This document contains the general terms and conditions for Totem Property Services Limited, trading as ‘Totem Landscaping’. Please read these terms and conditions carefully. They set out our and your legal rights and obligations in relation to our services. By accepting the quotation, paying the deposits required and the works starting, the Customer is deemed to accept all of the terms and conditions listed below.
1. SCOPE OF THE AGREEMENT
1.1 Subject to the terms and conditions of this Agreement:
1.2 Totem Property Services Limited undertakes to carry out the agreed works; and
1.3 the Customer undertakes to accept and pay for the agreed works.
2. Customer’s Responsibilities
2.1 The Customer warrants that:
(a) the Customer is the owner of the property in which the work is taking place (“Site”) or is authorised by the owner of the Site to carry out the agreed works on the Site; and
(b) Totem Property Services Limited shall have free and unimpeded access to the Site for the purpose of carrying out the agreed works, and that (except where agreed otherwise) the Site will be cleared of all debris prior to commencement of the agreed works. If access to the site is prevented on the date of a scheduled visit or if less than 10 days notice is given, Totem Property Services Limited reserves the right to charge for the visit in full.
2.2 The Customer shall ensure that, if other parties are to be allowed access to the Site during the term of the work, this shall be by agreement with Totem Property Services Limited, and the Customer shall ensure that such other contractors are co-ordinated to allow unimpeded access to the Site or completion of works by Totem Property Services Limited.
2.3 The term waste removal refers only to waste produced by Totem Property Services Limited’s services, it excludes disposal of any material otherwise on site.
3.1 All quotations are valid for 30 days only and may be subject to alteration after that date.
3.2 The quotation is a best estimate of price at the time of submission taking into account existing site conditions and layout at the time of viewing.
3.3 Acceptance of the quotation signifies acceptance of these terms and conditions and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the Customer will involve the Customer being liable to a cancellation fee and any loss of expenses incurred as a result at the discretion of Totem Property Services Limited up to a maximum of 50% of the total of the quotation.
3.4 Only the work described in the quotation is included. The supply of any other materials or labour costs to carry out such works other than stated within the quotation is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will be agreed by both parties prior to being undertaken.
3.5 No allowance is made in the quotation for any extra work required due to unknown, hidden or underground features.
3.6 Totem Property Services reserves the right to request the Customer to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond its control.
4. Contract Sum and Payment
4.1 The Customer shall pay Totem Property Services Limited the agreed price (“Contract Sum”) in the manner, at the rate and at the times agreed and provided in the invoice, together with any Value Added Tax properly chargeable upon the contract.
4.2 25% of the total estimate value is required a minimum of 7 days before works commence. On completion, the Customer will be required to sign off the works, and pay the remaining balance within 7 days.
4.3 The Customer will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate. Final parking charges and congestion charges will be added if applicable.
4.4 Unless otherwise stated, payments are due 7 days following receipt of invoice. If the invoice is not settled within 14 days, Totem Property Services Limited reserves the right to charge daily interest at 2% until full payment is received.
4.5 Materials need to be purchased in advance and will form part of the first stage deposit, payable a minimum of one week in advance of the agreed start date. If this or any invoices, are not paid within seven days of being rendered, the Customer will be deemed to be in default and therefore in breach of contract. Totem Property Services Limited will then be entitled to cease work and remove all materials remaining unused on the site and recover from the Customer his whole loss and expenses arising out of the said default by the Customer.
4.6 In the event it is necessary to institute legal recovery of the outstanding sum, the Customer will be liable to pay Totem Property Services Limited’s legal fees in full.
4.7 If the delivery date of goods is delayed by the Customer, Totem Property Services Limited reserves the right to charge the Customer the daily labour rate for all staff on site until the material arrives.
4.8 In the event that a change in materials from that already delivered on-site is required as a result from a subsequent Customer change of mind, the Customer will be solely responsible for payment of all additional costs.
4.9 All materials supplied by Totem Property Services Limited, including materials incorporated into the agreed works, shall remain the property of Totem Property Services Limited until payment has been made in full. Totem Property Services Limited shall be entitled to unrestricted access to the Site to dismantle and remove all agreed works and materials if payment is not made in accordance with this agreement.
4.10 If the Site is sold or is in any way disposed of, prior to all payments being made to Totem Property Services Limited, the Customer shall hold the proceeds of such sale or disposition in trust for Totem Property Services Limited to the extent that any monies remain owing under this agreement.
