Terms & Conditions
2. We will:
(a) Use good quality materials;
(b) Supply materials in accordance with the descriptions set out in the quote.
Please note, however, that slight variations in colour, shade, texture and consistency may occur, and we do not accept responsibility for such variations which may be caused. We do not accept responsibility for the temporary phenomenon of efflorescence, which can be seen in all products with high cement or resin content and will weather off naturally over time. Finally, as some of our products involve the laying or installation of natural products by hand, on rare occasions, small marks can be made during the installation process, and we cannot accept responsibility for such marks.
(c) Use every possible care to minimise the disturbance caused by our employees, contractors, vehicles, plant and equipment when preparing the premises for the work, when carrying out the Work and when vacating the premises after completion of the work. You accept, however, that there will be some disturbance to the Premises, the areas surrounding the Premises and the access routes to the Premises;
(d) Carry out the work in accordance with your reasonable instructions, as long as these are consistent with the terms of this agreement and, in particular, the specification on the quote;
(e) Continually improve our products, materials and methods and may vary the specification from time to time to reflect such improvements or to meet any changes in legal, safety or regulatory standards or requirements, provided that such variations do not significantly affect the performance or appearance of the work specified;
(f) Provide a total price as set out on the bottom of the quote or in accordance with Clause 5 of these terms and conditions.
3. You will:
(a) for larger projects we may ask you to pay a contribution to materials on completion of the groundwork, which would be 50% of the balance and the remaining balance of 50% is payable to us on completion of the works (unless otherwise specified on the front page of the quote). We schedule the work following receipt of a purchase order from you.. You should pay each payment to us on time as well as any charges that may apply under Paragraph 4. Our representatives accept payment by bank transfer.
(b) If a payment is late (More than 7 days), pay daily interest on any sum owed by you to us at the rate of 3% above the base rate for Bank of England from time to time. In addition, we may also charge you our reasonable administration costs (such as solicitor or debt collection agency fees) as compensation for breaking the terms of this agreement;
(c) Obtain any permission that is necessary for the Works, for example, from a landlord, lessor, neighbour, local authority or any other governmental department or agency;
(d) Provide us with access to the Premises as reasonably required to carry out the Work or where required any correction or repair of the Work;
(e) Take responsibility for the aftercare of the Works carried out at the Premises once installation is complete, including curing times for the material used.
(f) Permit us to display a sign, notice or advertisement which can be seen from outside the Premises giving our name and contact details;
(g) Permit us to take photographs or moving images of the Works for use in our portfolio of works carried out, for marketing purposes and/ or promotional purposes, provided that such images obscure all personal information and/or car registration numbers.
4. The cost of the Works is set out in the quote and is based on the presumption that excavation will be normal sub-soil and that no hidden obstacles will be encountered during any part of the Works. We reserve the right to make additional charges that are reasonable for any additional work resulting from unforeseen circumstances including, but not limited to, rock, running sand, unstable ground, insufficient foundation or other weaknesses resulting in the collapse of, or damage to, party walls and other similar structures, excess water, any pipes or conduits (not previously advised to us) used for the carrying of water, gas, electricity, communication, telephone, internet, drainage or other similar services. We will advise you of the nature of the obstacle requiring additional work, if these are discovered, as well as the likely charge in respect of such additional work. If additional charges are more than 40% of the sum agreed between us for the Works, you will have the right to cancel this agreement, provided that you pay us for:
(a) Works performed up to that point; (b) reinstatement of any Works; and (c) any third-party costs for which we are liable. If you ask us to carry out additional work beyond the scope of this
agreement, for example (and without limitation), additional square meterage, steps, walls or other additional works we will agree a price with you for that additional work. You accept that it will not always be possible to change the agreement to reflect this additional work and confirm to us that if we carry out the additional work you will pay us the additional amount agreed between us on the terms and conditions set out in this agreement.
5. The Total Cost of goods and services payable by you is set out on the front page of the quote, and this is the price payable by you. Where price cannot be reasonably calculated in advance and is not set out in the Total Cost of goods and services the price will be calculated by reference to the cost of material per square metre. Where measurements provided by you, or on your behalf are inaccurate, we reserve the right to charge the full price for the correct measurements. You accept that measurements for Works which include walls are taken from the footing of the wall and not from the bottom of the wall.
