Terms and Conditions

Terms for Garden Maintenance Services

These terms apply to garden maintenance work, such as pruning, planting, and border management. They specify service scope, scheduling, and payment conditions relevant to maintenance services.

1. 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 GbG 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.

• GbG may alter or withdraw any estimate at any time prior to the works being started.

2. Estimates

• All estimates are valid for 4 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 estimate is excluded. Any alteration, modification, or extras beyond the work specified in the estimate 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.

• GbG 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.

3. Payment

• The client accepts that they will pay GbG the full contract sum (all costs incurred) chargeable under the following agreed contract terms.

Payment terms:

• One-off garden visits, payment on completion of works. (Cash, or Bank Transfer)

• Regular clients to pay on the day of completion of works. (Cash, or Bank Transfer)

• If a job requires plants and materials to be purchased, GbG will require payment for materials 7 days before the start date. If start date is less than 7 days then immediate payment is required.

Where a job has a labour cost of £1000.00 or more, 50% will be required to be paid on the first day on arrival at the job. The balance will be required to be paid on the day of completion.

Unpaid Invoices:

All completed work needs to be paid for on the day of completion of work. GbG will not return to do another maintenance visit until the previous invoice has been settled.

For payments overdue by 7 days or more, interest will be charged at 8% plus the Bank of England base rate from the work completion date.

Any client who disputes an invoice (following an agreement of the original Proposal) and then does not pay an invoice n full will also be subject to the same conditions above.

Miscellaneous:

• 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 or immediately if less than 7 days before 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. GbG 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 GbG’s legal fees in full.

• If the delivery date of goods is delayed by the customer, GbG 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 from 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.

4. Cancellation

• GbG reserves the right to charge a cancellation fee in the event of the client rescheduling or canceling their appointment at short notice.

• If canceled within 48 hours of planned work, a 100% cancellation fee will be charged.

• In the event that the client cancels the gardening service upon the arrival of GbG, we reserve the right to charge the full labour cost for that visit.

• If GbG are unable to gain access GbG reserve the right to charge the full labour cost for that visit.

• GbG reserves the right to stop the work in progress or cancel the booking due to adverse weather conditions which are not allowing GbG to perform the required service.

• GbG reserves the right to refuse or stop the services provided at any time if any GbG staff member is being abused, threatened or disrespected in any way by the client.

• If a client cancels a regular maintenance visit or project prior to completion, they are liable for any unpaid materials and the complete labour cost for the visit or project.

5. The Site

• 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 GbG.

• 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 GbG has 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.

• GbG shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.

• GbG undertakes to make all reasonable endeavors 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 GbG 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.

• GbG is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions, or services, not made known to GbG in writing or apparent to us on visual inspection.

6. Materials & plants onsite

• GbG always uses reputable high-quality suppliers for the supply of plants, trees, and shrubs. However, it is unable to guarantee their performance once GbG has left.

• Plants and turf are only warranted if given in writing (as after care is not in GbG control, GbG 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 GbG 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 GbG, 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, GbG cannot guarantee supplied materials are exact representations of any samples provided.

• GbG 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, GbG accepts no responsibility, except where it has been improperly installed by GbG.

• Materials delivered to the site and tools left on site become the responsibility of the client. GbG 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.

• GbG 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, the normal shape will be resumed. GbG cannot be held responsible for the above taking place.

• In extreme changes in 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 GbG’s control.

7. Maintenance after planting

• All watering of plants, trees, shrubs, and turf becomes the responsibility of the client once the contract has been completed. GbG cannot accept any responsibility for survival once the contract has been completed.

• Any plant failures will be referred back to the plant supplier for attention under their warranty terms.

8. General

• If we are required to remove green waste or general waste from the site, this will be subject to charge of £30 for 3 bags (3 x 1 tonne bulk bags), as will parking 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 GbG leaving the site where possible.

• For regular maintenance work, please see section 3 for payment terms.

• Pet fouling on lawns or soil - GbG’s expectation is that a client should clear up after their pets before any visit.

• GbG reserve the right to engage sub-contractors should a project require them.

• GbG will agree on 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 GbG or for the late or non-delivery of goods.

• Any date or dates included in a GbG estimate are estimated dates, and GbG 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 to the works carried out, nor shall we be liable for any loss of nature which 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.

• GbG reserves the right to use any photographs produced by us for any future marketing or displays whilst ensuring the anonymity of the client.

• Gardens by Gemma has public liability insurance.

10. Limitation of Liability

• GbG 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.

11. Maximum Liability

• GbG 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.