Terms and Conditions

Copper Beech Garden Design Ltd general terms and conditions.

Copper Beech Play is a trading name of Copper Beech Garden Design Ltd.

You will receive a standard Copper Beech Play Estimate, comprising of a description of the work to be undertaken and an approximation of the cost. Though every effort will be made to complete the work to this schedule you will however be liable to pay all costs associated with the project.

A deposit of 30% of total cost will be expected prior to the start date. Payment for the remainder will be due with one third payable half way through the project and the remainder payable upon completion. Any extra works, or cost due to unknown difficulties is excluded from this estimate. Terms apply.

The reason, terms are necessary is to produce a reputable transaction, bounded by contract, to protect both parties. It must also be remembered that it is illegal for you to accept offers of discounts from companies on the basis of avoiding Income Tax, or VAT, (by either party). Such companies or individuals are trading illegally and should be reported.

By employing Copper Beech Play you accept these terms.

Terms of Business

The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluding in writing by the contractor.

The scope of the work

1.1	The contractor shall carry out and complete works described in the estimate document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing.
1.2	The contract documents shall contain, the estimate, the specification plans and any other document referred to in the estimate. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by the contractor.
1.3	Only the items on the estimate specification are included, but all works are due for payment. All other requested works are excluded.
1.4	The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.

Estimate

2.1	The estimate is a best approximation, which shall remain open at the appropriate discretion of the contractor, to correctly complete the work. All work will be paid for at a rate of no less than £160 per man, per day. (Sub-dividing of a day is at the contractor’s discretion).
2.2	The contractor also reserves the right to increase the value of this contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond his control.
2.3	Acceptance of the estimate involves acceptance of these terms in conditions of the contract documents. This represents a binding contract between the parties. It should be noted by client that any attempt to cancel by the client will involve the client being liable to cancellation fee and any loss of expenses incurred as a result at the discretion of contractor. (Up to a maximum of 50% of the total of estimate.)

Payment

3.1	The client accepts that he/she will pay the contractor the full contract sum (all costs incurred) together with any Value Added Tax properly chargeable upon the contract.
3.2	All accounts are net and do not provide for any discounts or retentions and payment by credit card is not accepted.
3.3	Payment for the remainder will be due in monthly stage payments. The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.
3.4	Subject to section 3.6 hereunder and unless otherwise stated payments are immediately due on receipt of invoice.
3.5	Interest will be charged from the due date of payment of all invoices at 2% above the contractor’s banker’s base lending rates until actual payment is received.
3.6	Materials must be purchased in advance and will be part of a deposit to be 30% of the total payable one month in advance. If this, or any invoices, are not paid within seven days of being rendered the client will be deemed to be in default and therefore in breach of contract. The contractor will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.
3.7	The contractor will only ask for the estimate price, unless there are any unforeseeable difficulties, or the work has been increased. In either case all work will be paid for.

The Site

4.1	The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work.
4.2	The contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.

Delay disruption

5.1	The contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the contractor incur any liability to the client for any untimely performance.

Materials onsite

6.1	Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason.
6.2	Any material brought to, or removed from the site, excess to the contractor’s requirements remains the possession of and removable by the contractor who shall have the right to enter the site for that purpose.

Maintenance after completion

7.1	The contractor undertakes to execute the scope of this contract. The proper maintenance of the site however passes to the client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the contractor.

Acting agents

8.1

The contractor has no responsibility, or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to start of contract. It is the responsibility of the agent to bring these terms of business to the attention of the client.

Warranties

9.1	The contractor guarantees plants and trees supplied will be inherently healthy when planted. Responsibility cannot be accepted for loss after practical completion since subsequent site conditions are beyond the contractor’s control.
9.2	The contractor accepts no liability for the health of existing plants to be moved during the contract.
9.3	The contractor guarantees that grass seed supplied has been tested within current EC regulations. It should be understood that a sward cannot be made in one season and seed cannot be eradicated when the contractor undertakes to cultivate land. The contractor cannot therefore take responsibility for re-growth.
9.4	The contractor accepts no liability for any negligent act, omission, or any default under this contract, unless specifically agreed in writing.
9.5	Any structural or appearance of finished features is at the discretion of the contractor, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to the contractor, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. The contractor is not liable for any works necessary as a consequence of such an omission. This applies to both client and agent.

General

10.1

This contract shall be regarded as an English contract and shall be construed and the rights of parties according to the laws of England and Wales. Irrespective of the place of signing this contract, it is deemed to have been made at the contractor’s address and all legal matters arising from this contract will be handled within the area of the contractor’s choice.