Terms & Conditions
Cherry Tree Fencing & Landscaping Ltd 9th November 2021.
1.1 The definitions and rules of interpretation in this clause shall apply in these terms and conditions.
Contractor means the contractor; Cherry Tree Fencing and Landscaping Ltd supplying the Quotation to which these terms and conditions apply.
Client means the person, firm or company who enters into a contract with the Contractor for the provision of landscaping works.
Quotation means the written estimate provided by the Contractor for the completion of the Works.
Site means the location where the works are to be performed by the Contractor.
Specification means the documents including detailed plans and/or drawings describing the Works provided by the Contractor.
Works means the work to be carried out by the Contractor under the contract as set out in the Specification together with any other services which the Contractor agrees to provide to the Client.
2.0 Scope Of Work:
2.1 The Contractor; Cherry Tree Fencing and Landscaping Ltd shall carry out and complete the landscape work described in the estimate document in a good and workmanlike manner. They shall have no obligation to execute any further work unless agreed in writing between the parties of the contract. If there is any discrepancy between any specification and any drawing then the description contained in the specification shall prevail over the drawing.
2.2 Should any inconsistencies be found between the contract documents, these are to be highlighted and a revised price agreed prior to the Commencement Date. If any such inconsistency comes to light after the Commencement Date the Contractor shall be entitled to be paid a reasonable sum for any extra work or cost thereby incurred.
2.3 The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.
2.4 The Client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regard to the Works. You/the Client shall indemnify Cherry Tree Fencing and Landscaping Ltd against any claim/proceedings/loss or expense resulting from you/the Client failing to gain permissions/give notices/pay fees required in whole or in part. Cherry Tree Fencing and Landscaping Ltd will agree with the client, where appropriate, permissions that they will seek on behalf of the Client
3.1 A quotation shall remain open for acceptance within 30 days of the date shown and thereafter lapses automatically. We cannot guarantee against any increases in materials.
3.2 The quotation is based on conditions known at the time of viewing. The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.
3.3 Acceptance of the estimate involves acceptance of these terms and conditions and will lead to a binding contract between the parties. 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 the Contractor of any loss or expense incurred as a result, including a claim for loss of profit.
3.4 Material price increases are out of the Contractors control, the pricing given to the Client will be checked again 2 weeks prior to the job and the Client advised accordingly.
4.1 Variations to the works as described will only be undertaken upon instructions given in writing by the Client to the Contractor. Oral instructions will not be instructed. It should be noted that site personnel have no authority to alter the contract in anyway. The price of any additional work, properly treated as a variation, will be based upon costs prevailing at the date of the instruction
5.0 Contract Sum:
5.1 The Contractor shall provide the Quotation in writing specifying the Works to be carried out, a breakdown of the specific Works and the cost of the Works.
5.2 The Quotation 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 the Contractor. If the Quotation is not accepted by the Client in writing within this period, the Quotation will lapse and be deemed to have been withdrawn.
5.3 If the Client accepts the Quotation in writing within the 30 day period the price contained in the Quotation shall become the ‘Contract Sum’ except as expressly provided in these terms. A binding contract will come into existence when the Client accepts the Quotation in writing.
5.4 The Contractor has no responsibility for price increase of materials, this is down to the discretion of the sawmill. The sawmill can honour a price when the quote is saved on their system for 30 days.
5.5 If a Client accepts the quote outside of the 30 days we cannot guarantee the Contract Sum will remain the same as provided in the written quote, the materials and pricing will be checked and any amendments will be made to the quotation for the Client to accept. The Commencement Date will then be booked.
5.6 The Client may issue to the Contractor reasonable instructions to vary and modify the quality and quantity of the Works. All instructions given by the Client must be given in writing. The Contractor is not under an obligation to carry out a verbal instruction until it is confirmed in writing or otherwise agreed with the Contractor.
5.7 If the variation will alter the cost of carrying out the Works, the Contractor will provide a written Quotation and breakdown for the cost of carrying out the variation and the effect it will have on the Completion Date. The Client and the Contractor will agree an adjustment to the Contract Sum in writing. If the Client receives the amended Quotation and wishes to proceed, the Client shall confirm his instruction to proceed in writing, accepting the new Quotation and the extended Completion Date.
5.8 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 Quotation. Otherwise such work shall be valued at fair rates and prices agreed prior to execution and any additional payment due to the Contractor or any extension to the Completion Date shall be added to the Contract Sum and Completion Date respectively.
