GENERAL TERMS & CONDITIONS FOR FENCING & LANDSCAPING SERVICES
These Terms and Conditions apply to fencing, landscaping, groundworks and associated services undertaken by Devon Woodman Ltd (“the Company”, “we”, “us”) for the person or organisation instructing the work (“the Client”). By accepting our quotation or instructing us to proceed, the Client agrees to these Terms and Conditions.
1. QUOTATIONS & ACCEPTANCE
1.1 Quotations are valid for 30 days unless otherwise stated and are based on the information and site conditions reasonably apparent when the quotation is prepared.
1.2 Unless expressly stated otherwise, quotations assume reasonable access, normal ground conditions and no hidden obstruction, contamination, service, structural defect or other unforeseen condition.
1.3 Acceptance by email, electronic acceptance, message or other written confirmation constitutes acceptance of the quotation and these Terms and Conditions.
1.4 All prices are exclusive of VAT unless expressly stated otherwise. VAT will be added at the applicable rate.
1.5 A quotation covers only the work expressly described. Drawings, sketches, measurements and quantities used for estimating are approximate unless expressly stated otherwise.
2. DEPOSITS, STAGED PAYMENTS & PAYMENT
2.1 Devon Woodman Ltd may require a deposit, advance material payment or staged payments, as stated in the quotation.
2.2 Deposits and advance payments will be applied towards the contract price and do not affect any statutory cancellation rights available to a consumer.
2.3 Unless otherwise stated, invoices are payable within 7 days of invoice date.
2.4 We may suspend further work where an invoice or agreed stage payment is overdue, subject to applicable law. Reasonable costs caused by a Client’s payment default may be recoverable where permitted.
2.5 For commercial Clients, statutory interest and recovery charges may apply to overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998.
3. SCOPE OF WORK & ADDITIONAL WORK
3.1 The agreed work is the work described in the accepted quotation and any subsequently agreed written variation.
3.2 Any work, alteration, service or task requested by the Client or their authorised representative that is outside the accepted quotation will be treated as additional work.
3.3 Unless a different rate is expressly agreed in writing, additional or chargeable labour under these Terms will be charged at £45.00 per person, per hour, plus VAT.
3.4 Additional work will be charged at £45.00 per person, per hour, plus VAT, together with additional materials, machinery, plant hire, waste disposal, delivery, collection, travel, specialist services and other reasonable costs required.
3.5 Where reasonably practicable, we will tell the Client that requested work is outside the quotation before undertaking it. Additional work requested or authorised on site may be agreed verbally and does not require a separate written quotation to become chargeable.
3.6 The Client is responsible for ensuring that any person giving instructions on their behalf is authorised to do so.
4. CLIENT-REQUESTED CHANGES, OMISSIONS & REWORK
4.1 If the Client asks for quoted work to be stopped, altered, omitted, dismantled, replaced or completed differently, any additional time reasonably resulting from that instruction is chargeable at £45.00 per person, per hour, plus VAT.
4.2 The Client will also be responsible for reasonable additional materials, disposal, machinery, plant, delivery, collection, supplier and other costs caused by the change.
4.3 A reduction or alteration to the scope does not automatically produce a corresponding reduction in the quoted price where labour, materials, plant, supplier orders or other resources have already been committed.
4.4 Where completed or partly completed work has to be removed, altered or redone because the Client changes their instruction or specification, the labour involved is chargeable at £45.00 per person, per hour, plus VAT, together with associated costs.
4.5 Changes required solely because Devon Woodman Ltd has failed to carry out the agreed work with reasonable care and skill will not be charged under this clause.
5. SPECIALIST, BESPOKE & SPECIFICALLY SOURCED MATERIALS
5.1 Following acceptance of the quotation, Devon Woodman Ltd may order materials required for the project, including specialist, bespoke, made-to-order, non-standard, specially finished or specifically sourced materials.
5.2 If the Client subsequently cancels, postpones, stops, reduces or changes the relevant work, the Client remains responsible, subject to applicable consumer law, for reasonable costs already incurred that cannot reasonably be recovered.
