SCR Ponds & Landscaping Terms and Conditions of Business
1. Definitions
- “The Company” means SCR Ponds & Landscaping.
- “The Client” means the individual or organisation commissioning the Works.
- “Works” means all landscaping, pond, water feature, and associated construction activities as described in the Quotation.
- “Quotation” means the written scope and price issued by the Company.
2. Scope of Works
2.1 The Works shall be carried out strictly in accordance with the agreed Quotation and any subsequent written variations.
2.2 Any items not expressly stated in the Quotation are excluded.
2.3 Landscaping and pond construction works are undertaken based on assumptions relating to visible site conditions, access, and existing structures.
3. Pricing & Estimates
3.1 Prices are based on site conditions apparent at the time of quotation.
3.2 Should unforeseen conditions arise (including but not limited to buried obstructions, unstable ground, unidentified services, or excessive groundwater), the Company reserves the right to issue a variation.
3.3 Variations will be agreed in writing prior to additional works being undertaken wherever reasonably practicable.
4. Payment Terms
4.1 A deposit may be required prior to commencement of Works.
4.2 Interim or staged payments may be required for larger projects.
4.3 Final payment is due upon practical completion unless otherwise agreed in writing.
4.4 Late payments may incur statutory interest and recovery costs in accordance with the Late Payment of Commercial Debts legislation.
5. Programme & Delays
5.1 All start dates and durations are estimates only.
5.2 Delays may occur due to weather conditions, supplier delays, access restrictions, or unforeseen site conditions.
5.3 The Company shall not be liable for delays outside its reasonable control.
6. Guarantees & Warranties
6.1 Workmanship Guarantee
The Company provides a 6-year guarantee on workmanship, limited strictly to defects arising directly from faulty installation carried out by the Company.
6.2 Exclusions from Guarantee
This guarantee does not cover defects, failures, or damage arising from, or contributed to by:
- Ground movement, subsidence, heave, settlement, shrinkage, or expansion of soils
- Tree roots, vegetation, burrowing animals, pests, or wildlife
- Structural movement of adjacent buildings, walls, retaining structures, or hard landscaping
- Extreme or abnormal weather conditions, flooding, drought, frost, freeze–thaw cycles, or prolonged dry periods
- Wear and tear, ageing, or natural deterioration of materials
- Incorrect use, abuse, neglect, alteration, or interference by the Client or third parties
- Failure to maintain the pond, landscape, or associated systems in accordance with guidance provided
or any other cause of a similar nature that is outside the reasonable control of the Company and not attributable to defective workmanship.
6.3 Manufacturer Warranties
All pumps, liners, filters, lighting, and equipment supplied are subject solely to manufacturer warranties. The Company acts as installer only and does not extend, replace, or underwrite such warranties.
7. Living Systems & Natural Materials
7.1 Ponds and water features are living ecosystems and are subject to seasonal, biological, and environmental variation.
7.2 The Company does not guarantee permanent water clarity, absence of algae, plant survival, growth rates, or wildlife behaviour.
7.3 Natural materials such as stone, timber, slate, and gravel will vary in colour, texture, and weathering over time.
8. Client Responsibilities
The Client is responsible for:
- Providing clear and safe access to the site
- Identifying known services, drains, or underground structures
- Obtaining any necessary permissions, approvals, or consents
- Ongoing care and maintenance following completion of the Works
9. Welfare & Site Facilities
9.1 The Client shall provide reasonable access to welfare facilities for the duration of the Works, including use of a toilet and hand-washing facilities, unless otherwise agreed in writing.
9.2 Where welfare facilities are not available, the Company reserves the right to make alternative arrangements (including provision of a portable welfare unit) and recover any reasonable associated costs from the Client, or adjust the programme accordingly.
9.3 Refusal or withdrawal of agreed welfare facilities may be treated as a site access restriction and may result in delays or additional costs.
10. Planning Permission & Statutory Consents
10.1 The Client is solely responsible for determining whether planning permission, building regulations approval, listed building consent, conservation area consent, or any other statutory approval is required for the Works.
10.2 The Company does not provide planning or legal advice and makes no representation that the Works are permitted development unless expressly stated in writing.
10.3 Where permission or consent is required, the Client shall ensure that all necessary approvals are obtained prior to commencement of the Works.
10.4 The Company shall not be liable for delays, enforcement action, alterations, removal of Works, or additional costs arising from a failure to obtain the required permissions or approvals.
10.5 Any delays or variations resulting from planning or regulatory matters shall be treated as a variation and may be chargeable.
11. Underground Services & Utilities
11.1 The Client is responsible for identifying and, where possible, marking the location of all known underground services, including but not limited to water, electricity, gas, drainage, data, irrigation, and private services.
11.2 The Company shall not be liable for damage to underground services that are unrecorded, incorrectly recorded, inadequately protected, or not reasonably visible at the time of works.
11.3 Where unknown services are encountered, the Company reserves the right to suspend works, alter the method of construction, or issue a variation to allow for safe resolution.
11.4 Any delays or additional costs arising from unidentified or inaccurately identified services shall be chargeable to the Client.
12. Maintenance & Aftercare
12.1 Maintenance is excluded unless expressly stated in the Quotation.
12.2 Failure to carry out appropriate maintenance may invalidate guarantees.
13. Waste, Spoil & Site Conditions
13.1 Removal and disposal of waste materials is included only where expressly stated.
13.2 Excavated material may be retained on site unless removal is specified in the Quotation.
14. Cancellation
14.1 Domestic Clients may have statutory cancellation rights under the Consumer Contracts Regulations where applicable.
14.2 Where materials have been ordered or Works commenced, reasonable costs incurred may be charged.
15. Limitation of Liability
15.1 The Company’s liability shall be limited to the value of the Works carried out.
15.2 The Company shall not be liable for indirect, consequential, or economic losses.
16. Marketing & Photography
16.1 The Company reserves the right to photograph and record completed Works for marketing and promotional purposes unless otherwise agreed in writing.
17. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.
SCR Ponds & Landscaping 