Terms and Conditions

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Definitions

• The contractor means MGS Landscapes and their employees. And shall supply its services to the client upon these terms and conditions.   
• The client means the person/s or company/ies who enters into a contract with the contractor for the provision of hard/soft landscaping/ garden maintenance works. And is responsible for all payments to the contractor unless otherwise stated in writing prior to commencement.  
• The Project manager means the team lead on site.  
• The Start date is the date agreed by both contractor and client that any works will commence.  
• The Site means the location where the works are to be carried out. 
• The Quotation means the written estimate provided by the contractor including plans and/or drawings describing the works to be carried out. 
• The contract refers to after the quotation has been accepted in writing by the client. 
• The Works means the work to be carried out by the contractor set out in the quotation provided by the contractor for the client. 

Initial Consultation

• After enquiry from the client, the contractor will provide an initial on-site consultation to discuss your initial project ideas. There is no charge for this initial consultation.   

Quotation

• Quotes provided are valid for 20 days from the date shown on the quotation. And will expire after this time.  
• We will require written confirmation (email is also acceptable) that you accept the quotation and these terms and conditions before the end of the 20-day period.  
• If the client wishes to cancel this should be done in writing before 14 days of the works start date as stated on the quotation. Please note the 5% booking fee is nonrefundable if canceled within 14 days of the works start date. 
• The quotation is a detailed, accurate description of discussions, plans and works that have been agreed by the client and contractor. 
• The quotation is based on conditions known and divulged by the client at the time of the initial consultation. The client shall make any such hazards, obstructions or services known to the contractor. The contractor is not able to accept responsibility for any damage or cost involved with any underground hazards, obstructions or services not made known to the contractor by the client.  
• Any queries should be clarified with the contractor before the quotation is accepted by the client. 
• The contractor reserves the right to increase the quotation price with prior notification to the client. This will only relate to factors outside of the contractors control leading to a price increase. Examples are the price of raw materials, fuel price increase, hourly rates and disposal rates. 
• Any additional work/alterations required by the client beyond those in the initial quotation must be requested in writing to the project manager and will be subject to extra charge plus VAT at the current rate to the client.  
• Any hard/soft landscaping/garden maintenance quotations are not open to negotiation.  
• All works will be carried out by the contractor unless otherwise specified.  

Client’s and contractor's obligations

• The client is responsible for obtaining any necessary planning permission needed for the works to be carried out. It is the client's responsibility to ensure the contractor is made aware of any special/statutory bylaw/conditions/permissions that may be involved. 
• We ask that the client ensures there is adequate access to the site for example, that all vehicles and other obstacles are removed, that gates, doorways and passage ways are clear from obstruction and unlocked.  
• The client shall provide water and electricity at no charge to the contractor during works.  
• The client shall be responsible for ensuring the safety of their children, family members, pets, animals, and visitors at all times whilst work is being carried out on their premises. 
• Any concerns or complaints of works that have been completed should be given to the project manager within 7 days of completion.  
• All works will be carried out to the highest possible standard and in accordance with recognised constructal and horticultural practice and the materials supplied will be suitable for their intended use. 
• The contractor will leave the site tidy and safe at the end of each working day as reasonably possible. If any accidental breaks/damages your property/materials occur the contractor will replace the items/fix the problem. 
• Should termination of works take place the client remains liable for any costs (including but not limited to materials and labor) issued by the contractor up to and including the date of termination.  

Materials

• Materials delivered to site become the responsibility of the client and the contractor accepts no loss, damage, theft or expense after the delivery of materials to the site for any reason. Any additional materials required following damage, loss or theft shall be at the client's expense.   
• All materials brought to the site which prove to be in excess to the contractor's requirements shall remain the property of and shall be removable by the contractor unless otherwise agreed.  
• Timber supplied will be pressure treated, unless otherwise stated. 
• It should be noted that timber products can be prone to some natural movement in weather conditions for which the contractor can accept no liability.   
• Due to stones natural characteristics variations will occur in colour and texture. The contractor will not guarantee natural stone paving in any form, against weather deterioration. All work is carried out by the relevant British and European standards (+ or – 2mm). 
• The contractor is not able to accept responsibility for any damage to hard/soft landscaping for example through the elements, including drought, winds, rains and frost to any material/s including plants. This also includes freeze-thaw action occurring in the cement work of brickwork, patios and paving efflorescence in brickwork/patio stone.  
• Accidental damage caused by the client, client's friends/family or third party who has no connection to MGS Landscapes will not be covered by the contractor. 

Plants and planting

• The contractor guarantees that all plants and trees supplied will be healthy and planted accordingly to horticultural practices.  
• The contractor cannot be held responsible for any plant/tree failure as a result of adverse weather conditions, animal damage, neglect and/or maintenance failure by the client, pest or disease damage.   
• In circumstances of plant non-availability, substitutes may be used at the discretion of the contractor. The contractor will liaise with the client on any changes where possible. If substitute plant/trees are more expensive then the client will be liable to cover this cost and will be added onto the final invoice.   

