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Terms & Conditions for Garden Design and Associated Works
These Terms and Conditions shall apply to and are incorporated in any quotation or estimate (hereinafter referred to as the Estimate) provided by MF Greenscapes (hereinafter referred to as the ‘MFG’) to you, the client (hereinafter referred to as the ‘Client’) and shall be deemed to apply unless expressly modified or excluded by the Contractor. These Terms and Conditions have been written to protect the Client and the Contractor (hereinafter referred to as the Parties) and form a binding contract (hereinafter referred to as the ‘Contract’).
These Terms and Conditions govern the relationship between our company and our clients. By engaging our services, you agree to comply with and be bound by these terms.
Please read them carefully to understand your rights and obligations.
DEFINITIONS
The definitions and rules of interpretation in this clause shall apply in these terms and conditions.
Client means the person, firm or company who enters into a contract with the Contractor for the provision of Works.
Contractor means MF Greenscapes (hereby known as “MFG” or “we” ) who will provide all design works and/or carry out all of the landscaping works as set out in the estimates and agreed to by the Client.
Commencement Date means the date that MFG shall commence work as agreed between MFG and the Client, but no later than 30 days from the date of the Estimate, unless otherwise agreed in writing between MFG and the Client.
Completion Date means the date the Works are intended to be completed as agreed between the Client and MFG.
Contract Sum means the price of the Works set out in the Estimate and accepted by the Client excluding VAT unless otherwise specified in writing by MFG.
Intellectual Property means the design, plant or material lists, drawings or specifications submitted by MFG (whether before or after the making of the contract).
Estimate means the written estimate provided by MFG for the completion of the Works.
Site means the location where the Works are to be performed by MFG. Specification means all written documents including detailed plans and/or drawings describing the Works provided by MFG.
Works means the work to be carried out by MFG under the contract as set out in the Specification together with any other services which MFG agrees to provide to the Client.
Specification means the written quotation provided to incorporating a description of the Works and the Estimate and into which these terms and conditions are deemed incorporated.
Paragraph headings shall not affect the interpretation of these terms and conditions.
A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns. Words in the singular shall include the plural and vice versa. Variations means variations to the Works as specified in the estimate.
1. SCOPE OF WORK
1.1 MFG shall carry out and complete the landscape work described in the Estimate document in a good and workmanlike manner. We shall have no obligation to execute any further work unless agreed in writing between the Contractor and the Client. If there is any discrepancy between any Specification and any drawing then the description contained in the Specification shall prevail over the drawing.
1.2 The Client is responsible for obtaining any necessary planning or other permissions required for the Works and for fulfilling any statutory requirements. MFG takes no responsibility for loss or damages resulting from failed planning or other permissions, additional planning applications or other retrospective planning.
2. ESTIMATE
2.1 MFG shall provide an Estimate in writing specifying the Works to be carried out and a breakdown of the cost of the Works.
2.2 The Estimate shall remain open for acceptance for 30 days (or such other period as may be agreed in writing) from the date it is provided by MFG. If the Estimate is not accepted by the Client in writing or any other means within this period, the Estimate shall lapse and be deemed to have been withdrawn.
2.3 If the Client accepts the Estimate in writing or any other means within the period stipulated in clause 2.2 the price contained in the Estimate shall become the Contract Sum except as expressly provided in these terms. A binding contract will come into existence when the Client accepts the Estimate in writing or any other means and the deposit shall become payable.
2.4 It should be noted that any attempted or any actual cancellation thereof by the Client may involve the Client in a claim for recovery by MFG of any loss or expense incurred as a result, including a claim for loss of profit.
2.5 MFG accepts no liability for any negligent act or omission or any default under this contract, save for injury or death caused by the negligence of MFG and/or its subcontractors.
3. VARIATIONS
3.1 The Client may issue, to MFG, reasonable instructions to vary or modify the quality and quantity of the Works. All instructions given by the Client must be given in writing. MFG is not under any obligation to carry out verbal instructions until confirmed in writing, except in the case of an instruction being issued by the Client in an emergency e.g. health and safety matters. All instructions issued in an emergency shall be confirmed in writing within 3 days and MFG shall be entitled to be paid for work properly carried out in accordance with any such instruction.
