SQUARE PEAR'S STANDARD TERMS & CONDITIONS

These are our standard terms and conditions for landscaping. Should you choose to go ahead with our services then job specific ones may be included.

Standard Terms and Conditions for landscaping work

1. All work undertaken will be discussed and agreed prior to the start date and all work will be completed from the original design by Square Pear unless otherwise agreed.
2. The quotation/original price for work includes all materials and labour where  stated from original design / agreement. 
3. All rights to designs created by Square Pear will remain in their ownership until payment is made by the client.
4. The client shall provide water and electricity, if needed, at no charge to  Square Pear. 
5. The client shall provide access to site and where appropriate storage space for materials at all times during the works progress and during Square Pear’s working hours. Our working hours are typically 8:00am - 5:00pm. Please allow travel time to and from the client’s home.
6. Square Pear is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not  made known to us in writing or apparent on visual inspection.  
7. The client will be responsible for all payments to Square Pear, unless  otherwise notified in writing prior to commencement. 
8. The total amount for the project will be provided to the client on our estimate documentation.

Payment

1. Deposits: Once you (the client) have agreed to book in a project with us and were the overall project is more than £1,000 we will ask for a payment of 25% of the overall project cost to be made before the start date. This is to cover a contribution towards materials costs which are often more than 50% of the overall project cost. 
2. Stage payments:  Following the initial deposit, stage payments will be agreed upon completion of phases within each project (as agreed with the client within the quotation / proposed design). Final payment will be made upon practical completion (the point at which the work is for all practical purposes sufficiently complete to be put into use but is not necessarily fully complete in all respects).
3. Final payment: A final payment of the remaining balance will be provided upon substantial completion of the work (the point at which the work is for all practical purposes sufficiently complete to be put into use but is not necessarily fully complete in all respects).. The work is substantially complete when all items described in the quotation have been constructed, installed or disposed of (if this is agreed in the quotation). Substantial completion shall not include adjustment, repair, replacement or cleaning of any item so constructed or installed after final inspection. Requests for adjustment, repair, replacement or cleaning of any constructed or installed item shall not be the cause for delay of final payment, but rather shall be considered warranty items.
4. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if were not paid according to agreed credit terms. Payment method are by BACS (Internet bank transfer) or cash.

Alterations or changes

1. Any addition and/or alterations to the schedule/project shall be properly treated as variations and subject to written instructions and additional  payments may be required to cover the agreed changes.
2. If the client adds extra work to the planned landscape gardening then this will be chargeable. If the measurements given for the garden, by the client, are incorrect, then again any extra labour and materials will be noted and charged to the client.
3. Creating designs is a creative process and we allow flexibility in this by allowing up to two rounds of alterations with all CAD work at no extra cost. Additional alterations after this will be charged at £50 per alteration
4. The price for any quotation provided will remain valid for up to two months after the date this is provided. Acceptance within this period will ensure no increase in the cost of the work specified. Any special conditions are noted in the quotation.
5. All or any special conditions, of which Square Pear has been informed are noted in the quotation.

After completion

1. We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion. If necessary we reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.
2. After practical substantial completion, we are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any material(s) including plants.
3. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established. Great care is taken to remove all weeds / roots from the site when being prepared; Square Pear cannot accept responsibility for subsequent weed growth on completion of the project.
4. Maintenance is not included in our offer unless specified as part of the quotation. Please let us know if you would like a separate quote for regular maintenance.
5. We shall not be liable for any defects arising from the client’s own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal or other abuse or damage caused by the client.
6. It is very important and the sole responsibility of the client to ensure we are made aware of any special/statutory bylaws/conditions/permissions that may be involved.
7. We accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.
8. Severe weather conditions, including drought, may cause the delay of the start date of the contract. This will not affect the original, agreed price.
9. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
10. All materials surplus to the work will remain the property of Square Pear and will be removed from site upon completion. The client can request to keep any surplus materials at no charge.
11. The quotation contains the entire understanding and agreement between the parties with respect to the work and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. No oral promises or agreements are a part of the project.
12. We will be entitled to suspend performance of work, or terminate any works if the client fails to pay any sum due to us, in accordance with the deposit, stage and final payment terms above.
13. Cancellation of work not received within 3 working days of scheduled start of work will be subject to a charge of 15% of the quoted price. If the original price included a materials payment, this amount will be non-refundable, as  materials would have already been purchased.
14. If you accept the quotation which will include a project proposal we reserve the right to use photographs of the project (before, during and after construction) in promotional material. Such promotional material will not include any personal information.
15. This agreement is subject to the laws of England and Wales and the courts of England and Wales.