Terms & Conditions


  1. The Scope of the Work:
    1. The Contractor shall carry out and complete the landscape work described in the contract documents in a good and workmanlike manner.  He 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 the specification shall prevail over the drawing.
    2. The contract documents shall include the estimate, the specification, plans and drawings and any other document referred to in said 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.
    3. The term “the Contractor” shall mean the Contractor referred to overleaf, and the term “the Client” shall means the Client specified overleaf.
    4. The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.
  2. Quotation:
    1. An estimate shall remain open for acceptance within thirty days of the date shown and thereafter lapse automatically.
    2. a) All estimates are based upon market prices and rates for materials, labour, sub contractors, suppliers, transport and all other materials and services required for the works ruling at the date of said estimate.  The Contractor reserves the right to amend the contract sum referred to therein in order to take account of any increases or decreases in these prices caused by statutory change or increases or decreases in the prices of materials, rates or wages and any other charges for said materials, labour and other services required for the works insofar as such charges have not been anticipated by the Contractor when preparing the estimate.  b) Alternatively, this is a fixed price estimate for a contract period of 90 days.
    3. The Contractor also reserves the right to increase the contract sum should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond his control.
    4. Acceptance of the Contractor’s estimate involves acceptance of these terms and conditions and of the contract documents, and will lead to a binding contract between the parties.  It should be noted by the Client that any attempted or any actual cancellation thereof by the Client may involve the Client in a claim for recovery by the Contractor of any loss or expense incurred as a result, including a claim for loss of profit.
  3. Variations:
    1. Variations to the works as described overleaf will only be undertaken upon instructions given in writing by the Client to the Contractor.  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, properly treated as a variation, will be based upon costs prevailing at the date of the instruction. A confirmation of verbal instruction (CVI) may be signed on site by the client and the company site foreman, this will then be submitted for processing and does not form part of the contract until confirmed in writing by YGS.
  4. Payment:
    1. The Client accepts that he will pay to the Contractor the contract sum together with any Value Added Tax properly chargeable upon the contract sum.
    2. All accounts are net and do not provide for any discounts or retentions unless otherwise agreed.
    3. Unless otherwise stated, accounts are payable within 28 days from date of invoice.
    4. Interest will be charged on all invoices at 2% per month until actual payment in full is received.
    5. Where the period for completion of the works exceeds 28 days, interim or stage payments will be made to the Contractor by the Client and will be invoiced at regular intervals.  Each stage payment is due within 14 days from the date of the invoice.  If any invoice is not paid on the due date and the Client continues in default for 7 days after receipt by registered post or recorded delivery of a notice from the Contractor stating that notice of determination will be served if payment is not made within 7 days from receipt thereof, then the Contractor thereupon by notice by registered and/or recorded delivery to the Client forthwith determines this contract, and the Contractor shall thereupon be entitled to cease work on the contract and remove all materials remaining unused on the site, and recover from the Client his whole loss and expense arising out of said default by the Client.
    6. A Banker’s Reference will be required for contracts in excess of £500 (Five Hundred Pounds).
  5. The Site:
    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 of former buildings or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing by the Client to the Contractor prior to the date upon which the Contractor submits the quotation overleaf.  If the Client breaches the above warranty, the Contractor shall be entitled to make a reasonable charge for all additional work necessarily and properly executed by the Contractor as a result.
    2. Timely possession of the whole site and proper and adequate access to it must be made available by the Client to the Contractor to enable the work to be carried out in a regular and economic manner.
  6. Delay/Disruption:
    1. Unless otherwise agreed, the Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time or, if a specific area for completion is agreed, by that date, but under no circumstances shall the Contractor incur any liability to the Client for any untimely performance unless a figure for liquidated and ascertained damages is specifically agreed and quoted overleaf.  In particular, the Contractor shall incur no liability for any delays or non performance arising from force majeure, adverse weather conditions, strikes, lock outs, war or other hostilities or any active event beyond his reasonable control in whole or in part.  In addition the Contractor shall be entitled upon application by him to a reasonable extension of time from the Client in respect of any such matters referred to above, and in respect of any matters referred to in Clause 5.  In particular the Contractor has and/or shall have no liability to the Client for any loss, damage or expense which the Client may suffer for any negligent act or omission of the Contractor or any default by the Contractor arising out of his performance of the Contractor’s obligations under this contract unless separately and expressly agreed overleaf.
  7. Materials on Site:
    1. 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 Contractor’s reasonable control.
    2. All materials brought 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.
    3. All goods supplied by the Contractor remain it’s absolute property until such time as all monies due are paid by the client. The Client gives to the Contractor an irrevocable licence to go onto the property upon which the goods supplied are situated to remove those goods, within 90 days from which date the monies were due to be paid.  No third party may gain any intervening right.
  8. Warranties:
    1. The Contractor guarantees that all plants and trees supplied will be inherently healthy when planted.  Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond the Contractor’s control.  However, providing the planting has been maintained in accordance with the maintenance notes issued by the Contractor, consideration will be given to the replacement of any material found to be defective during the first growing season if notified by the Client in writing and inspected by the Contractor.
    2. The Contractor guarantees that grass seed supplied has been tested and conforms to current EEC Regulations.  It should be understood that a sward cannot be made in one season and that several seasons and careful cultivation, weeding and feeding are essential.  No land is free from weeds and accumulated growth and dormant weed seed cannot be eradicated in a few cultivations.  Therefore, when the Contractor undertakes to cultivate land it does not accept responsibility for subsequent weed growth.
    3. The Contractor accepts no liability for any negligent acts, omissions or any default under the contract, save as may otherwise be specifically agreed overleaf.
  9. Disputes:
    1. In the event of any dispute or difference between the Client and the Contractor arising during the progress of the works, or after completion or abandonment thereof in regard to any matter or thing whatsoever arising out of this contract or in connection therewith, the said dispute or difference shall be and is hereby referred to the arbitration of such person as the parties may agree to appoint as Arbiter/Arbitrator of failing agreement within fourteen days after either party has given to the other written notice to concur in the appointment of an Arbiter/Arbitrator as may be appointed by the National Chairman of the British Association of Landscape Industries (BALI) Arbitration proceedings shall be deemed to have been instituted on the date of which said written notice has been given.  The Arbiter/Arbitrator shall be entitled to remuneration and reimbursement for his outlays.
  1. This contract shall be regarded as an English contract and shall be construed and the rights of parties and all matters arising hereunder determined in all respects according to the Law of England & Wales.
  1. These terms and condition are applicable to the estimate/specification attached.

These Standard Terms and Conditions are recommended by the British Association of Landscape Industries.