Terms & Conditions

Terms & Conditions

(Diamond outdoor group LTD) 2024

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1. Acceptance of the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed) means that the Client has read and understood the terms and conditions set out below and will be given the opportunity to sign a contract where by this terms and conditions are then agreed.  Any queries should be clarified before the job specification and associated costings (referred to here as The Contract) are accepted and The Works (the work referred to in The Contract) have begun.

 

2.  All Contracts must be signed by both parties (client and contractor) before work commences. Email confirmation is acceptable but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions herein, in order that the Contract is legally binding.

 

3.  No alterations to the work as shown in the Contract, unless agreed in writing.

 

4.  A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract.  Additional labour will be charged by the day. All costs are subject to the current rate. Additional materials shall be quoted for and agreed to, before these added works are undertaken.

 

5.  We ask that the Client ensures there is adequate access to the Site e.g. that all vehicles and other obstacles are removed, that gates, doorways and passageways are clear of obstruction and unlocked, that neighbours are notified where access is required to carry out the work. We also request that all dog mess be cleared from the Site, if the works cannot be carried out the team will leave the site, and you may still be charged.

 

6.  The Client should inform Diamond outdoor group regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the Contract. A full site survey can be carried out by contractor before commencing works and this should be requested in writing. Upon completion of which, Diamond outdoor group cannot accept any liability for any sub-surface issues should they arise unless revealed in the survey.

 

7.  Should additional work arise due to unknown or undisclosed structures such as those outlined in clause 6 above, then Diamond outdoor group may be required to add additional labour to the project or extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the client before proceeding further.

 

8.  The Client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regards to the Works unless request has by made to Diamond outdoor group to carry this out on your/the client’s behalf. You/the Client shall indemnify Diamond outdoor group against any claim/proceedings/loss or expense resulting from you/the Client failing to gain permissions/give notices/pay fees required in whole or in part. Diamond outdoor group will agree with the client, where appropriate, permissions that they will seek on behalf of the Client.

 

9.  We ask for parking permits or parking costs for vehicles attending the job site in connection with The Works and these costs will be charged in addition to the Contract sum, on completion of The Works.

 

10.  Our terms of trading:

 

A: Landscaping: for works carried out under the sum of £10,000 a deposit of 20% of the agreed Contract sum is requested on agreement and signing of The Contract. For works above £10,000 a deposit of 50% is requested. Works longer then 2 weeks in time will be subject to a weekly payment to be made each Friday of the working week. For with the balance payable on fulfilment of The Contract. Invoicing and payment for any additional costs agreed will take place at an appropriate stage of The Works – to be agreed between you/the client and Diamond outdoor group.

 

B: maintenance work only. Our hourly maintenance service is charged at £40 per hour, with a minimum fee of 8 hours. Accounts are payable within 7 days of the invoice date. Separate agreements are made with our regular contracted maintenance clients, and these payment terms are set out as per their individual contracts.

 

C: Garden design and Planting plans. Garden design costs are charged for as per the individual project and the agreed design fee is to be paid in full before commencement of work. Separate terms and conditions are provided specific to our Design service.

 

11.  Diamond outdoor group shall have lien on all goods and materials remaining on site until full payment of all monies have been made.  The company shall have free access to enter the site to remove such goods and materials.

 

12.  Diamond outdoor group hereby excludes liability to the Client for any loss, cost or damage of any kind arising out of, or as a consequence of its failure to perform or complete the Works by reason of matters beyond Diamond outdoor group, control and which it could not have reasonably foreseen at the date of the Contract.

 

13.  Any concerns or complaints after the Works have been finished should be given to Diamond outdoor spaces within 7 days of completion of Works.

 

14.  Diamond outdoor Group cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions.

 

15.  Diamond outdoor group cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work commencing.

 

16.  Planting and turfing. Separate watering and plant/turf care guides are sent to you/the Client on completion of The Works. It is the responsibility of the Client to carry out this care in accordance with these guides and no responsibility for plants and turf will be taken by Diamond outdoor spaces once the Works have been completed. The plants we use have no specific guarantee from our suppliers once they leave their nurseries.

 

17.  Diamond outdoor group will agree appropriate material and installation guarantees for specific Works at yours/the client’s request. However, we do not have a standard set of terms of guarantee due to the nature our work. Dated certificates can be provided, as evidence of our membership to recognised landscaping bodies – BALI, APL, HTA, CHAZ, Safe Contractor and Trustmark, before the signing of The Contract.

 

18.  Quotes are valid for 7 days from date of issue only.

 

19.  Late payment of invoices for completed works, beyond our payment terms, will be subject to a 10% monthly interest charge (on all outstanding amounts). In addition, a £50.00 administration charge will be added to each subsequent invoice, limited to one per month. Diamond outdoor group, once written/email agreement (as per Point 2) has been received, we/diamond outdoor group reserve the right to enforce late payment charges in accordance with our terms and conditions.

 

20.  CANCELLATION OF CONTRACTS The Client must give 30 days’ notice prior to the work ‘start date’ if they wish to cancel the proposed project. These 30 days include Saturdays and Sundays Any unrecoverable costs incurred in respect of commitments made for materials during that period will be charged in full to The Client For cancellations that do not give The Contractor 30 days’ notice prior to your start date 50% of all agreed fee rates will be charged. In addition, any materials that have been purchased on behalf of The Client, or any other unrecoverable costs in respect of commitments made during that period e.g. Machine hire contracts will be charged to The Client. The Contractor will also retain any deposits paid to cover their losses gallery

 

A: Notice of cancellation must be made as soon as possible by The Client, initially by telephone, and then supported by written confirmation sent by Royal Mail registered post, or via e-mail to Ashley doggett at Ashley@diamondinfo.com

 

21. PHOTOGRAPHS/VIDEOS Diamond outdoor group reserves the right to publish their photographs/videos of their hard/soft landscaping and garden maintenance work on their business website our Facebook business page and other social media accounts. Photographs and videos are used to advertise Green Onion Landscaping’s work. All photographs are the property of The Contractor All photographs sent to Diamond outdoor group will become the property of The Contractor and may be used on our website or social media platforms

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23. Diamond outdoor Group is limited company and trade under the name Diamond landscapes and driveways.