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Last updated: 1st October 2025
Welcome to Kinrush Project Specialists!
We’re happy to have the opportunity to collaborate with you on your project. Transparency, trust, and clear communication are core values of our company, and your satisfaction is our top priority.
These Terms and Conditions document clearly outlines our mutual responsibilities and expectations, aiming not only to protect our business but, importantly, to safeguard your interests as our valued client. It represents our commitment to delivering high-quality service and ensuring clarity throughout our relationship.
These Terms and Conditions form part of and apply to all estimates provided by Kinrush Project Specialists (hereafter referred to as the “Contractor”), unless explicitly modified or excluded in writing. The individual(s) named in the estimate who accept and agree to these terms are hereafter referred to as the “Client”.
This document outlines that the Contractor provides professional landscaping services, including but not limited to construction, design, and maintenance. The Client wishes to hire the Contractor to carry out these services according to the Client’s requirements and the Terms and Conditions outlined in this Agreement.
Both the Contractor and the Client agree to the following terms and conditions:
Clear terms for a smooth project.
Because great results start with clear expectations.
The contract documents shall contain the estimate, project plan and any other document referred to in the estimate. Any additional terms, conditions, or changes requested by the Client are not valid unless agreed upon in writing.
1.2.1. The scope of work is limited to the tasks and services specifically described in the quote and/or proposal. Only these items are included in the agreed price, and the Client will only be charged for these defined works. (See Section 2 (Exclusions) for items not included.)
1.2.2. For maintenance services are limited to the specific tasks and frequency described in the quote (e.g. lawn mowing, hedge trimming, pruning, weed control). Only these items are included in the agreed price. Additional tasks outside the agreed schedule will be subject to separate charges.
Acceptance of the estimate means accepting these terms and conditions. This represents a binding contract between the parties. Any attempt to cancel will be subject to the cancellation terms outlined in Section 7. (Referer to section “7. Cancellation and Termination”, for details about fees and circumstances).
All Contracts must be confirmed in writing before work commences. Email confirmation is acceptable provided it includes the date, quote number/reference, and explicit acceptance of these Terms and Conditions. Emails are date stamped so the timing will automatically be recorded, unless other agreement such as a signed physical copy for both parties has been provided.
Quotes are valid for 30 days from date of issue only, unless otherwise stated on quote.
What’s not included, full transparency from the start.
Unless specifically included in the final quote or proposal, the following are excluded from the Contract:
Site Unknowns: Sub-surface conditions or hidden obstacles (e.g. rock, concrete, utilities, tree stumps, or contamination) that require additional labour, equipment, materials, or disposal will be charged as extras.
Any other works not expressly set out in the final quote and/or proposal are excluded from the Contract and will be subject to separate written agreement and charges.
Simple payment plans for a smooth project flow.
3.1.1. All payment must adhere to the following terms unless otherwise agreed upon in writing prior to the commencement of work.
3.1.2. Unless otherwise specified in a separate written agreement, invoices issued by the contractor are due for payment within 7 days of the invoice date. The client invoice will include the issuing date and the invoice due date. The invoice issue date will correspond with the date it was delivered physically or electronically (email) to the client. Invoices can be paid before the due date.
3.1.3. Where a deposit is required, payment must be received in cleared funds no later than 5 business days prior to commencement.
3.1.4. Final balances are due immediately upon completion of works.
The client may be subject to extra costs for any changes made from the original plan, and/or unforeseen circumstances site conditions. All changes must be confirmed in writing before additional work begins.
The Contractor retains ownership of all goods and materials remaining on site until full payment has been received. In the event of non-payment, the Contractor may remove such goods and materials.
If any balance due grows beyond 60 days past due, (without prior agreement), and is placed with a third party collections firm, a collection fee of up to 50% will be added to the balance due, as well as reasonable attorney's fees and court costs, should those be necessary.
Materials and labour will be subject to VAT (Value Added Tax) unless otherwise stated and agreed upon.
We do not provide a detailed breakdown of our costs and estimates as standard, however, when required under special circumstances at our discretion, this may be provided for an additional fee.
3.9.1. Paper Check:
Unfortunately, we cannot accept paper cheques right now. If no other method of payment is possible, this should be brought to notice by the client as soon as feasibly possible, and alternative payment terms will be agreed upon in writing before work commences.
3.9.2. Credit/Debit card:
3.9.3. Cash
For security and administrative reasons, we do not accept cash as a form of payment for services or tips. We encourage you to utilize one of our accepted payment methods, such as paper checks or credit/debit cards, to ensure a secure and streamlined payment process.
We aim for on time, every time, with honest communication.
The Contractor will use reasonable endeavours to complete works within the agreed timeframe. The completion dates provided are estimates and may be influenced by factors beyond the Contractor’s control.
