Terms & Conditions

Landscaping

  1. All work undertaken will be discussed and agreed prior to the start date. The arrangements between the client and Arthur & Simon Landscapes may be reflected in the drawing or a project, constituting schedule to the quotation. All work will be completed from the original design by Arthur & Simon Landscapes unless otherwise agreed.
  2. The price for work will be presented in a quotation. The price for work includes all materials and labour.
  3. The quotation will be valid for six weeks.
  4. The client shall provide water and electricity, if needed for the purposes of carrying out the work specified in the quotation, at no charge to Arthur & Simon Landscapes.
  5. The client shall provide access to site during Arthur & Simon Landscapes normal working hours, and during the works progress. If possible the client will provide also a storage space for materials.
  6. Any addition and/or alterations to the schedule and/or the drawing or a project shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes.
  7. Arthur & Simon Landscapes 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. The foregoing does not apply to damages which should have been reasonably foreseen by Arthur & Simon Landscapes with its expertise, i.e. where damage arose because of negligence or failure to use reasonable care and skill.
  8. The client will be responsible for all payments to Arthur & Simon Landscapes, unless otherwise notified in writing prior to commencement.
  9. Stage payments against works completed/materials on site to be made at weekly intervals. Final payment to be made following satisfactory completion and payable within 7 days of our invoice unless otherwise agreed.
  10. All our workmanship is covered by 5 years warranty. The foregoing does not affect the consumer’s legal rights in relation to faulty or misdescribed goods or services.
  11. The Client shall inform Arthur & Simon Landscapes about any special/statutory Bylaws/Conditions/Permissions that may be involved and remains responsible for failure to do so. Arthur & Simon Landscapes is not liable for non- compliance with the obligations resulting from the documents mentioned hereinabove unless non-compliance is caused by Arthur & Simon Landscapes negligence or failure to act with reasonable care and skill.
  12. All or any special conditions, of which Arthur & Simon Landscapes have been informed, are noted in the quotation.
  13. Arthur & Simon Landscapes accepts no responsibility for works that have been carried out on land that is not under the ownership of the client if, with reasonable care, Arthur & Simon Landscapes was not aware and could not have been reasonably aware before the commencement of the works that the land is not under the ownership of the client. It is assumed that all planning laws or regulations have been applied before commencement of any works.
  14. Arthur & Simon Landscapes is not able to accept responsibility for the well being and maintenance of living plant material, including turf, upon satisfactory completion of the quotation unless a maintenance contract remains in existence. The foregoing does not apply to situations where responsibility arises out of negligence in carrying out the work or supply of the plants which were not of a satisfactory quality or fit for the purpose. If necessary, upon prior consent of the Client, Arthur & Simon Landscapes reserves the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification. In regards to any landscaping work that involves digging - such as patios, artificial grass, drives or any other digging, nearby to trees, shrubs, flowers, plants etc we cannot be held responsible if roots are in the way and need to be cut to complete the work.
  15. Upon satisfactory completion of the quotation 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. Great care is taken to remove all weeds/roots from the site when being prepared. Arthur & Simon Landscapes cannot accept responsibility for subsequent weed growth on completion of the project.
  16. We are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any material(s) including plants.
  17. Severe weather conditions, including drought, may cause the delay of the start date of the quotation. This will not affect the original, agreed price.
  18. If, during the quotation term, works on site will be delayed due to other companies, employed by the client, Arthur & Simon Landscapes reserves the right to reschedule the works and to seek from the client recovery of reasonable costs incurred as a direct result of delays caused by such other companies.
  19. All materials on site remain the property of Arthur & Simon Landscapes until payment is received in full. Materials surplus to the quotation not covered by and not intended to be used in the performance of the quotation, delivered with the materials necessary to perform the works specified in the quotation will remain the property of the contractor and will be removed from site upon completion.
  20. Maintenance is not included in the quotation unless specified.
  21. Cancellation of work not received within 7 working days of scheduled start of work will be subject to a charge of 15% of the quoted price.
  22. The quotation constitutes the entire agreement between the parties with respect to the work and replaces and nullifies all prior written and oral agreements, negotiations, letters of intent or offers in that respect. The client shall ensure that anything discussed or agreed verbally with the Arthur & Simon Landscapes prior to the commencement of work is contained in the quotation and the drawing or a project (if prepared).
  23. The drawings and/or projects provided by Arthur & Simons Ltd. the client and all intellectual property rights associated therewith shall remain the sole property of Arthur & Simons Ltd. The drawings and/or projects may be used solely for the completion of works by Arthur & Simons Ltd. The client shall not make any other use of the drawings and/or projects, especially for the completion of works by other contractor than Arthur & Simons Ltd. Title to copies and intellectual property rights associated with the drawings and/or projects may be transferred to the client upon payment agreed in a mutual agreement of Arthur & Simons Ltd. and the client.
  24. If you accept the proposal we reserve the right to use photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information.
  25. Arthur & Simon Landscapes are registered with SEPA as waste carriers under the control of pollution act 1989. Our registration number is WCR/R/1110938.
  26. Arthur & Simons Landscapes are registered as Arthur & Simon Ltd., Reg. No.: SC382078, VAT No.: 996835935
  27. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.
  28. Consumer complaints: If you have a complaint against us for any work carried out or goods supplied, then put this in writing to us at our main address as soon as possible. We will aim to resolve the matter quickly. As a member of the Fife Council Trusted Trader scheme we are bound by their consumer dispute resolution process, and if we are unable to reach agreement then Trading Standards will provide an informal conciliation service, you can contact them on 01592 583141 or at trusted.trader@fife.gov.uk. Should this process fail to conclude the matter, then a referral can be made to Ombudsman Services, www.ombudsman-services.org who provide an independent, expert dispute resolution service to the Fife Council Trusted Trader scheme. We will abide by their decision.

