Contents
- The Agreement
- Definitions
- Scope of Services
- Quotations and Estimates
- Acceptance and Formation
- Client Responsibilities
- Site Access and Conditions
- Programme and Time
- Variations and Extra Work
- Payment Terms
- Materials and Substitution
- Heritage and Consents
- Planting and Living Materials
- Conduct on Site
- Insurance and Liability
- Defects and Aftercare
- Suspension and Termination
- Intellectual Property
- Website Use
- Confidentiality
- Events Beyond Our Control
- Complaints and Disputes
- Governing Law
- Contact Details
1. The Agreement
These terms form the basis of every engagement between HAE LEGACY DEVELOPMENTS LTD, of 3 Daffodil Drive, Lydney - GL15 5RE, United Kingdom (GB), and the client. They apply to surveys, quotations, staging plans, restoration works, joinery refits, wall repairs and planting schemes unless the parties agree different wording in writing.
Please read them before instructing us. If a provision is unclear we would rather explain it now than argue about it later. Nothing in these terms removes a right that the law gives you and that cannot be excluded by agreement.
2. Definitions
Company means HAE LEGACY DEVELOPMENTS LTD.
Client means the person or organisation instructing the Company, including an agent acting with authority for a property owner.
Services means the survey, planning, restoration, joinery, wall repair and planting work described in a quotation or agreed instruction.
Property means the land and buildings at the address stated in the quotation or instruction.
Quotation means the written offer prepared by the Company describing the Services and the price.
Works means the physical activity carried out on the Property under the agreement.
Business Day means any day other than Saturday, Sunday or a public holiday in England.
3. Scope of Services
The Company provides services connected to the refurbishment and development of period property and its grounds. The principal workstreams are cottage restoration works, garden reinstatements, plot staging plans, period joinery refits, boundary wall repairs and spring planting schemes.
Only the Services described in the Quotation or agreed in a written variation are included. Anything not described is excluded, including structural engineering, electrical installation, gas work, drainage design by a qualified engineer, asbestos removal and the obtaining of planning or listed building consent.
Where the Company arranges a specialist on the behalf of the Client, the arrangement is made as an introduction unless the Quotation states otherwise, and the specialist contracts directly with the Client.
Advice offered during a site walk or in correspondence is given in good faith on the basis of what is visible at the time. It is not a structural survey and must not be relied on as one.
4. Quotations and Estimates
A Quotation is valid for thirty days from its date unless it states a different period. Prices are stated in pounds sterling and exclude value added tax where that tax applies.
A Quotation is based on the information available at the time, including the condition of the Property as observed and any documents supplied by the Client. Where hidden conditions are later discovered, the Company may adjust the price or the scope after discussing the matter with the Client.
Where the Company provides an estimate rather than a fixed Quotation, the final price will reflect the work actually carried out at the agreed rates. The Company will give notice as soon as it appears that an estimate will be exceeded materially.
5. Acceptance and Formation
A contract is formed when the Client accepts a Quotation in writing and the Company confirms acceptance, or when the Company begins work following a clear instruction. The date of confirmation is the commencement date for the agreement.
Where the Client is a consumer, acceptance may be withdrawn within fourteen days of the contract being formed, provided that work has not begun at the express request of the Client. If work has begun, the Client may still cancel but will pay for work carried out and materials ordered up to the point of cancellation.
An agent who instructs the Company confirms that the agent holds the authority of the property owner. The Company may ask for written confirmation of that authority.
6. Client Responsibilities
The Client will provide accurate information about the Property, including known defects, disputes over boundaries, service locations and any restriction affecting the land.
The Client will ensure that the Company has lawful authority to carry out the Works and that any consent required from a landlord, lender, co-owner or local authority has been obtained before work starts.
The Client will make available any survey, plan, title document or maintenance record that may affect the Works, and will tell the Company promptly of any change in circumstances that might affect access or safety.
Where the Client supplies materials, equipment or planting stock, the Client is responsible for their suitability and delivery. The Company may decline to install an item that appears unsafe or unsuitable and will explain why.
