Terms & Conditions

Terms and Conditions of Contract:

These Terms and Conditions of Contract listed below; explain the rights and responsibilities of the Client (you) and Fern & Primrose (we or us).

All of these Terms and Conditions of Contract apply to the supply of any goods as well as the supply of any Services by Fern & primrose unless we specify otherwise.

Words imparting the singular word of Service shall include the plural and vice-versa.

Services:

Fern & Primrose supply Services for Ecological Horticulture, Conservation, Wildflower Meadows, Wildlife Ponds & Beekeeping herein called ‘Service’, which may include the provision of groundworks labour, horticultural labour, beekeeping labour, materials, plants, plant, machinery and any other works related Services.

We are here to guide you through and manage any stage of your landscaping, horticultural or beekeeping projects: from design and planning, through to groundworks, planting and landscape finishing, and finally on to completion.

We are happy to provide free advice at any stage of your project.

We warrant that we will use reasonable care and skill in our provision of the Services which will comply with the quotation for the Services we provide, including any specification in all material respects.

We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary as and when required.

We carry out works throughout Devon & Cornwall and we cover jobs of any scale, encompassing commercial, private and public spaces, please contact us with your requirements to find out if we can take on your project.

Examples of our work can be seen here within our website.

Fern & Primrose will always present a helpful attitude at all times and we will always attempt to bring your horticultural and landscaping projects to a satisfactory completion as soon as practicably possible whilst taking into account weather conditions, site conditions, materials availability, plant availability, plant quality and establishment and unforeseen circumstances etc.

Application and Agreement:

These Terms and Conditions apply to the provision of our Services detailed in our Quotation of Services (we or us), to the person buying our Services (you).

You are deemed to have accepted these Terms and Conditions when you accept our Quotation of Services or from the date of any provision of the Services (whichever is the earlier) and these Terms and Conditions and our quotation of Services (the Contract between us) are the entire agreement between us.

These Conditions apply to the Contract of Service to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Words imparting the singular word of Service shall include the plural and vice-versa.

Communications:

We prefer and use email communication at all times.

A quotation or invoice will be delivered by hand or email, as we have agreed in advance.

Quotations:

Fern & Primrose will provide our client with a written quotation wherever required, which will include enough detail for the duration and completion of the works as agreed between us.

If any clarification of quotation is required, please contact us by email so that we can provide it.

A quotation for works by Fern & Primrose is an agreement by the client to have work undertaken based on our written quotation submitted directly to the client by us on an official Fern & Primrose letterhead and it is a clear and straightforward undertaking of work between the two parties to form a binding contract.

Once our quotation has been accepted (via email) and work has started or materials are ordered for your work, then a contract has been entered into and these binding terms of contract will come into effect.

Depending on the size or duration of the work, some work may require an advance deposit and staged payments of which we will agree prior to any work commencement.

We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 7 days from the date of the quotation, (unless the quotation has been withdrawn).

Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

If you want to amend any details of the Services we are providing, you must tell us as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

If, due to circumstances beyond our control, we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Our quotations are produced with enough detail to avoid any misunderstandings. If something is missing that you would like to be included, please let us know and we will revise the quotation to suit.

Any additional works found necessary onsite before work commencement are to be agreed with the client and a separate revised quotation or variation to the contract and cost of contract can be provided. All variations will be itemised within your invoice separately.

Last minute variations required onsite during the works can be cost agreed on the day and added to your invoice as agreed or required.

Quotations are valid for 28 days from the date upon any emailed or printed quotation.

All quotation costings, prices and values are calculated on the basis of free access to the work site with unimpeded working during our usual working hours which are 9am – 5pm Monday – Saturday, unless we have agreed otherwise.

We will pre-arrange site working hours and approximate dates at the point of the quotation being accepted.

We will have prior agreement in place with regards to working methods and any sitework arrangements with the client in order to provide minimum disruption to the client and allow any work to be carried out efficiently and as agreed in advance of any work commencement.

Free unhindered access is required for the safe delivery of our plant, machinery, plants & wildflower turf, vehicles, project materials, skips, site containers etc.

Any green waste materials will be disposed of as quoted for.

For projects of durations extending more than a month and on sites of more than an acre we would expect to be assigned a secure area, with access to water and power, to leave plant, materials, trailers, temporary horticultural structures and horticultural supplies for extended periods over the projects duration.

