© 2019 Anewgarden Ltd

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            Anewgarden Ltd Terms and Conditions

The client will be responsible for all payments to Anewgarden Ltd unless otherwise notified in writing prior to commencement.

 

By engaging our services the client agrees to all of our terms and conditions.

 

The client shall provide water and electricity at no charge to Anewgarden Ltd

Upon acceptance of the quotation usually in writing by email, a binding agreement shall arise upon the terms and conditions set out hereinafter. A contract will also be formed as a result of any verbal orders or alterations from the Client regarding previously agreed work.

 

The client shall provide access to site during Anewgarden Ltd normal working hours and storage space for materials during the contract progress.

 

Any addition and/or alterations to the schedule shall be properly treated as variations and subject to written instructions.

 

Anewgarden Ltd 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.

 

Anewgarden Ltd requires stage payments to be made at 50% on day work commences and 50% upon completion. Final payment is to be made following completion and payable within 7 days of our invoice. If however the cost of materials exceeds 50% of the balance we will require a greater percentage before work commences to cover these costs. Jobs over £15,000 will have one or more staged payments than the 2 outlined above, these will be formally agreed between us and the clients

 

During busy times a 5% deposit may be required to secure a date in the diary to commence work, if the work is cancelled this deposit will not be repaid.

 

Price to remain fixed until the end of 10 weeks. Acceptance before that date will ensure no increase in the cost of the works specified in the quotation.

Work on old structures such as trellis, decks walls etc are not covered in our guarantee, any tile works that are laid on a base not constructed by our company are not covered in our guarantee. Any painting or render of any old structures not constructed by our company are not covered in our guarantee. Cracks that appear in old walls that have been rendered are not covered in our guarantee. We have no way of knowing if the previous contractor who constructed these older elements did them to a satisfactory standard. Only work on new elements that we have constructed from scratch are covered in our guarantee. Guarantee and liability is strictly limited to the cost of works for that element of work.

 

If work has already been booked in to an agreed specification and the specification changes Anewgarden Ltd reserve the right to cancel the agreed start date and move the job to another agreed date, we also reserve the right to renegotiate the contract if the specification changes before commencement of works.

Work on gardens near basement areas does not cover any waterproofing or tanking costs for the said basement.  This must be agreed with clients before work starts.  If a cost for tanking and waterproofing is not broken down as a line item then it is not included in any works around basement projects.  Generally paving works and new York stone steps will not make a 100% water seal for a standard non tanked basement.  If a 100% water seal is required then we quote to add extra waterproof layers beneath our paving and York stone.  This will still leave the possibility of some water infiltration to the basement.  This must be followed up with professional tanking or waterproofing of the basement to make a 100% waterproof system We do not accept any liability for water infiltration if the said protocols above are not followed.

Anewgarden do no accept any liability for damp or water infiltration when cladding existing steps or surfaces.

 

All sketches, designs, concept designs, plans of any description and documents prepared by us are the intellectual property of Anewgarden Ltd and are subject to the copyright laws of England.

Design service offered, standard charge for 3-D conceptual design is from £350+VAT. revisions charged at £50+VAT per revision

If a detailed scale plan is required prices start from £800+VAT.  If the project is booked in from a full detailed scale drawing 35% of the cost will be refunded. We offer project management services for our designs, this is charged at £50+VAT per hour.  Email correspondence concerning designs may also be charged under the project management design service price plan.

 

2-D designs available for projects. Prices from £250+VAT with revisions at £50+VAT. Designs with measurements or scaled will be more

During busy times we may not be able to produce designs and costs for all projects we come to view. During Spring and Summer it is highly unlikely we will be able to produce any design only work, this is due to the main focus of the company being Design and  Build projects.

There is no allowance within this quotation for extra work required due to unknown, hidden or unforeseen features. Where quotations are based upon details provided by the customer, such quotations are subject to the accuracy of those measurements and specifications. Any amendment to those supplied details of works will be liable for an additional cost. Hidden or unforeseen features may include such items as hidden or not visible manhole covers, drains, tree stumps or electrical cables

 

Any accidental or malicious damage caused by the client, their children or any third party during the course of the construction may incur an additional repair charge.

 

All or any special conditions, of which Anewgarden Ltd has been informed, are noted in the quotation.

 

During the complete period of project works no responsibility will be accepted for loss or injury to third parties, clients or there families if they enter the construction site at any time during the works.

 

It is very important and the responsibility of the Client to ensure we are made aware of any special/statutory By-laws/Conditions/Permissions that may be involved.

 

Anewgarden Ltd accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.

 

Natural products may show some colour and / or texture variations and therefore Anewgarden Ltd cannot guarantee supplied materials are exact representations of any samples provided.

 

Any timber or wood product that we use is obviously natural and therefore may have significant variations in colour, no responsibility is accepted for this variation, any additional timber required to make a more uniform appearance will be charged. All painting and treatment of timber is extra

 

Any stone or paving product that we use is obviously natural and therefore may have significant variations in colour, no responsibility is accepted for this variation, any additional stone or timber required to make a more uniform appearance will be charged.

