Terms & Conditions
BY AGREEING TO ANY QUOTATION SUPPLIED BY BROWNS LANDSCAPE SOLUTIONS LTD YOU ARE AGREEING TO THE BELOW SET OUT TERMS AND CONDITIONS. IF YOU HAVE ANY QUERIES REGARDS THE BELOW T&Cs PLEASE NOTIFY US IN WRITING BEFORE ACCEPTING OUR QUOTATION. A COPY OF THESE T&Cs CAN BE EMAILED DIRECTLY IF REQUESTED.
Updated: August 2024
1. DEFINITIONS
1.1 The definitions and rules of interpretation in this clause shall apply in these terms and conditions
The contractor – the person or business undertaking the works. (Browns Landscapes Solutions LTD)
The client – the person/s or business requesting, instructing and authorising the works to proceed (will normally be the owner, proprietor of premises of address specified in the quote or the clients representative (it’s the client’s responsibility to inform in writing of any representatives acting on their behalf).
The contract – Being the written specification and costing/quote for the works, as inspected by the contractor and sent to the client.
The works – The work operations to be carried out as specified in the quote and accepted by the client. In so doing the client accepts and agrees to the following Terms and conditions.
2. QUOTATIONS
2.1 Acceptance of the quote - must be confirmed in writing by the client. By accepting the quote in writing the client agrees to and accepts the following terms and conditions.
(a) The quotation is valid for 30 days, if after 30 days the client accepts the quote, a re-quote may be necessary.
(b) Upon receipt of written acceptance of the quote from the client, the contractor will schedule works as specified in the quote.
3. CANCELATIONS
3.1 Notice of the Right to Cancel - the client has a minimum of 14 days to cancel the contract (in writing) from the acceptance date. This does not apply to urgent/emergency, or other such work carried out at short notice (within 14 days).
3.2 In the event of cancellation after 14 days, costs may be proportionally incurred by the client, up to a minimum of 50% of the contract value.
The contractor will consider all circumstances and in exceptional cases this charge may be reduced or cancelled at the contractor’s discretion.
3.3 The contractor reserves the right to delay, postpone or cancel works because of the following:
(a) inclement or dangerous weather conditions.
(b) machine breakdown, staff sickness (plant machinery or vehicles), material unavailability or shortage.
Rescheduling will be agreed by both client and contractor in writing.
3.4 The contractor will not be liable for non-completion of work on a set date due to adverse weather conditions. For health and safety reasons the contractor retains the right to cancel and re-arrange a contract at short notice with the agreement of the customer.
4. VARIATION OF WORKS
4.1 In the event the client has requested a variation to the works specified on the quote, the quote will be revised accordingly and either sent electronically in advance or revised and amended by hand on site, (if variation requested on day of work). Any handwritten revisions to the quote must be signed off by both the client and contractor prior to works being carried out.
The following will require the quote to be revised:
(a) Amendments to works required prior to arriving on site.
(b) Changes in site/ground conditions since the original visit.
(c) Additional works requested/required whilst on site.
4.2 If the client requests a variation to works, the contractor will always discuss options available with the client. In the event that the variation is deemed by the contractor to be a considerable change to the original works and cannot be carried out on the same day works are due to start, the contractor reserves to the right to re quote / reschedule the works. In this instance the quoting process will re begin.
4.3 Should the client request a variation deemed a considerable change by the contractor on the day work is scheduled to start, where upon works must be delayed, re quoted / rescheduled, the contractor reserves the right to charge the client a call out fee.
5. PAYMENT
5.1 Upon completion of works an invoice will be raised and payment is required upon receipt of invoice unless otherwise stated.
Payment can be made by electronic bank transfer or cash; payment details can be found on the invoice.
5.2 Unless otherwise agreed in writing by the contractor to the client, under the UK late payments legislation 1988, the contractor reserves the right to add interest for late payments that are outside the payment date set in the invoice.
6. DEBT RECOVERY
6.1 All unpaid accounts will be referred to the Small Claims Court. The contractor reserves the right to claim compensation in respect to the debt recovery costs.
7. CUSTOMER SATISFACTION
7.1 The contractor always strives to carry out works professionally, with the aim being to leave the client satisfied works have been completed as agreed in the quote. If the client is unsatisfied with the completed works, we recommend that the client advises the contractor upon completion of works, whilst the contractor is on site.
7.2 If the client is unavailable upon completion of works, any concerns or issues relating to the completed works must notified to the contractor in writing/email within a 24hrs of completion of works. Should the client notify the contractor of unsatisfactory works, the contractor will work with the client to review and address any concerns raised. The contractor will always refer to the accepted quote where the client is unsatisfied with completed works.
7.3 If the client has advised of unsatisfactory work, which falls outside the works specified on the accepted quote, the client must raise a complaint in writing by using the contractors’ complaints procedure.
