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.

 

1. 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.

 

   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

 

• Natural materials used in projects possess variations in size, shape, color, and texture. These are considered part of the design’s beauty and authenticity. Splintered timber (particularly rough-sawn sleepers) and variations/iron deposits in natural stone are considered normal.

 

   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.

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• If the contract is suspended or delayed beyond Proterior Ltd's control, labor 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.

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   20. Price Adjustments

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• 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.

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   23. Labour Warranty
 

• We provide a 12-month labour warranty from the date of completion of the work. This warranty covers only faults directly attributable to our installation. If an issue arises within this period and is determined to be due to improper installation, we will rectify the fault at no additional cost.

   This warranty does not cover:
 

• Any faults or issues related to the products or materials used. Product warranties, if applicable, are provided by the manufacturer. Any labour required to fix or replace faulty products will be chargeable.

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• Any damages or faults arising from misuse, neglect, or improper maintenance after the completion of the work.

 

   Please note that this labour warranty is void if any work is performed on the installation by third parties.

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   24. 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, colour, and texture. Additionally, rough sawn sleepers, being a natural timber product, may have splinters, knots, and uneven edges which are normal characteristics of this material. As such, Proterior cannot guarantee uniformity in the appearance of these materials. Customers are advised to appreciate the inherent diversities in natural products, as these variations contribute to the distinctive and individualised nature of each project.

 

   25. Legal Requirements

 

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

 

   26. Indirect or Consequential Loss

 

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

 

   27. Identified Risks

 

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

 

   28. Force Majeure

 

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

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   29. Payment Non-Compliance

 

• In case of non-compliance with payment terms, work commencement or progression may be delayed, potentially causing additional charges for lost working days.

 

   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.