Terms and Conditions
Terms & Conditions for Hard and Soft Landscaping Services
N.B. ‘Leaf & Stone’ is a trading name for Leaf & Stone Limited
1. Definitions and Formation of Contract
• The Company: Refers to Leaf and Stone Limited.
• The Client: Refers to the person, firm, or company purchasing goods and services from the Company.
• The Contract: The agreement between the Company and the Client consisting of the written Quotation, these Terms and Conditions, and any agreed Change Orders.
• Validity of Quotation: All written quotations provided by the Company are valid for 30 days from the date of issue.
• Acceptance: A contract is formally established when the Client replies in writing (including via email or text message) stating that the Quotation is accepted. This written confirmation constitutes a legally binding contract. The Company reserves the right to withhold the booking of a project start date or the ordering of materials until any required booking deposit is received in full.
2. Fees, Deposits, and Payment Terms
• Booking Deposit: The Client must pay a non-refundable deposit to secure the project start date and allow the Company to order initial materials.
• Stage Payments: For projects lasting longer than five working days, the Company will issue interim invoices based on agreed milestones or time intervals, as outlined in the Quotation.
• Final Balance: The final balance invoice is due for payment immediately upon practical completion of the works and prior to the Company leaving the site.
• Late Payment Penalties: In accordance with the Late Payment of Commercial Debts (Interest) Act, the Company reserves the right to charge interest on all overdue invoices at a rate of 8% above the Bank of England base rate per annum, calculated daily from the invoice due date until payment is received in full.
• Debt Recovery Costs: The Client will be liable for all legal, administrative, and debt-collection fees incurred by the Company while recovering overdue payments.
• Retention of Title: All materials, plants, and goods supplied by the Company remain the sole legal property of Leaf and Stone Limited until all outstanding invoices are paid in full. The Company reserves the right to enter the property to reclaim materials if the Client defaults on payment.
3. Site Access, Preparations, and Utilities
• Unobstructed Access: The Client must provide free, continuous, and unrestricted access to the project site for the Company’s employees, subcontractors, machinery, and vehicles during working hours (typically 08:00 to 17:00, Monday to Friday).
• Consents and Permissions: The Client is solely responsible for obtaining all necessary planning permissions, building regulations, conservation area consents, or neighbor permissions required for the project.
• Public Utility Identification: The Company will contact local utility protection networks to identify and mark public underground utility lines (e.g., gas, water, main electrics) before excavation begins.
• Private Utility Liability: The Client must explicitly identify and clearly mark all private underground utilities, cables, or structures not covered by public locators. This includes garden lighting, irrigation, septic tanks, soakaways, invisible dog fences, and hot tub power feeds. The Company accepts no liability for damage to unmarked or incorrectly marked private installations.
• Site Facilities: The Client must provide the Company with reasonable access to a clean water supply and mains electricity on-site at no cost to the Company.
4. Boundary Lines and Neighbors
• Boundary Clarification: The Client must legally define and physically mark the property boundaries prior to the project commencing.
• Indemnity against Disputes: The Company relies entirely on the boundary lines indicated by the Client. The Company accepts no liability for neighbor boundary disputes, legal actions, or modifications required due to incorrect boundary identification by the Client.
5. Unforeseen Ground Conditions
• Client’s Responsibility for Pre-Project Surveys: It is the sole responsibility of the Client to undertake any and all initial subsoil surveys, trial pits, or geotechnical investigations to ensure there are no underground conditions that will adversely affect the project. The Company accepts no liability for failing to identify subsurface issues prior to excavation.
• Standard Digging Assumptions: In the absence of a professional subsoil survey report provided by the Client, the Company’s Quotation assumes normal, unobstructed digging conditions beneath the topsoil.
• Hidden Obstructions: If the Company encounters unforeseen subsurface obstacles during excavation—including but not limited to buried concrete slabs, old foundations, heavy clay, hidden rock formations, live tree roots, or contaminated soil—work will be suspended immediately.
• Change Orders: The Company will issue a written Change Order detailing the extra machinery, labor, or disposal costs required to resolve the issue. Work will not resume until the Client signs the Change Order and agrees to the additional fees.
6. Weather, Delays, and Timelines
• Estimated Durations: All project timelines, start dates, and completion dates provided by the Company are estimates only. Time shall not be of the essence in the contract.
• Adverse Weather: The Company is not liable for project delays caused by adverse weather conditions (e.g., heavy rain, frost, snow, or extreme heat) that impact site safety or the structural integrity of materials.
• Supply Chain Disruptions: The Company is not liable for delays resulting from manufacturer material shortages, transport strikes, or industrial actions outside its direct control.
7. Materials, Plant Material, and Aftercare
• Natural Variations: The Client acknowledges that natural products—such as timber, stone, porcelain, and topsoil—naturally vary in color, texture, veining, and grain. The Company cannot guarantee an exact match to physical samples or digital imagery.
• Material Substitutions: If an explicitly requested plant or material becomes unavailable via suppliers, the Company reserves the right to substitute it with an alternative of equal quality and value, after giving notice to the Client.
• Plant and Turf Survival: Following the practical installation of turf, lawns, trees, shrubs, or plants, the risk transfers entirely to the Client. The Company accepts no responsibility for the death or decline of living materials caused by lack of watering, frost, extreme weather, pests, diseases, or general client neglect.
8. Warranties, Claims, and Limitation of Liability
• Workmanship Guarantee: The Company provides a 12-month structural warranty on hard landscaping elements (e.g., paving stability, brickwork walling) from the date of practical completion. This warranty excludes normal wear and tear, ground subsidence, client misuse, or structural alterations made by third parties.
• Notice of Defects: The Client must report any defects or complaints to the Company in writing within 14 days of practical completion. The Client must afford the Company the first opportunity to inspect and rectify any valid issues.
• Limitation of Liability: The Company’s total aggregate liability to the Client for any claim, breach of contract, or negligence shall be strictly limited to the total contract price paid by the Client. The Company is not liable for indirect financial losses, loss of business, or emotional distress.
9. Cancellation and Termination
• Statutory Cancellation (Cooling-Off): Where the contract is signed at the Client’s residential home, the Client has a statutory right to cancel the contract within 14 days under the Consumer Contracts Regulations.
• Immediate Work Waiver: If the Client requests that work begin within this 14-day cooling-off period, they must sign a written waiver. If they subsequently cancel, they will be billed for all labor and materials used up to the point of cancellation.
• Termination by Company: The Company reserves the right to terminate the contract immediately if the Client breaks payment schedules, becomes verbally or physically abusive, or denies the team safe site access. The Client will be invoiced for all work executed and materials purchased up to the termination date.
10. Governing Law
• Jurisdiction: This Contract shall be governed by, interpreted, and enforced in accordance with the laws of England and Wales, and both parties agree to submit to the exclusive jurisdiction of the English courts.