6.0 The Site / Our Team:
6.1 Adequate access to the site must be made available by the Client to the Contractor to enable the work to be carried out in a regular and economic manner.
6.2 The Client will provide access to water, electricity and toilet facilities wherever possible for use by the Contractor in carrying out the Works agreed. The provisions of these services and facilities shall be at the sole cost of the Client.
6.3 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.
6.4 The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.
6.5. Our teams are hardworking and professional, on site the teams will have music playing to keep them going through the day, it is down to the paying client to advise any neighbouring properties of the work booked in and when our teams will be on site. If the music is too loud or the genre of music playing needs to be changed, please speak with the team who will change this immediately. Any music playing is not playing to cause disturbance or any offence to anyone listening, we encourage our teams to have fun while on the job to keep up the motivation and hard work being carried out.
7.0 Commencements, Completion, Delay and Disruption:
7.1 The Client shall give to the Contractor full possession of the Site together with proper and adequate access to allow the Contractor to carry out and complete the Works and the Contractor shall commence the Works on Site on the Commencement Date.
7.2 The Contractor shall take possession of 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.
7.3 The Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time. the Contractor shall incur no liability however for any delays or non-performance arising from force majeure, adverse weather conditions, strikes, lock-outs, war or other hostilities or any active event beyond his reasonable control in whole or in part.
7.4 If it becomes reasonably apparent to the Contractor that the progress of the Works is being delayed and/or the Works will not be completed by the Completion Date, the Contractor shall contact the client by phone giving rise to such delay and notify the Client of the cause and duration of such delay. The Completion Date will be extended by a fair and reasonable amount of time if the Contractor:
a) Has to spend extra time completing the Works because of variations made to the Specification.
b) the Works are delayed by any act or omission of the Client.
c) cannot finish the Works on time for reasons beyond his control such as excessively adverse weather conditions, and/or variable Site conditions and/or any delay caused by the Client and/or late delivery of supplies to site.
8.0 Materials, Natural Wood:
8.1 Materials delivered to site become the responsibility of the Client, the Contractor accepts no responsibility for loss, damage or expense after delivery of the materials to site for any reason, including pilfering while materials are on site during the course of the contract works, where such losses are beyond the Contractors reasonable control.
8.2 The Contractor 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.
8.3 Unfixed materials and goods delivered, placed on or adjacent to the Site and intended for use in connection with the Works shall remain the property of the Contractor until the value of such materials and goods have been included in any interim or final payment and the amount has been discharged whereupon such materials and goods shall become the property of the Client.
8.4 The Client and the Contractor may agree payment for offsite materials and goods in which case such materials and goods shall become the property of the Client upon payment and shall be so identified.
8.5 The Contractor may require a deposit payment from the Client upon acceptance of the Quotation. The materials required for the Works will be checked by the Contractor and the Client advised should any need to be pre ordered and to secure the deposit payment. The Client will be sent a part payment Invoice and emailed the invoice reference number once payment has been received and the pre order of materials has been placed.
8.6 Due to timber being a natural product we cannot be responsible for future defects such as shrinkage, warping, expansion and splits which may occur. As the nature of timber over time will weather and produce shakes, this is prone to happen in hot and dry weather. Timber moves when it dries, there is no way to prevent this. Cracks may open up more in hot weather and through the colder months this will close back up. This will not affect the installation by the Contractor.
8.7 Colour variations; the Contractor has no responsibility for colour variation of the timber materials. Timber may vary in colour due to a few reasons;
a) The timber may be wet from pressure treatment at the sawmill so may look darker until it has completely dried out.
b) The timber may / will not all be cut from the same tree.
9.0 Excavation/ Foundations/ Spoil
9.1 Where reasonable inspection of below ground conditions is not possible prior to quotation, the contractor reserves the right to make fair and reasonable charges for extra costs arising from poor underground conditions, obstructions or objects.
10.1 The responsibility for the proper maintenance of the site passes to the Client upon completion of the Works unless otherwise agreed in writing.
11.0 Quality of all workmanship:
11.1 Will be in accordance with recognised constructional and horticultural practice and that materials supplied will be suitable for their intended use. Where normal ground conditions prevail and materials are all being replaced, the contractor warrants a 12- month installation defects period from the date of practical completion for any workmanship found to be defective due to any cause other than neglect, damage or theft. The contractor is unable to offer guarantees for products supplied outside its own manufacture and where a repair is being carried out using existing weathered materials. Unless otherwise stated, timber supplied will be pressure treated. It should be noted that timber products can be prone to some natural movement in extreme weather conditions for which the contractor can accept no liability.
