MDK Garden Services Terms and Conditions
Please study these Terms & Conditions thoroughly, as they affect our and your legal rights and obligations with regard to our services. The client is deemed to accept all of the terms and conditions listed below by accepting the quotation and placing the order.
1.1 The quotation is a best estimate of price at the time of viewing taking into account existing site conditions.
1.2 All quotations are valid for 60 days only and may be subject to amendment after that period.
1.3 The Quotation specifies all the work included, any additional or modified work may be liable to a quotation update and must be agreed by both parties prior to commencement of the extra work/material.
1.4 The quotation does not include for additional work required due to unspecified, hidden or underground items.
2. Scope of work
2.1 Work will be carried out to a standard expected by reasonable person.
2.2 The client shall indicate the line of the boundaries, pipes and underground cables before work commences. MDK Garden Services do not accept any liability whatsoever for any losses or future conflicts which the client may have with the owner(s) of neighbouring properties or other parties as a result of works outside of boundaries or damages to pipes and cables which have not been indicated to MDK Garden Services.
2.3 Any requirements or applications for planning permission are the full responsibility of client if not agreed otherwise.
2.4 All designs are in the ownership of MDK Garden Services and are covered by Copyright laws. MDK Garden Services designs cannot be reproduced without prior written approval of MDK Garden Services. When design work has been paid for in full the client may approach other companies for quotations if required. However copyright of the design will stay with MDK Garden Services. It is not permitted to use these materials for any marketing purposes by a third party unless authorised by MDK Garden Services .
3. The site
3.1 The client commits to providing adequate and reasonable access to the site during the time of execution of the project.
3.2 Electricity and water access will be provided by the client at no additional charge to MDK Garden Services.
3.3 MDK Garden Services undertakes to make all reasonable endeavours to complete the project within a reasonable timeframe or by a specific date if so agreed. However, unexpected circumstances such as weather may delay progress, and MDK Garden Services will keep the client informed.
4. Construction & Materials
4.1 Materials will be laid/built/used by methods advised by the supplier unless agreed otherwise. MDK Garden Services accepts no responsibility in the case that problems with materials appear and the suppliers advice has been sought, except as a result of incorrect installation by MDK Garden Services.
4.2 The guarantee covers the installation for a period of three years and does not extend to cover damage or deterioration caused by, or resulting from; accident, misuse, impact damage, heavy goods vehicles, natural weathering, lack of maintenance, or staining caused by any substance whatsoever. Movement, expansion or contraction of sub-soil or sub-base due to, (but not limited to), climatic changes, tree root activity, underground drains, mine-workings, earthquake and changes to the local water table are outside the control of MDK Garden Services, therefore the guarantee does not cover damage caused by these or related factors.
4.3 Materials, plants and tools becomes responsibility of client when delivered and stored on site in a place identified by the client . Any lost and damage is out of MDK Garden Services control.
4.4 MDK Garden Services cannot guarantee any colour or texture variations in the appearance of natural products.
4.5 Efflorescence is a natural condition appearing as white marks on the surface of concrete products or bricks. MDK Garden Services cannot influence this condition and therefore is not able to take any responsibility for its appearance.
4.6 Wood is a natural product which may react and change in outdoor conditions. Any changes in shape, colour, twisting or splitting is beyond MDK Garden Services responsibility.
4.7 Extreme changes of weather conditions can damage certain plants and materials such as some natural stone, terracotta, and also other materials can be affected if not protected. The client should prevent damage by taking the necessary care. MDK Garden services cannot take any responsibility for weather damage.
4.8 MDK Garden Services supplies plants from reputable nurseries , however it is impossible to guarantee their future survival once it has been planted.
4.9 Plant and turf irrigation is the clients responsibility after project completion.
5.1 The client agrees to pay MDK Garden Services the total contract sum together with any Value Added Tax if applicable.
5.2 Payment terms: 30% of total quoted value is required prior to start date. Where the total estimated value exceeds £5000, a interim payments will be agreed prior to works commencing. On completion the remaining balance is to be paid within 2 days. If the invoice is not settled within 10 working days daily interest at 1.5% is applicable until full payment is received.
5.3 In the case of unavoidable legal recovery of the balance sum the client will be liable to pay MDK Garden Services entire legal fees.
5.4 If the material or other delivery is delayed by the customer, MDK Garden Services reserves the right to charge the client the daily labour rate for all staff on site until the material is available for use in case that no other work could be carried out.
5.5 In the case that the client changes the materials from those delivered as a result of a change of mind, he or she will be solely liable for payment of any additional costs and restocking charges involved.
6.1 Waste disposal is subject to extra charge if not specifically included in quotation.
6.2 MDK Garden Services do not accept any claim or compensation arising from any damage or surface changes caused by the high pressure cleaning.
6.3 Any dates or time periods included in quotation or estimate are provided in good faith however changes in commencement or completion dates of the project are no reason for agreement cancellation.
6.4 MDK Garden Services reserves the right to use any drawings, photographs or plans produced by us for any future marketing activities while respecting clients anonymity.
Peace of mind
- MDK Garden Services has public liability insurance
- MDK Garden Services has valid spraying certificate
- MDK Garden Services is a licensed waste carrier (registration CBDL38198)