 

We are not able to accept responsibility for the well being and maintenance of living plant material, including turf, following practical substantial completion unless a maintenance contract is in existence.

 

Any sealing or treatment of paving unless on steps is not included in the price and will be charged if requested. Price will be agreed before we carry out this work.

When working on a shared boundary, be it wall, fence or screen  Anewgarden would expect our clients to have liaised with neighbours on specifications, heights and all details, and secured all permissions.  Crucially the neighbours need to be informed by our clients that every care will be taken when working on a shared boundary. Plants, trees etc that are close to the works would need to be pruned or moved by an agent of our client or neighbour before we commence works to ensure they are not damaged. No liability is accepted by Anewgarden Ltd for damage to trees and plants on shared boundaries when working on shared fence or boundary. 

 

We are not able to accept responsibility for the well being and maintenance of living plant material including turf if soil/drainage/ground conditions are causing a hostile environment for plant life and so inhibiting growth. Every precaution will be taken by Anewgarden Ltd to ensure good conditions before planting, however in the case of unforeseen problems with ground conditions an additional charge may be incurred by the client to re-plant any materials already planted by Anewgarden Ltd gardens and make good the existing problem which has been affected by poor soil/drainage/ground conditions.

 

If necessary we reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.

 

After practical substantial completion, 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.

 

Upon practical substantial completion 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.

 

Severe weather conditions, including drought, may cause the delay of the start date of the contract.

 

Delays caused by other companies delivering materials to site may cause work to be rescheduled.

 

All materials on site remain the property of Anewgarden Ltd until payment is received in full.

 

If an element of work is taken out of a contract before work commences and then given to another contractor to work along side Anewgarden Ltd we will be lead contractor unless otherwise told in writing by the client. If we are relegated to second contractor we reserve the right to renegotiate the contract. If the second contractor fails to turn up and causes delay to the project we will hold the client liable for these extra time costs and wasted hours. If second contractor causes damage to our work we may hold the client liable for such damages particularly if the second contractor has no insurance.

 

Any excess materials ordered to site belong to Anewgarden Ltd.

 

Maintenance is not included in the contract unless specified.

 

In the event it is necessary to institute legal recovery of the outstanding sum the client will pay Anewgarden Ltd legal fees in full.

 

Painting is charged per single coat unless otherwise stated.

 

When installing Victorian Mosaic tiles diamond picture frame borders sometimes do not finish on a perfect diamond, this can mean two diamond tiles joined together usually on the 90 degree corners, or a smaller diamond usually centred in the middle of the path in line with the door. We will try to minimise the impact of these design facts but sometimes it is impossible to stop this occurrence and we will not accept any liability for changing this design fact.

 

York stone and any other natural stone will vary in colour from soft yellow buff colour through to a deep yellow colour, even in the same batch. This is a natural occurrence and Anewgarden Ltd do not accept any liability for changing stones due to differences in colour.

 

Natural stone often contains metal deposits which react to with water when it rains, these appear as a copper or rust mark on the stone, these are 100% natural and do not effect the integrity of the stone. Anewgarden Ltd do not accept any liability for replacing these slabs, this will be an extra cost.

 

Unless stated all pointing on brick walls is standard rubbed in pointing, any special pointing such as pencil or struck is extra.

 

Efflorescence is a white crystal deposit that can occur on brick walls and paving when the salt leaves the brick or paving soon after installation. This is a natural occurrence and soon leaves the surface. Anewgarden Ltd accept no responsibility or liability for this natural occurrence.

 

If we are using reclaimed products such as bricks or York stone paving etc. these are an antique product that by there nature are unique. They are therefore not uniform in size and appearance which is part of the charm of using such products. If the product is rejected by the client due to aesthetic or quality issues they will be whole liable for the purchase of replacements bricks or paving or other second hand product.

 

Parking costs are extra and will be added to any final bill at the end of the job.

 

We are a VAT registered company, it is financially beneficial for us to order the materials for a job, if a client orders materials directly we may exercise an additional charge of 20% for any said materials to recoup any loss we would make in not being able to claim VAT back.

 

Bespoke storage and gates come with standard bolts and hinges, locks, ground anchors, oiling, shelves and painting are all extra. Living roof sedum and artificial grass for the roof are not standard and are charged as extras.

 

The quote outlines all items of work that will be carried out, if something specific is not in the quote then it is not in the schedule of works.

 

If render skirts or ventilation grills are exposed during excavation of front or back gardens and these items need repair they will be charged as extras.

 

York stone bull nose work is for the front of the stone only, to bull nose the sides of a stone is extra.

 

Hardwood and Softwood decking is fitted using gas nails, if screws are preferred an additional charge per m2 will be levied.

