1. Definitions

1.1 The following definitions apply in these terms and conditions:

Contractor: Refers to Cherry Tree Fencing and Landscaping Ltd, the provider of the Quotation.

Client: The individual, firm, or company entering into a contract with the Contractor for landscaping works.

Quotation: The written estimate provided by the Contractor for the completion of the Works.

Site: The location where the Works will be performed by the Contractor.

Specification: Documents, including plans and/or drawings, detailing the Works provided by the Contractor.

Works: The work to be executed by the Contractor as outlined in the Specification, along with any other agreed services.

2. Scope of Work

2.1 The Contractor shall execute the landscaping work as detailed in the Quotation, in a skilled manner. No additional work will be performed unless agreed in writing.

2.2 Any inconsistencies in contract documents must be highlighted before the Commencement Date, with a revised price agreed. If discovered after the start, the Contractor is entitled to a reasonable sum for any extra work incurred.

2.3 The Client is responsible for securing any necessary planning permissions and fulfilling statutory requirements.

2.4 The Client must ensure they have obtained permissions, given notices, and paid fees as required by any authority. The Client indemnifies the Contractor against any loss due to failure in securing permissions or meeting statutory requirements.

3. Quotation

3.1 Quotations are valid for 30 days from the date issued and may be subject to price adjustments due to material cost changes.

3.2 Quotations are based on conditions known at the time of viewing. The Client will bear costs arising from unforeseen difficulties or changes not covered in the estimate.

3.3 Acceptance of the Quotation constitutes a binding contract. Cancellations may result in claims for any loss incurred by the Contractor, including loss of profit.

3.4 Material prices may vary. Prices will be confirmed with the Client two weeks before the job begins.

4. Variations

4.1 Variations to the Works must be instructed in writing by the Client. Verbal instructions or instructions from site personnel are not accepted.

5. Contract Sum

5.1 The Contractor provides a written Quotation detailing the Works and associated costs.

5.2 Quotations remain open for 30 days unless otherwise agreed. If not accepted within this period, the Quotation will lapse.

5.3 Acceptance within the 30-day period finalizes the Contract Sum. A binding contract is established upon the Client's written acceptance.

5.4 The Contractor is not responsible for material price increases; these are determined by the sawmill, with quotes held for 30 days.

5.5 Quotations accepted outside the 30-day window may be subject to price revisions.

5.6 All instructions from the Client must be in writing. The Contractor is not obligated to act on verbal instructions until confirmed in writing.

6. The Site / Our Team

6.1 The Client must provide adequate access to the Site for work to be carried out efficiently.

6.2 The Client must provide access to water, electricity, and toilet facilities for the Contractor’s use.

6.3 The Client is responsible for the safety of children, family members, pets, animals, and visitors while work is ongoing.

6.4 The Contractor is not liable for structural or accidental damage except due to improper use of machinery.

6.5 The Contractor's teams may play music on-site. The Client should notify neighboring properties of the scheduled work. The music will be adjusted upon request if it causes disturbance.

7. Commencement, Completion, Delay, and Disruption

7.1 The Client must provide full Site access on the Commencement Date.

7.2 The Contractor will start and diligently proceed with the Works on the agreed Commencement Date, aiming to complete by the Completion Date.

7.3 The Contractor will make reasonable efforts to meet deadlines but is not liable for delays due to factors beyond their control, including weather, strikes, or client delays.

8. Materials, Natural Wood

8.1 Once delivered to the Site, materials become the Client’s responsibility, including any loss or damage.

8.2 The Contractor is not liable for any loss or theft of materials from the Site.

8.3 Materials remain the Contractor’s property until payment is received.

8.4 Timber is a natural product and may experience shrinkage, warping, and color variation due to environmental factors. The Contractor is not liable for these natural changes.

9. Excavation, Foundations, and Spoil

9.1 Extra charges may apply for unforeseen underground conditions encountered during excavation.

10. Maintenance

10.1 Responsibility for Site maintenance passes to the Client upon completion, unless otherwise agreed.

11. Quality of Workmanship

11.1 All work will be in line with industry standards. The Contractor offers a 12-month defects period, excluding damage, neglect, or natural timber movement.

12. Our Commitment

12.1 The Contractor ensures work has been completed to standard upon erection.

12.2 Clients should report any issues in writing with images, if possible, for assessment.

12.3 The Contractor will assess issues reported and strive to resolve them, barring causes outside their control.

13. Payment

13.1 A deposit is required to confirm the booking, covering material costs.

13.2 The Client agrees to pay the Contract Sum, plus VAT where applicable.

13.3 Full payment is due upon job completion. Weekly invoicing applies for landscaping projects, with a small holdback for final touches.

13.4 Materials remain the Contractor’s property until the account is settled.

14. Postponement and Cancellation

14.1 Once the quote is accepted and a start date is booked, the Client agrees to the terms and confirms funding availability.

14.2 The Client may postpone with at least 14 working days’ notice, after which a new Commencement Date will be agreed.

15. Data Protection

15.1 Cherry Tree Fencing and Landscaping Ltd is the data controller under the Data Protection Act 2018.

15.2 By providing personal data, the Client agrees to its use for updates, delivery, and application administration.

16. Rights of Third Parties

16.1 This contract is only for the benefit of the involved parties and their successors.

17. Entire Agreement

17.1 These terms represent the complete agreement, replacing prior discussions and understandings.

18. Governing Law and Jurisdiction

18.1 This contract is governed by the law of England and Wales.