Terms & Conditions

TERMS AND CONDITIONS OF SALE

These notes explain what you as the client may expect, and what we as the company in turn expect from you, the customer. All contracts will be individually tailored to the customer and their project. All contracts depend upon the willingness of the buyer and the seller to achieve mutual satisfaction, however if any action arising from conflicting disputes that cannot be solved amicably, the Law of England shall be used as the interpreting law. Any alteration to our Terms and Conditions must be in writing and agreed by ACS Management Ltd or ACS Groundscare, depending on the service contract.

Contract Accepted

Once an acceptance has been received in writing, ACS Management Ltd and or ACS Groundscare will provide an approximate proposed starting date for the works to be undertaken. This date will be further confirmed prior to works commencing. There may be times during periods of adverse weather conditions or ground conditions which may require us to reschedule works. If this happens the client will be kept updated throughout the process until a new date has been agreed. During this process ACS Management Ltd and or ACS Groundscare can take no responsibility for any costs incurred by the client during these periods.

Works will be carried out at the correct seasonal time, any works requested outside of these timeframes will only be done with requests from the client in writing confirming the client is undertaking all job and site risks.

Similar to the above for work request in unsuitable or adverse weather conditions will only be done with requests from the client in writing confirming the client is undertaking all job and site risks.

We respectfully ask in the interests of Health & Safety, that the client please make every reasonable effort to remove pet faeces from lawns and borders, and to ensure access points are clear before our visit. Vehicles are ordered off the public highway at the customer’s sole risk. ACS Management Ltd and or ACS Groundscare will charge a separate charge for doing this.

1. Works and projects

  1. All work undertaken will be discussed and agreed prior to the start date.
  2. Estimate for work includes labour unless stated on invoice. All materials and machinery will be priced separately unless noted separately.
  3. The client shall provide water and electricity, if needed, at no charge to ACS Management Ltd and or ACS Groundscare.
  4. The client shall provide access on to site and grant storage space for materials during ACS Management Ltd and or ACS Groundscare’s working hours.
  5. Our working hours are typically 8:00am-4:30pm unless special working hours or night works are agreed in writing. There will be a short break mid-morning and 30 minutes for lunch. We aim to complete an 8 hour day wherever possible, depending on weather and all events within our control. If this is not possible the client will only be invoiced for the hours completed (if a day rate is applicable).
  6. ACS Management Ltd and or ACS Groundscare is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.
  7. If the client adds extra works or unforeseen circumstances arise, then these will be chargeable, subject to a separate estimate being raised. If the measurements given for the garden, by the client, are incorrect, then any extra labour and materials will be noted and charged to the client.
  8. It is very important and the sole responsibility of the Client to ensure we are made aware of any special / statutory / bylaws / conditions / permissions that may be involved.
  9. We accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.
  10. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
  11. If delays have been caused by companies and or circumstances outside of our control, ACS Management Ltd and or ACS Groundscare cannot be held responsible, liable or penalised for these circumstances.
  12. All materials surplus to the work will remain the property of the contractor and will be removed from site upon completion. If the client would like to keep any surplus materials then a charge will apply for each item.
  13. The contract contains the entire understanding and agreement between the parties with respect to the work and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. No oral promises or agreements are a part of this contract.
  14. We shall not be liable for any defects arising from the client’s own actions or lack of care, including without limitation, inadequate watering, deliberate damage, removal or other abuse or damage caused by the client.
  15. Unless specifically included, maintenance shall not be included in our quotation, and watering plants and turf shall become the responsibility of the customer upon hand over of the works. This will be in writing.
  16. All dimensions shown on design plans are approximate (nominal), and drawings should not be scaled from.

2. Payments

  1. The client will be responsible for all payments to ACS Management Ltd and or ACS Groundscare, unless otherwise notified in writing prior to commencement.
  2. The charge will be based upon estimates raised throughout the period of this contract. All estimates must be agreed in writing before commencement. All estimates fall under this contract unless stated otherwise on the individual estimate.
  3. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Payment methods are BACS (Internet bank transfer)
  4. Price to remain fixed until the end of the period state on every estimate. Acceptance before that date will ensure no increase in the cost of the work specified. Any special conditions are noted in the estimate or by covering letter.
  5. We will be entitled to suspend performance of, or terminate the contract if the client fails to pay any sum due to us, in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt, in which case we shall be entitled to payment for all the work carried out and for all goods supplied to the date of the termination or suspension of the contract, and to retain any deposit or interim payment made towards this.

2.1. Under £1000.00 inclusive of VAT

  1. No deposit is required
  2. Full balance will become payable on completion subject to payment terms set out on invoice.
  3. All items remain the property of ACS Management Ltd and or ACS Groundscare until payment is received in full

2.2 £1000.00 to £10,000.00 inclusive of VAT

  1. 25% deposit is required upon acceptance of quotation
  2. Full balance will become payable on completion subject to payment terms set out on invoice.
  3. All items remain the property of ACS Management Ltd and or ACS Groundscare until payment is received in full

2.3 £10,000.00 and above inclusive of VAT

  1. 25% deposit is required upon acceptance of quotation
  2. 50% payable at mid-point
  3. Full balance will become payable on completion subject to payment terms set out on invoice.
  4. All items remain the property of ACS Management Ltd and or ACS Groundscare until payment is received in full

2.4. Cheques

  1. Payments by check carry a £85 handling charge and must be agreed prior to presenting.
  2. All items remain the property of ACS Management Ltd and or ACS Groundscare until payment is received in cleared funds.

