Payment terms are 70% on acceptance of quote, 30% completion. Receipt of a deposit will be seen as acceptance of our terms and conditions. Terms and conditions can be found on our website and are included with all BOQ’s & proposals.
Should additional changes be made after commencement of said project, a new revised BOQ will be sent and updated agreement.
- Unless the context indicates the contrary, the following words shall have the following meanings assigned to them.
1.1. Contractor shall mean GREEN CREATIONS LANDSCAPING
1.2. Client shall mean the Purchaser whose details appear on the front hereof.
1.3. Parties shall mean the Contractor and the Client.
1.4. The masculine shall include the feminine and neuter and the singular shall include the plural.
- General
Upon payment of a deposit by the Client, a binding agreement shall arise upon the terms and conditions set out hereinafter. Any stipulation or condition in any order or acceptance by the Client which conflicts with these conditions shall not be valid.
- Validity of Quotation
Quotations are valid for a period of three (3) weeks. If not accepted, it shall become null and void. However, if a plan of the garden design is retained by the client for any time, this will require payment from the client, even if the installation quote is not accepted.
- Terms of Payment
A deposit of 70% of the total is payable on acceptance of this quote, unless otherwise agreed, and the final balance is due on completion. If at any time during the agreement the terms of payment are not adhered to, the Contractor reserves the right to cancel all outstanding work or uncompleted work. The Client shall be obliged to make payment of the outstanding amount. The ownership of the goods shall remain vested in the Contractor until the goods have been paid for in full. The balance of 30% is payable immediately on handover. All prices are exclusive of VAT unless stated otherwise.
- Access
The Client always undertakes to give access to the garden, to the Contractor to carry out the contract. Interference or obstruction from other contractors employed by the Client may cause delays and/or damage, for which we shall not take responsibility. Costs of any such delays will be for the client’s account.
- Ablutions
The Client undertakes to provide ablution facilities for our team on-site. The Contractor undertakes to leave such facilities in the condition that they were always found.
- Delivery
The Contractor shall endeavour to deliver plants and materials to the site and complete work timely. However, delays due to circumstances beyond our control may cause the contract time to be extended, and the Client shall give further access to complete the contract.
- Risk
The risk of loss or damage to plants and materials shall pass to the Client from the time of delivery of the plants. The Contractor shall not be responsible beyond this point for any damage to plants or materials by hail, frost, theft, or other natural forces out of Green Creations Landscaping control. Additionally, any damage to plants caused by a change of position on-site required by the client after acceptance of the plan will be for the client’s account. Green Creations shall not be held responsible or liable for any damage, deterioration, or loss of plants, shrubs, or trees resulting from unforeseen events, acts of nature, or insufficient care by the client, including but not limited to inadequate watering or overwatering. It is the client’s responsibility to provide appropriate and timely care for the landscaping elements. The client understands and agrees that Green Creations Landscaping shall not be liable for any costs, damages, or losses incurred due to such occurrences.
- Defects
In the case of plants or products being defective, the Client shall within 10 days after handover or receipt of the final invoice, report this to the Contractor in writing. Every endeavour shall be made to replace the defective plants/products with the same or similar. Such an obligation on the Contractor is subject to the Client having carried out the correct care and maintenance. Any replacements of plants or products after the 10-day period will be for the Client’s account.
- Errors and Omissions Excepted (E&OE)
Green Creations makes every effort to ensure the accuracy and completeness of the information provided in our documentation, including quotes, invoices, and other materials. However, Green Creations shall not be held liable for any errors, measurement inaccuracies, or omissions in the provided information. The Client acknowledges that any discrepancies or errors identified will be promptly rectified by Green Creations to the best of our ability upon notification.
- Underground Risk
Unless a site plan is given to the Contractor stating clearly where all pipes, cables, etc., are situated, no responsibility shall be held by the Contractor, and any damage arising shall be for the Client’s account. Of course, we shall endeavour to avoid this situation from occurring wherever possible. Should underlying rock or building rubble be found after the quotation, the Contractor will re-evaluate the situation and the cost implications for the removal of such rubble. This shall be for the Client’s account over and above the original quote.
- Rubble Removal
Rubble removal is quoted for separately and is based on the estimated number of removals. Should more removals be required, then the additional charges will be for the Client’s account.
- Building and Construction
Building and construction costs are based on estimated linear meters or square meters. Should any changes to the design require additional construction, these will be for the account of the Client.
- Large Trees Ex Ground
Green Creations will quote on large trees ex ground (i.e., mature trees) if the Client requires this. The Client must be aware that there is a higher risk of these larger trees dying, and the contract of purchase shall be directly between the supplier of the said large trees ex ground and the Client, with Green Creations facilitating. Any guarantees shall be provided between the Client and the supplier. Any repairs or maintenance required by Green Creations, should these large trees need to be replaced, will be for the Client’s account.
- Irrigation
Irrigation parts will be guaranteed for one year after handover by the subcontractor. Thereafter any repairs will be charged at our irrigation company’s standard call-out fee plus any material costs incurred. The irrigation computer is subject to the supplier’s warranty and will be replaced accordingly.
