These Terms and Conditions (terms) highlight your legal rights and obligations in relation to our services and any work carried out to completion. By accepting the quotation and arranging a start date for the agreed upon work, the client is deemed to be accepting all of the following terms.

 

1. Scope of Work

1.1 The work carried out shall be as detailed in the quote and sketch sent before work begins and will be to a standard a reasonable person can expect.

1.2 It is the responsibility of the client to outline the boundaries, underground cables, drains, or pipes before work begins and AGB Landscapes accepts no liability whatsoever for any losses or future disputes which the client may have with the owner(s) of neighbouring properties or other parties as a result of works which it carries out on or within the boundaries, cables, drains or pipes that the client has indicated to us.

1.3 The client is responsible for obtaining any planning permission that may be required before work begins; including the preparation and submission of any required paperwork to the local authority. AGB Landscapes takes no responsibility for loss or damages incurred as a result to failed planning permission or the client requiring planning permission in retrospect.

1.4 The quotation excludes excavation of/in rock; removal of any concrete deeper than 150mm thick; filling of wells, mines or shafts; removal of any air raid shelters; removal of asbestos; removal of any chemicals; the re-routing of any services unless otherwise specified.

1.5 Copyright Laws cover all designs and sketches. Any design by AGB Landscapes cannot be reproduced without prior written consent by AGB Landscapes. If the client would like to use a design by AGB Landscapes to receive other quotes, a fee of £75.00 is payable in full before consent can be given.

 

2. Quotation

2.1 All quotations are valid for 30 days only, and are subject to alteration once this date has passed.

2.2 The quotation is best estimate of price at the time of submission taking in to account existing site conditions and layout at the time of viewing. Material costs are ever changing, and some may need to be updated.

2.3 Acceptance of the quotation signifies acceptance of these terms and conditions of the contract documents and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the client will involve the client being liable to pay a cancellation fee and any loss of expenses incurred as a result at the discretion of AGB Landscapes.

2.4 The quote includes the work described only; and any other materials or labour costs above and beyond this quote will be liable to further costs which will be agreed upon with the client at the time.

2.5 AGB Landscapes reserves the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond AGB Landscapes control.

 

3. Payment

3.1 The client accepts that they will pay AGB Landscapes the full contract sum together with any Value Added Tax (VAT) properly chargeable upon the contract.

3.2 Payment terms (Inclusive of VAT):

Contract value up to £1000.00 – payable in full upon completion.

Contract value above £1000.00 in value – Materials cost (inclusive of VAT) will be paid prior to work commencing, with the remaining balance to be paid after completion (inclusive of VAT).

3.3 The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the quote on completion.

3.4 Unless otherwise stated all payments are due within 5 days of received dated invoice. If invoice is not settled within 30 days, AGB Landscapes reserve the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts (Interest) Act.

3.5 Materials which need to be purchased in advance will be seen as part payment as in section 3.2.

3.6 In the event it is necessary to institute legal recovery of any outstanding sums the client will be liable to pay AGB Landscapes legal fees in full.

3.7 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, including any delivery costs.

 

4. The Site

4.1 The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.

4.2 Access to water and electricity services will be provided by the client at no additional cost to AGB Landscapes.

4.3 AGB Landscapes shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. The client is responsible for all plant machinery on site once AGB Landscapes staff have left site after a working day.

4.4 AGB Landscapes undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if previously discussed. Unforeseen circumstances, such as weather, may hinder progress, and AGB Landscapes will make every effort to keep the client well-informed.

 

5. Construction & Materials on Site

5.1 AGB Landscapes always use reputable, high quality suppliers for the supply of turf, plants, trees, shrubs etc. AGB Landscapes is unable to guarantee their performance once AGB Landscapes has left the site.

5.2 Any structure or appearance of finished features is at the discretion of AGB Landscapes, unless agreed in writing by the client or AGB Landscapes prior to start of works.

5.3 Natural products, such as planting or sandstone paving etc., may show some colour or textural variations; therefore AGB Landscapes cannot guarantee supplied materials will be exact matches or representations to any possible samples provided.

5.4 AGB Landscapes will research and take advice of the supplier as to the best way to lay/build with the material and the best products to use with those materials. If there are any problems arising with the product and the supplier advice has been taken AGB Landscapes takes no responsibility, except where it has been improperly installed by AGB Landscapes.

5.5 Materials delivered to site become the responsibility of the client. AGB Landscapes accepts no responsibility for loss, damage, or expense after delivery of materials to site for any reason. Delivered plants if not planted will be stowed in a location agreed with the client. At this stage, responsibility for the loss or theft of these plants will rest with the client.

5.6 AGB Landscapes cannot be held responsible for the any discolouration or fading of colours over time due to efflorescence, which is a natural condition.

5.7 Wood is a natural product, and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. AGB Landscapes cannot be held responsible for the above taking place.

5.8 In extreme weather conditions, certain plants and materials such as some natural stone and other paving may be affected, suffering damage is not protected. The client should take necessary precautions to prevent damage as this is out of AGB Landscapes control.

 

6. Maintenance after Completion

6.1 All watering of plants, trees, shrubs and turf becomes the responsibility of the client once the contract has been completed and AGB Landscapes cannot accept any responsibility for the survival once the contract has been completed.

6.2 AGB Landscapes accept no responsibility for any horticultural defects other than plants, trees, and shrubs failing to break out into leaf unless a formal maintenance contract is entered in to.

 

7. General

7.1 This contract shall be regarded as a Scottish contract and shall be construed according toe the laws of Scotland. Irrespective of the place of signing this contract, it is deemed to have been made at AGB Landscapes address and all legal matter arising from the contract will be handled within the area of AGB Landscapes choice.

7.2 Any accidental or malicious damage caused by the client, or any third party during the course of the contract may incur an additional repair charge. Any damage sustained as above, is not the responsibility of AGB Landscapes after completion.

7.3 AGB Landscapes reserves the rights to use any drawings, photographs or plans produced by us for any future publications or displays whilst ensuring the anonymity of the client.

7.4 All materials and machinery left on site during the contract become the responsibility of the client once employees have left the site at the end of the working day.