OUR TERMS & CONDITIONS

DEFINITIONS

"Client" means the individual or organisation who buys or agrees to buy Goods or Services from the Contractor.

"Contractor" means the person or company detailed in the Service Agreement or Quotation.

"Contract" means the contract between the Contractor and the Client for the purchase of Goods or Services comprising this Service Agreement and any Quotation.

"Services" means the written agreement between the Client and the Contractor. 

"Site" means the site where the Services will be performed.

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"Terms and Conditions" means the terms and conditions set out herein.

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"Service Agreement" means the terms and conditions set out herein.

"Quotation" means the Contractor's written quotation for the Contract work to which the Terms and Conditions of this Service Agreement apply. 

QUOTATIONS / SPECIFICATIONS

Quotations/specifications shall be open for acceptance during the period set out in the Quotation. If after acceptance of the Quotation by the Client the cost to the Contractor of carrying out the Contract work is increased by reason of increases in the cost of materials, labour or any factor outside the control of the Contractor, the Contractor shall notify the Client of the price increase before undertaking any further work. 

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COMPENSATION

Invoices submitted by the Contractor to the Client are due no later than three days of receipt of the invoice and will be paid to the Contractor via Bank Transfer / Standing Order / Credit or Debit Card or Cash.

The Contractor reserves its right to charge interest at the current rate of the Bank of England on all outstanding sums from the due date until payment. Where any payment is outstanding, without prejudice to such other rights and remedies as may be available, the Contractor shall not be obliged to provide any further Services whatsoever to the Client and shall be entitled to cancel the Service Agreement with immediate effect.

GENERAL CONDITIONS

The Contractor will carry out and complete the work detailed in this Service Agreement in a good and workmanlike manner.

The Contractor will carry out the work while soil and weather conditions are suitable for the relevant operations.

The Contractor will use only machinery and tools suitable for the Site conditions and the work to be carried out.

Unless otherwise agreed, all Goods will be delivered to the Site. 

The Client shall notify the Contractor of any known hazards or obstructions on the Site prior to submission of a Quotation. The Contractor will promptly notify the Client of the discovery of any obstructions or hazards during the course of the work and advise on the implications of the discovery of such obstructions or hazards, if any. 

The Client must provide electricity and water on the Site if required by the Contractor. The cost of providing electricity and water will be borne by the Client. 

The Client will allow the Contractor access to the Site within the agreed working hours and throughout the agreed time period.

If the Client provides on Site storage they will ensure that the facility is safe and secure. 

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The Contractor can only be held liable for the extent of works carried out by The Contractor. No liability shall be accepted in respect of defects in existing installations. The Contractor shall not be held responsible for any loss or damage to property, materials, or injuries to individuals caused by the personal actions of the Client or other household members or guests before, during, or after such works have been carried out.

HEALTH AND SAFETY 

The Contractor will take all reasonable steps to minimise environmental disturbance, nuisance and pollution. Noise may however be unavoidable due to the operation of machinery.

The Contractor will carry out a Site risk assessment and will ensure that all applicable health and safety regulations are met.

CONSENTS

The Client is responsible for obtaining any necessary consents for the implementation of the work from the relevant authorities and for ensuring that the implementation of the work complies with all applicable laws. 

DURATION OF WORK 

The Contractor will provide the Client with an estimate/specification of the likely duration of the work. Any dates or time scales given are approximate only.

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Notwithstanding any other term of this Contract, the Contractor shall not be liable for any delay in delivery of the Goods or performance of the Services and time shall not be of the essence of this Service Agreement.

PLANTING MATERIAL 

The Client shall be responsible for the maintenance of all living material following the completion of the work.

If specific plant material is unavailable the Contractor will provide a suitable alternative with the agreement of the Client.

GREEN WASTE REMOVAL

The Contractor holds a green waste carriers license, under registration number CBDL329380.

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Unless otherwise specified in the Service Agreement, Quotation or agreed with the Client, the Contractor will provide a quotation detailing the cost to remove green waste from the Site.  

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If the removal of waste is required, only green waste will be removed from the Site at the agreed cost. Any additional/mixed waste can be removed at an additional cost.  

IRRIGATION 

Unless otherwise specified in the Service Agreement, Quotation or agreed with the Client, the Contractor is not responsible for the irrigation of planted material and lawns and does not accept liability for the loss of planted material due to lack of irrigation or adverse weather conditions. 

INTELLECTUAL PROPERTY 

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All original designs, drawings, specifications, photographs and any other written material produced by the Contractor during the Service Agreement shall remain the property of the Contractor. 

FORCE MAJEURE

The Contractor shall not be liable for any delay or failure to perform any of its obligations under this Service Agreement if the delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, strikes, accidents, war, fire, breakdown of plant or machinery, shortage or unavailability of materials, adverse weather conditions or adverse or difficult Site conditions. 

CHANGES TO CONTRACT AND TERMS AND CONDITIONS

The Contractor shall be entitled to amend and update these Terms and Conditions from time to time. Any amendments and updates will be agreed with the Client.

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DISPUTE RESOLUTION

In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.

If the dispute is not resolved within a reasonable period, then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Country of England. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the Country of England.

ENTIRE AGREEMENT 

This Contract constitutes the entire agreement between the parties and supersedes any prior agreements. In the event of a conflict between this Service Agreement and any Quotation, unless otherwise specified, the terms of this Service Agreement shall prevail.

WAIVER

No waiver shall be valid unless made in writing and signed on behalf of the Contractor.