5.1 The Customer may request modifications or amendments to the agreed works at any time during the term of this agreement and Totem Property Services Limited shall use its best endeavours to comply with all such requests, provided that the parties shall immediately negotiate in good faith to determine whether any such modifications or amendments are practicable and (where applicable) agree upon an amended price. Totem Property Services Limited shall not be required to commence work on any such amended works until the amended price is agreed.
5.2 Where any such modifications or amendments to the agreed works are agreed between the parties in accordance with clause 5.1, they shall be recorded in writing and signed by both parties, whereupon they shall be deemed to be incorporated into this agreement.
5.3 Where the parties do not reach agreement in accordance with clause 5.1, within 5 days of a request for an amendment, this agreement shall remain unchanged and shall continue to be binding on both parties.
6.1 Totem Property Services Limited reserves the right to charge £50 in the event of the Customer rescheduling or cancelling the appointment on short notice (less than 24 hours prior to the job).
6.2 In the event that the Customer cancels the service upon arrival of our Operative(s), we reserve the right to charge the full labour cost as quoted.
6.3 Totem Property Services Limited reserves the right to stop the working process or cancel the booking due to adverse weather conditions which are not allowing the Operative(s) to perform the required service.
6.4 Totem Property Services reserves the right to refuse, cease or stop the service process at any time if our Operative(s) are abused or threatened in any way.
7. The Site
7.1 The Customer commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.
7.2 Access to water and electricity services will be provided by the Customer at no additional cost to Totem Property Services Limited.
7.3 It is the responsibility of the Customer to make parking arrangements, including contacting your district council to request a parking permit or parking bay suspension, if necessary. Any parking fees or fines, accrued during the time of the service provided, are to be paid by the Customer.
7.4 Totem Property Services Limited shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. The Customer is responsible for all plant on site once Totem Property Services staff and subcontractors have left site after a working day.
7.5 Totem Property Services Limited undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather may hinder progress, and Totem Property Services Limited undertakes to keep the Customer informed.
8. Construction and Materials on Site
8.1 Totem Property Services Limited always uses reputable high quality suppliers for the supply of materials. However, it is unable to guarantee their performance once it has left the site.
8.2 Any structural or appearance of finished features is at the discretion of the Totem Property Services Limited, unless agreed in writing by the Customer prior to the start of works.
8.3 Natural products may show some colour and/or texture, spatial variations. Therefore Totem Property Services Limited cannot guarantee supplied materials are exact representations of any samples provided.
8.4 Totem Property Services Limited will research and take the advice of the supplier as to the best way to lay/build with the material and the best adhesives and seals to use. If there are any problems arising with the product and the supplier advice has been taken, Totem Property Services Limited accepts no responsibility, except where it has been improperly installed by Totem Property Services Limited.
8.5 Materials delivered to site and tools left on site become the responsibility of the Customer. The contractor accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.
8.6 Wood is a natural product, and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. Totem Property Services Limited cannot be held responsible for the above taking place.
8.7 In extreme changes of weather conditions, certain materials such as terracotta, natural stone and other paving can be affected, suffering damage if not protected. The Customer should take the necessary precautions to prevent damage as this is out of Totem Property Services’ control.
9.1 Totem Property Services Limited will agree a date and time with you for the works to commence and we shall use our best endeavours to ensure the Operative(s) attend on the time and date. However we accept no liability in respect of non-attendance or late attendance of the Operative(s) or for the late or non-delivery of goods.
9.2 Any date or dates included in our estimate or quotation are estimated dates and Totem Property Services Limited shall not be in breach of this agreement for failing to start or finish by any date given.
9.3 We shall not be liable for and accept no responsibility for unavoidable damage caused, or any unforeseeable loss you may suffer as a result to the works carried out, nor shall we be liable for any loss of nature which is not caused by our negligence or our breach of the terms of the agreement between us.
9.4 This contract shall be regarded as an English contract and shall be construed and the rights of parties according to the laws of England and Wales.
9.5 Any accidental or malicious damage caused by the Customer, their children or any third party during the course of the construction or maintenance may incur an additional repair charge.
9.6 Totem Property Services Limited reserves the right to use any drawings, photographs or plans produced by us for any future publications, displays or for use on our official social media accounts, whilst ensuring the anonymity of the client.
Totem Property Services Limited company number is 11683950.
Totem Property Services Limited has public liability insurance.
Totem Property Services Limited is a licensed waste carrier.
Registered address: 16 New Road, Newbury, Berkshire, RG14 7RU