5.3 These costs may include non-returnable materials, supplier cancellation or restocking charges, delivery, collection and other directly associated supplier costs.
5.4 Where materials must be sourced, purchased, cancelled, returned, exchanged, re-ordered or collected because of a Client-requested change outside the accepted quotation, all reasonable Devon Woodman Ltd time involved will be charged at £45.00 per person, per hour, plus VAT.
5.5 Chargeable time may include sourcing and purchasing, supplier visits or calls, loading and unloading, collection and return journeys, arranging refunds or credits, amending orders and reasonable administrative time directly associated with the Client’s requested change.
5.6 Where reasonably practicable, we will take reasonable steps to minimise avoidable costs. Supplier refunds or credits actually received in respect of returned materials will be taken into account when calculating the amount due.
6. MATERIALS, NATURAL PRODUCTS & AVAILABILITY
6.1 Materials will be of the type or reasonable equivalent described in the quotation, subject to availability and any agreed specification.
6.2 Timber, stone and other natural materials vary in colour, grain, texture, knots, dimensions and appearance. Such natural variation is not a defect.
6.3 Timber naturally expands, contracts, checks, splits, twists, cups, fades and weathers with changes in moisture and climate. Reasonable natural movement or surface checking is not, by itself, defective workmanship.
6.4 Product appearance may differ from samples, photographs or previous batches.
6.5 If a specified product becomes unavailable or materially delayed, we will discuss reasonable alternatives with the Client. Any material difference in cost will be agreed where reasonably practicable before substitution.
7. MATERIAL PRICE CHANGES
7.1 Quotations are based on supplier prices reasonably available when prepared.
7.2 Where there is an exceptional and unforeseeable increase in the cost of materials, haulage or specialist services before those items have been purchased, we will notify the Client and seek agreement to any necessary price adjustment before incurring the increased cost.
7.3 This clause does not permit Devon Woodman Ltd to increase a fixed quoted price merely because the work proves less profitable than anticipated.
8. OWNERSHIP OF MATERIALS
8.1 Materials supplied for the project remain the property of Devon Woodman Ltd until the Client has paid all sums due in respect of those materials, to the extent permitted by law.
8.2 Risk in installed materials passes as provided by applicable law and the nature of the installation. Nothing in this clause permits Devon Woodman Ltd to enter property or remove incorporated materials unlawfully.
9. BOUNDARIES, OWNERSHIP & NEIGHBOURS
9.1 The Client is responsible for identifying the correct legal boundary and confirming that they have authority to instruct work at the proposed location.
9.2 Unless expressly included, Devon Woodman Ltd does not determine legal boundaries and dimensions shown on plans or existing fence lines will not be treated as proof of title.
9.3 The Client must obtain any neighbour, landlord, freeholder or third-party consent required for access or work unless we expressly agree to obtain it.
9.4 Boundary or ownership disputes may result in work being suspended and the stoppage provisions in these Terms may apply.
10. PLANNING, LISTED BUILDINGS & OTHER CONSENTS
10.1 The Client must inform us of any known planning conditions, listed-building restrictions, covenants, easements or other controls affecting the work.
10.2 Unless the quotation expressly states that Devon Woodman Ltd will obtain a particular consent as the Client’s agent, responsibility for obtaining necessary permission remains with the Client.
10.3 Where work is stopped or altered by a planning officer, tree officer, local authority or other authorised person because a required Client responsibility has not been satisfied or because of information not disclosed to us, the stoppage and additional-cost clauses may apply.
10.4 Nothing in these Terms requires Devon Woodman Ltd to carry out work that we reasonably believe would be unlawful.
11. SITE ACCESS, MACHINERY & PROTECTION
11.1 The Client must provide safe and reasonable access for personnel, vehicles, deliveries, machinery and equipment.
11.2 The Client must disclose weak driveways, restricted access, septic tanks, underground structures, drainage, weight restrictions and other relevant vulnerabilities.
