PROVINCIAL MEADOWS LTD (PM LTD) LANDSCAPES & TREE SERVICES
BUILDING/LANDSCAPING WORKS CONTRACT
TERMS AND CONDITIONS
Relationship between the Parties
3.1. PM Ltd shall provide to the Client a proposal for the services to be provided (“the Quotation”)
which shall set out:
The Services and the Time and Manner of their Delivery
4.1. PM Ltd will provide such services to the Client as are set out in the Quotation.
4.2. The services will be provided to the Client within the timeframe specified in the Quotation where possible.
4.3. Time frames and dates of delivery are provided for guidance only and PM Ltd makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and PM Ltd shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
5.1. The contract price is set out in the Quotation, which includes details of the charges which PM Ltd will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which PM Ltd may charge to the Client.
5.2. The intervals at which PM Ltd may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.
5.3. Notwithstanding 5.1 and 5.2 above, PM Ltd may vary the contract price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.4. The Client agrees:
7.1. The Client shall be responsible for the correctness of all measurements for products or materials which he gives to PM Ltd. Where these measurements are not correct and accordingly materials or products which are ordered or provided by PM Ltd are the wrong size, the Client shall bear the expense of rectifying this.
7.2. The Client shall co-operate with PM Ltd as may be necessary to facilitate this agreement, including but not limited to:
7.3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after PM Ltd has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of PM Ltd as set out in 8.4, below).
7.4. Where PM Ltd stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to PM Ltd for any loss or damage.
7.5. The Client shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. The Client warrants that he has applied for and obtained all such necessary permissions, licence or consents prior to contracting PM Ltd.
8.1. PM Ltd shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements where reasonably practicable.
8.2. PM Ltd shall take all reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings, fittings, wall, ceiling and floor coverings during the provision of the services.
8.3. PM Ltd shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting him to self-certify the compliance of the services provided with the relevant building regulations or alternatively if he is not so accredited then he shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
8.4. PM Ltd shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services.
8.5. PM Ltd shall at all times hold valid employer and public liability insurance policies.
Property Rights and Assumption of Risk.
9.1. Any property rights, title or ownership in any property or materials which are used by PM Ltd in providing or delivering the service shall remain with PM Ltd until the Client has made payment in full in accordance with these Terms and Conditions.
9.2. Risk and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from PM Ltd to the consumer:
10.1. PM Ltd provides to the Client, in addition to any statutory rights which the Client may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 3 years from the completion of the services, notwithstanding that this guarantee shall not apply to:
10.2. PM Ltd shall, at his sole discretion, determine the manner in which he will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to the Client all or part of the monies which have been paid.
10.3. Where the Client considers that the services are defective upon delivery or performance then he shall notify PM Ltd of this within 30days, failing which he shall not be entitled to claim the benefit of this guarantee.
10.4. This guarantee shall not become effective until the Client has paid PM Ltd in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.
11.1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above the employment of PM Ltd under this Agreement may be terminated immediately where any of the following circumstances arise:
11.3. Upon termination of the employment of PM Ltd under this agreement the Client shall pay to PM Ltd such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4. Any right to terminate the employment of PM Ltd under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
Disclaimers and Exclusions
12.1. PM Ltd shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
12.2. Nothing in the foregoing shall be read as restricting or limiting in any way PM Ltd.’s liability for death or personal injury.
Warranty of Contractual Capacity
Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
16.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
16.2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
16.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
16.4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
16.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
16.6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.
These Building Contract Terms and Conditions are to be read in conjunction with the PM Ltd Building Contract Key Terms and Conditions (REM 083)
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