4.2.1. The Contractor shall not be held responsible for delays caused by weather conditions, supply chain issues, material shortages, or other unforeseen circumstances.
4.2.2. Delays in receiving necessary information, approvals, or access from the Client will impact the project timeline.
4.3.1. The Contractor will promptly notify the Client of delays and revised timelines.
4.3.2. The Client must promptly respond to requests for information, decisions, or access to avoid impacting the project timeline.
4.3.3. If delays occur, the work will be rescheduled, and new dates will be agreed upon by both parties.
Any extensions or modifications to the timeline must be agreed upon in writing by both parties.
Flexibility built in: clear steps for any changes along the way.
5.1.1. Changes to the original agreement are welcomed and encouraged. Should you wish to modify or omit certain terms after reviewing this document, we are happy to discuss and confirm these adjustments in writing before work commences.
5.1.2. An additional estimate will be provided to the Client for approval of the Change Order prior to the work being performed. An approved estimate from the Client is required before the additional work can be performed.
If the Client requests changes or additions to the scope of work, the Contractor will issue a change order detailing the nature of the changes, any additional costs, and the impact on the project timeline. The Client must approve the change order in writing before the Contractor proceeds with the additional work.
Any changes or additions to the project scope may result in additional costs, which will be invoiced accordingly. The Contractor will provide a new estimate for any additional work, and the Client must approve this estimate in writing before the additional work is performed.
Approved changes may affect completion dates. Revised timelines will be communicated in writing.
5.5.1. In the event that unforeseen issues arise during the project, the Contractor will notify the Client and issue a change order for any additional work required to address these issues. If it shall become necessary for the Contractor to make changes in any designs, drawings, plans, software, reports or specifications for any part of the project or reasons over which we have no control, or we are put to any extra work, cost or expense by reason of any act or matter over which it has no control, the Client must approve the change order in writing before the Contractor proceeds with the additional work.
5.5.2. The Client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the Contractor shall be entitled to charge for additional work necessary and properly executed by the Contractor to complete the work.
Our promise of quality, backed by care and craftsmanship.
6.1.1 At Kinrush Project Specialists, we take pride in our workmanship. We’re confident in the quality of our services and are pleased to offer a 1-year warranty covering our workmanship and materials under normal use conditions.
6.1.2. Defects arising from workmanship will be remedied by repair or replacement at the Contractor’s option.
The warranty in 6.1 applies only where:
a) Works and materials are used for their intended landscape purpose;
b) No abuse, neglect, misuse or overloading occurs (e.g., vehicles on paving not designed for traffic);
c) Client follows the Maintenance & Care guidance supplied (cleaning, sealing, drainage, vegetation management); Where desired, we may also recommend or schedule ongoing maintenance services to help preserve the quality and extend the lifespan of the works.
d) No alterations or repairs are carried out by others without the Contractor’s written consent;
e) No accidental damage, vandalism, natural disaster, subsidence, flooding, fire or other external forces occur;
f) Materials are not exposed to harmful chemicals, salts or de-icers outside normal weathering.
6.3.1 Manufacturer Warranties. Product warranties from manufacturers apply as stated by them.
6.3.2 Natural Variation.
6.3.3 Grades & Samples.The Client recognizes that all materials come in a range of grades of quality and finishes, and that natural materials are not perfect. Natural wood has knots, and other natural materials have variability in color due to a wide range of factors, and that the sample, while useful in material selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation.
The Contractor shall endeavor to enable the Client to see or understand the representative range of color, surface texture, and related of all the materials seriously considered for installation on a project, however, it will be the responsibility of the Client for the final selection of those materials. Once the selection has been approved by the Client, the Client will be responsible for all costs associated with changing any given material should the Client change their mind during or after material is purchased or constructed.
6.3.4 Client-Chosen Substandard Materials. If the Client directs use of a material the Contractor flags as substandard, the one-year workmanship warranty is limited/void for affected items (confirmed in writing).
6.4.1 Coverage. The Contractor offers a limited warranty for trees, shrubs, and perennials for a period of 90 days from the date of installation. This warranty covers the replacement of plant material that fails to survive due to defects in installation or materials. The Client must follow the provided maintenance and care instructions for the warranty to be valid, subject to 6.2 and 6.6.
6.4.2 Care Requirements. Warranty is conditional on adherence to the Horticultural Care Package and any specific plant care instructions (including watering, winter protection, drainage).
6.4.3 Seasonality & Special Cases.
6.4.4 Availability & Substitution. If specified stock is unavailable, the Contractor will propose substitutes for Client approval.