2.5. VAT

  1. All ACS Management Ltd invoice carry VAT at the current national rate. It will be shown on all invoices.
  2. ACS Groundscare currently does not carry VAT

3. Rights Reserved

  1. ACS Management Ltd and or ACS Groundscare reserve the right to withdraw from site or cease site works should any payment schedule be missed or withheld.
  2. Overdue payments will be subject to monthly interest of 2% above base rate.
  3. Ownership and title shall remain with ACS Management Ltd and or ACS Groundscare until payment is received in full and has become cleared funds.
  4. The customer agrees to allow all reasonable access to retrieve materials, tools and equipment in an event of non-payment, should all other attempts to reconcile the situation fail.
  5. In an event of non-payment, all site specific hire contracts to ACS Management Ltd and or ACS Groundscare will be terminated, the customer agrees to allow all reasonable access to ACS Management Ltd and or ACS Groundscare and or the specific hire company to remove or retrieve hired in items.
  6. The cost of rehiring and transport will have to be re-costed after full payment has been received and a new agreement must be met before hire in items return.

4. Cancelling Contracts

  1. The client has the right to cancel, without charge, up to 14 days after receipt of Project Acceptance in writing.
  2. Cancelations made within 7 days of the Project start date will be subject to a 10% (+ VAT for ACS Management Ltd clients) cancelation charge for any project with a complete project value of £1,000.00 (less VAT) and under, 5% (+ VAT for ACS Management Ltd clients) on all project values over £1,000.00 (less VAT).
  3. Cancellation of work received within 3 working days of the Project start date will be subject to a charge of 15% of the sub total quoted price (+ VAT for ACS Management Ltd clients). If the original price included a materials payment, this amount will be non-refundable, as materials would have already been purchased. In this case all material purchased will be delivered to the client, subject to a delivery charge and handling fee.

5. What we promise to our clients

ACS Management Ltd and or ACS Groundscare will make all and every effort to our clients to:

  1. Provide a friendly, professional and reliable service.
  2. All workmanship comes with a 12-month guarantee from project completion date.
  3. All hardy plants planted by ACS Management Ltd and or ACS Groundscare will be guaranteed for 12 month providing all ACS Management Ltd and or ACS Groundscare maintenance and advise has been followed. (Referenced above note 22)
    • Hardy plants are defined as a plant that can survive outside from year to year.
    • Plants affected by drought, excessive cold / heat or excessive watering will NOT be guaranteed.
    • Our guarantee is for plant growth – flowering, fruiting, and foliage.
    • Any plant returned must have its original label present.
  4. All other plants will be covered by our standard 3 month guarantee.
  5. ACS Management Ltd and or ACS Groundscare take your privacy very seriously and will only use your personal information to administer your account and provide the products and services you have requested from us. Please visit our website Privacy Policy.

6. Customer Information

  1. ACS Management Ltd reserve the right to pass customer details onto ACS Groundscare and vice versa, unless the customer expressly declines this on the New Client Terms and Conditions. This is a personalised form that outlines this document and the client’s project and engagement terms.

7. Materials

  1. Stone and cements
    1. Some chemicals, salts, de-icers and fertilisers may or could have a lasting and or detrimental effect on stone and or concrete surfaces.
    2. Natural stone and precast products may display textual and colour differences. ACS Management Ltd and or ACS Groundscare cannot be held liable or responsible for any costs attributed to replacement unless they are not fit for purpose and exceed the supplier’s manufacturing tolerances.
    3. ACS Management Ltd and or ACS Groundscare cannot allow customers to pick through crates of stone to select certain products, without prior written notice and agreement.
  2. Woods and natural materials
    1. Timber products may split, twist, deformation or change colour as a result of weather and or environment. ACS Management Ltd and or ACS Groundscare cannot be held liable for any normal change, expected deterioration, change or variation.
    2. All timber products come with a standard 12-month guarantee, longer warranties will only be honoured where covered by manufacturer’s warranties.
    3. ACS Management Ltd and or ACS Groundscare cannot allow customers to pick through materials to select certain products, without prior written notice and agreement.
  3. Man made and other materials
    1. Timber products may change colour as a result of weather and or environment. ACS Management Ltd and or ACS Groundscare cannot be held liable for any normal change, expected deterioration, change or variation.
    2. ACS Management Ltd and or ACS Groundscare cannot allow customers to pick through materials to select certain products, without prior written notice and agreement.

8. Photographs, drawings and Plans

  1. ACS Management Ltd and or ACS Groundscare reserve the right to use photographs, drawings or plans of the project (before, during and after construction) in promotional material. Such promotional material will NOT include any personal information, and client anonymity will be preserved at all times and privacy respected. However, ACS Management Ltd and ACS Groundscare will always seek permission to use images before their use.