Fern and Primrose may directly employ or sub-contract onsite groundworker operatives or plant and machinery operators on site as required. Some projects will include you using your own groundworker operatives and or plant and machinery, whilst the quality and layout of this work will be supervised by Fern and Primrose all of these works are undertaken at your own risk and expense, the same applies for a client acting in this role.

With respect to planting schemes undertaken by Fern and Primrose any repair or making good of damage during the project by your own groundworker or selves shall be an additional workscope at your cost, this shall also be the case for extreme environmental conditions such as drought, fire, flooding and also damage by any creatures whether domestic or wild where reasonable care has not been taken by the client when Fern and Primrose are not on site.

Fern and Primrose will oversee all works to job completion and we take full general and operational responsibility in the running of any work contract agreed with the client.

It should be noted that prior to Quotations a Site Survey and Estimate will be produced, this will be between £220 and £440 dependent on 1 or 2 days to undertake the survey and produce the estimate.

All design and formal quote work shall be at the rate of £220 per day, an approximate number of days shall be given to you upon request at the point of agreement to continue on from the initial estimate.

Quotations – Exclusions:

We do NOT ordinarily include nor supply the following Services unless by prior arrangement and in agreement of the additional cost:

* Provision of temporary signage, barriers, road plates, swamp mats or mud mats.

* Provision of site security fencing.

* Testing and commissioning of new services.

* Any on-site investigation work or trial holes.

* Health, welfare and secure storage.

* Temporary access roads and hard-standings.

* All traffic management.

* Temporary power and water.

* Site perimeter security fencing is the responsibility of the client unless by prior arrangement.

* We would expect site security if deemed necessary from plant, equipment and materials left on site.

EXCLUDED from any quotation are Abnormal Ground Conditions not indicated to us and that we were not aware of before commencement of any works: This will be a chargeable extra and by agreement on-site on an ‘as and when’ required basis.

EXCLUDED from any quotation are works to Repair Ground Damage due to environmental conditions and the operation of plant, equipment and heavy machinery over any period of use within the project. This will be a chargeable extra and by agreement on-site on an ‘as and when’ required basis.

The quotation is based on the information provided to us for ALL utility services either underground or above ground, we expect the client to provide all service drawings and all services correctly and precisely located prior to any project work, excavation or groundworks taking place. Any and all costs associated with damage to underground services are the responsibility of the client.

Deposits – Payments – Invoicing:

Deposits in any respect, agreed in advance of work commencement, must be paid as previously agreed or work will not commence.

Any payments must be made within 7 days of invoicing, or work progress will be stopped until resolved, if this is at the completion of a project or day rate workscope then legal action will be taken following this period.

Payments will be accepted via bank transfer to the account as detailed on our invoice.

Invoices will be sent out in a timely fashion and any invoice we provide will also serve as your receipt for payment of our work.

We will invoice you for payment either:

* as 75% as the down payment before works have started - please note, this should be paid a reasonable amount of time before the project is expected to start to ensure the availability for ordering of plant, materials and horticultural supplies.

* as 25% upon completion of the Services as quoted for.

* or on the invoice due date set out in the quotation.

* or for day rate workscopes following those dates being completed.

Any materials we supply to your site remain the property of Fern and Primrose until paid in full to our complete satisfaction.

You must pay any Fees due in accordance with any terms agreed between us.

All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

If you do not pay within the period set out above, we can suspend any further provision of our Services and cancel any future Services which have been ordered by, or otherwise arranged with you.

Publication & Confidentiality

Fern and Primrose shall not, without written consent of the client, publish alone or with any other person, any photographs relating to the client’s project or work site.

Notwithstanding the foregoing, Fern and Primrose reserves the right to use illustrations and photographs of the project and or our plant and machinery whilst on-site, in our website work portfolio, for marketing purposes, prospective client informational purposes, including the use of photographs on our Social Media. We respectfully reserve all copyright for our own use.

We are always protective of your identity and we will never compromise nor divulge your personal or business information in any respect by photography or otherwise without your explicit and prior permission.

We fully respect your confidentiality.

Please let us know in advance before the start of your work if you are not happy with our on-site photography procedure.

Neither party shall disclose to any other person any private or confidential information in relation to the clients project, unless so authorised by the other party, and unless such private or confidential information is disclosed in the proper course of his duties, as permitted by or required by law or to his professional advisors.

Sub-Contractors:

If we require to use a sub-contractor all sub-contractors are deemed to be appropriately qualified for the assigned work, with certification where necessary, and covered by the appropriate level of Liability Insurance.

