Terms & Conditions | JM Landscapes

Terms & Conditions - Last Updated 2021

Please read these terms and conditions carefully before your acceptance of employing our services.

General
By using our services, you accept and agree to be bound by the terms outlined in this agreement. Employment of our services will constitute acceptance of this agreement. If you do not agree to abide by the above please do not use our services.

Should you accept our services you are obligated to make sure that you have the legal rights and permissions to make alterations to the space in which you intend. This is the sole responsibility of the customer and is not the responsibility of JM Landscapes.

This privacy policy is to notify you of how JM Landscapes uses and protects your information that you give to JM Landscapes when using our website or any other correspondence. Please read this privacy policy carefully before using our website or submitting any personal data via our website or any other means of correspondence. Your use of our website and services will constitute acceptance of practices described in our privacy policy.

JM Landscapes reserves the right to update this policy at any time.

Any changes to this policy can be viewed in our website www.jm-landscapes.com

We may collect the following information as volunteered by you...

Name and Address
Contact information including email address
Demographic information such as postcode, preferences and interests.
Other information relevant to the services we offer.
Any other information you provide us with.

This information is required in order to fulfil requests for further information on our services by you. We do not collect information from our customers without their permission, your willingness to pass on information is taken as acceptance and permission. Your name and address will be passed onto our Suppliers in order for them to make deliveries etc. Your information will not be shared with or sold to any other parties unless specifically requested by you in the case that we do not offer a service you can receive from another reputable company, for example; electricians, tree surgeons etc.

We may request to share your address details with another customer who would like to view your garden as a reference of our work, however we will always seek permission from you, the customer, first before passing on any address details.

For more details on our privacy policy specific to our website please follow the privacy policy link on our website.

Basis of Services
Any advice or recommendation given by JM Landscapes and it’s employees to the customer is followed or acted upon completely at the customers own risk.

Any typographical, clerical or other error in any literature, quotation, invoices or other documents issued by JM Landscapes shall be subject to correction without any liability on the part of JM Landscapes.

Acceptance of Services & Price

No agreement of our services shall be deemed accepted by JM Landscapes unless confirmed in writing by JM Landscapes.
The quantity, description and price of services shall be set out in JM Landscapes quotation and will remain unchanged as long as the quotation is agreed upon by you within 30 days of submission of the quotation. However materials are still subject to price increases.
If acceptance of JM Landscapes services is received from you after the 30 days acceptance period as outlined in the quotation our services will be subject to increases.
No agreement to employ our services can be cancelled unless agreed upon by JM Landscapes in writing. A small fee of varying price may be chargeable for the work already carried out by JM Landscapes, including administration and design work, up to the point of cancellation.
Any extra work requested by you that has not been agreed upon in any former quotations will be subject to an extra charge.
All prices stated will be inclusive of VAT.

Payment

Payment must be made within 10 days of receiving the invoice.
Any stage payments must be previously discussed between JM Landscapes and you, the customer, before work commences and confirmed in writing.
We reserve the right to stop all work if a previously agreed stage payment has not been made on or by the stipulated date. Work will not commence until payment is received.
Payment can be made by cash or via online transfer/ internet banking.

Clearance Materials
Clearance materials will be used only when seen and agreed upon by you the customer. JM Landscapes will not be held responsible for the quality of any clearance materials and is therefore not liable to replace of offer a guarantee on these items.

Cancellation
If after confirming you would like work to go ahead you should choose to cancel our services you will be liable to pay a cancellation fee for the work and effort JM Landscapes has already put into your project. This fee will vary dependant on the work and amount of notice given
Your agreement of these terms means you shall notify JM Landscapes of any cancellations as soon as practically responsible. Should you give us a long notice of cancellation before your project we may waiver the cancellation fee.

Guarantee of Services
All workmanship carried out by JM Landscapes is guaranteed up to three years from completion provided that proper maintenance procedures are practiced after completion by you, the customer. This guarantee does not apply to any products, materials or plants installed by JM Landscapes it is a workmanship guarantee only. Products and materials may be covered by a manufacturers warranty/ guarantee however it is the sole responsibility of the customer to enquire and investigate if any such warranties apply prior to installation. We agree to rectify any defects in workmanship within reason free of charge within a period of three years from the completion date of the project within reasonable time of being notified. Please refer to your guarantee certificate for the guarantee validity period.

All guarantee certificates must be signed and returned by post or as an email attachment within 30 days of completion in order for the guarantee to remain valid (applicable from 2021 onwards). Any installation requested to be carried out in a way that is contrary to the advice given by JM Landscapes will void the guarantee. Exclusions will be documented in your guarantee paperwork.

