1.0 DEFINITIONS
1.1 "Client" means the individual or organisation who buys or agrees to buy Goods or Services from the Contractor.
1.2 "Contractor" means the person or company detailed in the Quotation.
1.3 "Agreement" means the contract between the Contractor and the Client for the purchase of Goods and Services comprising the Quotation\Estimate and these Terms and Conditions.
1.4 "Goods" means the articles that the Client agrees to buy from the Contractor.
1.5 "Services" means the provision of landscape maintenance services by the Contractor.
1.6 "Site" means the site where the Services will be performed.
1.6 "Terms of Service" means the terms and conditions set out herein.
1.7 "Quotation" means the Contractor's written quotation for the Contract work to which these Terms of Service apply.
2.0 CONDITIONS
2.1 Where this Agreement is entered into by a consumer, nothing in these Terms of Services shall affect the Client's statutory rights as a consumer.
2.2 No variation to this Contract shall be binding on the parties unless made in writing and signed on behalf of both parties.
3.0 CONTRACTOR AND CLIENT
3.1 In consideration of the mutual promises and agreements contained herein, the Client hires the Contractor to work under the terms and conditions hereby agreed upon by the Parties:
4.0 PRICE AND PAYMENTS
4.1 The Client agrees to pay the Contractor the Contract price together with any VAT (if applicable) properly chargeable upon the Contract price or charges based on our basic rate per gardener for upto an hour following our price guide available online on our website. Unless otherwise stated in the quotation/estimate or specification or otherwise agreed between the parties, the Contractor will invoice the Client for each work completed. Unless otherwise stated in the Quotation/estimate or otherwise agreed by the parties, payment shall be made on receipt of each invoice.
4.2 The Contractor reserves its right to charge interest at the rate of 15% per week 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 Goods or Services whatsoever to the Client and shall be entitled to cancel the Contract with immediate effect.
4.3 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. If the Client does not accept the price increase, either party may terminate the Contract with immediate.
4.4 We cannot accept your order until you have paid for it in full.
4.5 The Client shall notify the Contractor if he would like to cancel arranged session.
4.6 In the event that Sebplus is unable to gain access to the side to which the Contract relates, the Customer will be liable to pay a minimum amount of £30.00 (Invoice will be provided)
5.0 GARDEN CARE SERVICES
5.1 The Contractor will carry out and complete the work in the Contract/Specification in a good and workmanlike manner.
5.2 The Contractor will carry out the work while soil and weather conditions are suitable for the relevant operations.
5.3 The Contractor will use only machinery and tools suitable for the garden conditions and the work to be carried out.
5.4 The Contractor offers following service under this agreement; (Lawn mowing, lawn edging, pruning bushes and shrubs, hedge cutting, Hand weeding, leaf clearing)
6.0 THE CLIENT
6.1 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 work and advise on the implications of the discovery of such obstructions or hazards, if any.
6.2 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.
6.3 The Client will allow the Contractor access to the Site within the agreed working days and throughout the agreed time period.
6.4 The Client is responsible to remove all animal waste from the garden, children's toys, decoration items from hedges, trees or any other plants or any other loose objects that can be risky to machinery or operator.
6.5 When access to the garden is through the house or rented house, office or garage, it is your responsibility to protect your floor, walls and other
6.0 HEALTH AND SAFETY
6.1 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.
6.2 The Contractor will carry out a Site risk assessment and will ensure that all applicable health and safety regulations are met.
7.0 CONSENTS
7.1 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.
8.0 DURATION OF WORK
8.1 The Contractor will provide the Client with an quotation/specification of the likely duration of the work. Any dates or time scales given are approximate only.
9.0 PLANTING MATERIAL
9.1 The Client shall be responsible for the maintenance of all living material planted by Contractor between each session.
10.0 RUBBISH REMOVAL
10.1 Anything that has come directly from plant material – branches and thinning’s, leaf, shrub brash and roots, grass and hay cuttings and non-invasive weeds.
11.0 OTHER IMPORTANT TERMS
11.1 The Contractor shall not be liable for any delay or failure to perform any of its obligations under this Contract 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.
11.2 We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
11.3 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
11.4 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
11.5 The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
11.6 If any provision of the Agreement or these Terms of Service is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms of Service and the remainder of the provision in question will not be affected.
12.0 LIABILITY
12.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Service or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We will maintain suitable and valid insurance including public liability insurance.
12.3 If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Gardening or Landscape Services.
When access to the garden is through the house or rented house, office or garage we are not taking any responsibilities for scraches or damage to the wall, floor or other.
12.4 We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Contractors
12.5 Nothing in these Terms of Service is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
12.6 Nothing in these Terms of Service is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.