Terms of Service
(Last Updated: 1st March, 2021)
SCOPE OF AGREEMENT
1.1 Prices are fixed; this is for the completion of clearly specified tasks/jobs only. By accepting our fixed price, you are agreeing to the tasks/jobs specified, and cannot add further tasks/jobs to the works at a later date. Any extra work/tasks can be carried out - but this will incur additional costs and will likely have to be scheduled in as a separate piece of work.
2.1. The quotation is valid for a period of thirty days from the date shown in the quotation and thereafter lapses automatically.
2.2. Company reserves the right to increase the term/duration of Agreement should the date for completion of the Agreement becomes impossible to attain for reasons wholly or partly beyond their control.
2.3. The quotation is based on conditions known at the time of viewing. The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.
2.4. It should be noted that any attempted or any actual cancellation thereof by the Client may involve the Client in a claim for recovery by Company of any loss or expense incurred as a result, including a claim for loss of profit.
2.5. Hard/soft landscaping/garden maintenance prices/quotations are not open to negotiation.
3. WASTE REMOVAL
3.1 We use a third-party company for waste removal and every sack of green waste will be charged £5.
3.2 Company will include a skip or third-party waste removal company on all jobs if stated on quotation.
3.3 If a permit is needed it will be up to the Client to arrange a skip directly with the skip company.
3.4 Company cannot guarantee the number of skips needed to do a job., and will be the responsibility of the client to order more to finish the job.
3.5 It is between the client and the skip company to resolve any damages caused to the property, public and council areas.
3.6 Company can provide free covering of the skip each day while on site. However, Client is responsible for the lights if a skip is parked on the road.
4. PAYMENT AND INVOICE
4.1. Quotes under £1000.00 - Any remaining payment is due on day of completion.
4.2. Quotes £1000-10,000 - 50% of the remaining balance is due approx. 1 week prior to start or if not requested before start payment is due on start date. Any remaining balance is due on the day of completion.
4.3. Quotes £10000 + As above however a stage payment during build will be requested,
4.4. Title and ownership of materials will not pass to the client until payment has been received in full. Legal proceedings may be taken to recover materials and equipment unpaid for.
4.5. The Client can cancel the Agreement with reasonable notice and in negotiation with the Company. If the Client cancels the Agreement, he/she/they agree(s) to pay any losses and costs the Company suffers because of the cancellation.
4.6. The Company can cancel the Agreement with reasonable notice and in negotiation with the Client. If the Company cancels the Agreement, he must pay the Client any losses or costs suffered because of the cancellation.
4.7. A non-refundable 50% deposit will be required to secure and guarantee a work date in our diary. We will not hold work dates without a deposit.
4.8. The remaining 50% balance is payable upon the day of completion of your any service provided and no later than 30 days after completion.
4.9. Late payment will cause extra charges after 30 days:
3% monthly interest and claim debt recovery costs on late payments.
Amount of debt Debt recovery charge
Up to £999.99 £40
Up to £1000 - £9999 £70
£10000 or more £100
5.1. If the Client fails to give written notice to the Company within 7 days of the Supply of Goods, specifying any fault or dissatisfaction with the Goods then the Goods of the quality and quantity specified in the Agreement shall be deemed to have been delivered to the Buyer and the Buyer shall be bound to pay for the same.
5.2. Defects in Goods shall be notified in accordance with the provisions of Condition, the Client being responsible to examine for defect upon delivery or construction day, and in any event the Company's responsibility to the Client in respect of defects shall be subject to such examination upon delivery thereafter the Company shall be responsible only to pass on, to the extent it is able, the benefit of any warranties or guarantees which the Company has received from the supplier to the limit of such warranties and guarantees but shall have no further obligation to the Client.
5.3. In the case of materials, plants, products or work being defective, the client shall within 30 days after completion, report this to Company in writing. Every Endeavour shall be made to replace the defective plants/products, with the same or similar. Such obligation on the Company is subject to the client having carried out the correct care and maintenance. Any replacements of plants or products after the 30-day period will be for the client’s account.
6.1. Any complaint that the Client has arising from the Agreement works must be reported to the Company in writing within reasonable time no longer than 10 working days of discovery of the problem. The Company will properly investigate any complaint received and if the Company’s work is deemed to be faulty then the Company is liable to conduct extra work as deemed sufficient to remedy the fault at no charge to the Client.
6.2. If no complaint received within reasonable time up to 10 working days, we understand that Client has accepted completed work and we are expecting payment on time as on the quote agreed.
6.3. Complaints will be dealt with by a third-party company.
The Client is responsible for obtaining any necessary consent for the implementation of works as described in the Agreement or specification of works from the local authorities and for ensuring that the implementation of works is in accordance with the provisions of any by-laws. Planning regulations shall not be the responsibility of the Company. The Client is also responsible for confirming ownership of land to be worked upon.
8. DELAY OR DISRUPTION
8.1. The Company will give the Client an estimate of the duration of the Agreement but shall not be liable for any delays for any reason whatever that are beyond the Company’s reasonable control such as adverse weather or adverse or difficult site conditions not reasonably foreseen by the Company. In any such circumstances the Client and Company will negotiate an agreed extension of time.