Gardening

  1. All work undertaken will be discussed and agreed prior to the start date and all work will be completed by Arthur & Simon Landscapes unless otherwise agreed.
  2. The price for work will be presented in a quotation. The price for work includes all materials and labour.
  3. The quotation will be valid for six weeks.
  4. The client shall provide water and electricity, if needed for the purposes of carrying out the work in the quotation, at no charge to Arthur & Simon Landscapes.
  5. The client shall provide access to site during Arthur & Simon Landscapes normal working hours, and during the works progress. If possible the client will provide also a storage space for materials.
  6. Any addition and/or alterations to the schedule shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes.
  7. Arthur & Simon Landscapes 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. The foregoing does not apply to damages which should have been reasonably foreseen by Arthur & Simon Landscapes with its expertise, i.e. where damage arose because of negligence or failure to use reasonable care and skill.
  8. The client will be responsible for all payments to Arthur & Simon Landscapes, unless otherwise notified in writing prior to commencement.
  9. Arthur & Simon Landscapes will send an invoice to the client after each visit or end of month if there are multiple visits per month.
  10. Payment terms are 7 days from date of invoice. Payment methods are direct debit, debit card, credit card or by BACS (Internet bank transfer). Credit card payment incurs a handling charge.
  11. The Client shall inform Arthur & Simon Landscapes about any special/statutory Bylaws/Conditions/Permissions that may be involved and remains responsible for failure to do so. Arthur & Simon Landscapes is not liable for non- compliance with the obligations resulting from the documents mentioned hereinabove unless non-compliance is caused by Arthur & Simon Landscapes negligence or failure to act with reasonable care and skill.
  12. All or any special conditions, of which Arthur & Simon Landscapes have been informed, are noted in the quotation.
  13. Arthur & Simon Landscapes accepts no responsibility for works that have been carried out on land that is not under the ownership of the client if, with reasonable care, Arthur & Simon Landscapes was not aware and could not have been reasonably aware before the commencement of the works that the land is not under the ownership of the client. It is assumed that all planning laws or regulations have been applied before commencement of any works.
  14. Severe weather conditions, including drought, may cause the delay of the start date of the quotation. This will not affect the original, agreed price.
  15. The number of visit per year stated in the quotation of costs may change slightly due to unforeseen weather conditions or the individual requirements of your garden at the time. In the event of smaller amount of visits than agreed, Arthur & Simon Landscapes will reimburse the client a proportionate amount of costs.
  16. Due to Health & Safety regulations it is the responsibility of the client to keep the site clean of dog excrement and/or large amount of litter. Arthur & Simon Landscapes reserve the right to charge for the visit in proportion to losses incurred by Arthur & Simon Landscapes as a result (unless agreed otherwise) if the site is not safe to work on the date of a scheduled visit.
  17. If access to the site is prevented on the date of a scheduled visit or if less than 5 days notice is given Arthur & Simon Landscapes reserves the right to charge for the visit in proportion to losses incurred by Arthur & Simon Landscapes as a result.
  18. All or any special conditions, of which Arthur & Simon Landscapes have been informed, are noted in the quotation.
  19. Arthur & Simon Landscapes undertake to insure our activities against all risks whilst engaged on your site - a copy of our third party public and employer’s liability insurance document can delivered on request.
  20. This is a 12 months rolling quotation and both parties can make changes or terminate the quotation any time during its term by providing one month notice.
  21. The quote includes all labour and green waste disposal if required.
  22. The term waste removal refers only to waste produced by Arthur & Simon Landscapes during the course of quotation, it excludes disposal of any material otherwise on site.
  23. Arthur & Simon Landscapes are registered with SEPA as waste carriers under the control of pollution act 1989. Our registration number is WCR/R/1110938.
  24. Arthur & Simons Landscapes are registered as Arthur & Simon Ltd., Reg. No.: SC382078, VAT No.: 996835935
  25. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.
  26. Consumer complaints: If you have a complaint against us for any work carried out or goods supplied, then put this in writing to us at our main address as soon as possible. We will aim to resolve the matter quickly. As a member of the Fife Council Trusted Trader scheme we are bound by their consumer dispute resolution process, and if we are unable to reach agreement then Trading Standards will provide an informal conciliation service, you can contact them on 01592 583141 or at trusted.trader@fife.gov.uk. Should this process fail to conclude the matter, then a referral can be made to Ombudsman Services, www.ombudsman-services.org who provide an independent, expert dispute resolution service to the Fife Council Trusted Trader scheme. We will abide by their decision.