Terms & Conditions of Service
By instructing Proterior Ltd to carry out work you accept that you have read and understood the following Terms & Conditions and consent to be bound by their content.
For the purpose of these terms ‘us’ ‘we’ ‘our’ 'contractor' shall mean Proterior Ltd, ‘you’ ‘your’ ‘Client’ shall mean the person instructing us to provide our services. ‘Tradesman’ shall mean the individual/s carrying out the service on site.
Proterior Ltd hereby consents to supply goods and to provide services to the Client and the Client consents to pay the price in accordance with these terms and conditions and any additional terms outlined in the 'proposal'
Proterior Ltd may employ subcontractors to carry out any part of their obligations under this agreement at their sole discretion and may assign its rights and obligations under this agreement to any other party.
The Client may not assign their rights and obligations under this agreement without the written consent of Proterior Ltd.
The Client warrants that he/she is either the owner of the premises at which the services will take place and are entitled to commission the services without the consent of any third party, or otherwise has the necessary authorisation in place for the services to be carried out.
By commissioning Proterior Ltd the Client confirms they have obtained any necessary permissions and/or licenses required for the services to be carried out.
The Client is expected to provide electrical power, running water, and toilet facilities where reasonably possible.
Proterior Ltd has produced a quote based on prices at the time of tendering. In the event of a shortage or non-availability of a product, we will offer alternatives and will discuss changes in materials costs prior to ordering.
Should Proterior Ltd be unable to fit Client supplied or Client recommended parts, or the Client refuses to have Proterior Ltd supplied parts (previously accepted as required) fitted, the return of parts carries a re-stocking charge of 30%, providing the parts can be returned without penalty to Proterior Ltd, otherwise up to 100% of the charges may be retained.
The client is requested to pay a £100 + VAT booking fee to book any work with Proterior Ltd, this deposit is non refundable. If the work is cancelled by Proterior Ltd the booking fee will be refunded in full.
Where a payment schedule is in place it will be outlined within the proposal, the final payment is paid on the day of completion. The works shall be deemed to be substantially complete when all items in the schedule of works have been constructed or installed. In the case of certain items e.g. bulb planting, which may not be possible due to seasonal delays in obtaining materials, these works will be shown in the Contract as being outside of the time schedule and therefore subject to a separate Contract.
Substantial completion shall not include adjustments, repairs, replacement, or cleaning of any item so constructed after practical substantial completion, and any warranty periods shall commence from the date of substantial practical completion, and not following any such remedial works. Requests for any such adjustments, repairs, replacements, or cleaning of any item constructed or installed following practical substantial completion shall not be the cause of any delay of final payment
Proterior Ltd is not able to accept responsibility for any plant material, including turf, following practical substantial completion due to the perishable nature of the product and the need for ongoing maintenance by the client following completion.
Natural Products Disclaimer: Proterior takes pride in using high-quality natural materials such as natural stone, timber, sleepers, and other organic elements in our garden designs and landscaping projects. It is important to note that these natural products inherently possess variations in size, shape, color, and texture. As such, Proterior cannot guarantee uniformity in the appearance of these materials. We embrace the unique characteristics and imperfections that come with the use of natural elements, considering them as part of the beauty and authenticity of our designs. Customers are advised to appreciate the inherent diversities in natural products, as these variations contribute to the distinctive and individualised nature of each project.
Proterior Ltd is not able to accept responsibility following practical substantial completion for any damage caused by frost, snow, wind, drought or animals or other physical action beyond their control.
Proterior Ltd shall be entitled to suspend the performance of, or terminate the contract if the Client fails to pay any sum due in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt. In such cases, the Contractor shall be entitled to payment for all works carried out and all goods supplied at the date of termination or suspension of the contract, and retain any deposit or interim payments made toward this. Any materials on site that are not fixed remain the property of the Contractor and may be removed from site by the Contractor or their Agents.
If the contract is suspended or delayed for any reason beyond the control of the Contractor, the Contractor reserves the right to transfer labour and equipment to other sites. Upon recommencement, any costs involved in leaving the site and returning to the site including off hiring/rehiring machinery and equipment shall be assessed and agreed before recommencement of works.
Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless Proterior Ltd has agreed otherwise in writing.
Payment for goods and services provided by Proterior Ltd are due immediately upon completion of each visit unless there is a payment schedule in place for larger projects.
Proterior Ltd shall be entitled to add interest daily and reserve the right to charge such interest on any amount not paid on the due date for payment from such due date until payment in full at 4% above the Bank of England base rate at the relevant time.
The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion and if it considers that the Works or any part thereof are not in accordance with the Contract immediate notice will be given to the contractor. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
Proterior Ltd reserves the right to increase the price of work if; the costs to Proterior Ltd of supplying the goods and services increase due to any factor beyond the control of Proterior Ltd, the Client changes the specification, the Client consents to any change in specification proposed by Proterior Ltd, goods or services are required by the Client with exceptional urgency, the Client causes a delay or the Client fails to provide Proterior Ltd with adequate accurate information or facilities.
If a Client fails to make any payment when it falls due, Proterior reserves the right to;
- Charge the Client statutory interest rates on the amount unpaid.
- Charge the Client for all reasonable costs and expenses (including legal costs and costs of any third party debt recovery service) incurred by Proterior Ltd in the collection of any overdue amounts.
- There is a minimum standard administration charge of £50 whenever a Client fails to pay all monies due immediately upon completion of a visit.
- Refuse to deliver or install any balance of goods or services, or guarantee any hitherto provided goods or services until payment is made in full.
- Recover materials purchased for, or on behalf of the Client. The Client accepts these materials remain the property of
Proterior Ltd until payment of any outstanding amounts has been received. In the event of a dispute, the Client consents to allow access to the property to a company representative to retrieve all materials that are not installed and therefore remain the property of Proterior Ltd.
Proterior Ltd is not able to accept responsibility for any damage to, or costs involved, with any underground hazards, obstructions, or services not made known in writing or apparent visual inspection before the commencement of works.
The Client remains responsible at all times for any matters regarding licenses, permits, planning permission, and similar legal requirements, unless such responsibility is specifically assigned in writing to the Contractor.
Proterior Ltd shall not be held liable for any indirect or consequential loss, damage, cost, or expense of any kind however caused, including without limitation any loss of income or profits.
Where a specific risk has been identified by Proterior Ltd and the Client advised, Proterior Ltd shall not be liable for such risk or event and the Client consents to bear such risk.
Proterior Ltd will not be liable for any delay to the provision of goods and services due to force majeure or any other event beyond its reasonable control.
In the event of non-compliance with the agreed payment terms, specifically, the failure to remit payment by the stipulated Friday deadline, Proterior reserves the right to delay the commencement or progression of the contracted work. Such delays may impede our capacity to adhere to the predetermined project timeline, potentially resulting in additional charges attributable to lost working days. Clients must ensure timely and consistent adherence to the payment schedule to facilitate the smooth and efficient execution of the landscaping project as outlined in the contractual agreement.
Proterior Ltd may terminate an agreement with a Client if the Client; becomes bankrupt, commits a material breach of their agreement, refuses to take delivery of goods, refuses to allow Proterior Ltd to provide services at the time and date agreed, defaults in paying the price or any part of it.
Proterior Ltd may terminate an agreement at its discretion at any time via notice in writing to the Client. Upon termination of this agreement, the Client consents to pay Proterior Ltd all outstanding charges including goods supplied and any cancellation charges payable to Proterior Ltd suppliers and sub-contractors.