12.0 Our Commitment:
12.1 The Contractor upon erection ensures that the work carried out has been installed completely and correctly. More details about our installation process can be found on our Quality Matters page.
12.2 Should any issues arise from the work carried out, the Client must advise the Contractor in writing of the issue and provide images if possible, this must be emailed to email@example.com.
12.3 An assessment with the Contractor will be booked in and installation checked to confirm how or why the issue has arisen. As the Contractor, we will do our best to ensure the issue is resolved and the Client happy with the outcome. If the issue has arisen due to circumstances out of the Contractors control such as points detailed above 8.6 / 8.7 / 11.1, the contractor can accept no liability.
13.1 We take a deposit to secure and confirm the dates in the diary, the deposit is for the amount needed to cover some or all materials depending on the job specifics. Should materials need to be pre ordered the customer will be advised via email the amount required to cover this pre order and the customer kept up to date via email with any order numbers once placed. The minimum deposit amount is 30% of the Contract Sum.
13.2 The Client accepts that they will pay to the Contractor the Contract Sum together with any Value Added Tax properly chargeable upon the contract sum.
13.3 All accounts are net and do not provide for any discounts or retentions unless otherwise agreed.
13.4 The account is to be settled in full on completion of the job. For Landscaping jobs, the Client will be invoiced weekly with a prompt payment expected, a total of £250.00 will be left with the Client until all finishing touches / grouting and sign off has been completed. The Client will be advised via email the specifics prior to the job starting.
13.5 The Contractor reserves the right to request a deposit from the Client for the job booked. This will be no more than 50% of the total balance depending on the job specifics. This is requested for the pre order of materials.
13.6 All materials remain the property of Cherry Tree Fencing and Landscaping Ltd until the account has been settled in full.
13.7 All payment details can be found in the footer of the invoice emailed to the Client on completion, ready for a bank transfer directly to our Lloyds Business Account.
14.0 Rights to postpone/cancel:
14.1 Once the Client has accepted the quote and the commencement date booked, the Client has agreed to the terms and conditions set out. The Client agrees on acceptance that funds are available and agrees to the Contract Sum as stated in the written Quotation.
14.2 The Client has the right to postpone the work with reasonable excuse and must advise Cherry Tree Fencing and Landscaping Ltd at least 14 working days before the Works Commencement Date, the Contractor will confirm and agree a new Commencement Date for the Works to start and the binding contract will continue.
14.3 Cancellation or postponement inside of the 14 working day period will refer to point 3.3: Acceptance of the estimate involves acceptance of these terms and conditions and will lead to a binding contract between the parties. 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 the Contractor of any loss or expense incurred as a result, including a claim for loss of profit.
15.0 Data Protection:
15.1 This section sets out how the Company collects your personal data, how the Company uses it and who the Company shares it with. Under the Data Protection Act 2018 (the "Act"), your data controller is Cherry Tree Fencing and Landscaping Ltd.
15.2 Use of your personal data (a) By registering for the quote and providing your personal data you agree to your name, postal address, email address and other personal data you supply ('personal data') being used by Cherry Tree Fencing and Landscaping Ltd. (b) By providing your personal data for the purposes of updates, deliveries or enquiries (c) You agree to your personal data being used by The Company and by the Companies we use to help us organise and administer your application.
15.3 Access to Personal Data: The Act gives you the right to access information held about you by the Company. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
16.0 Rights of third parties:
16.1 This contract is made for the benefit of the parties to it and (where applicable) their successors in title and permitted assigns and is not intended to benefit or be enforceable by anyone else pursuant to the Contracts (Rights of Third Parties) Act 1999 or analogous legislation.
17.0 Entire Agreement:
17.1 These terms, and any documents referred to herein, constitute the entire agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
17.2 The Client acknowledges that, in entering into this contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this contract or in the documents referred to in it.
17.3 The Client and the Contractor agree that all liability for and remedies in respect of any representations other than those expressly set out in this contract or the documents referred to in it are excluded (except always that nothing in this clause or elsewhere in these terms shall seek to limit liability for fraudulent misrepresentation(s)).
18. Governing Law and Jurisdiction:
18.1 This contract and any dispute or claim arising out of it or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
18.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the contract.
Cherry Tree Fencing and Landscaping Ltd
Flat 1, 1 Malcolm Close, Chew Stoke, Bristol, BS40 8FG
Registered in England and Wales No: 12870248 - VAT No: 357739061