The following terms and conditions apply to all client agreements:
Terms & Conditions
- Scope of Work
1.1 The Contractor 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. If there is any discrepancy between any specification and any drawing then the description contained in the specification shall prevail over the drawing.
1.2 The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.
2.1 The estimate is valid for a period of 14 days from the date shown in the quotation and thereafter lapses automatically.
2.2 Work Commencement and Completion date is an estimate and may be subject to delays beyond our control including, but not limited to, Weather Conditions, Supplier Inventory, Access to Site, Personal Injury, or Emergencies.
2.3 The estimate 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 subject to prior written agreement between the client and Oilcanfinish.
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 Oilcanfinish of any loss or expense incurred as a result, including a claim for loss of profit.
3.1 Variations to the Works as specified in the quotation will only be undertaken when agreed between the Oilcanfinish and the Client and upon instructions given in writing by the Client to the Oilcanfinish. Oral instructions will not be accepted, a Change Order Form is required to be submitted by the Client. 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.
4.1 The client accepts that they will pay to Oilcanfinish the contract sum as stated in the Payment Schedule..
4.2 All accounts are net and do not provide for any discounts or retentions unless otherwise agreed in writing.
4.3 All accounts are payable within two days from date of invoice. Interest will be charged from the due date of payment of all invoices at the allowable prevailing rate.
4.4 This is a staged payment contract. The payment schedule is noted on Page 2 of your agreement.
4.5 All materials are the property and responsibility of the client upon delivery to the site. Excess materials will be removed by Oilcanfinish only where it is possible to do so without any additional cost being incurred.
4.6 Any payment delays on staged payment Contracts will result in work ceasing until the outstanding payment has been received. Excessive payment delays may result in the rescheduling of work, recommencing at Oilcanfinish Landscaping’s next available dates.
4.7 Additional work which has been quoted for and agreed in writing does not alter this payment schedule in any way. Additional work will be invoiced separately from this contract.
- 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 discoverable upon visual inspection of the surface of the site or made known in writing to Oilcanfinish prior to the submission date of the quotation. Oilcanfinish 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 Oilcanfinish 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 the Contractor 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, themselves, family members, pets, animals and visitors at all times whilst work is being carried out on their premises.
- Delay or Disruption
6.1 Oilcanfinish 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 Oilcanfinish 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.
- Materials on Site
7.1. Materials delivered to site become the responsibility of the Client and Oilcanfinish accepts no loss, damage or expense after delivery of the materials to site for any reason.
7.2 Oilcanfinish 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.
8.1 The responsibility for the proper maintenance of the site passes to the Client upon completion of the Works unless otherwise agreed in writing.
9.1 Oilcanfinish guarantees that all manufacturer warranties will be registered where applicable.
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.