6.4.5 Plant Health & Disease. On notice of illness, the Contractor will assess and may first treat (fertiliser/herbicide/insecticide). If pre-installation infection is confirmed and treatment fails, remedy is replacement or refund (Due to plant availability, the Client assumes the risk and liability of rare specimens). However, the Contractor reserves the right to remove all or a portion of the warranty depending upon the nature of the source of the plant infections and the approved policies of the Contractor. In all cases, the Contractor shall work with the Client to minimize damage to the existing Contract related plants.
6.4.6 Replacement Timing. The Contractor is entitled to up to one (1) year to source, match and replace dead or ill plants (due to scarcity). The Client reserves the right to either a full refund within one (1) year or wait for a suitable replacement. Should the plant be a matching pair or series, and it is not possible to replace, the Contractor agrees to replace all plants in the series or pair at the Contractor’s cost.
6.4.7 Lawns. All new turf will be locally grown and installed according to traditional standards. For larger lawns that require seeding, only top quality seed and fertiliser will be used. New lawns that are under shade are not guaranteed. New lawns are guaranteed to be healthy at time of installation only; Should new sod be damaged due to animals (pets or wild animals, i.e. raccoons, skunks) the Client will incur all costs for replacement. Sod pegs can be installed for an additional fee to deter animals from causing damage. Pegs are not guaranteed to prevent damage from animals.
6.4.8 Water Plants. Water plants are guaranteed for the same-planted season only.
6.4.9 Exclusions. Weeds present in topsoil/root balls; transplanted material; plants not installed by the Contractor.
6.5.1 Client Duty.
The Client (or representative) to fully inform the Contractor of all site conditions and constraints that may include difficult buried materials, cables, pipes, tree stumps, drainage or water table issues, rock and shale sub-surfaces and/or other impediments, issues or factors that could otherwise impact the quality, cost and timeliness of project completion.
6.5.2 Investigations.
The Client may authorise (and pay for) soil/ground tests and information requests to authorities. Even then, without an engineering survey, underground conditions cannot be guaranteed. The cost(s) of such additional work is not included in the Quotation.
6.5.3 Undisclosed/unforeseen conditions may require design changes, time extensions and additional cost (Contractor’s discretion), all chargeable to the Client.
The Client recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations. The Contractor supplies maintenance specifications for installed materials and horticulture. Failure to use equal/equivalent/superior maintenance methods, tools and resources voids related warranties. Where the Client lacks resources (water pressure, power, etc.), the Contractor may advise solutions, but the Client remains responsible to provide them.
6.7.1 Notice.
Client must notify the Contractor of any issue within 7 days of discovery.
6.7.2 Inspection & Remedy.
The contractor will inspect and determine remedy (repair/replacement/compensation). Replacements are scheduled at the earliest reasonable availability.
No coverage for:
a. Damage caused by lack of care, improper watering, pests, Not attributable to installation.
b. weather conditions, acts of nature.
c.Vandalism/accidents.
d. Plants experiencing seasonal die-back that can be restored through proper care.
e. Weed growth in mulch or topsoil beds due to dormant seeds in the soil.
f. Annuals, transplanted plant material, and plants not originally installed by the Contractor.
g. Any plants repaired, adjusted, moved, or modified by anyone other than the Contractor.
Fair terms if plans change.
7.1.1 As mentioned before, acceptance of the estimate involves acceptance of these terms and conditions of the contract documents. Which means that, any attempt to cancel by the Client will involve the Client being liable to cancellation fees and any loss of expenses incurred as a result at the discretion of the Contractor.
7.1.2. We require written notice for any cancellation to ensure there is a formal record of the request.
7.2.1. Before Work Commences:
7.2.2. After Work Has Commenced but Before Midway:
7.2.3. After Midway Point:
7.2.4. Cost of Special Orders:
Protected every step, for your peace of mind.
8.1.1 Cap & Indirect Loss.
The Contractor is not liable for any delays, costs, or damages resulting from circumstances beyond our reasonable control. In the event of any claim related to the project's performance or completion, the Contractor’s total liability shall be limited to the total amount of this contract. The Contractor shall not be responsible for indirect, incidental, or consequential losses or damages.
8.1.2 Delays/Force Majeure.
No liability for delays, costs or damages arising from events beyond reasonable control (severe weather, landslip, supply chain issues, strikes, etc.). Works will resume and be completed once conditions permit.
Remedies under Section 6 are limited to repair, replacement or compensation for defective workmanship/materials in accordance with that section. No additional or punitive damages.
8.3.1 Underground Services.
Client must provide accurate locations/mark-ups of utilities (gas, electric, water, drainage). The Contractor is not responsible for damage to unmarked/undisclosed services. For any damaged utility, the Contractor’s responsibility is limited to cost of repair only, not inconvenience or consequential loss. Damage to neighbours’ buried utilities located within the Client’s property lines remains the Client’s responsibility.
