Terms & Conditions — William Sutton Landscaping

TERMS & CONDITIONS

Prepared for [CLIENT]
by William Sutton Landscaping LLP
This Landscaping Services Contract (the “Agreement”) states the terms and conditions that govern the contractual agreement between William Sutton Landscaping LLP (the “Landscaper”) having its principal place of business at address and [CLIENT] (the “Client”) who agrees to be bound by this Agreement.
WHEREAS, William Sutton Landscaping LLP is engaged in the business of offering landscaping services; and
WHEREAS, the Client desires to retain the services of William Sutton Landscaping LLP to render landscaping services conforming to the Client’s chosen design and cost (The Estimate) and direction according to the terms and conditions herein.
NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, William Sutton Landscaping LLP and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

The Property
The location at which William Sutton Landscaping LLP shall perform such services is located at [CLIENT ADDRESS] (the “Property”). The Client warrants and represents that the Client either owns the Property AND/OR holds the authority to engage the Landscaper for the Landscaping Services requested on the Property. If the property is rented written permission from property owner will be required prior to any works commencing.
Terms & Cooling Off Period
a. William Sutton Landscaping LLP shall perform the Landscaping Services described herein (and outlined in the estimate provided) from the beginning of the project through until the end. No guarantees can be made with regards to weather, as such start dates are deemed flexible and can move accordingly, the same to which is applied to completion dates. All timings and dates provided are estimates.
b. Either Party may terminate this Agreement for any reason within 10 days written notice to the other Party.
Landscaping Services
William Sutton Landscaping LLP agrees that it shall perform the landscaping services described on estimate sheet attached/provided hereto (the “Landscaping Services”). In the event the Client changes the scope of the Landscaping Services after executing this Agreement, the cost of services and/or materials may increase. Any extra fee is agreed in writing and payable upon request to William Sutton Landscaping LLP by client.
Where natural products are used within the Landscaping Services (such as natural stone paving), William Sutton Landscaping LLP cannot guarantee exact markings, variations and colourings. Natural products will alter with the surroundings and changing climate, William Sutton Landscaping LLP cannot be accountable for how the natural products will alter with said climate.
It is also noted that until full payment has been received all materials and items supplied, belong to and are owned by William Sutton Landscaping LLP and should payment not be received on time and in full all items supplied belonging to William Sutton Landscaping LLP and are the sole property of William Sutton Landscaping LLP until otherwise paid for.
Client Responsibilities
The Client shall be responsible for the following to ensure the Landscape Services are sufficiently performed and maintained:
a. Accurately apprise William Sutton Landscaping LLP as to the boundary lines of the Property to ensure William Sutton Landscaping LLP does not encroach on any third party’s property. Failure to comply or give false information will be the responsibility of the client and under no circumstances will William Sutton Landscaping LLP be responsible or correcting. Access to other property not belonging to The Client as a requirement for the Landscaping works shall be provided and accessed by The Client
b. Accurately apprise William Sutton Landscaping LLP as to any subsurface utility and service lines including (but not limited to) electrical, telephone, water, TV, and gas lines drainage systems. Any amendments required due to subsurface will be the responsibility of the client including the removal replacement or damage to resulting from missing information, and any extra work involved will be chargeable to client at a reasonable rate explained at time of finding.
c.i. Have a clear and clean passageway for materials tools waste and personnel to safely and responsibly enter and leave your premises and by where skips are required to remove waste be within a position to have within 5 mtrs of the property (unless otherwise agreed).
c.ii. To provide a safe and secure area for storage of materials, plant and tools. Safely secure any plant tools and materials left on site whilst works are being completed where possible / agreed.
d. Provide water and safe electricity supply for the use towards completion of works without restrictions.
e. The upkeep and maintenance of all completed works, William Sutton Landscaping LLP will not be responsible should defects arise from poor care after completion of any works and any defect must be made fully aware to William Sutton Landscaping LLP as soon as it is noticed. Failure to report any said defects within reasonable time will not be the responsibility of William Sutton Landscaping LLP, but the clients. Any damage through neglect is also not the responsibility of William Sutton Landscaping LLP and will require proof of defect being caused by poor workmanship on our part.
