Abery Trade Services Ltd Terms and Conditions

Abery Trade Services Ltd trading as ATS Landscapes, its employees, agents and subcontractors.

Customer: The entity to which the Estimate of Works is addressed, whether a private person or persons or a corporate body.

Contract: The agreement between ATS and the Customer as evidenced by the Estimate of Works issued to the Customer by ATS; the Customer’s written acceptance of such Estimate of Works and these Terms and Conditions.

Estimate of Works: The document evidencing the work to be carried out to create the Installation and an estimate of the costs involved as may be varied in accordance with Clause 2 below.

Installation: The development as requested by the Customer.
Writing, Written Any communication by way of letter, email, text, WhatsApp or similar messaging service.

Materials: The materials required by ATS to complete the Installation as identified in the Estimate of Works together with any permissions that may be required by ATS, including, but not limited to, parking permits.

Commencement date: The date on which the Customer accepts the Estimate of Works. This will be the date of the Contract.

Start date: The date agreed between ATS and the Customer for the work to be started. Please note that a given start date is an estimated date, the nature of construction works is that they can and do overrun. As much notice as possible will be given should this date need to move.

1. Definitions
These expressions shall have the following meanings ascribed to them:

2. Estimate of Works
The Estimate of Works provided by ATS to the Customer shall be in Writing and is valid for 30 days from the date thereof.
The Estimate of Works is based on there being unlimited and free access to the Installation site.

The prices of Materials used in the Estimate of Works are subject to change to the prices in effect at the Start date. Any works completed outside of the written estimate can be charged for additionally.

3. Acceptance
Upon acceptance of the Estimate of Works by the Customer in Writing:
a. the Customer is deemed to have agreed to these Terms and Conditions;
b. ATS will agree with the Customer a Start date. ATS will use all reasonable endeavours to commence work on the Start date but the Customer accepts that such date could change as a result of weather conditions or other matters that are beyond the reasonable control of ATS including, but not limited to, any delay in the availability of materials and overrunning installations.
c. The Customer will pay ATS a deposit of 10% of the amount of the Estimate of Works (including VAT).

4. Payments
a. A deposit is payable upon acceptance of the Contract in accordance with Clause 3c.
b. In the event that the works are scheduled to take more than 1 week, the Customer may be asked to pay stage payments. The intervals of these payments can vary and will be based upon works completed and materials ordered or supplied. The amount of such stage payments will take into consideration the cost of Materials, labour and any administrative costs incurred during the installation up to that point.
c. A final payment equal to the amount of the Estimate of Works less any deposit and stage payments received by ATS from the Customer, shall be due and payable on the date of practical completion of the Installation. No monies will be withheld by way of retention.
d. Payments shall be made in accordance with the guidance on the document requesting the payment of the deposit, stage payment or final payment, as the case may be.
e. All Materials will remain the property of ATS until all payments have been received by ATS. In the event of non-payment, the Customer agrees that ATS may enter the premises where the works have been carried out and remove such materials. The Customer will be responsible for the costs of such removal in addition to the amount of the Estimate of Works.

5. Customer’s responsibility
The Customer shall be responsible for:

a. providing and maintaining a safe working environment, which is in the same condition as viewed upon the site visit (unless otherwise agreed);
b. providing suitable access to the site where the works relating to the Installation are to be carried out;
c. providing access to mains electricity and water supplies;
d. notifying ATS of the whereabouts of any underground cables, pipes or other obstructions in the area in which the works relating to the Installation are to be carried out or in the vicinity of such area;
e. reimbursing ATS in respect of the cost of repairing or replacing any cables, pipes or other obstructions that have been damaged by ATS while undertaking the work but for which ATS were not notified under the terms of Clause 5d above;
f. any additional costs incurred by ATS as a result of a change by the Customer of the original specification identified on the Estimate of Works;
g. obtaining any necessary permissions for the work to be carried out including, but not limited to, planning permission, building regulations and party wall agreements;

h. removing any garden furniture, toys, climbing frames, trampolines and any other articles to a distance of at least 5 metres from the site where the
Installation is to be sited and from any areas required for access to the site.

6. ATS responsibility
ATS shall:
a. Construct the Installation in accordance with the Estimate of Works;
b. guarantee the workmanship involved with the Installation for one year but shall not guarantee the Materials used. Materials are, in some cases, covered by the manufacturers guarantee. In the event of a Material being found to be faulty after practical completion of the Installation, ATS will, if it is within its ability to do so, assist the Customer with its claim against the manufacturer:
c. the workmanship guarantee mentioned in 6a above will only be given if ATS completes the entire instillation and not in the event that ATS is asked to complete or modify an existing installation constructed in whole or in part by a third party or the Customer;
d. upon completion, remove all debris and other materials not required for the Installation and leave the completed Installation and the surrounding area clean and tidy;
e. if asked, assist the Customer with the removal of any objects obstructing the site as mentioned in Clause 5h but shall have no responsibility for any damage to such objects save to the extent covered in sub-clause 6f below;
f. ATS shall be responsible for reimbursing the Customer for any costs incurred by the Customer as a result of any damage caused by ATS as a direct and reasonably foreseeable consequence of the wilful default or negligence of ATS;

7. Termination
a. Should the Customer notify ATS in Writing that the Customer has decided to terminate the Contract, then ATS will refund the deposit, provided that:
i. such notice is received by ATS at least 22 calendar days prior to the Start date
ii. no Materials have been purchased or ordered that cannot be cancelled or returned. In that event, the Customer will reimburse ATS the cost of such Materials (including VAT, if applicable)
iii. any refund of a deposit will be subject to a deduction of £50 +VAT to cover administration costs.
b. Should notification of termination be received by ATS fewer than 22 calendar days prior to the Start date then:
i. the deposit will not be refunded
ii. The Customer will reimburse ATS the cost of any Materials that have been purchased or ordered that cannot be returned or cancelled.
c. Should the Customer decide to terminate the Contract after work has started, then the Customer will pay all amounts outstanding under the Contract.
d. ATS may terminate the Contract prior to the Start date by notifying the Customer in Writing and shall reimburse any deposit held.
e. In the event that ATS is unable to continue with the works as a result of any matter that is beyond the reasonable control of ATS. Then ATS will charge only for the cost of the work carried out based on the cost of materials that cannot be returned, labour and associated administrative costs.

8. Notices
Notices that are to be served on one party by the other party shall be sent by first class post or recorded delivery to the last known address of the party upon which the notice is served.

Such notices shall be deemed to have been received 72 hours after posting.

9. Jurisdiction
This Contract shall be interpreted in accordance with the Laws of England and the jurisdiction of the English courts.