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Lyles Landscape & Garden Services

Making your landscape ideas & dreams a reality in North & East Yorkshire

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Derrick Lyles

Lyles Landscape & Garden Services

24 Tansley lane

Hornsea

East Riding

East Yorkshire

HU18 1TS



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Terms of Service

Terms & Conditions of Business for LYLES LANDSCAPE & GARDEN SERVICES (LLGS)


Quotations Works detailed by LLGS and accepted in writing by the client shall form the basis of the contract between LLGS and the client. The cost of any additional works required by the client will be priced and agreed by both parties prior to commencement of the works.

Contracts the Contractor LLGS and client are entering into a contract until the agreed works are completed, or for a defined period unless otherwise stated.

Validity of Quotations All quotes will be valid for 30 days from the date of submission, after this time LLGS has the right to re-quote on the works.

Termination of Contracts If either party wishes to terminate a contract, the notice must be given in writing.

Periods of Notice – LLGS require 3 months notice for landscaping and construction works and 6 months for maintenance contracts.

InflationTerm maintenance contracts are subject to an annual increase in line with government indices. LLGS will inform clients of price uplifts prior to the next financial year.

Fixed price works If prior agreements in writing are made by LLGS to a fixed price, this will be honoured throughout the term of the contract.

InvoicingAll maintenance contracts will be invoiced by LLGS at the end of each month.

Payments All payments must be received from the client within 14 days of the dated invoice or as otherwise agreed in writing. Normal terms are either complete payment on completion of the job: or at the Company’s discretion, two payments of 50% prior to work beginning and on completion or in part payments for identifiable areas as they are completed. LLGS shall be entitled to refuse to commence and/or cease to carry out further work if any payment due from the client remains unpaid for more than fourteen days after becoming due and payable.

Changes to these terms and conditions LYLES LANDSCAPE &GARDEN SERVICES has the right to change any of the terms and conditions at any time. Should LLGS make any changes, clients will be informed.

Title- Title in all materials used within the works shall remain with LLGS and shall not pass to the client until the price has been paid in full by the client.

InsuranceLLGS will maintain employee and public liability insurance in respect of works agreed.

Health & Safety and the Environment LLGS will operate in compliance with health, safety and environmental legislation throughout the contract.

Nuisance and Damage LLGS will conduct its business to minimise nuisance, damage & annoyance to the client and other people who are affected by LLGS operations.

Barrier and SignsLLGS will be responsible where required to provide barriers, signage or other measures in order to protect members of the public and the client.

Machinery Plant and Equipment LLGS will provide all plant, tools, machinery, vehicles, cartage and haulage etc fro the proper execution and completion of the works, including all fuel and maintenance for the plant and vehicles.

Site Clearance on completion of works LLGS will clear up debris, surplus materials, and leave the site tidy on completion of works.

DelaysDelays caused that are beyond the control of LLGS are the responsibility of the client. In the event of such delays LLGS may charge the client for the time lost and travel costs.

Weather LLGS will ensure that all contracts are delivered on time (weather dependant). Should LLGS fall behind due to adverse weather conditions, we will inform clients of delays.

Variations Should any variations be required to the contract by either LLGS or the client, ten working days notice must be given in writing.

Customer Obligations The customer shall provide water and electricity for LLGS at no charge to enable LLGS to carry out agreed works. The client shall provide access to the site during LLGS normal working hours and a storage place for materials during the progress of the works. The client will ensure that LLGS are aware of any statutory provisions, by-laws, planning or building regulation conditions specific to the site prior to commencement of works.

Site Safety It is the client’s responsibility to ensure that the area to be maintained is safe, and to point out in writing any known hazards such as underground and overhead services, drains, pods, ditches or water courses. After commencement of work, LLGS will have the right to re-price any area, should any of these services be discovered.

Site AccessLLGS will ensure clear access at all times and will prevent major obstructions that could prevent access to the site.

DeliveriesLLGS will inform the client should deliveries be likely to cause an obstruction and will ensure any delays are agreed with the client and minimised as far as practicable.

Injurious matter The client is responsible for ensuring that grassed areas to be maintained are kept free of dog mess, moles and other items that may cause damage to/harm machinery, operatives or third parties.

Grass Cutting Prior to commencement of Grass Cutting LLGS will litter pick the area to be cut. LLGS will cut the entire of any grassed area to a recognised industry standard for the intended use. LLGS will not be held responsible for grass clumping due to damp weather conditions where grass arising are to remain on site and uncollected.

Grass Collection Where grass cuttings are to be collected, LLGS will ensure care is taken to remove cuttings and leave a clean finish. LLGS will not be held responsible for minor clumping and small amounts of grass remaining where weather conditions are difficult.

StrimmingWhen strimming LLGS will ensure the grass is cut to the height of the surrounding area and will ensure that arisings are mechanically blown off all public rights of way unless otherwise required in the contract.

Grass Contamination LLGS will take reasonable care to ensure minimum contamination of the surrounding area, obstructions with grass arisings, but will not be held responsible for contamination unless specified in the contract.

Hedges When maintaining hedges the specified price is to remove the last 6 months growth, reduction work will be quoted separately by LLGS, LLGS will carry out hedge trimming where possible, outside the bird nesting season March-July inclusive. If LLGS finds an occupied birds nest whilst hedge trimming work will cease and the client will be informed. Work will re-commence as soon as possible after the area becomes un-occupied.

PesticidesLLGS will ensure that pesticide application is carried out when weather conditions are suitable. Spraying will be carried out by fully qualified NPTC operators, and in compliance with all statutory requirements. Weather depending, LLGS will carry out spraying when programmed. The application of pesticide shall not be made during inclement or adverse weather conditions.

Landscape DesignsAny landscape designs produced and supplied to the client by LLGS will remain the property of LLGS until payment has been made in full.

Hard LandscapingAny hard landscaping carried out by LLGS will be to the client’s specification, using good quality materials fit for purpose as LLGS shall choose.

Soft Landscaping, Maintenance and wateringWhen carrying out soft landscaping works, ie planting, turfing, seeding, LLGS will ensure that the ground is prepared to good horticultural standard and ensure plants are healthy when introduced. On completion of the job it is the client’s responsibility to maintain soft landscaping by way of watering and feeding to ensure successful establishment. Should any soft landscaping deteriorate down to lack of water , pests and diseases or climatic conditions LLGS will not be responsible, other than when a specific maintenance contract has been agreed prior to works commencing.

Arboriculture LLGS will check for the presence of Tree Preservation Orders or Conservation Areas and will ensure that consent for work is granted prior to commencing where required.

Tree works will be carried out in accordance to the BS3998:2010 – Recommendations for tree works, and to best Arboricultural practices. LLGS will ensure that each job is carried out to the highest standard and in accordance with Health & Safety Regulations, including LOLER and PUWER. Should there be adverse weather conditions in the way of high winds, all tree works will be halted and re-scheduled.