11.3 Landscaping and fencing may require machinery, loaded wheelbarrows, tracked equipment and movement of materials. Reasonable temporary wear, indentation, compaction or disturbance may occur despite reasonable care.
11.4 Additional protection or alternative access methods requested by the Client may be chargeable.
11.5 Additional labour caused by undisclosed or materially different access conditions may be charged at £45.00 per person, per hour, plus VAT, together with other reasonable costs.
12. UNDERGROUND & OVERHEAD SERVICES
12.1 The Client must disclose all known underground and overhead services, including electricity, gas, water, drainage, telecommunications, irrigation, private cables, septic systems and similar infrastructure.
12.2 We will take reasonable precautions where services are known or reasonably identifiable.
12.3 We will not be responsible for damage to a hidden or incorrectly located service that could not reasonably have been identified before work commenced, except to the extent caused by our negligence.
12.4 If unidentified services require work to stop, be redesigned or carried out by a specialist, reasonable additional labour may be charged at £45.00 per person, per hour, plus VAT, together with specialist and other reasonable costs.
13. GROUND CONDITIONS, EXCAVATION & OBSTRUCTIONS
13.1 Quotations assume normal ground conditions unless otherwise stated.
13.2 Rock, reinforced concrete, buried foundations, large roots, contaminated material, excessive groundwater, made ground, buried waste, unusually hard ground or other concealed obstruction may require additional labour, machinery, materials or specialist services.
13.3 Where such conditions could not reasonably have been identified when quoting, we will notify the Client and agree how to proceed where reasonably practicable.
13.4 Additional labour caused by unforeseen ground conditions is chargeable at £45.00 per person, per hour, plus VAT, together with additional plant, disposal, materials and specialist costs.
14. EXCAVATED MATERIAL, WASTE & DISPOSAL
14.1 Removal of spoil, soil, rubble, vegetation or other waste is included only where stated in the quotation.
14.2 Unexpected quantities or classifications of waste, contaminated material or disposal requiring specialist facilities may incur additional charges.
14.3 Where the Client asks us to remove additional material not included in the quotation, labour is chargeable at £45.00 per person, per hour, plus VAT, together with disposal, haulage and other costs.
14.4 Materials removed from site will be handled and disposed of in accordance with applicable waste requirements.
15. EXISTING STRUCTURES, SURFACES & HIDDEN DEFECTS
15.1 Existing walls, paving, fencing, drainage, foundations, retaining structures and other features may contain hidden defects or inadequate construction that are not apparent before work begins.
15.2 We are not responsible for pre-existing defects or failure of an existing structure that could not reasonably have been identified, except to the extent our negligence causes or contributes to damage.
15.3 If unexpected defects require additional work to make the project safe or suitable, that work will be discussed with the Client and, if authorised, charged under the additional-work provisions.
16. LEVELS, DRAINAGE & STANDING WATER
16.1 Unless expressly included, a landscaping quotation does not constitute a drainage design, flood assessment or guarantee that standing water will never occur.
16.2 Existing ground levels, neighbouring land, soil permeability, groundwater, existing drainage and extreme rainfall can affect surface water after completion.
16.3 Where drainage works are included, they will be carried out to the specification described in the quotation using reasonable care and skill.
16.4 Additional drainage requested or found necessary outside the quoted scope will be treated as additional work.
17. TOLERANCES & FINISHED APPEARANCE
17.1 Landscaping and fencing are site-built works and reasonable construction tolerances apply.
17.2 Minor variations in line, level, joint width, cuts and natural materials are not defects where the completed work remains consistent with normal competent workmanship and the agreed specification.
17.3 New work adjoining old or irregular structures may require practical adjustment to achieve a suitable finished result.
18. OTHER TRADES & THIRD PARTIES
18.1 The Client must coordinate other contractors unless project management by Devon Woodman Ltd is expressly included.
18.2 We are not responsible for delay, damage or additional work caused by another contractor or third party outside our reasonable control.
18.3 Additional labour caused by other trades obstructing, altering or damaging our work may be charged at £45.00 per person, per hour, plus VAT, together with reasonable associated costs.
