Terms | BLAKEBURN BROTHERS

Terms & Conditions Blakeburn Brothers Ltd

These terms and conditions shall apply to and are incorporated in any quotation and shall be deemed to apply unless expressly modified or excluded in writing by Blakeburn Brothers Ltd.

1. Scope of Work

1.1 Blakeburn brothers 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.

1.2 The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.

1.3 All work shall be completed by Blakeburn Brothers and their employees, unless otherwise stated.

2. Quotation

2.1 The quotation is valid for a period of thirty days from the date shown in the quotation and thereafter lapses automatically.

2.2 Blakeburn Brothers reserves the right to increase the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond their control.

2.3 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.

2.4 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 Blakeburn Brothers of any loss or expense incurred as a result, including a claim for loss of profit.

3. Variations

3.1 Variations to the Works as specified in the quotation will only be undertaken when agreed between Blakeburn Brothers and the Client. This will then result in a new quotation being created, in which the client is bound by these terms and conditions once accepted. Oral instructions will not be accepted. It should be noted that site personnel have no authority to alter the contract in any way. The price of any additional work will be based upon costs prevailing at the date of the instruction.

4. Payment

4.1 The client accepts that they will pay to Blakeburn Brothers Ltd the invoiced sum together with any Value Added Tax properly chargeable upon the invoice subtotal.

4.2 All accounts are net and do not provide for any discounts or retention’s unless otherwise agreed.

4.3 All accounts are payable within seven days from date of invoice. Failure to make payments within this time will result in interest charges being applied and legal action to recover the debt.

4.4 The payment schedule shall be as follows;

Quotes/Invoices that are £2,000 and below are to be paid upon completion of the job
Quotes/Invoices that are above £2,000 are subject to the following ‘Payment Terms’: A deposit will be required before commencement of work, which will be discussed with the customer when they accept the quote.

4.5 All PayPal Transactions are subject to a 3% Surcharge, which will be added to the final invoice.

5. The Site

5.1 The client warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations or other hazards or obstructions which are not discover-able upon visual inspection of the surface of the site or made known in writing to Blakeburn BrothersLtd prior to the submission date of the quotation. Blakeburn Brothers Ltd shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.

5.2 Timely possession of the site and proper and adequate access to it must be made available by the Client to Blakeburn BrothersLtd to enable the work to be carried out in a regular and economic manner.

5.3 The Client will provide access to water, electricity and toilet facilities wherever possible for use by Blakeburn Brothers Ltd in carrying out the work agreed. The provisions of these services and facilities shall be at the sole cost of the client.

5.4 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.
5.5 Blakeburn Brothers Ltd shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.

6. Delay or Disruption

6.1 Blakeburn Brother Ltd undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall Blakeburn Brothers Ltd incur any liability to the Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond his reasonable control.

7. Materials on Site

7.1. Materials delivered to site become the responsibility of the Client and Blakeburn Brothers Ltd accepts no loss, damage or expense after delivery of the materials to site for any reason.

7.2 All materials brought to site which prove to be in excess to Blakeburn Brothers Ltd ‘s requirements shall remain the property of and shall be removable by Blakeburn Brothers Ltd who shall have the right to enter the site for that purpose.

7.3 Blakeburn Brothers Ltd 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. Maintenance

8.1 The responsibility for the proper maintenance of the site passes to the Client upon completion of the Works unless otherwise agreed in writing.

9. Warranties

9.1 Blakeburn Brothers Ltd guarantees that all plants and trees supplied are inherently healthy when planted. Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond Blakeburn Brothers Ltd’s control.

9.2 Blakeburn BrothersLtd accepts no liability for any negligent act or omission or any default under this contract, save for injury or death caused by the negligence of Blakeburn Brothers Ltd

9.3 Blakeburn Brothers Ltd gaurantees all structural elements of works undertaken for a maximum of three years from the date of completion of works. All pointing/ grouting painting, softwood installation are guaranteed for one year from the date of completion.

9.4 Blakeburn brothers Ltd, accepts no liability for frost, snow or extreme weather conditions resulting in a failure of works completed. Any remedial works / costs resulting from this damage will be the not be the responsibility of Blakeburn Brothers Ltd.

10. Law

10.1 This contract shall be regarded as an English contract and shall be construed and the rights of the parties and all matters arising hereunder determined in all aspects according to the Law of England and Wales.