8. COMPLAINTS PROCEDURE
8.1 Any complaints relating to works carried out must be raised in writing to the contractor by the client within 7 days of works completion. The contractor will aim to contact the client within 7 days from receipt of complaint to review and resolve the complaint in question. The contractor will always refer to the accepted quote where the client is unsatisfied with completed works.
Complaints to be sent in writing to info@brownslandscapes.com
9. INSURANCE
9.1 The contractor is covered by a minimum of £5,000,000 public liability insurance. A copy of the certificate is available upon request. The contractor will operate in accordance with good industry practice and their Health and Safety Policy and procedures.
10. THE WORK SITE
10.1 Site Conditions – The quotation of works to be carried is based on site conditions as inspected by the contractor at the original quotation meeting. The contractor reserves the right to charge the client additional costs, subject to the degree of additional obstruction or change in site conditions. The contractor also reserves the right to reschedule the works, should this be the case.
10.2 Access - The contractor reserves the right to delay postpone or cancel works if access to/ work areas is not clear preventing commencement of work. The client is responsible for ensuring works area is clear and accessible prior to commencement of works (this includes the removal of animal faeces). The contractor accepts no liability for damage or loss incurred through the need to clear access for works. Unless due to contractors’ negligence.
The client is responsible for gaining permission from neighbour/s, adjoining properties prior to commencement of work, where access is required to complete works.
10.3 Clean Up -The site will be left clean, tidy and safe upon completion of works. Due to the very nature of the works, it may not be possible to leave the site in its original condition prior to work commencing, for example the production of wood dust, wood shavings/chippings, twigs, leaves and needles etc and trampled vegetation because of traversing personnel.
If the works is spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand.
10.4 Waste Removal - All arisings (including twigs/branches/woodchips/logs/trunks/foliage etc) as specified in the quote, will be removed from site and become the property of the contractor unless specifically stated otherwise in the quotation. Unless stated in the quote waste removal does not include existing waste produced prior to works commencing (leaves, needles, twigs).
10.5 Parking - Parking spaces should be made available by the client to the contractor, both for access and efficient completion of works.
11. JOB SPECIFICS
11.1 Tree Works - All works will be in accordance with the current British Standard 3998 ‘Tree Work recommendations’ where possible unless specified otherwise. Dimensions specified are approximate and, wherever possible, will be to the nearest appropriate pruning point.
Upon written acceptance of the quote the contractor will check with the Local Planning authority (LPA) to identify whether:
(a) trees are subject to a tree preservation order.
(b) trees are located within a conservation area.
11.2 Planning application - Conservation Area - Where there is a need to apply to the local authority for planning application to carry out works, the contractor can apply on behalf of the client for a fee of £50 ex VAT, this fee will be included within our quotation. If the contractor applies for planning and the client decides not to accept the quote/cancels scheduled work the fee for the planning application will be charged to the client.
11.3 Planning application - Tree Preservation Order (TPO) - Where there is a need to apply to the local authority for planning application to carry out works, the contractor can apply on behalf of the client for a fee of £50 ex VAT, for the first tree and £20 per tree thereafter, this fee will be included within our quotation. If the contractor applies for planning and the client decides not to accept the quote/cancels scheduled work the fee for the planning application will be charged to the client.
11.4 Wildlife legislation - The contractor will undertake the works as scheduled but is aware of/may be constrained by ecological and wildlife legislation including:
(a) Wildlife and Countryside Act;
(b) Countryside and Rights of Way Act;
(c) Conservation of Habitats and Species Regs.
This legislation requires the contractor to assess the impact of the works which may result in works being delayed/rescheduled because of nesting birds, roosting bats or similar being present.
11.5 Third Party Trees - Where works are proposed to third party trees, i.e. ‘neighbour’s trees’, the contractor will require written confirmation from the tree owner (‘the neighbours’) that the works are agreed and where necessary, that access is permitted. If works only apply to overhanging branches that can be pruned from within the client’s property, then permission is not required but the neighbour should be advised where practicable.
11.6 Tree removal - Tree removal or felling is the removal of the trunk section, limbs and branches of a tree down to ground level unless otherwise specified on the quote. (Ground Level will be determined by the ground gradient and foreign objects at the base of the tree).
Where trees are being removed, the contractor will assume the tree is free of metal, concrete or other foreign objects. In the event of any of these causing additional work/damage to equipment, the removal can be abandoned, or an extra charge may be made to the client to cover costs.
11.7 Stump removal - Stump-grinding will be to a depth of approximately 150 - 300mm below the immediately adjacent ground level. Depth is determined by the type of machine used based on access restrictions and will include the removal of the stump and buttress roots but will not include lateral roots or arisings unless otherwise specified. Arisings resulting from stump grinding will remain on site (unless quote states otherwise) and used to back fill the hole created from stump grinding. The client will advise the contractor of any underground services near the stump prior to acceptance of the quote. (please see 12.0)
11.8 Tree & hedge reductions - Measurements quoted for both tree and hedge reductions are approximate values and not exact. Where the client requests a reduction for more than the contractor has advised, the contractor will not be liable, should the tree or hedge suffer damage as a result of the client’s request.