The Client remains responsible for the security of personal possessions on the Property and should remove items of value from areas where work is planned.
7. Site Access and Conditions
The Client will provide safe and reasonable access to the Property for the duration of the Works, including parking for vehicles where possible, a supply of water and electricity where required, and a suitable area for storing materials.
Where access is shared with neighbours or crosses third party land, the Client will secure the necessary permission and provide it in writing before the Works begin.
The Company will keep the working area tidy, protect retained finishes where practicable and secure the site at the end of each working day. Ground protection and dust control will be used where the nature of the Works requires it.
If access is obstructed or unsafe, the Company may suspend the relevant part of the Works and charge for time and travel reasonably incurred, after giving notice to the Client.
8. Programme and Time
Dates given for the start and completion of Works are estimates made in good faith. The Company will use reasonable skill and care to meet them but does not guarantee a date where weather, material supply, access restrictions or variations affect progress.
Curing and drying periods for lime, render and timber are part of the programme, not delays. The Company will explain those periods in the Quotation where they are material.
Where a delay is caused by the Client, including late decisions, late access or late payment, the Company may adjust the programme and recover any reasonable additional cost.
9. Variations and Extra Work
A variation is any change to the scope, materials, sequence or timing of the Works. Variations are agreed in writing before the work is carried out, except where urgent safety work is needed.
Where urgent work is necessary to prevent injury or serious damage, the Company may act first and confirm the position with the Client as soon as practicable afterwards. The Client will pay the reasonable cost of that work.
The Company will not carry out variations that it believes are unnecessary, unsafe or likely to breach a consent without raising the concern first.
10. Payment Terms
Invoices are payable within fourteen days of the invoice date unless the Quotation states otherwise. A deposit may be required to reserve materials or a place in the programme, and where a deposit is required this will be stated clearly.
Where the Works extend over a period, the Company may invoice in stages linked to progress. Each stage is separately documented so that the Client can see what has been done.
Interest may be charged on sums that remain unpaid after the due date at the statutory rate applicable to commercial debts. The Company will not charge interest before reminding the Client in writing.
If a payment is disputed in good faith, the Client should pay the undisputed part and tell the Company why the remainder is disputed. The Company will not suspend work over a genuine dispute that is being discussed promptly.
11. Materials and Substitution
Materials are described in the Quotation by type, source and quality where those details matter. Reclaimed stone, brick and timber vary in colour and texture, and the Company cannot guarantee an exact visual match to existing fabric.
Where a specified material becomes unavailable, the Company will propose the nearest suitable alternative and obtain the Client approval before using it. A substitution will not reduce the standard of the finished work.
Materials delivered to the Property remain the responsibility of the Company until they are installed, except where they are supplied by the Client.
12. Heritage and Consents
Some buildings and boundaries are protected by listing or sit within a conservation area. The Client is responsible for obtaining any consent, but the Company will advise when it believes consent is likely to be required and will not proceed with work that would breach a known restriction.
Where a discovery of archaeological or historic interest is made during the Works, the Company will stop the affected work, protect the find and notify the Client so that the proper procedure can be followed.
13. Planting and Living Materials
Plants are living materials. The Company selects stock suited to the soil, exposure and light of the Property and supplies it in good condition, but cannot guarantee that every plant will establish.
Where a plant supplied and installed by the Company fails within the first growing season despite proper care, the Company will replace it once at no charge for the plant, provided that the Client has followed the written aftercare note.
Damage caused by drought, waterlogging, frost, pests, pets or later groundworks is not covered. Bulb and seed stock is supplied as scheduled and is not guaranteed to flower in the first season if planted outside the recommended window.
14. Conduct on Site
The Company will treat the Property and its neighbours with respect. Working hours are kept to reasonable times, noise is controlled where possible, and waste is removed or stored in an agreed position.
The Client will not instruct a member of the Company team to act in a way that is unsafe or unlawful. If such an instruction is given, the team member may decline and refer the matter to the practice.
Any concern about the conduct of a team member should be raised with the practice immediately so that it can be investigated.
