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.

Definitions

"Us" "We" "Our" "Contractor": Proterior Ltd.

"You" "Your" "Client": The person instructing us to provide our services.

"Tradesman": The individual(s) carrying out the service on site.

2. Supply of Goods and Services

Proterior Ltd consents to supply goods and services to the Client, who consents to pay the price in accordance with these terms and any additional terms outlined in the 'proposal'.

3. Subcontractors and Assignment

Proterior Ltd may employ subcontractors at its 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 without Proterior Ltd’s written consent.

4. Client Warranties

The Client warrants that they are either the owner of the premises or have the necessary authorisation for the services to be carried out.

The Client confirms they have obtained any necessary permissions and/or licenses required for the services.

5. Site Provisions

The Client is expected to provide electrical power, running water, and toilet facilities where reasonably possible.

6. Quotation and Price Changes

Quotes are based on prices at the time of tendering. In case of a shortage or non-availability of a product, alternatives will be offered, and changes in material costs will be discussed prior to ordering.

7. Client-Supplied Parts

If Proterior Ltd cannot fit Client-supplied or recommended parts, or the Client refuses to have Proterior Ltd supplied parts fitted, a re-stocking charge of 30% will apply, provided the parts can be returned without penalty. Otherwise, up to 100% of the charges may be retained.

8. Booking Fee

A non-refundable £150 + VAT booking fee is required to book any work. If work is cancelled by Proterior Ltd, the booking fee will be refunded in full.

8A. On-Site Consultation Fee

An on-site consultation fee is payable in advance to secure a site visit and consultation. This fee is non-refundable in the event of cancellation by the Client, regardless of notice given. Proterior Ltd reserves the right not to provide a quotation or proceed further with any proposal following the consultation. In such instances where Proterior Ltd declines to offer a quotation, the consultation fee will be refunded in full.

8B. Garden Design Package

Proterior Ltd offers a Garden Design Package at a fixed rate of £500 + VAT for gardens up to 200 square metres. This package includes the following services:

One coloured 2D concept design drawing based on accurate property measurements.
A bespoke design tailored to the Client’s lifestyle, requirements, and outdoor space.
A site survey, drainage assessment, and a detailed schedule of works to facilitate efficient project delivery.
Two consultations with Proterior Ltd’s RHS-qualified garden designer and Project Manager.
A materials and layout consultation to support seamless implementation of the proposed design.

Optional Add-Ons (available at additional cost):

Design Revisions: £150 + VAT per revision
3D Visualisation: £150 + VAT

Bespoke design packages are available for gardens exceeding 200 square metres and will be priced accordingly.

All design fees are payable in advance and are non-refundable once work on the design has commenced. Where optional extras are requested, these will be invoiced separately and are also payable in advance.

9. Payment Schedule

Payment schedules will be outlined in the proposal, with final payment due on the day of completion. Certain items, such as planting, may be subject to a separate contract due to seasonal delays.

10. Substantial Completion

Substantial completion occurs when all items in the schedule of works have been constructed or installed. Warranty periods commence from the date of substantial practical completion, not following any remedial works.

11. Perishable Products

Proterior Ltd is not liable for the condition of any plant materials, including turf, once the project is substantially completed. Due to the perishable nature of these materials, their ongoing health and maintenance become the responsibility of the Client.

12. Natural Products Disclaimer

Proterior Ltd utilises high-quality natural materials, including, but not limited to, natural stone, timber, sleepers, and other organic elements in the execution of its garden design and landscaping projects. Clients acknowledge and accept that these materials inherently exhibit variations in size, shape, colour, grain, and texture. Such variations are natural characteristics and are not considered defects.

Rough sawn sleepers, being a natural timber product, may present with splinters, knots, splits, and uneven or irregular edges. These features are to be expected and are considered part of the aesthetic and functional qualities of the material.

Environmental and climatic conditions—including, but not limited to, changes in temperature, humidity, frost, and moisture levels—can cause natural materials, particularly timber and stone, to expand, contract, warp, split, or otherwise alter in appearance over time. These responses are typical of organic materials and are outside of Proterior Ltd’s control. As such, Proterior Ltd cannot accept responsibility for any resulting changes in appearance or form, and these will not be covered under any express or implied warranty or guarantee.

13. External Factors

Proterior Ltd is not responsible for damage caused by frost, snow, wind, drought, animals, or other physical actions beyond their control.

