Clive’s Gardening Services – Trading Terms and Conditions
Clive’s Gardening Services hereinafter will be referred to as CGS. The client means the person, firm, or company to be supplied with the services and or goods by CGS. The client’s premises mean the premises, land or property on which CGS is invited to work at.
Please read these terms and conditions carefully. They set out our and your legal rights and obligations in relation to our services. By accepting CGS’s estimate, or paying of deposits required and the works starting, the client has deemed to accept all of the terms and conditions listed below.
Scope of work
- The work as detailed shall be carried out to the standard a reasonable person can expect.
- The client is to indicate the line of the boundaries, underground cables and pipes before work commences and CGS accepts no liability whatsoever for any losses or future disputes which the client may have with the owner(s) of neighbouring properties or other parties as a result of works it carries out on or within the boundaries.
- CGS may alter or withdraw any estimate at any time prior to the works being started.
- All estimates are valid for 6 weeks from the date of issue, prices can increase after that date.
- The estimate is the best price at the time of submission taking into account existing site conditions and layout at the time of viewing.
- Acceptance of the estimate supplied signifies acceptance of these terms and conditions and represents a binding contract between both parties.
- Only the work described in the estimate is included. The supply of any other materials or labour costs to carry out such works other than stated within the quotation is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will be agreed by both parties prior to being undertaken.
- No allowance is made in the estimate for any extra work required due to unknown, hidden or underground features.
- CGS reserves the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond its control.
- The client accepts that they will pay CGS the full contract sum (all costs incurred) chargeable under the following agreed contract terms.
One-off garden visits, payment on completion of works. (Cash or BACS)
Regular clients to pay on the day of completion of works. (Cash or BACS)
If a job requires plants and materials to be purchased, CGS will require payment for materials 7 days before the start date. Labour to be paid by BACS or Cash on the day of completion.
Where a job has a labour cost of £1000.00 or more 50% will be required to be paid on the first day of arrival at the job. The balance will be required to be paid on the day of completion.
All skips for the removal of green waste are to be ordered and paid for by the client.
Late Payment and Overdue Accounts
Completed maintenance visits need to be paid for on the day of completion of work. CGS will not return to do another maintenance visit until the account of the previous visit has been settled. If the client is in continuous payment arrears CGS reserve the right to cancel the client’s maintenance visits.
If a client cancels their direct debit/standing order and don’t advise CGS by email or letter 7 days prior to canceling services, the client will still be chargeable for works completed and the client agrees to pay all monies in full.
For payments, 1-month overdue interest will be charged at 8% plus the Bank of England base rate from the date the work was carried out.
When the debt is one month old the debt will be handed over to the CGS debt recovery agency for collecting.
If a debt is unpaid due to a dispute, the debt will go to a debt recovery agency on day 14 after completion of the work.
If a client disputes an invoice after agreeing to the estimate for the requested work at their property and then doesn’t pay in full. After reasonable correspondence with the client, a Money Claim will be raised to retrieve the debt. All charges plus interest will be charged to the client.
No two special offers can be combined.
- The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate. Final parking charges will be added if applicable.
- Materials or plants needed to be purchased in advance and will form part of the first stage deposit, payable seven days in advance of the agreed start date. If this or any invoices are not paid within seven days of being rendered, the client will be deemed to be in default and therefore in breach of contract. CGS will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.
- In the event it is necessary to institute legal recovery of the outstanding sum, the client will be liable to pay CGS’s legal fees in full.
- If the delivery date of goods is delayed by the customer, CGS reserves the right to charge the client the daily labour rate for all staff on site until the material arrives.
- As a result of the client’s change of mind in materials that already delivered on-site is required as a result of a subsequent client change of mind, the client will be solely responsible for payment of all additional costs.
- CGS reserves the right to charge £50 in the event of the client rescheduling or cancelling the appointment at short notice (less than 48 hours prior to the job).
- In the event that the client cancels the gardening service upon arrival at CGS, we reserve the right to charge the full labour cost for that visit.
- If CGS are unable to gain access due to a locked gate, CGS reserve the right to charge the full labour cost for that visit.
- CGS reserves the right to stop the working process or cancel the booking due to adverse weather conditions which are not allowing CGS to perform the required service.
- CGS reserves the right to refuse, cease or stop the service process at any time if any staff of CGS are abused, threatened or disrespected in any way by the client.
- If a client cancels a regular maintenance visit or project partway through, they are liable for any materials not paid for and the complete labour cost for the visit or project.
- The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.
- Access to water and electricity services will be provided by the client at no additional cost to CGS.
- It is the responsibility of the client to make parking arrangements including contacting your district council to request a parking permit or parking bay suspension, if necessary. Any parking fees or fines accrued during the time of the service provided, are to be paid by the client.
