitable for the soil, location or conditions in which they are planted.
9.3 The Contractor guarantees that grass seed supplied has been tested and conforms with current EC regulations. The Contractor does not accept responsibility for subsequent weed.
9.4 The Contractor guarantees that all workmanship will be in accordance with recognised constructional and horticultural practice and that materials supplied will be suitable for their intended use and, where normal ground and weather conditions prevail, warrants a 12- month defects period from the date of practical completion for any workmanship found to be defective due to any cause other than theft, misuse, failure or adequately and properly maintain, neglect or failure to follow instructions or recommendations on the part of the Client.
9.5 The contactor is unable to offer guarantees for products supplied outside its own manufacture. Unless otherwise stated, timber supplied will be pressure treated. It should be noted that timber products can be prone to some natural movement in extreme weather conditions for which the contractor can accept no liability.
9.6 This warranty does not cover any damage arising from malicious damage, vandalism and/or Forces of Nature such as storm, excessive wind, flooding, drought and earthquake.
9.7 The Supplier shall, at his sole discretion, determine the manner in which he will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by providing a refund. This guarantee shall not become effective until the Client has paid the contract in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.
9.8 The Contractor 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 the Contractor.
10. Law
10.1 This contract and any dispute or claim arising out of it or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
11. General Data Protection Regulations (GDPR) & Data Protection Act 2018
Novaterra gardens & landscapes will only collect data about you that is necessary in relation to our dealings with you as a customer, so we may provide services to you, manage your invoicing and tell you more about our any special offers.
The following personal data will be collected from you: full name, postal address, telephone number and email address.
This information will only be safely shared with our accountancy services provider for so they can manage our VAT returns and prepare our Company statutory accounts for HMRC.
We can assure you that your personal details are never shared with anyone else, and we would never sell or misuse your details in anyway.
When we email you, it is always either individually or as BCC so no one else will see your email address.
We will keep your personal data for 7 years from the time we last provided services to you.
If you have any questions or do not wish to be added to our contacts list, please let us know via email to [email protected].
12. Garden Design
12.1 Garden Design quotations are valid for a period of thirty days from the date shown in the quotation and thereafter lapses automatically. The quotation includes the following Garden design stages:
- Stage 1: Briefing meeting. Site survey & analysis
- Stage 2: Concept, Layout & Materials Board
- Stage 3: 3D Visuals
- Stage 4: Planting Selection & Plants Board
12.2 We only carry out a basic garden survey as part of the design fees. For large and complex sites, particularly in terms of levels, or gardens with substantial tree coverage, additional charges may apply, or we may advise you to commission a detailed land or arboricultural survey.
12.3 The design concept/ layout will be based on the client and site's requirements. The budget is used for guidance. The design will be aspirational and show the most attractive and functional scenario so the client can evaluate where to best spend their budget. Costs can only be calculated after the design is agreed, the geometry decided, and materials chosen. If the quotation for implementing the design exceeds the client’s budget, the design will need to be scaled down to the elements that are essential to the scheme, and materials simplified so they are affordable within the client’s budget. Alternatively, the design could be implemented in phases.
12.4 We provide electronic pdf copies of all stages of the project and hard copies of all drawings. One set of changes to the final layout plan (not to the 3D model views) is provided free of charge, if required. Further changes will be charged separately.
12.5 These include any necessary design amendments resulting from changes to the client's brief, variations to layout/ materials in order to meet budget or from the discovery of site hazards or obstructions, which are not discoverable upon visual inspection of the surface of the site at survey/ quoting stage.
12.6 Mood board images of hard landscaping materials, elements, plants and reference gardens are for indicative purposes and should not be taken as exact representation of the finished project.
12.7 Hard landscaping boards include specification of key materials and features suggested in the design. They do not include detailed construction drawings. These can be provided for an additional charge, if required.
12.8 Plants in the planting selection boards are shown at their mature size and best season. They will, however, flower at different times and be supplied young, at smaller sizes. Substitutions may be needed depending on plant availability at time of implementation. These will be agreed with the client beforehand.
12.9 The total number of plants is estimated based on the area and layout of planting beds/ borders and a proportionate breakdown by plant type is calculated for budgeting/ quoting purposes. Generally, the smaller the plant the greater the quantity. Exact plant quantities and plant locations are decided at the implementation stage. Detailed planting plans are not included in the above fees. If required, these can be provided for an additional charge.