TERMS & CONDITIONS OF CONTRACT
DEFINITION
”The Client” shall mean the person, company or firm buying the services, supplied by “Direct Gardens”. “The Materials” shall mean products or goods supplied by “Direct Gardens”.
WARRANT BY CUSTOMER:
“The Client” warrants that the site is free from springs, flooding, tree stumps, covered manhole’s, cavities, running sand, services pipes, (Electricity, Gas, Telephone, Cable TV, Water, Sewage or Land drains) or other hazards and obstructions, which are not visible during an initial surface inspection or have not been made known in prior to the commencement of the contract by “The Client” to “Direct Gardens”.
SPECIAL CONDITIONS:
In the event of any inconsistency between the written terms of the quotation and these written terms; the quotation shall prevail but without prejudice to the validity of these conditions as to all other matters.
a) “The Client” shall permit “Direct Gardens” to display site boards for the duration of the contract; these shall be placed in a discrete position, not to offend neighbours, obstruct pedestrians, traffic or to become a hazard.
ADDITIONAL WORK:
Any deviation from the specified quotation, estimate or plan or any work beyond that specified in the said documents which is undertaken at the request and consent of “The Client” shall be charged as EXTRAS.
CHARGES FOR EXTRAS:
All Extras are the subject of a separate quotation and shall be charged at rates in accordance with “Direct Gardens” ordinary practice of work.
VERBAL STATEMENTS:
No representation, statement or warranty made by an employee, agent or contractor shall be binding against “Direct Gardens” or affect the contract unless made in writing by “Direct Gardens”.
EXCESS MATERIALS & EQUIPMENT ON SITE:
Materials supplied by “Direct Gardens” shall be at their own risk immediately on delivery to the site and during the duration of the contract. All materials brought on site by “Direct Gardens” which prove to be in excess of the materials required to complete the contract, will remain the property of “Direct Gardens” and will be removed on completion of the contract by “Direct Gardens”.
a) “The Client” shall allow “Direct Gardens” licence to enter the site for the purpose of removing all other such property left on site by “Direct Gardens” after completion of the contract.
b) Where appropriate “Direct Gardens” will allow “The Client” to purchase excess or additional materials at an agreed cost.
QUOTATIONS & DESIGNS:
a) If “The Client” produces a drawing, plan or schedule produced for them by someone other than “Direct Gardens” any such design, specifications, measurements and/ or setting out works shall be the full responsibility of “The Client”.
b) “The Client” shall be fully responsible for all design, specifications, measurements and/ or setting out works conforming to planning & building regulations or any other statutory requirements and being fit for their intended use or purpose.
c) At “The Clients” request “Direct Gardens” shall produce a scale plan and a visual sketch; plus a 2nd draft (if required) at an initial cost of £295.00 + VAT.
d) All scale plans and visual sketch will remain the property of “Direct Gardens” until full settlement of the account.
TERMS OF PAYMENT:
a) “Direct Gardens” shall reserve the right to request a deposit and interim payment this being a percentage of the total amount of the written quotation.
b) Unless otherwise stated the final account is payable completion of the contract and such payment shall be of the essence of the contract.
c) Overdue accounts shall bear interest at 5% of the total amount outstanding for each calendar month during which the total account remains unpaid.
d) “Direct Gardens” shall request a deposit when materials need to be ordered for and paid for in advance, “Direct Gardens” shall inform “The Client” of the total amount due for any such materials, prior to ordering.
GUARANTEE:
a) Where a guarantee applies “Direct Gardens” shall reserve the right to withdraw, cancel or declare null and void the guarantee, if any sums of monies remain outstanding.
b) “Direct Gardens” will not guarantee the survival of plants, shrubs, tree’s, grass
seed and turf, but will ensure that all root-
“THE CLIENT” IS IN BREACH OF THE ABOVE WARRANTY:
If in consequence of such a breach; the contract cannot be completed or is by mutual agreement abandoned, as unduly to expensive, “Direct Gardens” shall be entitled to recover their charges in accordance for the work actually done. If the contracted work has been completed, but by reason of the breach of warranty “Direct Gardens” are put to increased costs of labour, materials, plant and equipment hire, these additional works & costs occasioned by the breach shall be charged as EXTRAS.
CANCELLATION OF THE CONTRACT BY “THE CLIENT”:
No cancellation of the contract is permitted. In event of cancellation, “The Client” will indemnify “Direct Gardens” fully against all expenses incurred with liquidated damages of 15% + VAT.
CANCELLATION OF THE CONTRACT BY “DIRECT GARDENS”:
“Direct Gardens” without prejudice to any other rights and remedies that they may possess shall be entitled to terminate this contract by registered post or recorded delivery to “The Client”, if “The Client” fails to make interim payments as per the contract confirmation and continues to default for a period of 7 days after receipt by registered post or recorded delivery.
ARBITRATION & JURISDICTION:
In the event of any dispute arising or concerning any claim under this contract, the same shall refer to the final decision to an Arbitrator appointed by mutual agreement. In the event that the parties fail to agree upon an Arbitrator within 14 days after either party has given written notice to the other to concur in the appointment of an Arbitrator, who has for the last 10 years been actively employed within the Landscaping Industry. The Arbitrator shall act as expert and shall be bound to follow the principles of law. The Arbitrators decision shall be final and binding and the cost of the proceedings shall be borne by both parties unless the Arbitrator in his or her absolute discretion decides otherwise.
FORCE MAJEURE & EXEMPTIONS:
“Direct Gardens” shall not be liable for any penalty for failure to deliver services
and materials arising from circumstances out with and beyond their control for non-
JURISDICTION:
The contract shall be governed in all respects by Scottish Law and subject to the sole Jurisdiction of the Scottish Courts.rts.