19. WORK STOPPAGE, DELAYS & ABORTED WORK
19.1 Where work is delayed, interrupted, suspended or stopped after Devon Woodman Ltd has attended site or commenced work due to circumstances outside our reasonable control, reasonable labour or waiting time incurred as a result will be charged at £45.00 per person, per hour, plus VAT.
19.2 This includes, but is not limited to, an instruction or request from the Client or property owner; Client changes or withdrawal of permission; obstruction or intervention by a neighbour, member of the public or other third party; intervention by a Planning Officer, Tree Officer, local authority or other authorised person; failure to obtain a permission or agreement for which the Client was responsible; boundary, ownership or access disputes; vehicles, property, animals or persons preventing safe work; another contractor preventing progress; or previously undisclosed restrictions or hazards.
19.3 The Client will also be responsible for reasonable additional costs directly incurred because of the stoppage, including machinery, hired plant, deliveries, collections, supplier costs, waste arrangements, traffic management, permits and other committed or non-recoverable costs.
19.4 Where personnel are reasonably required to remain on site while an issue is resolved, waiting time is chargeable at £45.00 per person, per hour, plus VAT.
19.5 Where we must leave and return, additional labour involved in demobilising, remobilising and completing the affected work is chargeable at £45.00 per person, per hour, plus VAT, together with reasonable additional travel, machinery, plant, delivery and collection costs.
19.6 Where the cause is resolved, we will use reasonable endeavours to recommence and complete the work when safe and practicable.
19.7 No charge will be made under this clause to the extent the stoppage or delay was caused by Devon Woodman Ltd’s negligence or breach of contract.
20. WEATHER & PROGRAMME DELAYS
20.1 Landscaping and fencing are weather-dependent. Heavy rain, high winds, frozen or saturated ground, extreme temperatures and other conditions may make work unsafe or risk damage to the site or finished work.
20.2 We may reasonably postpone or suspend work because of unsuitable weather, ground conditions, supplier delay, equipment failure, illness or other circumstances outside our reasonable control.
20.3 We will use reasonable endeavours to reschedule and progress the project. Estimated start and completion dates are not guaranteed unless expressly agreed as fixed contractual dates.
20.4 We are not responsible for consequential loss arising solely from a reasonable delay outside our control, subject to applicable law.
21. CLIENT PROPERTY & SITE PREPARATION
21.1 The Client must remove or identify movable property, ornaments, furniture, play equipment and other items that may obstruct the work.
21.2 Time spent moving Client items or undertaking site preparation not included in the quotation may be charged at £45.00 per person, per hour, plus VAT.
21.3 The Client must provide reasonable access to water and electricity where these are reasonably required and agreed for the works.
22. PLANTS, TURF & LIVING MATERIALS
22.1 Plants, turf, seed and other living materials require appropriate aftercare by the Client after installation unless a maintenance service is expressly included.
22.2 We cannot guarantee survival where failure results from inadequate watering or maintenance, pests, disease, animals, extreme weather, waterlogging, drought or other matters outside our reasonable control.
22.3 Any specific plant or turf warranty stated in the quotation is subject to the stated aftercare requirements.
23. COMPLETION, SNAGGING & DEFECTS
23.1 On completion, the work area will be left reasonably clean and tidy having regard to the nature of the work.
23.2 The Client should notify us of any alleged defect or incomplete quoted item as soon as reasonably practicable and give us a reasonable opportunity to inspect and, where appropriate, rectify it.
23.3 The Client should not arrange third-party remedial work at our cost without first giving Devon Woodman Ltd a reasonable opportunity to inspect and rectify, except where urgent action is reasonably necessary.
23.4 Minor seasonal or natural movement of materials is not necessarily defective workmanship.
24. WORKMANSHIP WARRANTY
24.1 Unless a different period is stated in the quotation, Devon Woodman Ltd warrants its workmanship for 12 months from practical completion.