3.2 If the variation alters the cost of carrying out the Works, MFG will provide a written Estimate and cost breakdown for the cost of carrying out the variation and any effect it will have on the Completion Date. The Client and MFG shall agree an adjustment to the Contract Sum in writing or any other means. If the Client receives the amended Estimate and wishes to proceed, the Client shall confirm its instruction to proceed in writing or any other means, accepting the new Estimate and the extended Completion Date.
3.3 Where any additional or substituted work is of a similar nature to the Works, such works should be valued to the cost breakdown set out in the Estimate. Additional or substituted work shall be valued at a fair and reasonable rate and price agreed prior to execution and any additional payment due to MFG or any extension to the Completion Date shall be added to the Contract Sum and Completion Date respectively. MFG accepts no liability for increases to the Contract Sum and extensions to the Completion Date which result from variations to Works as instructed and agreed by any means by the Client.
3.4 MFG’s personnel or the staff of other relevant supply companies working on Site have no authority to vary the contract in any way and any requests to vary must be made to MFG in writing and agreed in writing.
4. PAYMENT FOR HARD AND SOFT LANDSCAPING WORKS
4.1 MFG shall carry out and complete the landscape work described in the Estimate document in a good and workmanlike manner. We shall have no obligation to execute any further work unless agreed in writing between the Contractor and the Client. If there is any discrepancy between any Specification and any drawing then the description contained in the Specification shall prevail over the drawing.
4.2 The Client is responsible for obtaining any necessary planning or other permissions required for the Works and for fulfilling any statutory requirements. MFG takes no responsibility for loss or damages resulting from failed planning or other permissions, additional planning applications or other retrospective planning.
4.3 The Client is responsible for obtaining any necessary planning or other permissions required for the Works and for fulfilling any statutory requirements. MFG takes no responsibility for loss or damages resulting from failed planning or other permissions, additional planning applications or other retrospe tive planning.
4.4 The payment schedule for landscape works shall be as follows;• A non-refundable deposit of 30% or a fixed amount specified by MFG of the original Estimate shall be paid by the Client to MFG upon acceptance of the estimate by the Client in writing or any other means.• A stage payment of 20% or a fixed amount specified by MFG of the original Estimate shall be made by the Client to MFG prior to commencement of work.• Two further stage payments of 25% or fixed amounts specified by MFG shall be paid by the client to MFG when requested in writing or any other means by MFG.• The client will be required to make a final payment of 25% or a fixed amount specified by MFG of the original Estimate when requested in writing or any other means by MFG.• Any additional works agreed in writing or any other means by the Client and MFG over and above the original works estimated shall be paid by the Client to MFG when requested in writing or any other means by MFG.• All parking charges and congestion charges will be added if applicable and paid in full by the Client
4.5 Outstanding debt/payments will be handed over to and collected on behalf of MFG by an external debt collection agency. Should this action be required, the debtor (Client) will pay, without exception, any and all commissions or fees charged by the debt collection agency to MFG for carrying out the debt collection. Debt collection agencies may be instructed to collect outstanding payments owed to MFG by the Client as soon as payments become due and have been requested in writing or by any other means by MFG.
5. INTELLECTUAL PROPERTY
5.1 The designs, associated drawings and any other intellectual property produced by MFG for the Client may not be reproduced or used for any purpose without prior written consent by MFG. MFG own all intellectual property rights in all of the materials its produces. Once full payment has been made by the Client for the design/ s, the Client may then, if so desired, approach other contractors to quote for the project. The design/s and all other materials produced by MFG will remain its property in respect of any intellectual property rights. Design/s, drawings or photographs may not be used for any marketing purposes by any third party use unless specifically authorised in writing by MFG. MFG has the right to use and the Client consents to the use of any photographs of the Works taken by MFG or sent to MFG by the Client for marketing purposes on MFG’s website and social media platforms or on any other marketing materials for MFG.
5.2 Payments for all design/s and any materials or design works produced by MFG for the Client shall be made by the Client as per the design Estimate and when requested in writing or by any other means by MFG.
6. THE SITE
6.1 The Client warrants that the Site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the Site or made known in writing to MFG prior to the submission date of the Estimate. MFG shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.