8.2. the Client wishes to delay the Agreement he/she/they must notify the Company within seven days of the commencement of the Agreement.
Client shall not engage in chit-chat with Company’s landscaping/maintenance team when they are working. Company will be using professional/heavy/ potentially dangerous machinery they need to fully concentrate. Company also will be adhering to a carefully planned work schedule. It is important that Company pays full attention to any task for theirs and your safety. It is vital that our team utilise their time effectively to keep your job on schedule too.
10.1. Company photographs and video all of our landscaping and garden maintenance work before & after. These photographs/videos may be used on our website/Facebook business page/ Twitter account or any other social media as well as regular press media platform. Photographs and videos are used to advertise our business and our work. All photographs are the property of Company.
10.2. The Company reserves the right to publish photographs/videos of our hard/soft landscaping and garden maintenance work on our business website www.gardenio.co.uk, Facebook business page and other social media.
10.3. All photographs sent to Company will become the property of Company and may be used on our website or social media platforms.
The Company shall not be liable for any loss or theft of materials from site. Any additional materials required following damage, loss or theft shall be at the Client’s expense.
12. ADDITIONAL COST
If hidden obstructions, manholes, tree stomps, drainage issues ect. Are encountered during the preparation and / or the ground conditions require more excavation than specified above, there may be an additional cost incurred to cover the work and materials required. These costs will be advised before we proceed.
13. DURATION AND TERMINATION
13.1. This Agreement shall be effective as of the date of payment. The term of the Agreement shall be valid until the completion of services unless it is terminated in accordance with Clause 13(2) or Clause 13(3) of this Agreement.
13.2. The Agreement shall be terminated by Company upon:
A) breach of obligations by You
B) By either party due to an event of Force Majeure which is not overcome in next 20 days;
13.3. In addition to the Clause 13(2), Company shall in addition to any rights or remedies it may have in law or in equity, be entitled to terminate this Agreement on the occurrence of any of the events of default specified in Clause 13(4).
14.1. Client may not assign this Agreement without the prior written consent of Company. If consent is granted, any such assignment by Client shall not increase or alter Company’s obligations nor diminish the Company’s rights, nor relieve Client of its obligation under this Agreement.
4.2. Company reserves the right to assign this Agreement, in whole or in part, to any party, including Company’s affiliates.
4.3. Client shall give Company prompt written notice of any change in its ownership or organization, and changes in the manufacture or production of its client’s products listed on the Website.
14.4. Company shall also give prompt written notice of any change in its ownership or organization.
All communications and notices between the Company & Client shall ordinarily be exchanged through email or in writing.
16. RELATIONSHIP OF THE PARTIES
The Parties are independent entities. Nothing in this Agreement shall constitute a partnership, joint venture, franchise, sales representative or employer-employee relationship between the Parties.
17. FORCE MAJEURE
17.1 Company shall not be liable to Client or deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform its obligations if the delay or failure was due to any cause beyond Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Company’s reasonable control:
A) any act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition;
B) acts, restriction, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, regulatory or local authority;
C) import or export regulations or embargoes;
D) interruption of traffic, strikes, lockouts or other industrial actions or trade disputes (whether involving employees of Company or of a third party); or
E) power failure or breakdown in machinery including software and hardware.
F) shortage or unavailability of materials from a natural source of supply
G) Weather conditions, including snow, hard frost, extreme rain, excessive heat, drought
17.2. Company may at its option fully or partially suspend performance while such circumstances continue and Company shall not be liable for any loss or damage suffered by Client.
18. LIMITATION OF LIABILITY
18.1. Company makes no representations or warranties of any kind, express or implied, as to the provision of Company’s services, or the information, content, materials, products (including software) or other services included on or otherwise made available to Client through this Agreement, unless otherwise specified in writing. To the full extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company will not be liable for any damages of any kind arising from the use of any service by Client, or from any information, content, materials, products or other services included on or otherwise made available to Company through any service, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
18.2. To the extent it is lawful to exclude the following heads of loss and subject to Client’s obligation to pay fees, in no event shall either Party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
19. INTELLECTUAL PROPERTY
All original designs, drawings, specifications, photographs and written material remain the property of the Company. The Company reserves the right to use any such material for promotional purposes or for any other purpose, unless the Client has purchased the copyright.
Neither Party shall will use, copy, adapt, alter or part with possession of any information or material of the other which is disclosed or provided or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which Client can prove was in its possession at the date it was received or obtained or which Client obtains from some other person with good legal title to it.
21.1. This Agreement constitutes the entire Agreement between the Parties and supersedes any and all prior oral and written agreements, negotiations, representations, warranties, statements or undertakings between the Parties with respect to the subject matter hereof.
21.2. If for any reason any provision hereof shall be inoperative, the validity and effect of all the other provisions under this Agreement shall remain unaffected.
21.3. The rights given to the Parties under this Agreement shall be cumulative in nature and any failure to exercise such right shall not constitute a waiver of the same, unless the right has been expressly waived in writing by the party in question.
21.4. We reserve the right to update our terms and conditions at any time.
22. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of UK and the Courts of England shall have exclusive jurisdiction in relation to all disputes arising under or in connection with this Agreement.
Thank you for your time!