8.3.2 Best Endeavours.
In unknown circumstances the Contractor uses reasonable skill to estimate locations, but no guarantee can be given.
8.3.3 Access, Parking & Neighbour Permission.
Client to arrange/cover parking permits/fees where required. If access over neighbouring land is needed, obtaining permission is the Client’s responsibility.
8.3.4 Waste/Haulage.
Removal of refuse/debris not listed in the estimate may be charged additionally.
8.3.5 Cleaning.
Dust transfer to buildings/windows/vehicles during construction is unavoidable; cleaning is not included and remains the Client’s responsibility.
After handover, the Client is responsible for care and maintenance. The Contractor is not liable for damage resulting from neglect, improper care or failure to follow provided instructions (cross-reference 6.6).
The Contractor maintains appropriate public liability and employers’/workers’ compensation insurance. Available on request.
The Client shall indemnify and hold the Contractor harmless from claims, losses or damages arising from the Client’s negligence, provision of inaccurate site information, failure to secure permissions/approvals, or third-party actions outside the Contractor’s control.
Clear rights for creative work.
All designs, plans, drawings, reports, and other documents and materials produced by the Contractor in connection with the Services (collectively, the "Work Product") shall remain the property of the Contractor until full payment for the Services has been made by the Client. Upon full payment, the ownership of the Work Product shall transfer to the Client.
The Client receives a non-exclusive license to use the Contractor’s designs, plans, and materials ("Work Product") solely for the purposes of the project on this agreement. The Client is free to make future physical modifications or additions to their property. However, the Client shall not commercially reproduce, distribute, or publicly share the Contractor’s original designs and documents without prior written consent.
9.3.1. The Client authorises the Contractor to photograph and/or record videos during the works and of the completed project for promotional purposes. The Contractor retains full intellectual property rights to these photographs and videos.
9.3.2. The Contractor also retains the right to use the completed Work Product for the purpose of promoting their services, including, but not limited to, use in portfolios, presentations, and marketing materials, provided that any confidential information of the Client is not disclosed.
9.3.3. If the Client wishes to opt out of this authorisation, they must notify the Contractor in writing before work commences, and we will respect the request accordingly.
Any third-party materials included in the Work Product are subject to the ownership and usage rights of those third parties. The Contractor will ensure that any necessary licenses or permissions for the use of third-party materials are obtained and will inform the Client of any usage restrictions.
The Client agrees to protect (indemnify) the Contractor against any claims or legal actions that arise if the Client uses the Contractor’s designs or materials in a way that infringes on someone else's intellectual property rights.
Example: If the Client instructs Kinrush to use a specific brand’s design or trademarked product without permission, the Client agrees to bear responsibility for any resulting legal claims.
Easy to reach, ready to respond.
The Contractor's standard office hours are 7:30 AM to 5:00 PM, Monday to Friday, and Saturdays from 7:30am - 12:30pm excluding public holidays. During these hours, the Contractor will be available to respond to Client inquiries and communications.
The Contractor aims to respond to all Client communications within 24 hours during standard office hours. Communications received outside of standard office hours will be addressed on the next business day.
Preferred communication methods are email sales@kinrush.com and phone +44 744 6822 083. For urgent matters, the Client should use the phone contact.
Meetings can be arranged by appointment during standard office hours. The Client is encouraged to schedule meetings in advance to ensure availability.
The Contractor will inform the Client of any changes to office hours or availability due to holidays, special events, or other circumstances at least one week in advance.
The Client is responsible for providing timely responses to communications from the Contractor. Delays in Client responses may affect the project timeline and completion.
Clear legal foundations to protect us both.
This Agreement shall be governed exclusively by the laws of Ireland/the United Kingdom. Any disputes relating to this Agreement shall be handled by the courts of Ireland/the United Kingdom. Depending on the jurisdiction where the work takes place.
In the event of any dispute arising out of or relating to this Agreement, the Parties agree to first attempt to resolve the dispute through negotiation in good faith. If the dispute cannot be resolved through negotiation, the Parties agree to submit the dispute to mediation or arbitration in Ireland/United Kingdom, before resorting to litigation. The venue for any mediation or arbitration shall be depending on the location in Ireland or the United Kingdom.
The Client is responsible for ensuring compliance with all local laws, regulations, and requirements relevant to the project, including obtaining necessary permits and approvals. The Client shall indemnify and hold harmless the Contractor against any claims, proceedings, losses, or expenses resulting from the Client’s failure to comply with these requirements.
Staying current to serve you better.
Kinrush Project Specialists reserves the right to update or amend these Terms and Conditions at any time to reflect changes in our services, policies, or legal requirements.
The most recent version will always be available on our website and will apply to all new estimates, proposals, and contracts issued after the update date.
For ongoing projects, any material changes will be communicated in writing and agreed upon before taking effect.