15. Insurance and Liability
The Company holds public liability insurance and employer liability cover for the Works. Evidence of cover can be provided on request.
The Company is responsible for loss or damage to the Property caused by its negligence or that of its employees. The Client is responsible for insuring the Property and its contents, and should tell the insurer that work is being carried out.
The Company is not liable for loss that was not foreseeable, for loss of profit or business opportunity, or for damage caused by a defect that the Client was advised about in writing and chose not to address.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or for any other matter that cannot be limited by law.
16. Defects and Aftercare
The Company will correct any defect in its workmanship that appears within twelve months of completion and that is notified in writing promptly and without alteration by others.
The obligation does not cover fair wear and tear, damage by others, misuse, lack of recommended maintenance or the natural movement of an old building that the Company warned about.
Where a defect relates to a specialist or a material supplied by another party, the Company will assist the Client in pursuing the relevant guarantee but does not itself warrant that party work.
Aftercare notes supplied at handover describe simple tasks such as clearing gullies, checking ventilation and watering newly planted areas. Following those notes keeps the guarantee in place.
17. Suspension and Termination
The Company may suspend the Works where an invoice remains overdue, where the site is unsafe, or where necessary information is not provided after a reasonable request. The Client will be told the reason and what is needed to restart.
Either party may end the agreement if the other commits a serious breach and does not remedy it within fourteen days of written notice, or if the other becomes unable to pay its debts.
On termination the Client pays for work carried out and materials ordered up to the date of termination, and the Company returns any Client materials in its possession.
18. Intellectual Property
Drawings, staging plans, survey records, joinery profiles and planting schedules prepared by the Company remain its intellectual property unless the Quotation states otherwise.
The Client is granted a licence to use those documents for the Property and for its own records, but may not sell them or use them to instruct another contractor without written permission.
Photographs taken during the Works may include the Property. The Company will not publish identifiable images of the Property or its owner without permission.
19. Website Use
This website is provided for information. The Company aims to keep it accurate but does not guarantee that every description of a service matches every project, because each Property is different.
You may read, print and share the pages for your own use. You may not copy large parts of the content for commercial use, remove notices, or attempt to disrupt the site.
The enquiry form prepares an email in your own application and does not transmit data to the Company server. You are responsible for reviewing a message before sending it and for the security of your own device and email account.
20. Confidentiality
Each party will keep confidential any information received from the other that is marked or reasonably understood to be confidential. This does not prevent disclosure to a professional adviser, an insurer or a public authority where the law requires it.
The Company handles personal information according to its Privacy Policy, which explains the rights and choices available to individuals.
21. Events Beyond Our Control
The Company is not responsible for delay or failure caused by events outside reasonable control, including severe weather, flooding, utility failure, supplier breakdown, epidemic, industrial action or a change in law.
Where such an event occurs, the Company will tell the Client promptly, mitigate the effect where possible and agree a revised programme. If the event continues for more than three months either party may end the agreement without further liability beyond payment for work already carried out.
22. Complaints and Disputes
If the Client is unhappy with any part of the Services, please raise the matter with the practice as soon as it becomes apparent. Early notice usually allows a simple remedy.
The Company will acknowledge a written complaint within five Business Days, investigate the facts and respond with a proposal. Where a site inspection would help, it will be arranged promptly.
The parties will attempt to resolve any dispute by discussion and, if that fails, may agree to mediation before starting court proceedings. Nothing prevents either party from seeking urgent relief from a court where necessary.
23. Governing Law
These terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute, save that a consumer resident elsewhere may bring proceedings in the courts of the place where the consumer lives.
If any provision is found to be invalid, the remainder of the agreement continues in force and the invalid provision is replaced by one that reflects the original intention as closely as the law allows.
A failure to enforce a right on one occasion does not waive that right for the future.
24. Contact Details
Questions about these terms, a quotation or a project should be sent to the practice at the details below.
HAE LEGACY DEVELOPMENTS LTD
3 Daffodil Drive
Lydney - GL15 5RE
United Kingdom (GB)
Email: legacy@haelegacy.mom
Phone: +13204436180
Website: https://www.haelegacy.mom