JM Landscapes reserves the right to alter this guarantee at any time and in relation to the specific work being completed as well as in relation to the geographical location of the work. If this guarantee is to be changed due to this you, the customer, shall be notified before work commences.

If it any time during the three year period the work becomes defective due to a defect in workmanship, or fails to meet the requirements of the contract then JM Landscapes, upon request of the customer, will amend any defects without cost of materials or labour to the customer. It is the sole responsibility of JM Landscapes to amend any defects in workmanship.

If, upon inspection, any damage or changes are attributed to any of the reasons listed below it will not be covered by the guarantee.

JM Landscapes is not responsible for any damages caused by as a result of improper care or abuse by the customer.
JM Landscapes is not responsible for any damages attributed to weather or any other acts of God, natural material changes such as staining, discolouring, efflorescence, cracking and chipping, changes in shape such as that might occur in wood and composite deck materials, poured in place concrete, precast concrete, asphalt, natural stone, concrete pavers or brick after installation.
JM Landscapes is also not responsible for damages caused by de-icing salts or any other products applied to any materials installed by anyone other than JM Landscapes.
JM Landscapes is not responsible for any settling or damages caused by ground movement, natural expansion and contraction due to temperature changes and/or freeze & thaw climate cycle specifically on natural stone and/ or concrete paver installations, fence and deck footings and posts or any other timber installations.
JM Landscapes is not responsible for any damages by natural causes or ‘wear and tear’ in high foot/ vehicle traffic areas.

Any alterations or disturbances to installations after completion will invalidate the guarantee.
Any attempt to correct damage by you, the customer, will invalidate the guarantee.
Remedial work will need to be approved by the customer and signed off. Should any damage of the same nature and/ or in the same area be found in the future it will no longer be covered by the guarantee after initial remedial work has been signed off.
Refusal to sign of any remedial work must be documented in writing by you, the customer, stating your reasons for refusal and signed at the time of our visit to complete any remedial work.

Upon completion it is the responsibility of the customer to inspect all installations carried out by JM Landscapes and report and photograph any obvious or visible defects or anything else that is not installed up to the expected standard of the customer with 24 hours. Failure to do so may void the workmanship guarantee. It is the responsibility of the customer to enquire and request any maintenance and cleaning guidelines JM Landscapes recommend.

Maintenance & Care

All installations under this guarantee must be maintained in accordance with the manufacturers and JM Landscapes guidelines. It is the responsibility of the customer to ensure the care give to any installations by JM Landscapes receives proper care and maintenance. This would include being careful with the use of a Jet Wash which when used incorrectly can cause damages that will not be covered by the workmanship guarantee.

Complaints & Remedial Work Process

In the event of a problem you believe to be the direct consequence of a defect in workmanship please check (as far as practical) that there is no obvious cause for the problem.

If upon further inspection you still believe the problem to be a result of defective workmanship please contact Megan at JM Landscapes with details of the nature of the defect as well as forwarding images for our records. All complaints must be made in writing and must contain photographic evidence. Any suspected problems must be reported straight away. If we suspect a problem has been left after discovery and as a result suffers further damage JM Landscapes reserves the right to refuse correcting the problem free of charge.

Once you have contacted us with images of the problem and it can not be reasonably attributed to any of the reasons listed in the terms and conditions, JM Landscapes will arrange to visit free of charge and inspect any damage only under the supervision of the customer. However if, upon inspection, the cause is to determined to not be a direct consequence of defective workmanship a call out charge of £30.00 may be applicable.

Once a defect in workmanship has been identified a second visit will be arranged to rectify any necessary remedial work free of charge only under the supervision of the customer. Before going ahead with any remedial work the solution must first be discussed and agreed on with the customer. Then once remedial work is complete JM Landscapes will ask you to inspect the work and sign and date the complaints paperwork. Your signature will constitute agreement that the remedial work has been completed to you expected standards and your agreement that any possible future issues in the same area or locality will no longer be covered by the workmanship guarantee.

Should you refuse to sign off the approval paperwork for any remedial work carried out you must document it in writing at the time of our visit, clearly stating your reasons for refusal on page 2 of the complaints paperwork. Any refusal seen to be a contradiction of the solution previously discussed and approved by you, the customer, will be void. Following refusal to sign off any remedial work JM Landscapes reserves the right to refuse further repairs where the customers reasons are deemed unreasonable.