Unless otherwise agreed in writing by Greenstone Landscapes, hereinafter referred to as ‘The Company’, the following terms and conditions shall apply to all orders placed by the client, hereinafter referred to as ‘The
Customer’. Any stipulations or conditions within the order which would conflict with, negate, or compromise any of these terms and conditions shall be inapplicable unless expressly agreed in writing by The Company.
Acceptance of Order
Quotations remain open for acceptance by written order of The Customer for up to 28 days from date of issue. The Company may amend or cancel the quotation at any time until The Customer’s written order has been accepted in writing by The Company.
Ruling Price
a) The quotation is subject to market fluctuations and ruling prices of materials, labour, and insurance. At the time of delivery or during the period of the contract, where increased costs are incurred, The Company shall inform The Customer of any such increase, which once agreed, must be confirmed, and accepted in writing.
b) All unfixed materials and goods forming part of the contract shall remain the property of The Company until they have been incorporated into the works and until the works have been paid for in full.
c) The Company shall charge interest to the account of The Customer at the Bank of England rate current at the time plus 3% on any sums which are overdue for payment.
VAT
The ruling price is subject to VAT.
Contract Variations and Extras
a) The Company reserves the right to vary the specification set out within quotation by substitution of more suitable methods and/or materials, to not less than the quoted contract value should it become apparent during execution of the work that such alterations would be expedient and in the interest of The Customer in achieving the general objectives of the contract. Should such alterations result in a saving in cost, such saving will be discussed, agreed, and credited to The Customer.
b) When additional work not covered by this quotation is required, a further quotation will be submitted for acceptance by The Customer before any such work is commenced.
Terms of Payment
a) Immediate payment in full will become due upon satisfactory completion of the works unless stated to the contrary in writing by The Company.
b) The Company reserves the right to claim interim payments as the work proceeds.
Cancellation of the Works by The Customer
Cancellation or partial cancellation of an accepted order will only be agreed by The Company upon such terms which fully indemnify it against any loss that can reasonably be held due for such a cancellation.
Public Liability Insurance
Both The Company and The Customer shall affect and keep in force policies of insurance of adequate amounts against their respective liabilities under current statutes and at common law, for injuries to persons or damage to property arising out of and during execution of the contract and/or arising out of the action of any workmen employed or engaged by either of them. The Company currently carries indemnity insurance of £10 Million.
Consequential Damage
a) Unless due to negligence on the part of The Company, it shall not be held responsible for any consequential damage arising in connection with the execution of the contract. This does not affect The Customer’s statutory rights.
b) As and when requested, it shall be the responsibility of The Customer to ensure the removal of all vehicles, goods, stock, or articles from the area in which The Company is carrying out the works and to take all necessary steps to protect these items and The Company shall not be held responsible for the failure of The Customer to do so.
Statutory Requirements
It is the responsibility of The Customer to obtain any planning permission and/or approval for the works under any regulation or bye law of any local or other authority before commencement of the contract.
Hours of Work
The price quoted is to undertake the works during the hours of 08:00 – 16.30, Monday to Friday inclusive unless otherwise stated.
Site Access
The quotation is based upon unrestricted access for deliveries and works throughout the duration of the contract.
Delays
a) The Company shall not be held responsible for delays caused by strike, lock out, fire or flood, inclement weather, default of suppliers in late or incorrect delivery of materials or by any other circumstances beyond The Company’s control or for any loss as a result thereof.
b) The availability of materials and date of commencement of works cannot be guaranteed and can only be confirmed upon receipt of an official order.
Operations & Maintenance
Upon completion of the works and at The Customer’s request, The Company will provide an electronic copy of all relevant literature to undertake any maintenance required to the works.
Guarantees
a) All guarantees will be given in writing and subject the terms and conditions stated therein. The Company shall accept no obligation under the terms of a guarantee until all payments relevant to the works have been received in full.
b) When coatings or screeds are laid upon an existing substrate provided by The Customer, The Company accepts no responsibility for the substrate unless expressly stated.
c) Where levels and drainage are set by others, The Company accepts no responsibility for any standing water/ponding issues that may occur.
Colour Variance
Stone and other aggregates are subject to colour/shade variations and/or imperfections inherent to any natural product and may differ from any samples presented, therefore these are to be used as a guide not a control. Variations may also exist between different batches of any natural products supplied. The Company accepts no liability for any reasonable variances of this nature and The Customer accepts that such variations are not a defect and do not constitute grounds for rejection. This does not affect The Customer’s statutory rights.
Suitability Notice – Rust Staining (RIS)
The natural occurrence of iron minerals within aggregates cannot be controlled or eliminated, therefore The Company accepts no responsibility for any loss or damage suffered due to iron contamination that leads to rust staining within the finished surface.
Omission by The Company
Failure to enforce The Company’s rights, whether by way of indulgence or otherwise, shall not be construed as a waiver of any of The Company’s rights.