1. **Acceptance of Quotation or Estimate**

Acceptance of a Quotation (fixed cost) or Estimate (costs where certain items are identified and agreed as contingency sums/To Be Confirmed) signifies that the Client has read, understood and accepted the Terms and Conditions set out below. Any queries must be raised prior to accepting the job specification and associated costings (hereafter referred to as “the Contract”) and before commencement of the Works.

2. **Confirmation of Contract**

All Contracts must be confirmed in writing prior to commencement of the Works. Email confirmation is acceptable, provided it references the date, quotation number/reference, and includes an explicit statement of acceptance of these Terms and Conditions, thereby rendering the Contract legally binding.

3. **Alterations to Works**

 Earth Movers GW accepts no liability for alterations to the Works unless such changes are agreed in writing.

4. **Additional Works**

Any additional works requested by the Client and not included in the original Contract will incur additional charges. Extra labour will be charged on an hourly basis. Additional materials must be quoted for and approved before such works proceed.

5. **Site Access**

   The Client must ensure adequate access to the Site, including removal of vehicles/obstacles, unlocking of gates and passageways, and notifying neighbours where access is required. All dog waste must be cleared from the Site prior to attendance. If access or site conditions prevent the Works from being undertaken, the team will withdraw and the Client may still be charged.

6. **Site Information Provided by Client**

   The Client must inform Earth Movers GW of any known site conditions such as springs, flooding, rock, mine workings, covered wells, cavities, running sand, service pipes/cables, sewage or land drains, foundations or sub-structures of former buildings, or any other potential hazards or obstructions not reasonably identifiable by site inspection. A full site survey can be carried out upon written request. Earth Movers GW accepts no liability for subsurface issues arising after completion unless identified in such a survey.

7. **Additional Work Arising from Undisclosed Conditions**

If previously unknown or undisclosed structures/conditions (as outlined in Clause 6) are encountered, Earth Movers GW may need to allocate additional labour or extend project timelines. Associated costs will be reviewed and agreed with the Client before any further work proceeds.

8. **Permissions and Regulatory Requirements**

The Client is responsible for obtaining all necessary permissions, notices and fee payments required under any regulation or bylaw unless Earth Movers GW has been expressly instructed in writing to act on the Client’s behalf. The Client indemnifies Earth Movers GW against any loss, claim, costs or proceedings arising from failure to obtain such permissions. Where appropriate, Earth Movers GW will agree with the Client which permissions it will seek on their behalf.

9. **Parking Costs**

Any parking permits or parking-related charges arising from attendance at the Site will be charged in addition to the Contract sum.

10. **Terms of Trading**

**A. Landscaping:**

A 50% deposit of the Contract sum is payable upon acceptance of the Contract. A further 25% is due at an agreed midway point, with the remaining balance payable upon completion. Additional agreed costs will be invoiced at appropriate stages.

**B. Maintenance:**

For one-off works requiring advance material purchases (over a threshold determined at Earth Movers GW’s discretion), a 50% deposit is required, with the balance payable upon completion. Larger projects follow the same payment structure as landscaping. Maintenance labour is charged at £40 per hour plus VAT, with a minimum charge of £320.00 (8 hours). Invoices must be paid within 7 days. Regular contracted maintenance clients will have separate, contract-specific payment terms.

**C. Garden Design & Planting Plans:**

Design fees are charged per project and must be paid in full before design work commences. Separate terms apply to Design services.

12. **Lien on Goods and Materials**

Earth Movers GW retains a lien on all goods and materials on site until all monies owed are paid in full. The Company retains the right to access the site to remove such items if payment is not received.

13. **Limitation of Liability**

Earth Movers GW excludes liability for any loss, cost or damage arising from failure to perform or complete the Works due to circumstances beyond its control and not reasonably foreseeable at the time the Contract was agreed.

14. **Complaints**

Any concerns or complaints must be submitted within 7 days of completion of the Works.

15. **Weather and Environmental Conditions**

Earth Movers GW accepts no liability for defects caused by drought, landslip, tree root activity, water deprivation, or severe weather conditions.

16. **Statutory Services**

Earth Movers GW cannot be held responsible for damage to statutory services (e.g., gas, electricity, water, drainage) where their location was not identified prior to commencement of the Works.

17. **Planting and Turfing**

Care guides for plants and turf are provided upon completion. The Client is responsible for post-installation care. Earth Movers GW accepts no responsibility for plant or turf failure once the Works are complete. Plants are not guaranteed beyond the nursery’s release.

18. **Guarantees**

Material and installation guarantees may be provided upon request, however Earth Movers GW does not provide standard guarantees due to the variable nature of its work.

19. **Quotation Validity** 

Quotations are valid for 30 days from the date of issue.

20. **Late Payments** 

Invoices not paid within 14 days will incur a 5% monthly interest charge on outstanding balances, plus a £50 administration fee per month. Once written/email acceptance of the Contract has been received (as per Clause 2), Earth Movers GW reserves the right to enforce late payment charges.

21. **Cancellation of the Contract** 

If the Client cancels the Contract after acceptance, Earth Movers GW reserves the right to charge for all financial losses incurred as a result of the cancellation. This includes, but is not limited to:

* Employer and labour costs,

* Hire of machinery or equipment,

* Non-refundable material purchases,

* Any other costs reasonably incurred in preparation for or execution of the Works prior to cancellation.

  A cancellation invoice will be issued itemising these costs, and payment will be required within the stated payment terms.