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Perfect Plantings- Standard Terms & Conditions of Works 

 These Terms & Conditions of works covers Perfect Plantings Business activities that include Construction, Planting, pruning, any seasonal maintenance, indeed any services that are carried out at the premises of a client and not at the Perfect Plantings Nursery Site. 

 Perfect Plantings or “we” shall be known as the contractor. 

 1. The term client shall mean the customer named on the quotes and invoicing supplied, who will be responsible for all payments to the contractor unless otherwise notified in writing prior to commencement. 

 2. The client is to provide water & electricity at no charge to the contractor. 

 3. The client shall provide access to the site and storage space for materials at all times during the works. 
 
4. Any additions or alterations to the schedule shall be properly treated as variations and subject to new written instruction. 

 5. We are not able to accept responsibility for any damage to (or cost involved) with any underground hazards or obstructions or services not made known to us in writing, verbally or apparent on visual inspection 
 
6. A mobilization/ material deposit fee is payable on acceptance of the quote offered. Mobilisation or material deposit payments are deemed to be full acceptance of the quotation offered along with its specifications/ qtys. This payment is used to purchase materials, Plant stock etc in preparation for the works to commence, this payment is non refundable. The quote offered may include stage payments for the work payable upon completion of certain elements, or split into time periods of work, these invoices for stage payments are payable within 3 days of the invoice date. 

 7. A final payment is to be made following practical, substantial completion and is payable within 5 days of our final invoice, and may otherwise be subject to a credit surcharge of 5% at our discretion. The work is substantially complete when all items described in this contract have been constructed, installed or planted. 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 cause for delay of final payment, but rather be considered warranty items. 
 
8. Quotes / estimates offered to remain fixed until the end of 6 months. Acceptance before that date will ensure no increase in the cost of works specified. Any special conditions to the contrary will be noted in the quotation. 

 9. We are not able to accept responsibility for any 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/habit/colour. 
 
10. We are not able to accept responsibility for any damage caused by the elements following practical, substantial completion, including wind rain, frost, drought or animal damage. 
 
11. All quotes / designs specify the areas to be completed for that price, and include the materials to bring those projects to completion. All materials surplus to the contract will remain the property of the contractor and will be removed from site upon completion. 
 
12. This 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. 
 
13. 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, or deceased 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. 

 14. Should the client cause the work to be suspended for any reason for a period or periods amounting to 30 days or more, we shall be entitled to immediate payment for the work already completed in whole or in part, and for material specially ordered. 

 15. If the contract is suspended under clauses 13, & 14, we may be unable to re-commence work immediately upon payment being made (for example due to our staff being transferred to other projects) if this occurs we will endeavour to re-commence the work as soon as possible, but will not be liable for any expense or inconvenience caused by any reasonable or unavoidable delay. 

 16. Any defects in the work which results from our faulty workmanship or materials, and which are notified in writing to us at our office address, within 3 months of practical completion of the work, will be remedied by us without charge to the client. Any plants that fail in the first 6 months other than due to inadequate care, or irrigation by the client, will be replaced by us without a charge to the client. We will endeavour to supply the same plants and materials as provided initially, but may substitute plants and materials of a similar specification or variety where necessary. 

 17. The above warranty shall not extend to, and we shall not be liable for any defects arising from the clients own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal, or other abuse caused by the client. 

 These Terms and conditions form part of the quotation, and should be read in conjunction with that document.
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