TERMS AND CONDITIONS
Thank you for choosing Helyers to carry out your works. These notes explain what you can expect from us and what we, in turn, expect from you, the customer. All contracts depend upon the willingness of buyer and seller to achieve mutual satisfaction.
QUOTATIONS, ACCEPTANCE & VARIATIONS
All quotations will be confirmed in writing on Helyers headed paper and are valid for a period of 3 months from the date of issue.
Slight design changes from the initial plan may occur due to ground conditions, evolution of design as the work is undertaken and the project unfolds. All measurements to be checked on site.
Should any variations to the quotations be required, Helyers will notify you in writing via a revised quotation, of any cost increases or savings. Any items not clearly stated will not be undertaken. Any items not clearly stated on the quotation but carried out will be chargeable. Additional work carried out during the project and that does not appear on the quotation is chargeable.
Written acceptance of the quotation is required in the form of a completed acceptance form, email confirmation will also be accepted. This is to be returned as soon as is possible for us to be able to propose start dates to you.
It is the customer’s responsibility to advise Helyers of any mains services, such as electricity, gas or telecommunications, not buried to the statutory depth, or indeed any matter of potential concern regarding Health & Safety prior to our arrival on site. Helyers will not accept any responsibility for damage or interruption of any service of which we have not been notified in writing.
Customers are respectfully asked to ensure their garden/property is cleared of all and any belongings as Helyers cannot take responsibility for pots or furniture if this is in the way of the project.
It is the customers responsibility to advise neighbours of the works and discuss and boundary concerns before Helyers arrive to complete the works.
Customers re respectfully asked to ensure all pets are appropriately managed during our time on site, and all waste is cleared before we visit
Maintenance to the newly installed garden is not included in our quotation. Maintenance becomes the responsibility of the customer upon practical completion of the works.
Our quotations do not include outside electrical work.
Sealing is an additional cost.
CANCELLING YOUR CONTRACT
The customer has the right to cancel the contract without charge at any time prior to 14 days before the contract starts. Cancellations made within the final 14 days before commencement shall incur a cancellation charge of 5% of the agreed contract value. Helyers respectfully request that this be done in writing, by letter or email.
PROJECT DELAYS
Delays to the project due to third party contractors is not Helyers fault and payment cannot be with held relating to third party contracts.
Should the project be delayed due to the customers inability to make a choice / decision / alterations to the design in a timely manner ensuring the project remains to time, could result in daily charges added to the invoice upon completion.
WHILST THE CONTRACT IS RUNNING
There may be situations caused by adverse weather or ground conditions which may require us to reschedule your works. In this instance, Helyers will keep you advised, but can unfortunately accept no liability for any costs incurred by the customer should this happen.
We respectfully ask in the interests of Health & Safety, that the customer please make every reasonable effort to remove pet faeces from lawns and borders, and to ensure access points are clear before work commences. Vehicles are ordered off the public highway at the customer’s sole risk.
Helyers will require full use of your driveway throughout the duration of the contract.
For Health and Safety reasons, whilst Helyers are undertaking the contract, you are reminded that this is a working construction site and unsuitable for use by anyone (including pets) other than Helyers. Customers are also respectfully asked to ensure all animals and pets are managed during the project and kept safely inside, and areas are suitably clean of pet and animal fiscus.
Helyers cannot be held responsible for any accidents or damages occurred by the use of the garden or in the garden or property during the
duration of construction. We therefore request that all breakables and personal belongings are safely moved and stored out of the area being worked in. This is the customers responsibility.
The customer will supply all necessary water and electricity for the carrying out of the agreed work without charge to Helyers.
Helyers only choose to work with reputable 3rd party contractors but cannot be held responsible for any delays or damages caused by these contractors whilst on site. And if a third-party contractor is used and the customer is paying them directly – therefore payment of Helyers invoices should not be delayed due to third party involvement.
Helyers cannot be responsible for any damaged caused by pets or wildlife either while the contract is running or once completed.
Helyers advise that the client should be available on site most days to discuss the project as it progresses and while the contract is running.
PLANTING
All plants supplied by Helyers are guaranteed for 3 months, from the day of planting and on the condition that they are regularly/appropriately watered and cared for by the customer. During extreme weather we recommend taking appropriate action / care to protect the plants, for example fleecing in the winter and offering shade in the summer. Helyers cannot be held responsible for severe weather conditions, such as hot temperatures, cold temperatures, or high winds. Should a replacement plant be required which is not available Helyers respectfully reserve the right to provide a suitable alternative
Helyers accept no responsibility for defects over and above failing to break out into leaf unless a formal maintenance contract is entered.
Should plants or planting be delayed this amount will be deducted from the final balance and can be kept by the customer until this element of the works has been completed. All other monies must be paid. Planting costs should not delay the payment of the invoice.
YOUR PAYMENT TO US
All projects require a 25% deposit prior to commencement of work and will be invoiced a week before work starts. A further 50% of the payment is required halfway through the works, the remaining balance shall then become payable on mutually satisfactory completion.
Helyers respectfully requests that all invoices for domestic clients be settled in full within 7 calendar days of completion of works.
Title and ownership of materials shall not pass to the customer until full payment has been received. The customer agrees to allow Helyers reasonable access to retrieve such materials in the event of non- payment, should all other attempts at reconciliation fail.
Any and all works carried out that are not detailed on the quotation will be added to the final invoice unless there is an agreement in writing for the additional works.
Planting delays should not hold up payment of the invoice.
Any remedials will be carried out in a timely manner in line with the invoice being paid in full and the warranty.
Helyers shall not accept retention upon domestic contracts unless a specified retainer has been agreed. It must be noted that all goods remain the property of Helyers until all monies have been paid.
HELYERS PROMISE TO YOU
All workmanship comes with a 24-month guarantee from completion.
PRODUCT CHOICE
Some precast and stone products including natural sandstones and porcelain, blocks and bricks and from time to time batches may display colour or texture variation. Helyers shall not be liable for any cost involved in the replacement of these products once installed. Helyers will not be held liable for various batches or colour discrepancies with in batches within the same project. Helyers will not be held liable for the normal, expected deterioration or variation of such products, including fading due to efflorescence (calcium carbonate deposits). Should you choose to have sealing, Helyers will not be held liable or responsible for the change in appearance that this can cause. Helyers offers samples to look at but recommends customers do further investigations into product choice, as large areas can appear different to looking at single slabs.
Should you choose to use timber products in your project, please be mindful that it is a natural product. Helyers will not be responsible for replacing timber products if splitting, warping or colour variation occurs due to weathering and/or drying out.