24.2 The warranty covers defects caused by our failure to exercise reasonable care and skill. It does not cover normal wear, natural timber or stone movement, accidental damage, misuse, lack of maintenance, alterations by others, ground movement, extreme weather, plant failure outside an applicable plant warranty, or defects in Client-supplied materials.
24.3 Manufacturer warranties for products and materials are subject to the relevant manufacturer’s terms.
25. CLIENT-SUPPLIED MATERIALS
25.1 Where the Client supplies materials, the Client is responsible for their suitability, quantity, quality and timely availability unless we expressly agree otherwise.
25.2 Additional labour caused by missing, defective, unsuitable or incorrect Client-supplied materials may be charged at £45.00 per person, per hour, plus VAT.
25.3 We are not responsible for defects inherent in Client-supplied products, but we remain responsible for exercising reasonable care and skill when installing them.
26. CANCELLATION & CONSUMER RIGHTS
26.1 Nothing in these Terms affects the Client’s statutory rights.
26.2 Consumers entering qualifying distance or off-premises contracts may have a statutory 14-day cancellation period under applicable consumer legislation.
26.3 Where a consumer asks us to start during an applicable cancellation period, we may require an express request and acknowledgement before commencing.
26.4 If the consumer cancels after requesting commencement during the cancellation period, they may be required to pay a proportionate amount for services properly supplied up to cancellation, where permitted by law.
26.5 Where specialist or bespoke goods are involved, cancellation rights may differ depending on the circumstances and applicable law.
26.6 Outside any applicable statutory cancellation right, cancellation may result in the Client being responsible for reasonable losses and costs actually incurred, including committed labour, non-returnable or specialist materials, supplier charges and other non-recoverable costs, subject to applicable law.
27. HEALTH & SAFETY
27.1 Devon Woodman Ltd will undertake work in accordance with applicable health and safety requirements.
27.2 The Client, occupants, children, pets and visitors must comply with reasonable site-safety instructions and remain clear of work areas, machinery and excavations.
27.3 We may stop work where the site becomes unsafe. Where the unsafe condition is caused by the Client or a third party outside our control, clause 19 may apply.
28. LIABILITY
28.1 Devon Woodman Ltd will exercise reasonable care and skill in providing the services.
28.2 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence.
28.3 Subject to applicable law, we are not responsible for losses caused by inaccurate, incomplete or withheld Client information, pre-existing defects, hidden conditions or circumstances outside our reasonable control, except to the extent caused by our negligence or breach.
28.4 The Client must tell us about particularly vulnerable structures, surfaces, services or property requiring special precautions before work commences.
29. INSURANCE
29.1 Devon Woodman Ltd maintains appropriate Public Liability and Employer’s Liability insurance for its operations.
29.2 Evidence of current insurance cover can be supplied upon reasonable request.
30. COMPLAINTS & DISPUTES
30.1 Concerns should be raised as soon as reasonably practicable so that we have an opportunity to investigate and, where appropriate, rectify the matter.
30.2 Complaints should preferably be made in writing with sufficient detail for investigation.
30.3 Nothing in this clause limits the Client’s statutory rights.
31. FORCE MAJEURE
31.1 We will not be liable for delay or failure to perform caused by circumstances beyond our reasonable control, including severe weather, natural events, road closures, utility incidents, government restrictions, widespread supply disruption or other exceptional events, subject to applicable law.
32. GOVERNING LAW
32.1 These Terms and any contract between Devon Woodman Ltd and the Client are governed by the laws of England and Wales.
32.2 Nothing in these Terms affects mandatory consumer rights regarding where proceedings may be brought.
33. ENTIRE AGREEMENT & ACCEPTANCE
33.1 The accepted quotation together with these Terms and any agreed variations forms the agreement between Devon Woodman Ltd and the Client.
33.2 Variations may be confirmed in writing, electronically or, for additional work requested while work is underway, verbally with the Client or their authorised representative.
33.3 By accepting a quotation or instructing Devon Woodman Ltd to commence work, the Client confirms acceptance of these Terms and Conditions.