Essex Landscaping & Paving Ltd

 

Definitions

 

“Company”, “We”, “Us”, “Our”

Refers to Essex Landscaping & Paving Ltd.

 

“Client”, “You”, “Your”

The person or organisation instructing us to carry out works.

 

“Contract”

The agreement between the Client and the Company, including the quotation, specification sheets, method statements, warranties and these Terms & Conditions.

 

“Works”

All labour, services, and installation activities carried out by the Company.

 

“Specification Sheets / Installation Specifications”

The detailed installation methods and standards provided for each service. These documents form a binding part of the contract.

Specification Sheets are available to the Client on request and may be provided digitally or in document form prior to or during the Works.

 

“Practical Completion”

When the Works are completed except for minor snagging items.

 

“Substantial Completion”

When the Works are fit for intended use and the warranty period begins.

 

SECTION B — FORMATION OF CONTRACT

    1.    By accepting a quotation, paying a booking fee, or instructing works, you agree to these Terms & Conditions.

    2.    All installation specification sheets (porcelain, resin, block paving, fencing, decking, brickwork, turf, etc.) are legally incorporated into this agreement.

    3.    In case of contradiction, these Terms & Conditions override verbal instructions.

 

4. Specification Hierarchy

Where multiple documents apply to the Works, the order of precedence shall be:

    1.    The accepted quotation

    2.    Service-specific Installation Specification Sheets

    3.    These Terms & Conditions

    4.    Any verbal discussions or informal communications, which are non-binding unless confirmed in writing.

 

SECTION C — QUOTATIONS, VARIATIONS & EXTRA WORK

    1.    Quotations are valid for 90 days unless stated otherwise.

    2.    Prices are based on visible site conditions at the time of quotation.

    3.    The Company reserves the right to charge additional fees for:

• Hidden rubble, concrete, roots or underground obstructions

• Ground instability, clay heave or poor soil conditions

• Extra excavation depth required

• Restricted or difficult access

• Additional skips or waste removal

• Customer-requested changes

• Drainage requirements not visible prior to excavation

    4.    All variations must be agreed verbally or in writing and are chargeable.

 

SECTION D — PAYMENT TERMS

    1.    A non-refundable £250 booking fee is required to secure a start date.

    2.    Payment schedules are outlined in the quotation.

    3.    Final balance is due on the day of completion unless otherwise agreed.

    4.    Late payments incur interest at 4% per month.

    5.    Materials remain the property of the Company until paid for in full.

    6.    In the event of non-payment, the Company may suspend works, remove unused materials, and recover legal and collection costs.

 

SECTION E — CANCELLATION POLICY

    1.    If the Client cancels after accepting the quotation, a cancellation charge of 25% of the total contract value applies.

    2.    Any materials already ordered or delivered must be paid in full.

    3.    If work has commenced, all labour and materials to date become immediately payable.

 

SECTION F — DELAYS & FORCE MAJEURE

 

The Company is not responsible for delays caused by:

• Weather conditions (rain, frost, snow, heat, storms)

• Supplier delays or material shortages

• Access restrictions

• Customer delays or withheld instructions

• Events beyond our control (force majeure)

 

Where delays occur, labour and equipment may be moved to other sites. Re-start or remobilisation costs may apply.

 

SECTION G — SITE CONDITIONS & UNDERGROUND HAZARDS

    1.    The Client must advise of any underground services, drains, cables or hazards prior to works commencing.

    2.    The Company is not liable for damage to hidden services not disclosed in writing.

    3.    Additional charges apply where obstructions prevent normal installation.

    4.    Work may be refused if the site is deemed unsafe.

 

5. Access & Site Constraints

The Company is not responsible for defects, delays, or damage arising from restricted access, confined working areas, neighbouring property limitations, or Client instructions to proceed despite known site constraints.

 

SECTION H — MATERIALS & NATURAL PRODUCT DISCLAIMER

    1.    Natural stone, timber, sleepers and aggregates vary in colour, texture, size, porosity and pattern.

    2.    These characteristics are not defects.

    3.    Timber may twist, warp, split or change colour due to weather conditions.

    4.    Efflorescence in bricks, blocks, concrete and mortar is a natural occurrence and not a defect.

    5.    Variations in composite products are manufacturer controlled and not covered by workmanship warranty.

 

6. Visual Tolerances

Minor variations in levels, lines, joint widths, surface texture, colour tone, alignment or finish are considered acceptable within industry tolerances and do not constitute a defect.

 

SECTION I — CUSTOMER RESPONSIBILITIES

 

The Client must:

    1.    Provide access, parking, power and water.

    2.    Remove furniture, stored items and obstructions.

    3.    Keep pets and children away from work areas.

    4.    Protect adjoining surfaces and property.

    5.    Follow all aftercare instructions provided.

    6.    Maintain installed works, including turf, resin, porcelain, decking and fencing.

    7.    Keep drainage channels clear.

    8.    Not allow third parties to alter works — this voids warranty.

 

All works are carried out in accordance with the relevant Essex Landscaping & Paving Ltd Specification Sheets, which form a binding part of the contract.

 

SECTION J — WORKMANSHIP WARRANTY (3 YEARS)

 

The workmanship warranty covers installation-related faults only, including:

• Sub-base failure caused by incorrect installation

• Structural movement due to workmanship

• Loose slabs, boards or fixings

• Alignment or fixing defects

 

Snagging & Defect Reporting

Any visible defects or snagging items must be reported in writing within 7 days of Substantial Completion.

Issues reported after this period are presumed to be caused by use, weather, maintenance or external factors unless proven otherwise.

 

Warranty commences at Substantial Completion.

 

SECTION K — EXCLUSIONS (NO WARRANTY)

 

No warranty applies to:

• Natural turf or planting

• Ground movement, soil shrinkage or clay heave

• Weather damage

• Misuse or lack of maintenance

• Third-party alterations

• Chemical or pressure-washing damage

• Wildlife or pet damage

• Efflorescence

• Manufacturer material defects

 

SECTION L — SERVICE-SPECIFIC INSTALLATION CONDITIONS

 

Each service is installed strictly in accordance with its Specification Sheet.

Natural movement, weather effects and material characteristics are excluded from workmanship warranty.

 

(Services include porcelain, natural stone, block paving, resin, concrete, decking, fencing, turf and brickwork.)

 

SECTION M — LIABILITY LIMITATION

 

The Company is not liable for indirect or consequential loss, including loss of income or profits.

Maximum liability is limited to the total contract value.

 

SECTION N — DISPUTE RESOLUTION

    1.    Issues must be reported in writing within 7 days.

    2.    The Company will inspect and propose a remedy where appropriate.

    3.    Disputes may be escalated to mediation or UK courts if unresolved.

 

SECTION O — JURISDICTION

 

These Terms & Conditions are governed by UK law and fall under UK court jurisdiction.