6.2 Timely possession of the Site and proper and adequate access to it must be made available by the Client to MFG to enable the work to be carried out in a regular and economic manner.
6.3 The Client will provide access to water, electricity and toilet facilities wherever possible for use by MFG in carrying out the Works. The provisions of these services and facilities shall be at the sole cost of the Client.
6.4 The Client shall be responsible for ensuring the safety of their children, family members, pets, animals and visitors at all times whilst Works are being carried out on their premises. The Client is responsible to ensure any pet or animal waste/mess/ faeces will be cleared from the Site at all times.
6.5 MFG shall be free from any liabilities, structural or accidental, when using its machinery on the Site, except for accidents caused by any improper use or negligent act.
7. DELAY OR DISRUPTION
7.1 MFG shall enter the Site and commence the Works on the Commencement Date and shall proceed with due diligence and use reasonable endeavours to complete the Works by the Completion Date. Time shall not be of the essence in carrying out these Works.
7.2 If it becomes reasonably apparent to MFG that the progress of the Works is being delayed and/or the Works will not be completed by the Completion Date, MFG shall, within 7 days of any event or occurrence giving rise to such delay, notify the Client in writing of the cause and duration of such delay. The Completion Date will be extended by a fair and reasonable amount of time if MFG: • has to spend extra time completing the Works because of variations made to the Specification and/or Works by the Client;
• is delayed and cannot complete the Works on time due to an act or omission of the Client;• cannot finish the Works on time for reasons beyond its control such as:a. excessively adverse weather conditions or other force majeure events;b. variable Site conditions;c. machinery malfunction;d. any other delay or change of mind caused by the Client;e. any delay by third parties such as manufacturers, suppliers, designers or architects involved; and/orf. late delivery of materials to Site or failure to provide materials at all.These examples are indicative only and not intended to be an exhaustive list.
7.3 MFG shall be entitled to claim any additional costs incurred as a result of the Completion Date being extended due to any events in clause 7.2 as well as retail the full deposit paid. Such additional costs shall be added to the Contract Sum. Wherever possible MFG will endeavour to ensure all materials are on Site as scheduled, however, MFG does not accept liability for delays outside of its control such as the non-exhaustive listed in clause 7.2.
7.4 In the event that any other works are being or going to be carried out by other contractors, i.e, building works, on the Site at the same time as the landscaping works and will impact on the landscaping works, in any way, then MFG will have the right to delay the start date of the landscaping works until such time as all other tradesmen are finished their works completely and are off site. The Client will inform MFG of the completion date of any works that may affect the landscaping works. MFG shall not be liable for any costs the Client may incur as a result of an extended start date for the Works. MFG shall be entitled to claim any additional costs incurred and loss of earnings as a result of the Start Date being extended due to any other works being carried out by other tradesmen impeding on the Site.
7.5 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
8. PLANTS AND MATERIALS ON SITE
8.1 Materials delivered to Site immediately become the responsibility of the Client and MFG accepts no liability for any loss, damage or expense after delivery of the materials to Site.
8.2 All materials brought to Site which prove to be in excess to MFG’s requirements shall remain the property of and shall be removable by MFG who shall have the right to enter the Site for that purpose.
8.3 MFG shall not be liable for any loss or theft of materials from Site. Any additional materials required following damage, loss or theft shall be at the Client’s expense.
8.4 All plants, trees, garden accessories, hard landscaping materials and associated delivery costs will be paid for in full, and prior to delivery to Site, by the Client once the estimate for such items has been accepted in writing or any other means by the Client. Any costs incurred by MFG as a result of a change of mind of the Client or returns or cancellations requested by the Client for any plants, trees, garden accessories or hard landscaping materials and after any such items have been prepared for delivery or have been delivered by the relevant suppliers to site or have been paid for by MFG, will be solely the Clients responsibility. Any and all associated costs will be immediately payable to MFG in full, upon written presentation of an invoice for these cost to the client by MFG.
8.5 All materials and plants brought or delivered to Site and/or however incorporated into the Site shall remain the property of and shall be immediately removable by MFG who shall have the right without exception to enter the Site for that purpose until the Contract Sum and any/all extra works agreed in writing or any other means have been paid in full.