Delays

• The contractor will always inform the client as soon as practically possible if the start date/completion date needs to be altered in any way. 
• Weather conditions including snow, hard frost, extreme rain, excessive heat or drought may cause delay of start or completion date of works. The contractor will always inform the client at the earliest if any such expected delays.  
• Staff illness/death of a family member may cause un-avoidable delays to the works, the client will be informed as soon as practically possible. The contractor will always endeavor to start and complete the clients landscaping works on schedule. 
• Delays caused by companies working on-site that have not been contracted/employed by the contractor will result in charges to the client to recover business losses/costs. 

Green waste disposal 

• MGS Landscapes are registered green waste carriers, and only insured to collect green waste materials.  
• There is an added charge for green waste disposal which will be added on the final invoice. 

Terms of payment

• All charges are payable in accordance with the invoice details. 
• Payments should be made to MGS Landscapes by bank transfer. The contractor does not accept cheques or credit card payments.  
• Hard landscaping projects between the value of £100-£2000 will require a 5% booking fee to secure the start date, this is non-refundable if cancelled by the client before the start date. A 35% deposit is then required 3 weeks before the works start date, this is refundable if cancelled by the client in writing before the 14-day cooling off period. A deposit of more than 50% will be requested if the materials chosen exceed 50% of the entire job. The final amount will then be due on completion of the works and final invoice sent to the client.  
• Hard landscaping jobs that exceed £2000 will require a 5% booking fee to secure the start date, this is non-refundable if cancelled by the client before the start date. A 35% deposit is then required 3 weeks before the works start date, this is refundable if cancelled by the client in writing before the 14-day cooling off period. A deposit of more than 50% will be requested if the materials chosen exceed 50% of the entire job. A staged payment plan will then be required for the remaining balance which will be agreed via email.      
• If the final invoice is not settled on completion as stated on the final invoice an additional charge of 3% will be added will every 5 days until the final invoice is paid in full. 
• For Soft Garden maintenance Payment is due on completion/date written on the invoice, or the same terms apply, unless stated otherwise.  

Maintenance after completion of works

• The contractor undertakes to execute the basic requirements for the initial establishment of planting and turf areas but, following completion of the contract, the responsibility for proper maintenance of the site passes to the client. 
• Guidance on proper maintenance can be supplied in writing by the contractor if required.  
• The client fully understands that plants/trees/turf are a perishable product and will deteriorate in quality if not provided with the appropriate aftercare. The client understands that plants/trees/turf are a living material and therefore an ever changing product.  
• It is the client's responsibility to provide adequate levels of water and feed from the point of delivery to maintain the quality of plants/trees/turf. 

Terms and conditions for Garden maintenance contracts

• MGS Landscapes also runs a garden maintenance service throughout the year. This may involve us visiting the client's property weekly/bi-weekly/monthly the choice is yours. 
• The client shall commit to the days and dates arranged with the contractor. The client agrees to be on site for the scheduled maintenance to allow the contractor access unless otherwise agreed by the client and contractor. If the contractor cannot gain access on scheduled visit the client will be subject to a charge to recover business losses.  
• The client has the right to alter/cancel their garden maintenance contract with us at any time in writing. You must give at least 14 days' notice of any changes in your plans.  
• It is the client's responsibility to ensure there is adequate access to the site for example, that all vehicles and other obstacles are removed, that gates, doorways and passage ways are clear from obstructions.  
• Your visiting landscaper will be adhering to strict deadlines and timings, if you would like a particular task carrying out on a visit, please ensure we know this in advance.  
• Clients who cancel scheduled visits, then leave long periods between the next visit can expect our rate to increase upon the next visit to the client's property – if your garden is not regularly maintained, lawns, hedges, shrubs and plants will become over grown, this will create more work and more waste for the contractor to dispose of. In these instances, the contractor will re-quote your maintenance price as a one-off job, then return to previous rate if the garden is again regularly maintained.   
• The contractor will ensure correct application of pesticides and weed control where required and previously agreed to by the client and contractor prior to the scheduled visit. Our specialised team will also ensure all shrub/grass and plants areas are cut accordingly to the time of year.  
• Payment is due on completion/date written on the invoice, unless stated otherwise. 

Photographs/videos  

• The contractor reserves the right to publish their photographs/videos of their hard/soft landscaping and garden Maintenance works onto MGS Landscapes business website, Facebook page, Instagram and any other social media platforms. 
• Photographs and videos are used to advertise MGS Landscapes.  
• All photos sent to MGS Landscapes will become the property of the contractor and may be used on our website and across all social media platforms. 
• If the client wishes not to have photograph/videos taken on site then please make this known to the project manager prior to the start date.