 

Pre-existing damage. We may take photographs of your property or complete a pre-existing damage form prior to the start of the project. In the unlikely event that we do damage your property and this is a result of our negligence, you will be covered by our insurance for the full amount. However, claims that we can dispute with photo evidence or written agreement will incur a £50 charge per complaint to cover administration costs.

 

Additional work. We are usually happy to do extra work for our clients over and above our quotations however this is expressly done at your own risk and we will not accept any responsibility for any work undertaken that is not written into the quote, including loss or damage to persons or property.

 

Artificial grass comes in 2 and 4 metre rolls, if these need to be joined every care is taken to make the join is as seamless as possible, however this will be noticeable and is an inevitable part of the installation which we accept no responsibility or liability for.

 

Hardwood and softwood privacy screen is not a fence and is attached on a frame to an existing fence, unless otherwise stated it is clad only on one side, oiling and painting of screens is extra. The galvanised nails used to make screens can sometimes react to the timber and create black marks, this is a natural occurrence and we do not accept responsibility or liability for this. If a fence is required this will be an additional cost

 

Costs for clearance include any skips required but do not include any licenses or bay suspensions, these are extra costs.

 

When creating any raised beds excess soil from the clients garden will be used to fill these beds, if topsoil is requested then additional costs for removing old soil and importing new topsoil may be incurred.

 

Anewgarden Ltd reserve the right to change these terms and conditions at any time.

Due to the nature and construction of fences and fence panels, the boards expand and contract with changes in temperature/moisture, meaning that visible lines of unpainted timber may appear over time. We supply touch-up paint should you wish to fix this. The boards can also twist and warp which is regarded as a natural characteristic with exterior wood products and it therefore not covered in our guarantee

Any plants that are moved due to being in the wrong position for new project elements or because of design considerations this includes new or existing plants or trees can not be covered under any guarantee.

Leaching tanning from hardwood screens and decks is common, we generally seal our hardwood timbers which reduces the impact of the staining.  This leaching process slows over time.  We are happy to clean the tanning leach stains after the timber has been installed for 3 months, by then the tanning should have left the wood.and the continued effects will be minimal.

We treat our clients with respect and dignity and expect to be treated in the same manner.  We follow the legal frame work and health and safety protocol concerning this.  Here is a brief summary

The Equality Act 2010 prohibits harassment related to gender, sexual orientation, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, religion or belief, disability or age. For more information see our Equal Opportunities Policy. The Protection from Harassment Act 1997 also makes it unlawful to pursue a course of conduct which you know or ought to know would be harassment, which includes causing someone alarm or distress. Under the Health and Safety at Work Act 1974 staff are entitled to a safe place and system of work. Individual members of staff may in some cases be legally liable for harassment of colleagues or third parties including customers, and may be ordered to pay compensation by a court or employment tribunal.

 

Who is covered by the policy? This policy covers all individuals working for us or at any of our premises irrespective of their status, level or grade. It therefore includes all employees, managers, directors, officers, consultants, contractors, trainees, homeworkers, casual and agency staff and volunteers (collectively referred to as staff in this policy). What is harassment? Harassment is any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A single incident can amount to harassment.

 

It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past. Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to the victim's gender, sexual orientation, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, religion or belief, disability, or age. Harassment is unacceptable even if it does not fall within any of these categories. Harassment may include, for example: • unwanted physical conduct or "horseplay", including touching, pinching, pushing, grabbing, brushing past someone, invading their personal space, and more serious forms of physical or sexual assault; • unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless), and suggestions that sexual favours may further a career or that a refusal may hinder it; • continued suggestions for social activity after it has been made clear that such suggestions are unwelcome; • sending or displaying material that is pornographic or that some people may find offensive (including e-mails, text messages, video clips and images sent by mobile phone or posted on the internet); • offensive or intimidating comments or gestures, or insensitive jokes or pranks; mocking, mimicking or belittling a person's disability; • racist, sexist, homophobic or ageist jokes, or derogatory or stereotypical remarks about a particular ethnic or religious group or gender; • outing or threatening to out someone as gay or lesbian; or • ignoring or shunning someone, for example, by deliberately excluding them from a conversation or a workplace social activity. A person may be harassed even if they were not the intended "target".

 

For example, a person may be harassed by racist jokes about a different ethnic group if they create an offensive environment for him. What is bullying? Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation.

 

Bullying can take the form of physical, verbal and non-verbal conduct. Bullying may include, by way of example: • shouting at, being sarcastic towards, ridiculing or demeaning others; • unjustified persistent criticism; • belittling someone’s opinion; • physical or psychological threats; • overbearing and intimidating levels of supervision; • inappropriate and/or derogatory remarks about someone's performance; • abuse of authority or power by those in positions of seniority; or • deliberately excluding someone from meetings or communications without good reason. Legitimate, reasonable and constructive criticism of a worker's performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.

We take this policy very seriously and will explore every avenue available to us in protecting the rights of our workers which may include reporting incidents to the police and local authorities and assisting them in a prosecution

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