Terms & Conditions
We have made the following assumptions in calculating our rates:
- Extra work undertaken over and above the main contract will incur further costs.
- By accepting the quotation, paying the deposits required and the contract starting the client is deemed to accept all of the terms and conditions listed below along with the scope of works supplied.
- Maintenance to the works has not been allowed for unless specifically included within the quotation.
- Watering has not been allowed for within our quotation and once the contract has been completed becomes the responsibility of the client.
- Horticultural operations are very dependent on the weather and season. We aim to carry out the works at the appropriate time.
- Work undertaken out of the season or in unsuitable weather conditions will be on written instructions only, so that suitable provision can be made, or it will be at the client’s risk.
- Nursery stock supplies are not inexhaustible. Should any plant be unavailable, we reserve the right to negotiate substitutes with the client.
- All watering of plants and turf become the responsibility of the client once the contract has been completed and Banks Services cannot accept any responsibility for the survival once the contract has been completed.
- We accept no responsibility for the defects over and above failing to break out into leaf unless a formal maintenance contract is entered into.
- It will be the responsibility of the client to advise Banks Services of the positioning of all mains services.
- No responsibility will be accepted for damage caused to mains services not notified.
- Once an estimate has been accepted, any changes or additions will be subject to a price review.
- Banks Services cannot be held responsible for the effects of de-icing salts, as these are detrimental to the surface of concrete products.
- Banks Services cannot be held responsible for the fading of colours due to efflorescence which is a natural condition producing very small white particles covering the surface of concrete products. This condition is caused by having calcium hydroxide present as a soluble salt, which leaches to the surface and combines with carbon dioxide in the air to form calcium carbonate. (Chalk)
- Banks Services cannot be held responsible for slight colour variations, which occur, in concrete products.
- Wood is a natural product, and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. Banks Services cannot be held responsible for the above taking place.
- In extreme changes of weather conditions, certain plants and materials, such as terracotta, some natural stone and other paving can be affected, suffering damage if not protected. The client should take the necessary precautions to prevent damage as this is out of our control.
- To keep within the guarantee of various water pump manufacturers and to prolong the life expectancy, the client, especially winter care and protection should be carried out to the guidelines in the instructions. Banks Services will replace a defective pump within 3 months of installation after which the client must deal with the manufacturer direct if still within the guarantee period.
- Customers ordering Banks Services vehicle’s off the public highway do so at their own responsibility, any permits or parking dispensations required will be at the cost to the client.
- Prices are open to acceptance up to one months from the date of the quotation.
- All contracts, in the end, depend upon the willingness of the buyer and the seller to achieve mutual satisfaction. Should any action arise from conflicting conditions not resolved amicably, then the law of England shall be used as the interpreting law.
- Banks Services reserves the right to withdraw from a site if the contract payment schedule is not adhered to. Any overdue payment will be subject to a monthly interest rate at bank rate plus 5% per month or part month overdue. Any variation on this quotation must be in writing and signed by both parties, with payment due in full at completion of contract to which this variation applies.
- Title and ownership of the materials and equipment will not pass until final payment is made. Banks Services can recover any materials in the event of non-payment. The customer agrees to allow access to the site for this purpose.
- All materials and machinery left on site during works become the occupier’s responsibility once employees have left the site.
- Copyright laws cover all designs. The design cannot be reproduced without prior written consent by Banks Services. Once payment is received from the client, the client may then approach other contractors to quote for the project.
- We reserve the right to use any drawings, photographs or plans undertaken by us for any future publications or displays whilst ensuring the anonymity of the respective client.
- All VAT will be payable at the current rate of invoice issue date.
- Any damage whilst entering or exiting the property ,grounds or garden with or without machinery or tools Banks services will not be held responsible.
Payment terms:
Landscape Construction
- Contract value up to £1000 full payment on completion.
- Contract value £1001 to £4999 50% deposit, balance on completion.
- Contract value £5000 and above as per payment schedule supplied.
- Fault finding is charged at £45 per hour.
- Materials brought by the client are not guaranteed and must on site ready for use on day one. Any delays in works because of missing, wrong, or unordered materials will be charged at £45 per hour per workman.
Method of payment:
Bank transfer to our bank account
Cash
Cheque (£10 charge per cheque )
Card payment contract amount +4%
Further Conditions and Exclusions:
- This quote does not include excavation in rock, removal of any concrete deeper than 150mm thick, filling of wells, mines or shafts, removal of any air raid shelters, removal of asbestos, removal of any chemicals, removal or grinding of any tree stumps and the re-routing of any services unless otherwise specified.
- Stainless steel fittings will require written confirmation before they can be ordered. Once stainless steel fittings are ordered the client is responsible for payment if cancellation of the project occurs for whatever reason.
- The Banks Services cannot accept any responsibility for any discrepancy what so ever if another contractor carries out the construction; it is the responsibility of the contractor to confirm all measurements and height variations and not scale from the plan alone.
- Any professional fees such as structural engineer’s reports, arboricultural reports, planning submissions (inc. TPO’s) and printing fees are not included in the quote and will be billed at cost.
- All external work is guaranteed for 6 months labour only. Internal work is guaranteed for one year Labour only.
- Revisions are additional and charged at £35.00 per hour per workman or part thereof as there is no way of estimating the need or the complexity of them.
Materials delivered to site become the responsibility of the Client, and 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.
Any additional materials required following damage, loss or theft shall be at the Client’s expense
All materials bought on site by the Contractor, which prove to be in excess of his requirements, shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.
All products are sold on the understanding of the following:
No warranty is given or implied by law as to the quality or suitability of products supplied by the company, except as stated in writing by the company.
External pointing of walls and patios has no guarantee.
All estimates.
During landscaping /garden work /building work we cannot be held responsible for damage to lawns decking tiles slabs or any other items needed to cross for access.
Waste:
It is the Contractors policy to reduce unnecessary landfill and waste. Where possible, suitable materials will be recycled on site. This is no way effects the quality of work supplied but has a positive effect on the environment and in most cases offers savings on project costs.
EXCAVATION/FOUNDATIONS/ SPOIL:
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.
We must be notified about locations and depths of all services into the property/Grounds. We will not be held responsible for any damage caused to any services if locations and depths are not given
Power and water is to be supplied by the customer and accessible whilst work is in progress
All waste from materials brought by the client is the clients responsibility .
Materials brought by the client must Be in a location discussed prior to quoting .
The responsibility for the proper maintenance of the site passes to the Client upon completion of the Works unless otherwise agreed in writing.