Terms & Conditions
These Terms & Conditions apply to any work performed and materials supplied by Plonland (PTY) LTD (“Contractor”) and are incorporated into the estimate/invoice (“Invoice”) provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s acceptance of the Invoice, the Invoice, together with these Terms & Conditions, form a binding contract between the parties. Any payments made to the corresponding Quotation or Invoice is considered as acceptance of that Quotation and or Invoice.
Acceptance of the Quotation (fixed cost) or Estimate/Proposed Budget (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed) means that the Client has read and understood the terms and conditions set out below. Any queries should be clarified before the job specification and associated costings (referred to here as The Contract) are accepted and The Works (the work referred to in The Contract) have begun.
1. Scope of Work. The Contractor shall carry out and complete landscape Works described in the Invoice in a workman like manner and shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties. If there is any discrepancy between any specification and any drawing, the description contained in specifications shall prevail over the drawing.
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2. Permits. The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by Contractor under the Invoice (both governmental and private). Customer represents and warrants to Contractor that all permits and consents have been obtained prior to the scheduled commencement of any work and that the work contained in the Invoice is permitted by all applicable laws.
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3. Quotation. Quotations are valid for 30 days
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4. Invoice. The Invoice provided for landscaping or any other services is valid for 30 days from the time made by Contractor. Acceptance of the Invoice expressly constitutes acceptance of these Terms & Conditions and represents a binding contract between the parties.
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5. Payment. Customer shall pay the Contractor the full amount of the Invoice, including all taxes and fees as follows: (1) 60% deposit payment upon acceptance of the Invoice by the Customer, with the balance due upon completion of the work described in the Invoice. (2) 50% deposit payment upon signing of the Invoice by the Customer, 25% due after seven days after project has started, and the remaining balance due upon completion of the work described in the Invoice. (3) Landscape design and Planting plans. These design costs are charged for as per the individual project and the agreed design fee is to be paid in full before commencement of work. Separate terms and conditions are provided specific to our Design service. (4) If client is billed on a monthly basis, payment is due within 30 days of receipt for the previous month’s services. Payment terms shall be stated on the Invoice.
Late payment of invoices for completed works, beyond our 14 day payment terms, will be subject to a 6.5% monthly interest charge (on all outstanding amounts). In addition a R100.00 administration charge will be added to each subsequent invoice, limited to one per month. Plonland (PTY) LTD, once invoice acceptance (as per Paragraph 1) has been received, the Contractor reserves the right to enforce late payment charges in accordance with these terms and conditions
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6. Sub-Surface & Utilities. The Client should inform the Contractor regarding any sub-surface utilities and sub-structures of former buildings or other hazards or obstructions prior to the commencing of any works. Thereafter the Customer warrants the site is free of underground condition including, without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains and waste materials except as specifically disclosed to Contractor prior to the acceptance of the Invoice. Where latent/underground problems exist the Contractor shall be entitled to charge for additional work/supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied. Customer shall provide Contractor with electricity and water.
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7. Completion. The Contractor will use commercially reasonable efforts to complete a project in the time frame promised. However, Contractor shall not be liable for any delay in the completion of the work under the Invoice. The Contractor excludes liability to the Client for any loss, cost or damage of any kind arising out of or as a consequence of its failure to perform or complete the Works by reason of matters beyond Plonland (PTY) LTD control and which it could not have reasonably foreseen at the date of the Contract.
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8. Materials On-Site. Materials delivered to site become the responsibility of the Customer. The Contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. The Contractor shall have lien on all goods and materials remaining on site until full payment of all monies have been made. The company shall have free access to enter the site to remove such goods and materials. Any material brought to, or removed from the site, that are in excess to the Contractor’s requirements under the Invoice remain the property of and be removable by the Contractor who shall have the right to enter the site for that purpose.
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9. Maintenance after Completion. The Contractor is only obligated to perform the work specified in the Invoice. The proper maintenance of the site shall be the obligation of the Customer following completion of the work by Contractor, unless otherwise agreed in writing by the parties.
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10. Warranties and Exclusions. The Contractor warrants the shrubs and trees supplied by Contractor in connection with the Invoice for a period of six months from the date of planting, provided that such warranty shall be void if the Customer fails to take reasonable care of the plants (including, without limitation, watering, spraying, cultivating, and pruning). Annuals, perennials, and sod, as well as any transplanted materials will not be warranted and are sold AS-IS. The Contractor cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions. Furthermore the Contractor shall not be liable for any damage caused by Acts of God (including, without limitation, extreme cold or draught, flooding, storms, rain, etc.) Contractor’s sole responsibility for any breach of these warranties shall be, at its discretion, to repair or replace it or to issue a refund for the plant or work affected. THE WARRANTY SET FORTH IN THIS SECTION 10 IS STRICTLY LIMITED TO ITS TERMS AND IS (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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11. Damages. Under no circumstances shall Contractor be liable for any special, incidental, or consequential damages.
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12. Concerns. Any concerns or complaints after the Works have been finished should be given to the Contractor within 7 days of completion of Works.
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Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: info@plonland.co.za