Four Seasons Garden Services Swansea Limited (FSGS)
FSGS shall charge for work at prices stated on our hourly rate, current at time of order, unless agreed otherwise in writing before the work starts. All prices quoted are assumed to be inclusive of materials.
FSGS will quote prices and estimate completion times for any job upon request.
a) Quotes and completion estimates are provided subject to sight of final brief.
b) Customers are urged to check specifications and conditions in any quote. All additional work, requested outside of the original brief and provided quote, shall be chargeable at our standard hourly rate, unless otherwise agreed in writing.
c) Quotes are checked for accuracy. However, FSGS reserves the right to decline work if an error occurred in the quote.
d) A copy of the Acceptance of Quotation (if provided) must be returned signed and dated before the commencement of any work can begin. This will be accepted as indication that these terms & conditions have been read and agreed to.
e) Acceptance of Quotations can, in some circumstances be confirmed verbally.
Contract customers shall settle invoices for work ordered within 30 days from the date of invoice. FSGS reserves the right to charge interest on all overdue sums (including interest charges for late payment) at the rate of 10% per month, payable on demand.
Non contract work invoices shall be settled in full on completion work, or no longer than 5 days after completion.
4. Verbal Instructions
The customer is urged to issue all instructions in writing and to confirm telephone instructions by email.
FSGS will use its best endeavours to follow instructions given verbally, but shall except no responsibility or liability for work carried out on this basis.
FSGS will not be liable for any costs incurred, compensation or loss of earnings due to material or information received late from the client or suppliers. FSGS reserves the right to charge extra for work which, as a result of being supplied late, must be executed more quickly than originally agreed.
If work is delayed or cancelled without prior arrangement, by more than seven days due to customer approvals, material supplied late, or for any reason that is beyond the control of FSGS, FSGS shall be entitled to payment for all work already carried out, whether or not completed or delivered.
FSGS liability to the customer for any damage or expense caused by a failure to discover any defect/error in the work or supplied items, shall be limited to a sum equal to the amount FSGS charges for those items or work effected. FSGS cannot be held liable for any errors, failures, defects, or delays in the work caused by the supply of unsuitable specifications, instructions or material supplied by the client.
a) All copy/content supplied by the client is received as final copy and is assumed to have been fully proof read, grammatically accurate and spell checked. All text generated by FSGS will be provided to the client for approval. Once FSGS receives sign-off from the client, it is assumed all copy and content is fully approved and proof read by the client.
8. Force Majeure
FSGS shall have no responsibility to the customer in the event of any failure, delay or default due in whole or part to:-
a) Circumstances beyond the control of FSGS
b) Fire, power failure, mechanical or software failure, media storage corruption and unavoidable shortage of materials.
c) Industrial disputes or third party actions.
Until work carried out by FSGS is paid for in full, including interest for late payment, legal and beneficial ownership shall remain with FSGS, and the customer shall hold the work on a fiduciary basis. Notwithstanding the above, all materials purchased by FSGS shall remain the property of FSGS until all invoices are paid in full. Materials purchased by FSGS are quoted to customers + 10%.
10. Indemnity & Libel/Obscenity
The customer shall fully and effectively indemnify FSGS against all costs, expenses, damages and losses in connection with any third party proceedings with respect of goods produced, worked on or work carried out by FSGS, including claims and proceedings relating to copyright, trademarks, patents, industrial property, libel and obscenity.
11. Customer Default
If the customer shall be in default, or if FSGS has reason to believe that the customer will be unable or unwilling to discharge its obligations, then FSGS may cease work without any liability and give notice to the customer that payment for anything supplied under the contract between the two parties is due and payable immediately. Without prejudice to other remedies, FSGS shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in its possession, and shall be entitled to dispose of such goods or property as it thinks fit in order to apply the proceeds towards such debts.
Outside of our core services FSGS may subcontract work to a third-party, but FSGS shall remain liable to the client for this work. We add a discretionary mark-up/handling charge at industry standard rates unless agreed otherwise in writing with the client prior to commencement of this work.
13. Divisibility of Contract
All contracts between FSGS and its clients are divisible. Each delivery made (i) shall be deemed to arise from a separate contract, and (ii) shall at FAGS discretion be invoiced separately.
14. Different Conditions
These conditions override any differing conditions which may appear on the customer’s order, and may be modified only with the written consent of FSGS.
15. Governing Law
The resolution of any dispute shall be governed by the Laws of England and Wales.