1. General Terms
1.1 These Terms and Conditions govern the provision of fencing and landscaping services (“Services”) provided by Devon Woodman Ltd (“the Company”) to the Client.
1.2 By accepting a quote or entering into a contract with the Company, the Client agrees to these Terms and Conditions.
2. Quotations and Pricing
2.1 All quotations are valid for 30 days from the date of issue unless otherwise stated.
2.2 All prices provided are exclusive of VAT unless otherwise stated. VAT will be charged at the prevailing rate, as set by HM Revenue & Customs (HMRC), and detailed on the invoice.
3. Payment Terms
3.1 A deposit of 30% is required 7 days prior to the commencement of work, with the balance payable upon completion unless otherwise agreed in writing.
3.2 All invoices will include VAT as required by UK law, and the Client is responsible for the full payment of the invoice, including VAT.
3.3 Payment is to be made via bank transfer, cheque or cash within the timeframe specified on the invoice; 7 days.
3.4 Late payments may incur interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, calculated at 8% above the Bank of England base rate.
4. Scope of Work
4.1 The Company will provide services as outlined in the agreed-upon quote or contract.
4.2 Any additional work requested by the Client will be subject to separate charges.
5. Boundary Agreements
5.1 The Client is responsible for ensuring all boundary lines and property limits are clearly marked and accurate before work commences.
5.2 The Client must discuss and agree upon any boundary-related queries or disputes with neighbouring property owners prior to the commencement of work.
5.3 The Company will not mediate boundary disputes or be held liable for any disputes arising from unclear or incorrect boundary information.
5.4 Any additional costs incurred due to boundary disagreements or delays will be the sole responsibility of the Client.
6. Site Access and Preparation
6.1 The Client must ensure clear and safe access to the site for the duration of the project. Delays caused by restricted or unsafe access may incur additional charges.
6.2 The Client is responsible for ensuring that all necessary permissions, such as planning permission or property boundary surveys, are obtained prior to the start of the work.
7.1 No Liability for Underground Services
7.1.1 The Company is not liable for damage to underground services, utilities, or infrastructure (e.g., gas pipes, water mains, electrical cables, or drainage systems) that are not clearly marked or disclosed by the Client prior to the commencement of work.
7.1.2 The Client is advised to obtain a utility survey or contact utility providers to mark underground services before work begins.
7.1.3 Any costs arising from damage to unidentified underground services, including repair costs, will be the sole responsibility of the Client.
7.2 Normal Digging Conditions
7.2.1 The Company’s quotation is based on the assumption of normal digging conditions, which are defined as:
• Standard soil composition that is free from excessive rocks, rubble, concrete, or compacted material.
• Soil that is not heavily waterlogged, contaminated, or hazardous.
• Ground free of hidden obstructions such as old foundations, underground structures, or tree roots.
7.2.2 Should the Company encounter conditions outside of these normal digging conditions, including but not limited to:
• Dense or rocky ground that requires additional effort or specialised equipment.
• Concrete, buried debris, or other obstructions not disclosed at the time of the quotation.
• Excessive tree roots, waterlogged ground, or contamination requiring additional remediation.
The Company will notify the Client immediately. Work will pause while the Client is provided with an updated quotation for additional costs required to address the situation.
7.2.3 The Company will not be held liable for delays caused by unforeseen ground conditions and will work with the Client to determine the most practical solution.
8. Handling of Arisings and Soil
8.1 The Company will remove all arisings created through the process of undertaking the work quoted (e.g., vegetation, waste materials, and debris) from the site unless otherwise agreed in writing.
8.2 Soil excavated during the project will not be removed unless explicitly stated in the quotation or agreed upon in writing.
8.3 Any soil will be spread out evenly across the site or left in a specified location as directed by the Client.
8.4 Additional charges may apply if the Client later requests removal of soil or arisings that were agreed to remain on-site.
9. Materials and Ownership
9.1 All materials provided by the Company remain the property of the Company until full payment, including VAT, is received.
9.2 The Company reserves the right to retrieve materials or equipment if payment is not made in accordance with these Terms and Conditions.
10. Project Timeline
10.1 The Company will make every effort to complete the project within the agreed timeframe. However, delays caused by weather, unforeseen circumstances, or third parties are not the responsibility of the Company.
10.2 The Client will be notified of any significant delays or changes to the project timeline.
11. Warranty
11.1 The Company offers a warranty on materials and workmanship for a period of 12 months from the date of completion, subject to normal wear and tear.
11.2 The warranty does not cover damages caused by improper maintenance, misuse, or external factors such as adverse weather or ground movement.
12. Health and Safety
12.1 The Company will adhere to all applicable health and safety regulations under UK law while providing services.
12.2 The Client must inform the Company of any potential hazards on the site prior to the commencement of work.
13. Cancellations and Refunds
13.1 Cancellations made less than 7 days before the scheduled start date may incur a cancellation fee.
13.2 Deposits are non-refundable unless otherwise agreed in writing.
14. Complaints and Disputes
14.1 Any complaints must be made in writing within 14 days of project completion.
14.2 The Company will make every effort to resolve disputes amicably. If no resolution is reached, disputes may be referred to mediation or arbitration in accordance with UK law.
15. Force Majeure
15.1 The Company is not liable for delays or failure to perform services due to events beyond its reasonable control, including natural disasters, strikes, or other unforeseen circumstances.
16. VAT Compliance
16.1 The Company is VAT-registered in the UK, and VAT will be charged at the prevailing rate as set by HMRC.
16.2 All quotations and invoices will clearly state the applicable VAT amount.
16.3 The Client is responsible for the payment of the full invoice amount, including VAT.
17. Governing Law
17.1 These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the English and Welsh courts.
18. Amendments
18.1 The Company reserves the right to amend these Terms and Conditions at any time. Clients will be notified of any changes in writing.
19. Entire Agreement
19.1 These Terms and Conditions constitute the entire agreement between the Company and the Client and supersede any prior agreements or understandings.
Acceptance of Terms
By engaging the Company’s services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.