Terms and Conditions
Our ‘Terms and Conditions of Business’ document is found below. Please read through them carefully. By continuing to instruct this firm we shall be entitled to assume you have agreed to the terms and conditions therein. If you do not agree to our Terms of Business, please contact us in writing within 7 days outlining the areas you do not accept. We will then arrange a meeting with you and attempt to agree on terms with you. If we do not hear from you, you will be deemed to have accepted our terms of engagement and these terms shall apply to any future instructions given by you to this firm.
Gardening
1. All work undertaken will be discussed and agreed upon prior to the start date and all work will be completed by Lakeland Gardens Ltd unless otherwise agreed.
2. The price for work will be presented in a quotation.
3. The quotation will be valid for six weeks.
4. The client shall provide water and electricity, if needed for the purposes of carrying out the work in the quotation, at no charge to Lakeland Gardens Ltd.
5. The client shall provide access to the site during Lakeland Gardens Ltd’s normal working hours, and during the work’s progress. If possible the client will provide also a storage space for materials.
6. Any addition and/or alterations to the schedule shall be treated appropriately as variations and subject to written instructions and additional payments may be required to cover the agreed changes.
7. Lakeland Gardens Ltd is not able to accept responsibility for any damage to the (or cost involved with) any underground hazards, obstructions, or services not made known to us in writing or apparent on visual inspection. The foregoing does not apply to damages that should have been reasonably foreseen by Lakeland Gardens Ltd with its expertise, i.e. where damage arose because of negligence or failure to use reasonable care and skill.
8. The client will be responsible for all payments to Lakeland Gardens Ltd unless otherwise notified in writing prior to commencement. Lakeland Gardens Ltd will send an invoice to the client after each visit or end of the month if there are multiple visits per month.
9. Payment terms are 14 days from the date of invoice. Payment methods are by BACS (Internet bank transfer) or by cheque. We retain the right for the service to be suspended immediately if an invoice or invoices remaining outstanding for more than three months.
10. The Client shall inform Lakeland Gardens Ltd about any special/statutory Bylaws/Conditions/Permissions that may be involved and remains responsible for failure to do so. Lakeland Gardens Ltd is not liable for non-compliance with the obligations resulting from the documents mentioned hereinabove unless non-compliance is caused by Lakeland Gardens Ltd’s negligence or failure to act with reasonable care and skill.
11. All or any special conditions, of which Lakeland Gardens Ltd has been informed, are noted in the quotation.
12. Lakeland Gardens Ltd accepts no responsibility for works that have been carried out on land that is not under the ownership of the client if, with reasonable care, Lakeland Gardens Ltd was not aware and could not have been reasonably aware before the commencement of the works that the land is not under the ownership of the client. It is assumed that all planning laws or regulations have been applied before the commencement of any work.
13. Severe weather conditions, including drought and cold weather, may cause damage to living plant material, Lakeland Gardens Ltd will not be held responsible for any such damage. Severe weather may also delay the start date of the quotation. This will not affect the original, agreed price.
14. The number of visits per year stated in the quotation of costs may change slightly due to unforeseen weather conditions or the individual requirements of your garden at the time. In the event of a smaller amount of visits than agreed, Lakeland Gardens Ltd will reimburse the client a proportionate amount of costs.
15. Due to Health & Safety regulations it is the client’s responsibility to keep the site clean of dog excrement and/or a large amount of litter. Lakeland Gardens Ltd reserve the right to charge for the visit in proportion to losses incurred by Lakeland Gardens Ltd as a result (unless agreed otherwise) if the site is not safe to work on the date of a scheduled visit.
16. If access to the site is prevented on the date of a scheduled visit or if less than 5 days’ notice is given Lakeland Gardens Ltd reserves the right to charge for the visit in proportion to losses incurred by Lakeland Gardens Ltd as a result.
17. All or any special conditions, of which Lakeland Gardens Ltd has been informed, are noted in the quotation.
18. Lakeland Gardens Ltd undertakes to ensure our activities against all risks whilst engaged on your site – a copy of our third-party public and employer’s liability insurance document can be made available on request.
19. Notice must be given, both parties can make changes or terminate the quotation/maintenance schedule any time during its term by providing one month’s written notice. Any changes or terminations made within a month of the planned work date may be chargeable.
20. The quote includes all labor and if specified, green waste disposal.
21. The term waste removal refers only to waste produced by Lakeland Gardens Ltd during the course of quotation, it excludes disposal of any material otherwise on-site.
22. Lakeland Gardens Ltd is registered as a waste carrier under the control of the pollution act 1989.
23. Lakeland Gardens Ltd is registered as Lakeland Gardens Ltd Reg. No.: 09971592, VAT No.: 244526020.
Landscaping
1. All work undertaken will be discussed and agreed upon prior to the start date. The arrangements between the client and Lakeland Gardens Ltd may be reflected in the drawing or a project, constituting the schedule to the quotation. All work will be completed from the original design by Lakeland Gardens Ltd unless otherwise agreed.