14. Contract Suspension or Termination

Proterior Ltd may suspend or terminate the contract if the Client fails to pay any due sum, breaches these terms, or becomes bankrupt. In such cases, Proterior Ltd is entitled to payment for all works carried out and all goods supplied at the date of termination or suspension.

15. Delays and Additional Costs

If there are delays outside of Proterior Ltd's control, such as the Client not arranging materials to the site (if outside of the contract), waste removal (if outside of the contract), or any other delays such as restricted access, a charge of £660 + VAT per day will be applied.

If the contract is suspended or delayed beyond Proterior Ltd's control, labour and equipment may be transferred to other sites. Recommencement costs will be assessed and agreed upon before work resumes.

16. Third Party Representation

If the Customer is represented by a third party and there is non-payment, the third party will be responsible for payment unless agreed otherwise in writing.

17. Payment Terms

Payment is due immediately upon completion of each visit unless a payment schedule is in place for larger projects. Interest of 4% above the Bank of England base rate will be added daily to overdue payments.

18. Inspection and Defects

The Customer must inspect the Works upon completion. If the Works are not as per the Contract, immediate notice must be given. Otherwise, the Works are presumed complete and free from apparent defects.

19. Waste Removal

Unless agreed in writing, the Customer is responsible for removing all waste materials from the site.

20. Price Adjustments

Proterior Ltd reserves the right to increase prices due to factors beyond its control, Client changes in specification, urgent requirements, Client delays, or insufficient information or facilities provided by the Client.

21. Non-Payment Consequences

Proterior Ltd reserves the right to:

Refuse delivery or installation of goods or services until full payment is received.
Recover materials purchased for the Client, with the Client consenting to allow access for retrieval of such materials.
Charge statutory interest on unpaid amounts.
Charge for costs incurred in collecting overdue amounts.

22. Underground Hazards

Proterior Ltd is not responsible for damage or costs associated with underground hazards not made known in writing or apparent before work commencement.

23. Guarantee

Proterior guarantees the quality of our workmanship for a period of 12 months from the date of practical completion of the works. This guarantee applies solely to defects that arise as a direct result of incorrect installation carried out by our team.

This workmanship guarantee does not extend to materials, products, or fixtures supplied and installed as part of the works beyond the period of their respective manufacturer’s warranties. Where a fault or failure occurs within the first 12 months and it is reasonably determined that the issue has arisen due to improper installation, Proterior will, at its discretion, rectify the problem as part of this guarantee.

Please note the following important exclusions from our guarantee:

Manufacturer defects or product failures that arise outside of our control are covered only under the terms set by the respective manufacturer and not by Proterior.
General wear and tear, damage caused by misuse, neglect, vandalism, impact, accidental damage, or failure to maintain the installation are not covered.
Damage or deterioration due to environmental factors such as weather conditions, temperature fluctuations, exposure to water, frost, or excessive heat—including but not limited to the shrinking, expanding, warping, or splitting of timber, cracking of paving, or movement of natural stone—are natural occurrences and not considered defects in workmanship.
Natural settling or ground movement that results in minor shifts, level changes, or cosmetic imperfections is a normal aspect of outdoor installations and is not included under this guarantee.
The emergence of weeds is not covered under this guarantee. While an appropriate weed-suppressing membrane may be installed, it cannot completely prevent the growth of weeds over time, especially through airborne seed dispersal or persistent perennial roots.

Clients are advised to follow any aftercare or maintenance guidance provided by Proterior or the product manufacturers to help preserve the integrity and longevity of their garden features.

24. Legal Requirements

The Client is responsible for licenses, permits, and planning permission unless otherwise assigned in writing to Proterior Ltd.

25. Indirect or Consequential Loss

Proterior Ltd is not liable for indirect or consequential loss, including loss of income or profits.

26. Identified Risks

Proterior Ltd is not liable for identified risks advised to the Client, who consents to bear such risk.

27. Force Majeure

Proterior Ltd is not liable for delays due to force majeure or events beyond its control.

30. Termination by Proterior Ltd

Proterior Ltd may terminate the agreement if the Client becomes bankrupt, breaches the agreement, refuses delivery or services, or defaults in payment.

31. Termination by Notice

Proterior Ltd may terminate the agreement at its discretion via written notice. Upon termination, the Client consents to pay all outstanding charges, including cancellation charges to suppliers and subcontractors.