OH MY GARDEN? THIS IS MADNESS

 Oh my Goodness. Really, I got a lovely guy to come and look at our garden. Well just now he emailed me. Now I already told you all that I was shocked that he needed to go away to give me a price on the work? My garden is tiny. Well, it’s took him three days to write back and I’m not surprised.

 

I received three attachments from him and this is one of them.

GENERAL TERMS AND CONDITIONS OF CONTRACT FOR LANDSCAPES WORKS

The following terms and conditions shall apply to and are incorporated into the quotation overleaf and shall apply unless expressly modified or excluded in writing and signed by the

Contractor.

1. THE SCOPE OF THE WORK

1.1

The Contractor shall carry out and complete the landscape work described in the contract documents in a good and workmanlike manner. He shall have no obligation to

execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between the specification and the drawing, the description

contained in the specification shall prevail over the drawing.

1.2

The contract documents shall include the quotation, the specification and any other document referred to in said quotation.

1.3

No qualification in any acceptance issued by the Client shall form part of the contract unless specifically agreed in writing by the Contractor.

1.4

The term “The Contractor” shall mean the Contractor referred to overleaf, and the term “The Client” shall mean the Client specified overleaf.

1.5

The Client is responsible for obtaining any necessary planning or other permissions for the works and for fulfilling the statutory requirements.

2. QUOTATION

2.1

A quotation shall remain open for acceptance within 28 days of the date shown and thereafter lapses automatically unless agreed in writing by the contractor.

2.2a

All quotations are based upon market prices and rates for materials, labour, sub-contractors, suppliers, transport and all other materials and services required for the works

ruling at the date of said quotation. The Contractor reserves the right to amend the contract sum referred to therein in order to take account of any increases or decreases in

these fluctual prices caused by statutory change or increases or decreases in the price of materials, rates for wages and any other charges for said materials, labour and

other services required for the works insofar as such charges have not been anticipated by the Contractor when preparing his quotation.

2.2b

Alternatively, this is a fixed price quotation for a contract period of 3 months.

2.3

The contractor reserves the right to increase the contract sum should the date for the completion of the contract become impossible to attain for reasons wholly or partly

beyond his control (include. Adverse weather).

2.4

All drawings are copyright and are the property of the Contractor.

2.5

Acceptance of the Contractors quotation involves the acceptance of these terms and conditions and of the contract documents and will lead to a binding contract between the

parties. It should be noted by the Client that any attempted or actual cancellation thereof by the Client may involve the Client in a claim for recovery by the Contractor of any

loss or expense incurred as a result, including a claim for loss of profit.

3. VARIATIONS

3.1

Variations to the works as described overleaf will only be undertaken upon instructions confirmed in writing by the Client to the Contractor. Oral instructions will not be

accepted. It should be noted that the site personnel have no authority to alter the contract in any way. The price of any additional work, properly treated as a variation, will be

based upon costs prevailing at the date of the instruction.

4. PAYMENT

4.1

The Client accepts that he will pay to the Contractor the contract sum together with any Value Added Tax properly chargeable upon the contract sum.

4.2

All accounts are net and do not provide for any discounts or retentions unless otherwise agreed.

4.3

Unless otherwise stated, accounts are payable within 7 days from date of invoice.

4.4

Interest will be charged from the due date or payment of all invoices at 2% above the Contractor’s Banker’s Base Lending Rate, per annum until actual payment.

4.5

Where the period for completion of the work exceeds 7 days, interim or stage payments will be made to the Contractor by the Client who will be invoiced at regular intervals.

Each stage payment is due within 7 days from the date of the invoice. If any invoice is not paid on the due date and the Client continues in default for seven days after receipt

by registered post or recorded delivery of a notice from the Contractor stating that notice of determination will be served if payment is not made within seven days from the

receipt thereof, then the Contractor thereupon by notice by registered post or recorded delivery to the Client forthwith determines this contract and the Contractor shall

thereupon be entitled to cease work on the contract and remove all materials remaining unused on the site and recover from the Client his whole loss and expense arising out

of said default by the Client.

 Well, it goes on and on and on, and perhaps I just can’t find it, but where is the price? I have downloaded all of the atatchement he has sent and I can’t find a price? Hahahahaha. I don’t think this guy wil be for us. I’m gutted I really thought he was a good one. Really, I need a law digree to understand this, and this is just a third of what he sent in fact less than a third.

 

I’m going to have to advertise and just hope I won’t get a dodgy person applying.

 

I’m exhausted by it all.