8.6 In the event it is necessary to institute legal recovery of any outstanding sums the Client will be liable to pay MFG’s legal fees in full, in respect of recovery of outstanding sums and the Contract Sum.
8.7 If the delivery date of goods is delayed by the Client, MFG reserves the right to charge the Client the daily labour rate for all staff on Site until the material arrives.
8.8 In the event that a change in materials from that already delivered on Site is required as a result of the Client changing its mind, the Client will be solely responsible for payment of all additional costs.
9. MAINTENANCE
The responsibility for the proper maintenance of the Site and all plants and materials immediately passes to the Client upon completion of the Works unless otherwise agreed in writing.
10. PLANTS AND PLANTING
10.1 MFG guarantees that all plants, trees and grass supplied are inherently healthy when delivered and planted. Responsibility cannot be accepted for loss or damage before or after planting since subsequent site conditions are beyond MFG’s control. If a particular variety (i.e. species or cultivar) is not available a suitable substitute will be selected. MFG shall not be responsible for damage or losses caused by pests and diseases. No guarantees for any plants or trees shall be provided by MFG under any circumstances once they arrive on site.
10.2 Mature Trees and plants. MFG will quote on large trees ex ground (i.e. mature trees) if the Client requires this. The Client must be aware that there is a higher risk of these larger trees dying. No guarantees for any plants or trees shall be provided by MFG under any circumstances.
10.3 MFG guarantees that grass or grass seed supplied has been tested and conforms with current EC regulations. It should be understood that a sward cannot be made in one season and seed cannot be eradicated when MFG undertakes to cultivate land. MFG cannot therefore take responsibility for subsequent weed growth. No guarantees for any grass or grass seed shall be provided by MFG under any circumstances once laid.
11. QUALITY OF WORKMANSHIP
11.1 The quality of the workmanship provide by MFG will be in accordance with recognised construction and horticultural practices and materials recommended and/or supplied will be suitable for their intended use.
11.2 Unless otherwise stated, timber supplied will be pressure treated. It should be noted that timber products can be prone to some natural movement for which MFG can accept no liability.
11.3 Paving, pointing and all other hard landscaping works. MFG shall not be responsible for any repairs to paving, pointing or any other hard landscaping works carried out due to any ground movement, settling, use of chemicals of any kind to clean surfaces or remove snow and ice, frost damage or freeze thaw action occurring in cement of brickwork, patio or paving and other concrete structural bases, weather of any kind, i.e, heat or drought, snow or ice, wind, fire, water or any other reason. MFG shall not be responsible for any damage or repairs of any kind which are caused by the Client, Client’s friends/family, machinery or any other reason out of MFG’s control. This applies to any and all contracted Works MFG has carried out. Any repairs for such damage will be solely for the Client to rectify.
11.4 Consumer Rights
1. MFG shall use reasonable efforts to ensure that the provision of the Works is trouble-free. If, however, there is a problem with the Works provided under this contract, the Client must inform MFG as soon as is reasonably possible. MFG shall use reasonable efforts to remedy problems with the Works as quickly as is reasonably possible and practical.
2. MFG will not charge the Client for remedying problems under this Clause 11.4 where the problems have been caused by MFG, any of their agents or employees or sub-contractors. If MFG determines that a problem has been caused by incorrect or incomplete information or action provided or taken by the Client, MFG may charge the Client for remedial work.
3. Consumers have certain legal rights with respect to the purchase of services. For full details of a consumer’s legal rights and guidance on exercising them, it is recommended that the Citizens Advice Bureau or Trading Standards Office be contacted. If MFG does not perform the Works with reasonable skill and care, the Client shall have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience, the Client shall have the right to a reduction in price. If the Works are not performed in line with information that MFG has provided about them, the Client also has the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience, the Client shall have the right to a reduction in price. If for any reason MFG are required to repeat the Works in accordance with the Client’s legal rights, MFG will not charge the Client for the same and MFG shall bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full cost of the Works and, where you “The Client” have already made payment(s) to MFG, it may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which MFG agrees that the Client is entitled to the refund) and made via the same payment method originally used by the Client. In addition to the Client’s legal rights relating directly to the Works, they also have remedies if MFG used materials that are faulty or incorrectly described.
