Terms & Conditions

1. Acceptance of the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed) means that the Client has read and understood the terms and conditions set out below.  Any queries should be clarified before the job specification and associated costings (referred to here as The Contract) are accepted and The Works (the work referred to in The Contract) have begun.
2. All Contracts must be confirmed in writing before work commences. Email confirmation is acceptable but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions herein, in order that the Contract is legally binding.
3. No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing. Midlands Garden & Landscaping Ltd’ will provide pictures or samples to the client for paving to be used. The client’s agreement to the use of these products will be required before we install. Costs relating to any changes thereafter will be for the clients account. The ownership of the goods shall remain vested in the contractor until the goods have been paid for in full where upon ownership and liability will be passed over to the client.
4. A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract. Additional materials shall be quoted for and agreed to, before these added works are undertaken.
5. We ask that the Client ensures there is adequate access to the Site e.g. that all vehicles and other obstacles are removed, that gates, doorways and passageways are clear of obstruction and unlocked, that neighbours are notified where access is required to carry out the work. We also request that all dog mess be cleared from the Site, if the works cannot be carried Midlands Garden & Landscaping Ltd will charge the client extra to clean the mess.
6. The Client should inform Midlands Garden & Landscaping Ltd  regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the Contract. Should underlying rock or building rubble be found after quotation, the contractor will re-evaluate the situation and calculate the cost implications. This shall be for the clients account, over and above the original quote.
7. Should additional work arise due to unknown or undisclosed structures , then Midlands Garden & Landscaping Ltd may be required to add additional labour to the project or extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the client before proceeding further.
8. Neither party shall be under any liability to the other party for any loss, damage, injury, delay or failure to perform any obligation hereunder if the same is wholly or partly caused, whether directly or indirectly by circumstances beyond its reasonable control.
9.  We ask for parking permits or parking costs for vehicles attending the job site in connection with The Works and these costs will be charged in addition to the Contract sum, on completion of The Works.
10.  Any structural construction by Midlands Garden & Landscaping Ltd ’, for example retaining walls, paving, decking, and fencing will have a one year guarantee. This will cover any defects from workmanship but will not cover any third party damage, change of colour ,accidental damage or act of God. Any concerns or complaints after the Works have been finished should be given to Midlands Garden & Landscaping Ltd within 7 days of completion of Works.

 

Our terms of trading :

1. Maintenance: for one off works over a certain amount (at our discretion), where Midlands Garden & Landscaping Ltd  are required to purchase materials in advance, we request a deposit payment of 50% of the Contract sum, with final payment on completion. For larger projects payment terms/schedule are as per our landscaping department. Accounts are payable within 3 days of the invoice date.
2. Midlands Garden & Landscaping Ltd   hereby excludes liability to the Client for any loss, cost or damage of any kind arising out of or as a consequence of its failure to perform or complete the Works by reason of matters beyond Midlands Garden & Landscaping Ltd control and which it could not have reasonably foreseen at the date of the Contract.
3. Midlands Garden & Landscaping Ltd cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions.
4. Midlands Garden & Landscaping Ltd  cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work commencing.
5. Late payment of invoices for completed works, beyond our 3 day payment terms, will be subject to a 5% monthly interest charge (on all outstanding amounts). In addition a £50.00 administration charge will be added to each subsequent invoice, limited to one per month. Midlands Garden & Landscaping Ltd , once written/email agreement (as per Point 2) has been received, we/Midlands Garden & Landscaping Ltd reserve the right to enforce late payment charges in accordance with our terms and conditions.
6. Quotes are valid for 30 days from date of issue only.