11.9 Fencing
11.9.1 The contractor is not responsible for fence heights and their legal requirements this is the responsibility of the client to make the necessary enquiries.
11.9.2 The contractor is not liable for any disputes regarding location of the new fence once installed.
11.9.3 Unless stated in quotation no allowance has been made for any obstructions such as rock, concrete, tree roots, broken posts or any other matter which may be encountered during the performance of the contract. An additional charge based on ruling for labour plus the costs of hire of any necessary equipment will be made to cover the costs of drilling or removing such obstructions
11.9.4 The contractor will do their best not to damage any garden plants when undertaking fencing installations, but the contractor must be able to cut back any material as necessary to gain access to the area of the new fence. The client should notify the contractor of any material, trees and shrubs that may need protecting, the contractor accepts no responsibility for damage to same.
11.9.5 Where the client accepts quotation that specifically excludes the cost of supplying materials. The client is responsible for providing all the correct materials for the contract on time. If in the event of any error's, delays or insufficient materials for any reason that prevent works to proceed, we request the client to notify us 24hours prior to the contract starting. Failing to give us prior notice such overtime charge shall be added be to the purchaser's contract.
11.9.6 Any unfixed or unused goods or materials which may be remaining when the job is completed will remain the property of the contractor and shall be removed from the site by contractor and there will be no credit given for any such unfixed or unused goods.
11.9.7 Timber is a natural product and as such is liable to defects. Defects can occur for several reasons, natural defects, defects due to conversion or seasoning. Examples of this can be cracking, warp, wane, shrinkage, splitting, stains, twisting. This may appear as soon as the timber is exposed to the elements or may take some time. Please note that these are not defects caused by installation. In most cases it will not affect the strength of the timber. The contractor does not accept liability for such defects found in materials, supplied or installed.
20. DAMAGE WAIVERS
20.1 Artificial Turf
Due to the nature of works to be carried out by the contractor and the processes involved, the contractor accepts no liability for damage to artificial turf that may occur because of the work carried out.
Examples of damages listed below. The list below is not exhaustive:
Holes or tears from pruned branches being lowered or falling.
Ruts, due to the weight, sections stemmed down, and lowered or heavy fencing products can cause ruts.
Heat Damage, petrol powered tools can generate heat, cutting tools can generate sparks, both can result in burns to artificial lawn coverings.
Ripples resulting from heavy foot fare to carry out works.
The contractor will take precautions to protect ground coverings, artificial turf is not a natural product nor a hardstanding that would regenerate from damage, is impervious to heat or withstand impact.
21. UNDERGROUND SERVICES
21.1 The client is responsible for notifying the contractor to informs of any known underground services that may pose a problem to the agreed work. The contractor shall not be liable in any event of damage caused because of agreed work, this includes electrical cables, gas or water mains, sewerage, telephone lines, and any other service facility or utility.
22. SUPPLY OF PRODUCTS
22.1 All products are sold on the understanding of the following:
(a) No warranty is given or implied by law as to the quality or suitability of products supplied by the contractor, except as stated in writing by the contractor.
(b) The client fully understands that plants are a living material and therefore an ever- changing product.
(c) The client fully understands that plants are a perishable product and will deteriorate in quality if not provided with the appropriated aftercare.
(d) The client will provide adequate levels of water from the point of delivery to maintain the quality of the plant(s) and promote healthy growth and establishment.
(e) measurements of all products supplied are approximate and variations may occur (fencing, plants, trees, turf and hedging).
22.2 Timber is a natural product and as such is liable to defects. Defects can occur for several reasons, natural defects, defects due to conversion or seasoning. Examples of this can be cracking, warp, wane, shrinkage, splitting, stains, twisting. This may appear as soon as the timber is exposed to the elements or may take some time. Please note that these are not defects caused by installation. In most cases it will not affect the strength of the timber. The contractor does not accept liability for such defects found in materials, supplied or installed.
23. ONSITE PHOTOGRAPHY
23.1 The contractor will take photos of the work carried out on site. Photos taken by the contractor whilst on site will be primarily for the building of the contractors work portfolio or advertising. In the event that photos are used for these purposes the clients’ details will never be disclosed. The contractor may also take photos on site of areas not relating to the scheduled works (damaged property, buildings, fences) prior to work commencing and notify the client prior to works commencing to eliminate any future complaints by the client that the contractor was negligent.
24. CUSTOMER INFORMATION AND DATA PROTECTION
24.1 Please be reassured that the contractor will only use your personal information for the purposes of completing the agreed works. Our IT systems are secure, and the contractor will not share your details with anyone unnecessarily. The contractor would share your details with the Local Authority should a planning application be required for permission to undertake the works.