Legal
The following Terms and Conditions constitute a legal contract between the Client and the Company in relation to the Works to be carried out by the Company. As the Client, you have to ensure that you have read and understood these Terms and Conditions, particularly clause 7 (Liability), prior to accepting a Quote.
In these Terms and Conditions:
2.1 A Contract is formed when the Client accepts the Quote either in writing, verbally, or by payment of a deposit.
2.2 These Terms and Conditions apply to all Contracts and supersede any other terms the Client may seek to impose.
2.3 No variation to these Terms and Conditions shall be effective unless agreed in writing by an authorised representative of the Company.
3.1 All Quotes are valid for 30 days from the date of issue unless otherwise stated.
3.2 Quotes are based on information available at the time of survey. If additional work is required due to unforeseen circumstances (including but not limited to concealed drainage, underground obstructions, or access constraints), the Company will notify the Client and provide a revised cost estimate.
3.3 Prices quoted are inclusive of labour and specified materials unless otherwise stated. VAT will be added where applicable.
3.4 Any variation to the agreed scope of Works must be confirmed in writing. Additional works will be charged at the Company's standard rates.
4.1 A deposit of up to 50% of the Contract value may be required prior to commencement of Works. The exact deposit amount will be specified in the Quote.
4.2 The balance is due upon completion of the Works unless otherwise agreed in writing.
4.3 For larger projects, staged payments may be agreed prior to commencement and will be set out in the Quote.
4.4 Payment is accepted by bank transfer, cash, or such other method as agreed. Cheques are not accepted.
4.5 If payment is not received within 14 days of the invoice date, the Company reserves the right to charge interest at 8% above the Bank of England base rate per annum on the outstanding amount.
4.6 The Company reserves the right to suspend Works if payments are not made in accordance with these Terms.
5.1 The Client shall ensure clear and safe access to the site for the Company and its operatives on the agreed working days.
5.2 The Client shall notify the Company of any known underground services, utilities, or other hazards on the site prior to commencement of Works.
5.3 The Client shall obtain any necessary permissions, consents, or approvals (including planning permission, building regulations consent, or neighbour agreements) required for the Works prior to commencement.
5.4 The Client is responsible for the removal and storage of any personal property, garden furniture, ornaments, or equipment from the working area prior to commencement.
5.5 Where the Client provides materials, the Client accepts responsibility for the quality, quantity, and suitability of those materials.
6.1 The Company will endeavour to commence and complete Works within the agreed timeframe. All programme dates are estimates and not guaranteed.
6.2 The Company shall not be liable for delays caused by weather, supplier delays, access restrictions, Client-requested changes, or any other circumstances beyond the Company's reasonable control.
6.3 Works may be suspended during periods of severe weather where it is unsafe or impractical to continue. Any such suspension will be communicated to the Client promptly.
7.1 The Company's total liability to the Client in respect of all claims arising under or in connection with the Contract shall not exceed the total Contract value paid by the Client.
7.2 The Company shall not be liable for: (a) loss of profits; (b) loss of business; (c) loss of anticipated savings; (d) loss of data; (e) any indirect or consequential loss.
7.3 The Company shall not be liable for damage to any underground services, utilities, or structures that were not disclosed by the Client prior to commencement of Works.
7.4 The Company shall not be liable for damage to existing paving, surfaces, or structures where Works require plant or vehicles to cross those surfaces, unless the Company has failed to take reasonable precautions.
7.5 Nothing in these Terms and Conditions limits the Company's liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation.
7.6 THE CLIENT IS ADVISED TO READ THIS CLAUSE 7 CAREFULLY BEFORE ACCEPTING THE QUOTE.
8.1 The Company guarantees its workmanship for a period of 12 months from practical completion of the Works.
8.2 This guarantee covers defects arising from faulty workmanship and does not cover: (a) fair wear and tear; (b) damage caused by the Client or third parties; (c) damage caused by weather events or Acts of God; (d) plant failure due to causes beyond the Company's control (including pest, disease, or inappropriate aftercare by the Client).
8.3 Manufacturer warranties on materials and products are passed through to the Client where applicable.
8.4 The guarantee is invalidated if the Client or third parties carry out works on or adjacent to the installed surfaces without prior agreement from the Company.
9.1 The Company reserves the right to substitute specified materials where those materials are unavailable, provided that any substitute materials are of equivalent quality and specification, and the Client is notified.
9.2 All materials supplied by the Company remain the property of the Company until payment is received in full.
10.1 The Company will remove and dispose of waste generated by the Works in accordance with applicable legislation.
10.2 Disposal of hazardous materials, asbestos, or contaminated soil is not included in standard Quotes and will be charged additionally.
11.1 The Client may cancel the Contract by giving written notice to the Company.
11.2 If the Client cancels after a deposit has been paid but before Works commence, the Company may retain the deposit to cover costs incurred in preparation, including but not limited to material procurement, plant hire bookings, and programme allocation.
11.3 If the Client cancels after Works have commenced, the Client shall pay for all Works completed to the date of cancellation plus any costs reasonably incurred by the Company as a direct result of the cancellation.
11.4 The Company reserves the right to cancel the Contract if the Client is in material breach of these Terms, or if circumstances arise that make it impractical to complete the Works. In such circumstances the Company will return any deposit paid less costs reasonably incurred.
12.1 Any disputes arising under these Terms and Conditions shall be dealt with as follows: (a) the Client notifies the Company in writing within 14 days of the issue arising; (b) the parties use reasonable efforts to resolve the dispute within 30 days; (c) if unresolved, either party may refer the matter to a recognised dispute resolution body or seek legal remedies.
13.1 These Terms and Conditions are governed by and construed in accordance with the law of England and Wales.
13.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14.1 The Company will collect and process personal data provided by the Client only for the purposes of carrying out the Works and managing the contractual relationship. Personal data will not be shared with third parties without consent, except where required by law.
15.1 These Terms and Conditions, together with the Quote, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
15.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Last updated: May 2025. Highcliffe Gardeners, 47 Binley House, SW15 4PY. Contact: highcliffegardeners@gmail.com