Customers are required to agree in writing to our terms and conditions before any works can proceed. Simply scroll down the page and click on the link below to accept our terms and conditions.
The following terms apply to all services offered by Chichester Gardens Ltd. By accepting a quote in writing from Chichester Gardens Ltd you are agreeing to the following.
Quotations
The price given is a true estimate of what we expect to charge you. If there are circumstances we could not have been aware of, that will affect the price we will provide you with an updated estimate.
You have the right to accept the price or decline. Payment will be required for any work that you have authorised and we have completed up to the point you cancel.
Timescales
Work timescales are not dictated by the price given. Quotations are calculated based on the job in hand including difficulty, access, location, skilled professionals etc. This means that however long or short a job takes there will be no deductions in price. Once a quotation is accepted, we set out to complete the project to the highest standard in the time it takes without compromising quality. Estimated timescales do not dictate invoice reductions. The agreed price accepted in writing before work commences is the true price of the job regardless of how long the job takes.
Charges
The total charge to the Customer shall consist of (where necessary) the cost of materials, hired equipment supplied by Cloud Landscapes Ltd, the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining materials).
The Customer shall be charged for the time spent related to the agreed quotation including travel time and time to dispose of arisings. All charges are inclusive of labour, waste removal, supply, fit, instal and fuel costs.
Delay
We will aim to complete the work within the agreed timescale. We are only liable for delays caused by our own negligence. Any work will be completed within a reasonable time.
Payment
Full payment is required on day of work completion.
Payment can be made via card machine, direct transfer or cash.
We no longer accept cheques.
With larger projects, staged payments can be agreed and payment dates will be stipulated on your contract. The payments will reflect work / goods supplied to date.
We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1988 if we are not paid according to agreed credit terms.
Non-Payment could result in legal action being taken.
Changes
If you would like to change what is to be supplied, we would request that you confirm this in writing or other durable form (e.g. email). This will ensure that both parties have a record of what was agreed.
Changes to the contract may also mean changes to the price and this will need to be confirmed in writing and agreed by both parties.
Cancellation
Depending on the circumstances, and where and how your contract was agreed you may have a 7 day right to cancel it. Your rights are contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Damage
We will not be liable for any damage unless caused by our negligence.
Tree Felling
Unless otherwise specified 'removal of tree' signifies cut to ground level. Tree stump removal will be charged at an additional cost.
Services provided
Your rights under the Consumer Rights Act 2015, state that services should be provided with reasonable care and skill, within a reasonable time, (if no specific time has been agreed) and for a reasonable cost, (if no exact price has been agreed).
If a problem arises we aim to resolve the issue within a reasonable time.
Goods Provided
Any goods provided in line with the contract should be as described, of satisfactory quality, and fit for the purpose made known.
Complaints Policy
Chichester Gardens Ltd is committed to providing the highest levels of care to all our customers. If you are in any way dissatisfied with our services, then please let us know as soon as possible. This will help us to continually improve our service to you.
When contacting us, please detail the nature of your complaint, your contact details and indicate your preferred method of communication, e.g. telephone, email.
We will acknowledge receipt of your complaint within three working days.
If the Company shall have carried out the works and the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 6 months to the Company and shall afford the Company and its insurers the opportunity of inspecting such works and carrying out any necessary remedial works if appropriate.
The Customer accepts that if he fails to notify the Company within 6 months from the date the work was carried out the Company shall not be liable in respect of any defects in the works carried out.
Alternative Dispute Resolution
We are not part of an ADR scheme, if a dispute occurs which we cannot resolve we will provide you with the details of a certified ADR provider and we will let you know whether we intend to use the ADR process.
By law we do not have to use an ADR provider but we do need to provide you with the details.
If you require advice on your consumer rights, please contact Citizens Advice Consumer Service on 03454 04 05 06 or visit their website: www.adviceguide.org.uk
General Terms
Projects are weather dependant. Foul weather may cause delays to proposed time lines.
