Terms and Conditions

Fairview Gardens Terms and Conditions

All costs subject to terms and sight of subject. In placing an order to complete work you accept the terms and conditions below.

[For owner read ‘proprietor’, for customer read ‘client’]

1. Price variation.
Estimates are based on the proprietors current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs and sight of draft design elements. The proprietor’s rate for all work is at present £50 per hour. Any work including any chargeable non-gardening requirements will be invoiced at this rate unless otherwise stated. All proposals/estimates/quotations issued are valid for 60 days from date of issue.

2. Tax Except.
The proprietor is not registered to pay VAT

3. Preliminary work.
All work carried out, whether experimentally or otherwise, at client’s request shall be charged at the quoted hourly design rate (see 1, price variation). Some projects may be subject to preliminary work charged separately from the hourly rate.

5. Delivery and payment

a) Delivery of work shall be accepted when tendered and there upon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.

b) Unless otherwise specified the price quoted is for delivery of the work to the client’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.

c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.

d) Should work be suspended at the request of or delayed through any default of the client for a period of 14 days the proprietor shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

Payment terms are strictly within 7 days from date of invoice or as stated on invoice. Any other payment terms must be pre-agreed and in writing.

The Late Payment of Commercial Debts (Interest) Act 1998
We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to the above agreed credit terms. Under the legislation interest will be charged at 8% over base rate on overdue business debts, which will include all reasonable debt recovery costs. All overdue business debt will also incur compensation costs under this legislation. The compensation entitlement varies in accordance with the size of the debt:

Size of unpaid debt Sum to be paid to the creditor
Up to £999.99 £40.00
£1,000.00 to £9,999.99 £70.00
£10,000.00 or more £100.00

6. Claims
Claims Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the proprietor and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to the proprietor and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to the proprietor within 28 days of delivery. The proprietor shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the client proves that (1) was not possible to comply with the requirements and (2) advice (where required) was given and the claim made as soon as reasonably possible.

8. Liability
The proprietor shall not be liable for any loss to the client arising from delay in transit not caused by the proprietor.

9. client’s property

a) except in the case of a client who is not contracting in the course of a business nor holding himself out as doing so, client’s property and all property supplied to the proprietor by or on behalf of the client shall while it is in possession of the proprietor or in transit to or from the client be deemed to be at client’s risk unless otherwise agreed and the client should insure accordingly.

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