Any landscaping contracting company or individual who uses terms and conditions sets themselves a class above those that don't.
However, they are not there just for show, they can mean the difference, if prepared correctly, between a swift resolution in the event of any dispute or a lengthy drawn out legal action.
Remember, in most cases, as long as there is no ambiguity you can set any conditions that you like and insert special conditions that relate directly to the specific project.
The following terms and conditions are very simple and should not be regarded as exhaustive. Feel free to copy and use as your template. (I accept no responsibility for their use and if in doubt, have the detail checked by a lawyer)
Terms and Conditions
1. The client will be responsible for all payments to Insert your business name here unless otherwise notified in writing prior to commencement.
2. The client shall provide water and electricity at no charge to Insert your business name here
3. The client shall provide access to site during Insert your business name here normal working hours and storage space for materials during the contract progress.
4. Any addition and/or alterations to the schedule shall be properly treated as variations and subject to written instructions.
5. Insert your business name here 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.
6. A) Mobilization payments of (insert as appropriate) plus VAT(delete if appropriate) is payable with order. B) Stage payments of against works completed/materials on site to be made at weekly intervals, Final payment to be made following completion and payable within 7 days of our invoice.
7. Price to remain fixed until the end of (set as appropriate) Acceptance before that date will ensure no increase in the cost of the works specified in the quotation.
8. All, or any special conditions, of which Insert your business name here has been informed are noted in the quotation. 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.
9. 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.
10. If necessary we reserve the right to substitute any plant with another of equal value and growth/habitat/colour.
11. After practical substantial completion we are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost. 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.
12. Severe weather conditions, including drought, may cause the delay of the start date of the contract.
13. Delays caused by other companies on site may cause work to be rescheduled.
14. All materials on site remain the property of Insert your business name here until payment is received in full.
15. Maintenance is not included in the contract unless specified. We reserve the right to change these terms and conditions at any time.
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