We accept no responsibility for any damage caused to electrical wires, pipes, waste systems or underground hazards where the location of any of these has not been provided or advised before work commences.
Any alterations to the agreed quote must be subject to a cost review before changes can take effect.
It is your responsibility to ensure Chichester Gardens Ltd vehicles have permission to have access to any private property before work commences. Chichester Gardens Ltd accepts no liability if the private property gets damaged in anyway due to access for vehicles or materials. The client shall provide the access to the site during agreed working hours.
It is assumed that all planning laws or regulations have been applied for before commencement of any works.
Storage space for materials during the contract progress may be needed in some cases and will be agreed before work commencing.
Plans, drawings and pictures under commission of a client remain the property of Chichester Gardens Ltd and may be used by the client and / or Chichester Gardens Ltd for future projects, displays and publications.
Chichester Gardens Ltd cannot be held responsible for damage caused by natural phenomena. For example subsidence, drought, winds, rain and frost.
Quotes and estimates are valid for 21 days from date shown on quote.
Chichester Gardens Ltd is not responsible for the maintenance of the project after completion has finished, unless this has been agreed in the quotation.
The client shall provide water and electricity at no charge if required to complete your project.
The area of work must be cleared of any feces from domestic animals.
It is the responsibility of the client to ensure we are made aware of any special, statutory bylaws, conditions and/or Permissions that may be involved during the work.
All materials on site remain the property of Chichester Gardens Ltd until payment is received in full.
We reserve the right to change these terms and conditions at any time.
Payment Terms
We may require payment to be made in stages which will be detailed on your estimate. The payments will reflect work / goods supplied to date.
Payment can be made by means of card payment, cash or bank transfer.
We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1988 if we are not paid according to agreed credit terms.
Non-Payment could result in legal action being taken.
Cancelations
You, the consumer, have the right to cancel this contract under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013. For Information on your consumer rights please call the Citizens Advice consumer service.
Cancelations within 7 days of the project start date could result in loss of the full deposit and/or any costs incurred due to materials and labor cancelation charges.
Materials / Plants / Living Material
Cloud Landscapes Ltd accepts no responsibility for the following:
Any manufacturing defects of products purchased for your project.
Any Plants / Living Materials once a job has been signed off by the client.
Natural products colours, distortion or shape.
Timber due to the environment that it is situated in may warp, shrink, discolour, split or distort, due to temperature, air and moisture content, it is natural for this to happen. We advise treatment of all timber products.
We advise that precautions are used for any plants and materials from the elements. It is not our responsibility to enforce this.
If necessary we reserve the right to substitute any plant with another of equal value and growth / habitat / colour in accordance with the specification.
Delivery Installation Dates
Installation/Delivery dates are provided in good faith, on the assumption that the materials and labour will normally be available. In the event of supplies or labour being interrupted by illness, or other contingencies beyond control there may be a delay or suspension of the installation. Whilst every effort will be made to deliver/install goods by a specific date, should delivery be delayed for any reason whatsoever, the company will inform the client as soon as possible, but will not be responsible for any loss, delay or inconvenience sustained by the customer. If a customer fails or refuses to take delivery of materials or allow an installation to proceed, on the agreed date, the customer shall be liable to the company, and for a reasonable charge by the company for any charges incurred by the company couriers.
Responsibility
Once delivered, the customer is responsible and shall indemnify the company against any damage or loss of materials and equipment of the company arising out of fire, theft or other cause. Any such accident shall not entitle the customer to rescind the whole or any part of the contract.
Title of Goods
Until the company has received payment in full of the price of the goods, including all costs, labour etc. due under the contract, the customer acquires no title to the goods which are subject of the sale, and the ownership thereof remains with the company and until then maybe removed by the company or its agents at any time.
Please note:
These terms and conditions were written taking into consideration the Consumer Rights Act, part 3, 2015 and the guidance currently available. If you adopt these terms, it is important to note that only a Judge can decide if a term is fair or not.
Any terms found to be unfair will not be binding on the consumer. If you choose to adopt these terms, it is important that you are aware of this]