- Neil Walker Landscaping Ltd of Burnbrae Stables, Chryston, Glasgow G69 9HR (“we”, “us”, “our”) will carry out the works specified in this agreement or online proposal (the “Work” or “Works”) for you at the Premises (set out on the agreement front page, online proposal or otherwise agreed) in accordance with the terms set out in this agreement or online proposal (these terms and conditions and any specification of works signed by you and us).
- We will:
- use good quality materials;
- supply materials in accordance with the descriptions set out on the agreement front page or online proposal. Please note, however, that slight variations in colour, shade, texture and consistency may occur and we do not accept responsibility for such variations which may be caused, for example, in the manufacture or storage of concrete products. Nor can we accept responsibility for the temporary phenomenon of efflorescence which can be seen in all products with high cement content (but this phenomenon is not present in clay products);
- use every possible care to minimise the disturbance caused by our employees, contractors, vehicles, plant and equipment when preparing the Premises for the Work, when carrying out the Work and when vacating the Premises after completion of the Work. You accept, however, that there will be some disturbance to the Premises, the areas surrounding the Premises and the access routes to the Premises;
- carry out the Work in accordance with your reasonable instructions, as long as these are consistent with the terms of this agreement or online proposal and, in particular, the specification;
- continually improve our products, materials and methods and may vary the specification from time to time to reflect such improvements or to meet any changes in legal, safety or regulatory standards or requirements provided that such variations do not significantly affect the performance or appearance of the work specified;
- provide a Total Price as set out on the front of this agreement or online proposal or in accordance with clause 5 below.
- to the extent that it is reasonable, ensure that you are satisfied with the Works. You will therefore need to bring to our attention as quickly as possible any aspect of the Work that you are not reasonably satisfied with and we will explore with you available options.
- You will:
- Pay us the deposit and balance on time
- Provide us with access to the Premises as reasonably required to carry out the Work;
- Take responsibility for the aftercare of the Works carried out at the Premises once installation is complete, for example watering the lawn; and
- Whilst we will attempt to carry out a sand sweep at the Premises, if we are unable to do so for any reason it is your responsibility to carry out a sand sweep of the Premises. We will notify you if this is the case and where applicable we will provide you with instructions.
- We will reasonably endeavour to carry out the Work within the timescales specified in this agreement but any such timescales shall be estimates only.
- Circumstances beyond our control include, without limitation, strikes or other industrial disputes, adverse weather conditions, inclement, failure of utilities or transport networks, acts of God, civil commotion, accidents, breakdown of plant or machinery, additional requests by you, unreasonable site conditions, or default of, or late delivery by, suppliers or sub-contractors.
- NOTICE OF THE RIGHT TO CANCEL
- You have the right to cancel this agreement as long as no materials required for the works have been purchased by us.
- We have the right to cancel this agreement if, in the opinion of our surveyor, the Work cannot be satisfactorily carried out. We will arrange for any relevant surveys to be carried out without delay, and notify you of the results as soon as possible after we receive the report. We may also cancel this agreement on giving notice to you at least 7 days before the Works are due to start. If the Work has to be cancelled for such reasons, we will refund to you the deposit paid by you. No interest will be payable on any refunds.
- If we fail to comply with any provisions of this agreement:
- we will only be responsible for any losses suffered by you which were a foreseeable consequence of our failure to comply with the relevant provisions of this agreement or online proposal;
- we will not be responsible for any:
- loss of income;
- loss of anticipated savings;
- any waste of time; or
- any increase in loss or damage resulting from a breach by you of any of the provisions of the agreement.
- we are not limiting in any way our liability for:
- death or injury caused by our negligence or the negligence of any contractor or sub-contractor;
- fraud or fraudulent misrepresentation;
- any breach of any obligations implied by relevant statutes and law.
- If you wish to make a complaint concerning any aspect of our service, please contact us in the first instance by writing to us, sending an e-mail to firstname.lastname@example.org or using our website contact form. We will acknowledge your communication within two working days of receipt. We will investigate your complaint and endeavour to respond within five working days (subject to availability of the support team).
- If any court or competent authority decides that any of the provisions in this agreement are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
- This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- If we fail, at any time whilst this agreement is in force, to insist that you perform any of your obligations under this agreement, of if we do not exercise any of our rights or remedies under this agreement, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.
- If we waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of the provisions of this agreement shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
- A person who is not a party to this agreement will not have any rights under or in connection with this agreement under the Contracts (Rights of Third Parties) Act 1999.
- This agreement will be governed by Scottish law and we both agree to the exclusive jurisdiction of the Scottish courts.
Facebook Competitions – Winners of our facebook competitions will not be able to use the prize in conjunction with any other discount or offers we have running. Winners will be chosen at random and contacted via Facebook Messenger to tell them they have won.
Neil Walker Landscaping Limited is a limited company with registration number SC508667
Our Address is:
Telephone: 0800 145 5841