Aye Landscape Construction
Standard Terms and Conditions for Gardening and
Project booked to start:
1. The term client shall mean ...................................... who will be responsible
for all payments to the contractor unless otherwise notified in writing prior to
2. All work undertaken will be discussed and agreed prior to the start date and
all work will be completed from the original design by AYEGARDENING
unless otherwise agreed.
3. The estimate/original price for work includes all materials and labour where
stated from original design.
4. The client shall provide water and electricity, if needed, at no charge to
5. The client shall provide access to site and storage space for materials at all
times during the works progress and during AYEGARDENING’S working
hours. Our working hours are typically 8:00am-17:00pm. Please allow travel
time to and from our own site.
6. AYEGARDENING 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.
7. The client will be responsible for all payments to AYEGARDENING, unless
otherwise notified in writing prior to commencement.
8. The total amount for the project is estimated at £....................
9. For work where we have quoted from square metres, such as artificial
grass, a £75 fee may apply for a site visit, which is deductible from the total
Projects under £20,000 (Please see your quote for project terms for over £20,000)
10. Once you have agreed to book in a project with us we will ask for a
payment of £500 to make this booking firm if the project is being booked into
the future more than 2 months. An exception to this would be bespoke items
where a larger up front payment would be needed.
11. A mobilisation payment (usually 50% of the total) is payable on order. We
will ask for this 1-2 months before the project starts. The mobilisation payment
will be used to purchase material necessary for the construction of the
work/arrange disposal or hire machinery.
12. A final payment of the balance of £....................... to be made following
practical substantial completion and payable on completion. This is usually
the remaining 50% minus any booking fee or site visit fee previously paid.
13. We understand and will exercise our statutory right to claim interest and
compensation for debt recovery costs under the late payment legislation if we
are not paid according to agreed credit terms. Payment methods are debit
card, credit card or by BACS (Internet bank transfer)
14. The work is substantially complete when all items described in this
contract have been constructed, installed or disposed of (if this is agreed in
the estimate) Substantial completion shall not include adjustment, repair,
replacement or cleaning of any item so constructed or installed after final
inspection. Requests for adjustment, repair, replacement or cleaning of any
constructed or installed item shall not be the cause for delay of final payment,
but rather shall be considered warranty items.
Alterations or Changes
15. Any addition and/or alterations to the schedule/project shall be properly
treated as variations and subject to written instructions and additional
payments may be required to cover the agreed changes.
16. If the client adds extra work to the planned landscape gardening then this
will be chargeable. If the measurements given for the garden, by the client,
are incorrect, then again any extra labour and materials will be noted and
charged to the client.
17. Price to remain fixed until the end of ..................... Acceptance before that
date will ensure no increase in the cost of the work specified. Any special
conditions are noted in the quotation.
18. All, or any special conditions, of which AYEGARDENING has been
informed are noted in the quotation.
19. We are not able to accept responsibility for the well-being and
maintenance of living plant material, including turf, following practical
substantial completion. If necessary we reserve the right to substitute any
plant with another of equal value and growth/habitat/colour in accordance with
20. 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.
21. 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. Great care is taken to remove all
weeds/roots from the site when being prepared; AYEGARDENING cannot
accept responsibility for subsequent weed growth on completion of the
22. It is very important and the sole responsibility of the Client to ensure we
are made aware of any special/statutory bylaws/conditions/permissions that
may be involved.
23. We 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.
24. Severe weather conditions, including drought, may cause the delay of the
start date of the contract. This will not affect the original, agreed price.
25. Delays caused by other companies on site may cause work to be
rescheduled and charges may be made in certain circumstances.
26. All materials surplus to the work will remain the property of the contractor
and will be removed from site upon completion. If the client would like to keep
any surplus materials then a charge will apply for each item.
27. The contract contains the entire understanding and agreement between
the parties with respect to the work and supersedes all prior or
contemporaneous written and oral agreements and understandings with
respect to the subject matter hereof. No oral promises or agreements are a
part of this contract.
28. We will be entitled to suspend performance of, or terminate the contract if
the client fails to pay any sum due to us, in accordance with the payment
terms, or is in breach of these terms, or becomes bankrupt, in which case we
shall be entitled to payment for all the work carried out and for all goods
supplied to the date of the termination or suspension of the contract, and to
retain any deposit or interim payment made towards this.
29. Maintenance is not included in the contract unless specified. Please let us
know if you would like a separate quote for regular maintenance.
30. We shall not be liable for any defects arising from the client’s own actions
or lack of care, including without limitation, inadequate watering, deliberate
damage, removal or other abuse or damage caused by the client.
31. Cancellation of work not received within 3 working days of scheduled start
of work will be subject to a charge of 15% of the quoted price. If the original
price included a materials payment, this amount will be non-refundable, as
materials would have already been purchased.
32. If you accept the proposal we reserve the right to use photographs of the
garden (before, during and after construction) in promotional material. Such
promotional material will not include any personal information.
33. Errors and omissions excepted.