- Water Features
The pumps are supplied subject to the manufacturer’s guarantee, which is generally one year, provided a top-up or float valve is installed. All other water feature components are supplied with a 3-month guarantee after the handover date. After the 30-day guarantee period, all costs associated with repairing the water feature will be for the client’s account.
- Structural Construction
Any structural construction by Green Creations, for example, retaining walls, will have a one-year guarantee.
- Drainage
Any additional work required during the project for drainage purposes will be for the Client’s account.
- Electrical Work
Electrical work will be contracted out to a reputable electrical company and will be subject to their conditions and guarantees. Any replacements or repairs thereafter will be for the Client’s account. This includes the replacement of globes and consumables.
- Paving
Green Creations will provide pictures or samples to the Client for paving to be used. The Client’s agreement to the use of these products will be required before a subcontractor is appointed. Costs relating to any changes thereafter will be for the Client’s account.
- Decking
Green Creations uses subcontractors for decking. The decking supplier’s guarantee will be applicable to the Client.
- Building Sites
It is the responsibility of the developer/builder to clear the sites before project installation. However, should the Client wish to have Green Creations clear the site, this will be quoted on. Any costs incurred by Green Creations because of the developer/builder will be for the Client’s account. This includes, but is not limited to, additional rubble removal over that quoted on, delays in finishing the project due to construction, damage to plants or materials, and any other additional costs incurred by Green Creations. We generally recommend that the landscaping project commences when the builders have completed their work and are off-site.
- Management of Changes on Site
The quote is detailed to provide a transparent schedule of costs to the clients. Any changes thereto will require changes to the quote, and additional costs relating to these changes will be for the Client’s account. Green Creations Landscaping will endeavour to ensure that the Client is informed of such costs during the project. A variation order/extra order will be documented on-site or confirmed by e-mail as soon as possible.
- Project Completion Timeline
Green Creations will provide an estimated timeline for project completion upon acceptance of the quote. Any delays caused by unforeseen circumstances or factors beyond the control of Green Creations may result in an extension of the project completion timeline. The Client will be promptly notified of any such delays.
- Exclusion of Liability
The Contractor’s liability for damage caused by it, its employees, or subcontractors shall in all circumstances be limited to the value of the contract, notwithstanding that such damages arose from negligence, whether gross or otherwise. The Contractor shall, in any event, not be liable for consequential damages of any kind and howsoever caused, or for injury to any person howsoever caused. The Contractor shall also not be liable for any loss, injury, or damage caused by its subcontractors.
- Permit and Approval
The Client acknowledges and agrees that it is their responsibility to obtain any necessary permits, licenses, or approvals required for the completion of the project. Green Creations shall not be held liable for any delays or additional costs incurred as a result of the Client’s failure to obtain such permits or approvals.
- Cancellation Policy
In the event of cancellation of the project by the Client, Green Creations reserves the right to charge a cancellation fee, which shall be communicated to the Client upon cancellation. The Client acknowledges that such fees are necessary to cover costs incurred up to the point of cancellation.
- Changes to Terms and Conditions
Green Creations reserves the right to modify or amend these terms and conditions at any time. Any such modifications or amendments will be communicated to the Client in writing. The continued use of Green Creations’ services following any changes to the terms and conditions shall constitute the Client’s acceptance of the modified terms.
- Severability
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The Parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the original intent of the agreement.
- Failure to Pay Balance
Should the client fail to pay the outstanding balance by the agreed-upon date for any reason, the company reserves the right to charge interest at a rate of 10% per week (7 days), compounded weekly, on the overdue amount until the balance is fully settled.
If the client does not pay the balance invoice, the company may initiate appropriate actions, including but not limited to, engaging a collections agency or pursuing legal recourse to recover the outstanding balance. Any costs incurred in the process of collection will be the responsibility of the client.
Green Creations reserves the right to suspend services or withhold delivery of products until all outstanding payments, including accrued interest and any associated collection costs, are settled in full. Additionally, the client agrees to be responsible for any reasonable attorney fees, court costs, or other expenses incurred by the company in the enforcement of these terms and conditions.
Ownership of Materials, Plants, and Goods: In the event of non-payment, the company retains full ownership of all materials, plants, and goods supplied to the client until full settlement of the outstanding balance. The client agrees that the company reserves the right, at any time after the due date, to reclaim and retrieve any unpaid materials, plants, or goods from the client’s premises or any other location where the company’s property may be stored. The client shall bear any costs incurred by the company in the process of reclaiming these items, including but not limited to transportation, storage, and handling fees. The company shall not be liable for any damage caused during the retrieval process.
- Domicilium
The Client hereby chooses domicilium citandi et executandi at the address set out on the quotation for the services of any notice, process, summons issued in connection with this agreement.
- Jurisdiction
The parties hereby consent to the jurisdiction of the magistrate court in respect of any dispute arising out of or in connection with this contract. Disputes can, however, be put to arbitration by the South African Landscape Institute (SALI) should the parties wish to settle a dispute out of court. This agreement constitutes the entire agreement between the parties, and the Client acknowledges that there are no collateral oral agreements or conditions in any way varying this contract. Any terms or conditions varying or consensually cancelling this agreement shall be in writing and signed by both parties hereto. In the event of any dispute arising under or in connection with this agreement, the Parties agree to attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiation, either Party may elect to initiate arbitration or pursue other legal remedies as permitted by law.