2. The price for work will be presented in a quotation. The price for work includes all materials and labor unless stated otherwise.
3. The quotation will be valid for 30 days.
4. The client shall provide water and electricity, if needed for the purposes of carrying out the work specified in the quotation, at no charge to Lakeland Gardens Ltd.
5. The client shall provide access to the site during Lakeland Gardens Ltd’s normal working hours, and during the work’s progress. If possible the client will provide also a storage space for materials.
6. Any addition and/or alterations to the schedule and/or the drawing or a project shall be treated appropriately as variations and subject to written instructions and additional payments may be required to cover the agreed changes.
7. Lakeland Gardens Ltd is not able to accept responsibility for any damage to the (or cost involved with) any underground hazards, obstructions, or services not made known to us in writing or apparent on visual inspection. The foregoing does not apply to damages that should have been reasonably foreseen by Lakeland Gardens Ltd with its expertise, i.e. where damage arose because of negligence or failure to use reasonable care and skill.
8. The client will be responsible for all payments to Lakeland Gardens Ltd unless otherwise notified in writing prior to commencement. Stage payments against works completed/materials on-site to be made at weekly intervals. Final payment to be made following satisfactory completion and payable within 7 days of our invoice unless otherwise agreed.
9. All our workmanship is covered by 1 years warranty. The foregoing does not affect the consumer’s legal rights in relation to faulty or misdescribed goods or services.
10. The Client shall inform Lakeland Gardens Ltd about any special/statutory Bylaws/Conditions/Permissions that may be involved and remains responsible for failure to do so. Lakeland Gardens Ltd is not liable for non-compliance with the obligations resulting from the documents mentioned hereinabove unless non-compliance is caused by Lakeland Gardens Ltd’s negligence or failure to act with reasonable care and skill.
11. All or any special conditions, of which Lakeland Gardens Ltd has been informed, are noted in the quotation.
12. Lakeland Gardens Ltd accepts no responsibility for works that have been carried out on land that is not under the ownership of the client if, with reasonable care, Lakeland Gardens Ltd was not aware and could not have been reasonably aware before the commencement of the works that the land is not under the ownership of the client. It is assumed that all planning laws or regulations have been applied before the commencement of any work.
13. Severe weather conditions, including drought and cold weather, may cause damage to living plant material, Lakeland Gardens Ltd will not be held responsible for any such damage. Severe weather may also delay the start date of the quotation. This will not affect the original, agreed price.
14. Upon satisfactory completion of the quotation 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. Lakeland Gardens Ltd cannot accept responsibility for subsequent weed growth on completion of the project.
15. 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.
16. Severe weather conditions, including drought, may cause a delay of the start date of the quotation. This will not affect the original, agreed price.
17. If, during the quotation term, works on site will be delayed due to other companies, employed by the client, Lakeland Gardens Ltd reserves the right to reschedule the works and to seek from the client recovery of reasonable costs incurred as a direct result of delays caused by such other companies.
18. All materials on site remain the property of Lakeland Gardens Ltd until payment is received in full. Materials surplus to the quotation not covered by and not intended to be used in the performance of the quotation, delivered with the materials necessary to perform the works specified in the quotation will remain the property of the contractor and will be removed from the site upon completion. Maintenance is not included in the quotation unless specified.
19. Cancellation of work not received in writing within 30 days of the scheduled start of work will be subject to a charge of 50% of the quoted price.
20. The quotation constitutes the entire agreement between the parties with respect to the work and replaces and nullifies all prior written and oral agreements, negotiations, letters of intent or offers in that respect. The client shall ensure that anything discussed or agreed verbally with Lakeland Gardens Ltd prior to the commencement of work is contained in the quotation and the drawing or a project (if prepared).
21. If you accept the proposal we reserve the right to use photographs of the garden (before, during, and after construction) in promotional material. Such promotional material will not include any personal information.
22. Lakeland Gardens Ltd is registered as a waste carrier under the control of the pollution act 1989.
23. Lakeland Gardens Ltd is registered as Lakeland Gardens Ltd Reg. No.: 09971592, VAT No.: 244526020.
Garden Design
1. Concept garden design quotes allow up to three revisions, after which additional costs may be incurred.
2. We will be allowed to refer to you in any publicity after the Services have taken place provided we receive your written consent in advance (including the taking and publication of photographs of the Works and the Site).
3. We are the owner of all intellectual property rights in the Designs together with the rights to any developments and modifications in such Designs. Upon receipt of full payment, we will grant you a non-exclusive, perpetual, non-transferable and personal licence to use the Designs for your own internal business or residential purposes at the location set out in the Proposal, but for no other purpose. You may not allow any third party to use any of those Designs; use those Designs on behalf of or for the benefit of any third party; sub-license the use of the whole or any part of those Designs; recreate the Design at a different location or transfer them to anyone else without our prior written permission.