We, acting as the main contractor, will not be held liable for any losses incurred by sub-contractors.

Risks:

Fern and Primrose shall be responsible for equipment, materials and labour supplied by us during the course of work, but shall not be liable to replace materials or equipment already installed or re-do work already carried out by us which may have been destroyed, damaged or stolen in circumstances where we are not at fault.

Retentions:

Any quoted costs are based on the understanding that no retentions are held unless previously arranged with us.

Public Liability Insurance:

Fern and Primrose have current Public Liability Insurance in place for all works carried out by us.

Your Obligations:

We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your Obligations).

You must obtain any dig permits, prior permissions, consents, licences or otherwise that we need and you must give us access to any and all relevant information, and any other matters which we need in advance to provide the Services.

It is the client’s responsibility to arrange any and all planning permissions, building control requirements and any environmental or historical permissions required; changes or modifications to utilities and services overground and underground as required, and the client is liable for any and all costs incurred for utilities services.

If planning permission, utility services modifications, environmental or historical permissions are required for the work, Fern and Primrose may request to see written proof that this has been arranged prior to us beginning any work.

If you do not comply with the above clause, we can terminate the Services.

Fern and Primrose shall not be held liable for any works undertaken at the client’s instruction if that work requires prior building control approvals, prior planning approvals or any other prior consents, which the client does not hold in advance of any works commencement.

It is the sole responsibility of the client to apply for and pay all appropriate fees, for any such consent prior to the commencement of any related works.

It is not possible to provide refunds for any plant, equipment, horticultural supplies, green waste fees and removal, days worked (including those planning and managing the project), or days assigned to the project, after the quotation has been accepted and first payment made.

Underground Services Hazards:

It is the sole responsibility of the client to clearly indicate to us the exact and precise locations of all and any underground services, this includes redundant services and neighbouring services prior to any work’s commencement.

It is the sole responsibility of the client to clearly indicate the location of any services prior to any work’s commencement with surface spray marker, flags or other clearly visible indicator of underground service.

No liability of damage to services will be accepted by nor damages paid by Fern and Primrose.

Liability and Indemnity:

Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause:

The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

Fern and Primrose are not liable (whether caused directly by us, our sub-contractors, or otherwise) in connection with our provision of our Services or the performance of any of our other obligations under these Terms and Conditions or the Quotation of Services for: any indirect, special or consequential loss, damage, costs, or expenses or; any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or any losses arising directly or indirectly from your choice of our Services and how they may meet with your requirements or your use of our Services or any goods supplied in connection with our Services.

The commencement of any work is under the assumption of our uninterrupted work for the duration of the contract and in full accordance with planning permissions, services permissions and any other groundworks or sitework permissions where applicable.

Fern and Primrose will not be held liable for any costs incurred as a result of our delays due to unforeseen circumstances, onsite delays, materials and horticultural supply delivery delays, client subcontractor delays or client delays resulting in work having to stopped or re-scheduled.

You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any plant or equipment (including that belonging to third parties) caused by you or your agents, subcontractors or employees or failure to take due care of as detailed above.

A Standing Time charge may be invoked in the event of excessive delays outside of our control.

We can terminate the provision of our Services immediately if you:

* commit a material breach of your obligations under these Terms and Conditions; or

* fail to make payment of any amount due under the Contract on the due date for payment; or

* are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

* convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection:

Any client information is retained in accordance with the Data Protection Act 2018 and all personal client details will always remain confidential.

Disputes and Complaints:

We try our best to avoid any dispute, so we deal with disputes or complaints as follows: If a dispute occurs, please contact us in the first instance for a resolution.

Law and Jurisdiction:

These Terms and Conditions are governed by and interpreted according to UK law.

All disputes arising under these Terms and Conditions are subject to the jurisdiction of UK Courts.

Amendments:

Client Terms & Conditions of Contract Updates:

We may update our Client Terms & Conditions of Contract as and when required by publishing a new version on our website.

We will direct you to this Client Terms & Conditions of Contract page if you are placing business with us for the first time and also as a returning customer.

You should check this page before you place or refresh your custom with us to ensure that you are compliant with our Client Terms & Conditions of Contract.

The current version is published on this page.

If you have any questions about our Client Terms & Conditions of Contract; please contact us.

Our Client Terms & Conditions of Contract was last updated on: 1st January 2023.

Our Business Contact Details:

You can contact us via the contact details upon this website, alina@fernandprimrose.co.uk