A1. Acceptance of the Quotation or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed) means that the Client has read and understood the terms and conditions set out below. Any queries should be clarified before the job specification and associated costings (referred to here as The Contract) are accepted and The Works (the work referred to in The Contract) have begun.
A2. All Contracts must be confirmed in writing prior to work commences. Email confirmation is acceptable but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions, in order that the Contract is legally binding.
A3. No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing.
A4. A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract. Additional labour will be charged at agreed price per day or per hour as written on the quotation. All costs are subject to Vat @ the current rate. Additional materials shall be quoted for and agreed to, before these additional works are undertaken.
A5. We ask that the Client ensures there is adequate access to the Site e.g. that all vehicles and other obstacles are removed, that gates, doorways and passageways are clear of obstruction and unlocked, that neighbours are notified where access is required to carry out the work. We also request that all dog waste to be cleared from the Site, if the works cannot be carried out the team will leave the site and you may still be charged.
A6. The Client should inform Himalayan Landscaping ltd regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the Contract. A full site survey can be carried out by Himalayan Landscaping ltd prior to work commencing and this should be requested in writing.
Upon completion of which, Himalayan Landscaping ltd cannot accept any liability for any sub-surface issues should they arise unless revealed in the survey.
A7. Should additional work arise due to unknown or undisclosed structures such as those outlined in clause A6 above, then Himalayan Landscaping ltd will be required to add additional labour to the project or extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the client before proceeding further.
A8. 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 Himalayan 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.
A9. Congestion Charges: where the Site falls within the congestion charging zone, then all costs levied on our vehicles attending the job site in connection with the Works will be charged in addition to the costs agreed in The Contract / Quotation.
A10. We ask for parking permits or parking costs for vehicles attending the job site in connection with The Works and these costs will be charged in addition to the Contract sum, on completion of The Works.
B1. Our terms of trading: A deposit of 10-30% of the agreed Contract sum is requested on agreement and signing of The Contract. 50% + VAT is requested at an agreed midway stage of The Works, with the balance payable on completion of the Contract. Invoicing and payment for any additional costs agreed will take place at an appropriate stage of the Works – to be agreed between you/ the client and Himalayan Landscaping ltd.
B2: Maintenance: where Himalayan Landscaping are required to purchase materials in advance, we request a deposit payment of 50% of the Contract/ quotation sum, with final payment on completion. For larger projects payment terms/schedule are as per our quotation/contract. Our hourly maintenance service is charged at agreed rate per hour plus vat, with a minimum fee for 8 hours plus VAT. Accounts are payable within 14 days of the invoice date. Separate agreements are made with our regular contracted maintenance clients and these payment terms are set out as per their individual contracts.
B3: Garden design and Planting plans. We work with some of the Best Garden designers. Costs are charged for as per the individual project and the agreed design fee is to be paid in full before commencement of work. Separate terms and conditions are provided specific to our Design service.
B4. Himalayan Landscaping shall have lien on all goods and materials remaining on site until full payment of all monies have been made. The company shall have free access to enter the site to remove such goods and materials.
B4. Himalayan Landscaping hereby excludes liability to the Client for any loss, cost or damage of any kind arising out of or as a consequence of its failure to perform or complete the Works by reason of matters beyond Himalayan Landscaping control and which it could not have reasonably foreseen at the date of the Contract.
B5. Any concerns or complaints after the Works have been finished should be given to Himalayan Landscaping within 7 days of completion of Works.
B6. Himalayan Landscaping cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions.
B7. Himalayan Landscaping cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work commencing.
B8. Planting and turfing. Separate watering and plant/turf care guides are sent to you/the Client on completion of The Works. It is the responsibility of the Client to carry out this care in accordance with these guides and no responsibility for plants and turf will be taken by Himalayan Landscaping once the Works have been completed. The plants we use have no specific guarantee from our suppliers once they leave their nurseries.
B9. Himalayan Landscaping will agree appropriate material and installation guarantees for specific Works at yours/the client’s request. However we do not have a standard set of terms of guarantee due to the nature our work.
C1. Late payment of invoices for completed works, beyond our 14 day payment terms, will be subject to a 5% monthly interest charge (on all outstanding amounts). In addition a £50.00 administration charge will be added to each subsequent invoice, limited to one per month. Himalayan Landscaping, once written/email agreement (as per Point C1) has been received, we/Himalayan Landscaping ltd reserve the right to enforce late payment charges in accordance with our terms and conditions.