- In the event that CGS have to travel a distance further than 3 miles to pick up or drop off the keys of the property, an additional charge may be added.
- CGS shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.
- CGS undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather may hinder progress, and CGS undertakes to keep the client informed.
- The client agrees to allow access to recover goods and materials from the client’s property until payment is made in full.
- CGS is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions, or services, not made known to CGS in writing or apparent to us on visual inspection.
Materials & Plants on Site
- CGS always uses reputable high-quality suppliers for the supply of plants, trees and shrubs. However, it is unable to guarantee its performance once CGS has left
- Plants and turf are only warranted if given in writing (as aftercare is not in CGS control, CGS only guarantee that plants and turf were of the right quality and health when supplied, free advice and return visits to give advice on aftercare are available on request)
- The appearance of finished features is at the discretion of the CGS unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to CGS, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. If a particular variety (i.e. species or cultivar) is not available, a suitable substitute will be selected.
- Natural products may show some colour and/or texture, spatial variations. Therefore, CGS cannot guarantee supplied materials are exact representations of any samples provided.
- CGS will research and take the advice of the supplier as to the best way to lay the material. If there are any problems arising with the product and the supplier advice has been taken, CGS accepts no responsibility, except where it has been improperly installed by CGS.
- Materials delivered to the site and tools left on site become the responsibility of the client. CGS accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason. Delivered plants if not planted immediately will be stowed in an agreed location within the client’s garden. At this stage responsibility for the loss or theft of these plants will rest with the client.
- CGS cannot be held responsible for the fading of colours due to efflorescence which is a natural condition producing very small white particles covering the surface of concrete products. This condition is caused by having calcium hydroxide present as a soluble salt, which leaches to the surface and combines with carbon dioxide in the air to form calcium carbonate (chalk).
- Wood is a natural product and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. CGS cannot be held responsible for the above taking place.
- In extreme changes of weather conditions, certain plants and materials such as terracotta, natural stone and other paving can be affected, suffering damage if not protected. The client should take the necessary precautions to prevent damage as this is out of CGS’s control.
Maintenance after Planting
- All watering of plants, trees, shrubs and turf becomes the responsibility of the client once the contract has been completed. CGS cannot accept any responsibility for the survival once the contract has been completed.
- Any plant failures will be referred back to the plant supplier for attention under their warranty terms.
- CGS day rate is for 8 hours on site. Unless a fixed price quotation has been agreed prior to work commencing we will apply the day rate or hourly rate plus materials and expenses to the client’s invoice.
- If we are required to remove green waste or general waste from the site, this will be subject to charge, as will parking and congestion charges if applicable.
- The collection of non-stock parts and materials is chargeable, but time will be kept to a reasonable minimum. You shall be informed prior to CGS leaving the site where possible.
- For regular maintenance work, please see section 3 for payment terms.
- Pet fouling on lawns or soil. (our expectation is that a client should clear up after their pets before our visit).
- CGS reserve the right to engage sub-contractors should a project require them.
- CGS will agree a date and time with you for the works to commence and we shall use our best endeavours to ensure the operative(s) attend on the time and date. However, we accept no liability in respect of non-attendance or late attendance of CGS or for the late or non-delivery of goods.
- Any date or dates included in our estimate are estimated dates and CGS shall not be in breach of this agreement for failing to start or finish by any date given.
- We shall not be liable for and accept no responsibility for unavoidable damage caused, or any unforeseeable loss you may suffer as a result of the works carried out, nor shall we be liable for any loss of nature that is not caused by our negligence or our breach of the terms of the agreement between us.
- This contract shall be regarded as an English contract and shall be construed and the rights of parties according to the laws of England and Wales. Irrespective of the place of signing this contract, it is deemed to have been made at the contractor’s address and all legal matters arising from this contract will be handled within the area of the contractor’s choice.
- Any accidental or malicious damage caused by the client, their children or any third party during the course of the maintenance may incur an additional repair charge.
- CGS reserves the right to use any photographs produced by us for any future marketing or displays whilst ensuring the anonymity of the client.
- Clive’s Gardening Services has public liability insurance.
- Clive’s Gardening Services is a licensed waste carrier.
Limitation of Liability
- CGS liability to the client under or arising out of or otherwise in connection with the Contract or the supply of Services whether in contract tort (including negligence or breach of statutory duty) or otherwise shall exclude any direct, indirect or consequential damage or loss of any nature except as may otherwise be expressly provided for in this Contract.
- CGS liability to the client for any loss or damage of whatsoever nature howsoever caused shall not in any circumstances exceed the price of the part of the Contract or Services from which the liability arises.
CGS Terms and Conditions is a live document and we reserve the right to update them as and when required. We suggest clients check them regularly.
© Clive’s Gardening Services 2020