f. Where applicable grass seed and planting and turfs
William Sutton Landscaping LLP guarantees that grass seed supplied has been tested and conforms to current EEC Regulations. It should be understood that a sward cannot be made in one season and that several seasons are needed and careful cultivation, weeding and feeding are essential. No land is free from weeds and accumulated weed growth and dormant weed cannot be eradicated in a few cultivation's. Therefore, when William Sutton Landscaping LLP undertakes to cultivate land it does not accept responsibility for subsequent weed growth after completion and will be solely down to the client to upkeep said lawn.
Plants and turfs supplied by William Sutton Landscaping LLP are sourced and supplied at a high standards but via independent nursery’s and although the purchase is made by us, we use outside nursery’s to supply said planting. This therefore means the responsibility of plants (inc. turf) after they are planted is and remains the sole responsibility of the client to maintain feed and water and any defects prior to planting will be taken up with supplying nursery prior to planting by us.
g. Where applicable all decking, fencing and other wooden items must be regularly cleaned and treated after installation; no responsibility will be taken for splits, green, dirty, or slippery deck boards, or timber items. The risk of injury to client and guests should maintenance not be carried out is solely the responsibility of the client.
h. Where applicable all patio and pointing, all walling rendered surfaces and painted surfaces must be regularly cleaned after installation. No responsibility will be taken for green, dirty, or slippery slabs, or walling. The risk of injury to client and guests should maintenance not be carried out is solely the responsibility of the client.
i. Settlement due to new buildings and walling is normal and little can be done to avoid, all settlement must be reported immediately to be tracked and made sure it does so safely. It is the responsibility of the client to inform William Sutton Landscaping LLP Immediately should any arise, failure to do so and the problem worsens will be the responsibility of the client and not William Sutton Landscaping LLP.
j. Any damage resulting from accidental or criminal intervention is not the responsibility of William Sutton Landscaping LLP but that of your insurers it is not our responsibility to ensure you have insurance but please be advised to inform your insurance company of all works being completed for your own piece of mind.
k. To pay all invoices on time and in full, sticking to payment schedule agreed by both client and William Sutton Landscaping LLP. Payment terms are highlighted within the estimate provided
l. Where parking restrictions in place at address of The Client and/or works to be carried, The Client is responsible for supplying relevant and correct parking permits and/or allowances provided for parking at the very least one vehicle for the duration of the works
Landscaper Responsibilities
In performing the Landscaping Services, William Sutton Landscaping LLP shall be responsible for the following:
a. Obtaining any permits required to perform the Landscaping Services. Except any planning applications to local authorities and any access to land not owned by The Client
b. Oversight, delivery movement of the materials to be purchased and delivered to perform the Landscaping Services
c. Clean the Property and remove all debris after performing the Landscaping Services. Via skip or other means chargeable to client.
No waste licence is owned by William Sutton Landscaping LLP, all waste removal is chargeable to client
d. Obtaining liability insurance in a minimum amount of £1,000,000 per occurrence for bodily injury, death, and property damage
e. Provide all materials fit for purpose and as described in estimation with exception for items covered by manufacturers warranty’s where by these will be passed to client for their own registration, failure to register said items is not the responsibility of William Sutton Landscaping LLP but that of the client and client alone.
f. Install all items fit for purpose or as described in installation manual for any or all items supplied
Promotion
The Client hereby authorises William Sutton Landscaping LLP to take photographs of the Client’s property for the use of promoting William Sutton Landscaping LLP at William Sutton Landscaping LLP discretion and grants William Sutton Landscaping LLP the sole right to the intellectual property of any such photographs.
Indemnification
The Client agrees to indemnify, defend, and protect William Sutton Landscaping LLP from and against all lawsuits and costs of every kind pertaining to the Landscaping Services, any false information delivered by the Client pertaining to the Property, or failure to deliver relevant information by the Client.
Modifications
No modification of this Agreement the design, plans or any other item shall be valid unless in writing and agreed upon by both Parties