12. CHANGES TO TERMS AND CONDITIONS
MFG reserves the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website or by notifying you in writing. Your continued use of or access to our website or the service or estimates constitutes acceptance of those changes.
13. AGREEMENT
Acceptance/agreement by you in any format of any services or estimates provided by MFG means you have read and agreed to all of the above terms and conditions and agree to be bound by them. These terms and conditions can be accessed by the links provided on all estimates sent to you or through our website at any time. A hard copy can be sent to you on your request before agreeing to the estimate or any other services offered.
14. LIABILITY
14.1 MFG shall be responsible for any foreseeable loss or damage that the Client may suffer as a result of their breach of these terms and conditions or as a result of their negligence (including that of their employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by MFG and the Client when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 MFG’s total liability to the client in respect of any liability under this contract shall be capped at the fees paid by the Client under the terms of this contract.
15. LAW
15.1 This contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
15.2 Any dispute arising out of this contract which cannot be amicably resolved between us shall be referred to the courts of England and Wales for adjudication.
16. ACCIDENTAL/WEATHER DAMAGE TO MATERIALS/ONGOING/COMPLETED WORKS
16.1 After practical substantial completion, The Contractor is not able to accept responsibility for any damage to hard or soft landscaping for example: Through the elements, including drought, winds, rain, and frost to any material(s) including plants. This includes freeze-thaw action occurring in the cement work of brickwork, patios, and paving and efflorescence in brick work or patio stone.
16.2 Accidental damage caused by The Client, client’s family/friends, or via a third-party who has no connection to MFG, to materials or completed projects will not be covered by The Contractor in any circumstances.
16.3 The Contractor accidentally breaks/damages your property or materials they will replace the item/s or fix the problem.
17. COPYRIGHT
All original designs, drawings, specifications, photographs and written material remain the property of the contractor. The Contractor reserves the right to use any such material for promotional purposes or for any other purpose, unless the Client has purchased the copyright. This includes pictures taken of our work.
18. COMPLAINTS
18.1 Any complaint that the Client has arising from the Contract must be reported to the Designer in writing within 7 days of completion of the Contract or such other period as is reasonable in the circumstances. If not so reported the Client will be liable for the full amount of the Designers invoice.
18.2 The Designer will properly investigate any complaint in accordance with the complaint procedure recommended by the Association of Professional Landscapers. A copy of this procedure can be obtained from The Association of Professional Landscapers, Horticulture House, 19 High Street, Theale, Reading, Berkshire RG7 5AH.
18.3 If the Designer’s work is faulty then the Designer shall re-perform the Services so as to remedy the fault at no extra charge to the Client so long as the fault is with the work completed under the Contract for Design.
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From Plan to Plant, Envision, Create, Enjoy!
Highly Experienced
Why Choose
MF Greenscapes
Licensed & Insured
We are fully insured to provide every customer with “peace of mind” and trust from beginning to end
Experienced Team
We’ve been creating beautiful lawns and gardens all over London for many regular and new happy customers
Friendly & Honest
From us, you’ll always get the highest standards from a reliable, trustworthy, experienced & friendly team.
Customer First
Based on your requirements and circumstances, we’ll create a design and maintenance plan to suit your individual needs.
No hidden costs
Our FREE QUOTE is itemised and does include all the right tools and equipment for the job in hand
Value for money
We’ll share free tips and expertise on how to keep your new revitalised garden at its best for every season
What our customers are
saying about us
“I have worked with MF Greescapes for the past few years on various projects. He is extremely reliable, punctual and very hard working. Marco is always willing and able to help with any tasks needed on a job and works to a very high standard. He slots seamlessly into any team and is a great guy to have around and work with. I would highly recommend MF Greenscapes to anyone needing garden and landscaping done.”David Simpson, Garden Designer
“MF Greenscapes was referred to us via another garden professional and his involvement in our garden is already showing tangible results. We have historically maintained our garden but to have some fresh help is really showing.Marco is reliable and punctual and very willing to help wherever he can – a really refreshing attitude in today world.”David Capra, Commercial Director
“Marco @ MF Greescapes have been doing our garden for past 3 years, he also has been looking after the grounds of our factory.
He is always polite, reliable and on time. He leaves everything clean and tidy after the job is done.
I would highly him.”