Terms & Conditions - Landscape Brothers

Terms & Conditions

All work undertaken will be discussed and agreed prior to the start date. The arrangements between the client and Landscape Brothers may be reflected in the drawing or a project, constituting a schedule to the quotation. All work will be completed from the original design by Landscape Brothers unless otherwise agreed.
The price for work will be presented in a quotation. The price for work includes all materials and labour.
The quotation will be valid for three months.
The client shall provide water and electricity, if needed for the purposes of carrying out the work specified in the quotation, at no charge to Landscape Brothers.
The client shall provide access to the site during Landscape Brothers normal working hours, and during the works progress. If possible the client will provide also a storage space for materials.
Any addition and/or alterations to the schedule and/or the drawing or a project shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes.
Landscape Brothers is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection. The foregoing does not apply to damages that should have been reasonably foreseen by Landscape Brothers with its expertise, i.e. where damage arose because of negligence or failure to use reasonable care and skill.
The client will be responsible for all payments to Landscape Brothers, unless otherwise notified in writing prior to commencement.
Stage payments against works completed/materials on-site to be made at weekly intervals. Final payment to be made following satisfactory completion and payable within 7 days of our invoice unless otherwise agreed.
The Client shall inform Landscape Brothers about any special/statutory Bylaws/Conditions/Permissions that may be involved and remains responsible for failure to do so. Landscape Brothers is not liable for non-compliance with the obligations resulting from the documents mentioned herein above unless non-compliance is caused by Landscape Brothers negligence or failure to act with reasonable care and skill.
All or any special conditions, of which Landscape Brothers have been informed, are noted in the quotation.
Landscape Brothers accepts no responsibility for works that have been carried out on land that is not under the ownership of the client if, with reasonable care, Landscape Brothers was not aware and could not have been reasonably aware before the commencement of the works that the land is not under the ownership of the client. It is assumed that all planning laws or regulations have been applied before the commencement of any works.
Landscape Brothers is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, upon satisfactory completion of the quotation unless a maintenance contract remains in existence. The foregoing does not apply to situations where responsibility arises out of negligence in carrying out the work or supply of the plants which were not of satisfactory quality or fit for the purpose. If necessary, upon prior consent of the Client, Landscape Brothers reserves the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification. In regards to any landscaping work that involves digging - such as patios, artificial grass, drives or any other digging, nearby to trees, shrubs, flowers, plants etc we cannot be held responsible if roots are in the way and need to be cut to complete the work.
Upon satisfactory completion of the quotation the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established. Great care is taken to remove all weeds/roots from the site when being prepared. Landscape Brothers cannot accept responsibility for subsequent weed growth on completion of the project.
We are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any material(s) including plants.
Severe weather conditions, including drought, may cause the delay of the start date of the quotation. This will not affect the original, agreed price.
If, during the quotation term, works on site will be delayed due to other companies, employed by the client, Landscape Brothers reserves the right to reschedule the works and to seek from the client recovery of reasonable costs incurred as a direct result of delays caused by such other companies.
All materials on site remain the property of Landscape Brothers until payment is received in full. Materials surplus to the quotation not covered by and not intended to be used in the performance of the quotation, delivered with the materials necessary to perform the works specified in the quotation will remain the property of the contractor and will be removed from site upon completion.
Maintenance is not included in the quotation unless specified.
Cancellation of work not received within 7 working days of the scheduled start of work will be subject to a charge of 15% of the quoted price.
The quotation constitutes the entire agreement between the parties with respect to the work and replaces and nullifies all prior written and oral agreements, negotiations, letters of intent or offers in that respect. The client shall ensure that anything discussed or agreed verbally with the Landscape Brothers prior to the commencement of work is contained in the quotation and the drawing or a project (if prepared).
The drawings and/or projects provided by Landscape Brothers the client and all intellectual property rights associated therewith shall remain the sole property of Landscape Brothers The drawings and/or projects may be used solely for the completion of works by Landscape Brothers The client shall not make any other use of the drawings and/or projects, especially for the completion of works by other contractor than Landscape Brothers Title to copies and intellectual property rights associated with the drawings and/or projects may be transferred to the client upon payment agreed in a mutual agreement of Landscape Brothers and the client.
If you accept the proposal we reserve the right to use photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information.
Landscape Brothers are registered with SEPA as waste carriers under the control of pollution act 1989. Our registration number is WCR/R/1110938.
Landscape Brothers Ltd., Registered in Scotland, Reg. No.: SC382078, VAT No.: 996835935
It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.

Landscaping Guarantee

A five (5) year warranty exists on all workmanship performed by Landscape Brothers provided that proper maintenance procedures are practiced upon installation completion.
If at any time prior to the 5 year (or specified warranty/guarantee period) or after the actual date of completion of any work; any part of the work becomes defective or is deficient or fails due to defect in workmanship then the company, upon request of the client, shall make good of every such defect, deficiency or failure without costs for parts, equipment and/or labour. It is the sole responsibility of Landscape Brothers to make good for faulty workmanship within the warranty period.
Landscape Brothers is not responsible for any damages from natural material changes such as staining discolouring, efflorescence, cracking, and chipping, changes in shape that may occur on wood, poured-in-place concrete, precast concrete, asphalt, natural stone, concrete pavers or brick after installation. Landscape Brothers is also not responsible for damages caused by de-icing salts or any other products applied to natural stone or concrete products.
It is the Owner sole responsibility to ensure adequate watering and maintenance of all plant material after installation. While every effort is made to locate suppliers for the plants listed above, it should be noted that specific plant selections, numbers, and sizes mentioned above are subject to substitution without notice should stock become unavailable, in which case the most suitable substitution will be made by a Landscape Brothers representative.
Before Acceptance and takeover by the Owner: Generally, Landscape Brothers maintains and is solely responsible for the plant material.
The guarantee should not apply to plants or other products damaged after Acceptance by causes beyond Landscape Brothers’s control, such as inadequate maintenance by others, vandalism or abuse. Landscape Brothers is considered responsible for the work until Acceptance. After Acceptance, unless otherwise specified, the Owner is considered responsible for the work, and for proper maintenance, repairs, and plant replacements.