Terms and Conditions 

Agreement in terms of contract for both qoutes and work

​

These terms and conditions shall apply to and are incorporated in any quotation and shall be deemed to apply unless expressly modified or excluded in writing by Bakers developments 

 

​

​

1. scope

1.1 Bakers developments  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.

1.2 The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.

1.3 All work shall be completed by Bakers developments and their employees, unless otherwise stated.

 

2. quotation

2.1 The quotation is valid for a period of thirty days from the date shown in the quotation and thereafter lapses automatically.

2.2 Bakers developments reserves the right to increase the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond their control.

2.3 The quotation 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.

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 Bakers developments of any loss or expense incurred as a result, including a claim for loss of profit.

2.5 All quotes will be free of charge unless change is made by the client, changes are all chargeable on an hourly rate to include changes unless agreed otherwise. 

2.6 Any failure to pay invoices the price of the quote will be added to the final invoice at an hourly rate. 

 

3. Variation

3.1 Variations to the Works as specified in the quotation will only be undertaken when agreed between Bakers developments and the Client. This will then result in a new quotation being created, in which the client is bound by these terms and conditions once accepted. 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 will be based upon costs prevailing at the date of the instruction.

 

4.payments 

4.1 The client accepts that they will pay to Bakers developments the invoiced sum together with any Value Added Tax properly chargeable upon the invoice subtotal.

4.2 All accounts are net and do not provide for any discounts or retention’s unless otherwise agreed.

4.3 All accounts are payable within seven days from date of invoice, stabilisation and interim payments are to be payed by the date allocated on the invoice. Failure to make payments within this time will result in interest charges being applied which will also include an admin charge and legal action to recover the debt after time elapsed whereby a payment resolution has not been met.

4.4 The payment schedule shall be as follows;

• Quotes/Invoices that are £2,000 and below are to be paid 50% prior works and the following 50% to be paid upon completion

• Quotes/Invoices that are above £2,000 are subject to the following ‘Payment Terms’: A stabilisation fee will be required before the commence of work, which will be discussed with the customer when they accept the quote. There will then be further scheduled payments to be paid by the client within the agreed terms of stages.

4.5 Any payment missed by the date allocated on the invoice of payment will be subject to a admin charge this can also include a charge for the original quote made as part of the terms.​

 

5. 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 discover-able upon visual inspection of the surface of the site or made known in writing to Bakers developments prior to the submission date of the quotation. Bakers developments  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 Bakers developments 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 Bakers developments in carrying out the work agreed. The provisions of these services and facilities shall be at the sole cost of the client unless agreed otherwise.

5.4 The client shall be responsible for ensuring the safety of their children, family members, pets, animals and visitors at all times whilst work is being carried out on their premises.
5.5 Bakers developments shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.

 

6.Delay or disruption 

6.1 Bakers developments undertakes to use all reasonable endeavours to complete the work within a reasonable time or within a specified date if agreed. Under no circumstance shall Bakers developments incur any liability to the Client for any untimely performance or delays arising from force measure, adverse weather conditions or events beyond his reasonable control.

 

7. materials on site 

7.1. Materials delivered to site become the responsibility of the Client and Bakers developments accepts no loss, damage or expense after delivery of the materials to site for any reason.

7.2 All materials brought to site which prove to be in excess to Bakers developments requirements shall remain the property of Bakers developments and shall be removable by Bakers developments whom shall have the right to enter the site for that purpose.

7.3 Bakers developments 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.Maintenance

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.warrenties 

9.1 Bakers developments guarantees that all plants and trees supplied are inherently healthy when planted. Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond Bakers developments control.

9.2 Bakers developments accepts no liability for any negligent act or omission or any default under this contract, save for injury or death caused by the negligence of Bakers developments.

9.3 Bakers developments will accept liability for materials installed with a warentee from the manufacturer, this will be dependant on use and maintenance of materials. If deemed the aforementioned has not been kept then any warrantee will be void

9.4 Grand movement and settling will not be covered under any warrantee.

9.5 Grouts of any type are not covered under warrantee

9.6 Any base layer on sand or with a brush in sand will be left in the full responability to the customer once Bakers developments has left the site we will take no responsibility for subsidence, weeds etc. 

 

10. Law 

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.

​

​

​

​

​

​

​

​