6. We will reasonably endeavour to commence Work on the Estimated Installation Date notified to, or agreed with, you. Time shall not be of the essence. We will not be responsible for any delays in the commencement of Works or for any failure to carry out the Work caused by circumstances beyond our control as set out at clause 8. We will contact you to let you know the day on which we intend to start the Work. Where possible, we will delay the start of Works on your reasonable request but provided that such delay is for no longer than 14 days, and any request to delay Works will be subject to our availability to reschedule at the time of your request.
7. We will reasonably endeavour to carry out the Work within the timescales specified but any such timescales shall be estimates only.
8. Circumstances beyond our control include, without limitation, strikes or other industrial disputes, adverse weather conditions, inclement conditions, failure of utilities or transport networks, acts of God, civil commotion, accidents, breakdown of plant or machinery, additional requests by you, unreasonable site conditions, or default of, or late delivery by, suppliers or sub-contractors.
9. We will not be liable for any failure to carry out the Works or losses arising from this failure if the delay or non-performance is caused by a breach of your obligations. Title to any goods supplied as part of these terms and conditions will not pass until we have received full payment in cleared funds for the goods. We have the right to remove those goods if we are not paid, and we have your permission to enter without force those parts of the Premises that are accessible to remove our goods.
10. We will not be liable for any damage to Works or materials where that damage results from
(a) algae (b) the use of chemicals, bleaches or contaminants by you (c) damage, neglect, negligence, misuse, alteration or staining; (d) movement, expansion or contraction of subsoil; (e) deterioration caused by temperature, weather, water, water content, tree roots or other natural occurrence; (f) repair or rectification of any alleged defect by anyone not authorised by or affiliated with us; (g) a failure to follow our instructions for the care of the Works and materials; (h) any use that is not reasonable or consistent with the purpose of the Works; (i) wear and tear; (j) a failure to follow manufacturers recommendations for the care of the Works and materials; (k) any use that is not reasonable or consistent with the materials selected for the Specification of Work because of a failure to notify us of unusual usage for the Works or the use of the Premises for commercial purposes or heavy loads; (l) weed and moss growth that can occur between paving blocks as, for example, airborne seeds settle into the sand and we are not responsible for such growth. Furthermore, we cannot be held responsible for damage caused to any existing utility services, pipes and cables that have been not been installed correctly and to the compliant building regulation depths.
11. NOTICE OF THE RIGHT TO CANCEL
12. a) You have a statutory right to cancel the agreement before work is commenced. In order to exercise your right to cancel, you must give written notice within 14 days before the agreed start date he works by filling in the cancellation notice on the bottom of the quote and sending it to: Landmark Landscaping and Driveways, Honey Orchard, Doverdale, Droitwich, WR9 0QB or by e-mail to info@landmarkdriveways.co.uk. Clause 5 above (but if a supplier agrees to waive an entitlement to full payment, we will, at our discretion, reduce the amount that you need to pay to us).
13. We have the right to cancel this agreement if, in the opinion of our surveyor, the Work cannot be satisfactorily carried out. We will arrange for any relevant surveys to be carried out without delay and notify you of the results as soon as possible after we receive the report. We may also cancel this agreement on giving notice to you at least 7 days before the Works are due to start.
14. If we fail to comply with any provisions of this agreement:
(a) We will only be responsible for any losses suffered by you which were a foreseeable consequence of our failure to comply with the relevant provisions of this agreement;
(b) We will not be responsible for any:
1. loss of income;
2. loss of anticipated savings;
iii. any waste of time; or
1. any increase in loss or damage resulting from a breach by you of any of the provisions of this agreement.
(c) We are not, in this Paragraph 13, limiting in any way our liability for:
1. death or injury caused by our negligence or the negligence of any contractor or sub-contractor;
2. fraud or fraudulent misrepresentation;
iii. any breach of any obligations implied by relevant statutes and law.
15. If any court or competent authority decides that any of the provisions in this agreement are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty that is not set out in this agreement. Each party agrees that it shall have no claim that a statement in this agreement is a misrepresentation or misstatement.
18. If we fail, at any time whilst this agreement is in force, to insist that you perform any of your obligations under this agreement, or if we do not exercise any of our rights or remedies under this agreement, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of the provisions of this agreement shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
19. A person who is not a party to this agreement will not have any rights under or in connection with this agreement under the Contracts (Rights of Third Parties) Act 1999.
20. This agreement will be governed by English law, and we both agree to the exclusive jurisdiction of the English courts.
GUARANTEE
Landmark Landscaping and Driveways offer a ten-year guarantee, the terms of which are laid out here.