1.0 DEFINITIONS

 

 1.1 "Client" means the individual, company or organisation who buys goods or agrees to use Services from the Contractor.

 1.2 "Contractor" means the person or company detailed in the Quotation/Estimate

 1.3 "Agreement" means the contract between the Contractor and the Client for the purchase of Goods or/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 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 (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed)  to which these Terms of Service apply.

 

2.0 BASIS OF CONTRACT

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• In any event these Conditions shall apply to each and every agreement for the supply of Services and Goods by the Company and supersede any previous terms and conditions of the Company and shall prevail over any other terms. No variations to these Conditions shall be binding upon the Company unless agreed in writing by it.

• A customer's order shall be deemed to be accepted by the Company only if confirmed in writing by the Company or the Company acts upon it. The Company may alter or withdraw any estimate or quotation at any time prior to a Contract being entered into.

• No order which has been accepted by the Company may be canceled by the Customer except with the agreement in writing of the Company.

 

3.0 GARDEN MAINTENANCE SERVICES

• The Contractor will carry out and complete the work 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 garden conditions and the work to be carried out.

• The Contractor offers following services under Garden Work Agreement.

• The Comntractor shall bear no liability in respect of any damage by the Company to the Customer's premises in respect of which the Customer shall claim against their own insurers.

• The Contractor is allow to remove garden waste for additional cost, only if that has come directly from plant material – branches and thinning’s, leaf, shrub brash and roots, grass and hay cuttings and non-invasive weeds.

• Garden Maintenance Included:

       GRASS CUTTING

          - Mowing will commence at the beginning of March and continue through to the end of October, inclusive and carried out within every 14 working days.

          - Mowing will take place to the full area of grass at the site, up to the paving, fencing and any other boundaries, including all corners and restricted areas between and around trees, planting               and other obstacles.

          - Grass cuttings falling on to paths, drives, entrance-ways, car parks synthetic sports facilities will be cleared immediately on completion of mowing operations.

          - Petrol Rotary mower will be used on this contract.

          - Mowing will not be performed when weather or other conditions would cause damaged turf.

          - All mowers will be adjusted to the proper cutting height and level.

          - Before each mowing we will use petrol machinery edger or strimmer to edge lawn.

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      SHRUBS, CLIMBERS and GROUND COVER PLANTS

          - Pruning (Shrubs, Climbing Plants)

          - Pruning will be done by workers using the correct tools for the works required.

          - Pruning and removal of branches will be carried out using sharp clean implements to give a clean sloping cut with one flat face.

          - Removal of branches will be carried out by cutting flush with the adjoining stem and in such a way that no part of the stem is damaged or torn.

          - We will cut back any growth that causes a nuisance or danger to persons or traffic, or that which obscures natural light to buildings.

          - We will remove all suckers by cutting back level with the source stem or root.

          - We will remove all dead branches by cutting back to an outward pointing bud.

          - If needed we will reduce the amount and nature of thinning, trimming and shaping according to species, variety, season, stage of growth and required visual effect.

          - Where climbing plants are tied to walls or trellis, they will be inspected on two occasions (early Spring and late Autumn).

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      LEAF CLEARANCE

          - After winter, any accumulated leaves will be cleared from all grass and planted areas and the arisings removed from the site.

          - Leaves will be cleared from all hard areas, footpaths, driveways etc, as well as grass and planted areas during each session.

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      HEDGE TRIMMING

          - Trimming of hedges will be carried out by using hand shears or mechanical petrol hedge cutter.

          - Cutting will be such as to encourage a stable hedge so that the width at the top of the hedge is no greater than that at its base.

          - Hedges will be trimmed carefully and neatly to a regular line and shape.

          - Hedge reduction will be done to the specific height only with permission of client for an additional cost.

          - Cuttings will be to remove current growth rather than old wood.

          - All hedges will be trimmed at least 3 times per year during the period March - November.

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      MAINTENANCE OF PLANTED AREA

          - Some sites include planters. These will be maintained in accordance with the provisions of this paragraph.

        Fork and Weed

          - During the Maintenance Sessions, we will clear all planted areas of weed and fork to a maximum depth of 100mm taking care to minimise damage and undue disturbance to existing plants,             herbs and roots.

          - We will remove all weeds and debris from site and avoid removing excess soil when removing weed debris.

          - We will Avoid carrying soil from cultivated areas on to paths or driveways.

          - Where identified in the individual site details, some planted areas shall not require forking and weeding.

          Hoe and Weed

          - During the growing season (April-October) hoe surface and remove weeds taking care to minimize damage and undue disturbance to existing plants, bulbs and roots.

          - This operation will take place 7 times during the growing period, once per month evenly spread during the months of April - October inclusive.

          - We will carefully hoe around bulbs, cut back and remove dead vegetation from bulbs after flowering.

          - We will remove all weeds and debris from site, and leave area in a neat, clean condition.

          - Hand weeding will be required to remove weed growth where hoeing or using herbicides is not possible or impractical, e.g. under ground cover shrubs or to remove growth directly                         adjacent shrub stems.

          - Additional hoeing and weeding shall be carried from April - October inclusive.

          Mulched Beds and Borders

          - Individual site has several beds and borders with bark, woodchip or similar. These beds and borders will not receive Forking or Hoeing but will be maintained in accordance with the                       following clause.

          - On each visit beds and borders will be clear from rubbish and debris and return to the bed any mulch which has spilled onto paths,grass, or surrounding areas.

          - We can supply and apply an additional layer of bark / bark to all mulched/barked beds and borders if agreed with client for additional cost.

       Disposal of Waste

           - We disposal of all waste matter in a sustainable way and all waste are disposal at licensed disposal sites for additional cost.

 

4.0 LANDSCAPE SERVICES

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• All Contracts must be confirmed in writing before work commences. Email confirmation is acceptable but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions herein, in order that the Contract is legally binding.​

• No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing. ​

• A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract. Additional labour will be charged by the hour at rate of £40 per Garden/Landscaper. All Additional materials shall be quoted for and agreed to, before these added works are undertaken. 

• We ask that the Client ensures there is adequate access to the Site e.g. that all vehicles and other obstacles are removed, that gates, doorways and passageways are clear of obstruction and unlocked, that neighbours are notified where access is required to carry out the work. We also request that all dog mess be cleared from the Site, if the works cannot be carried out the team will leave the site and you may still be charged.

• The Client should inform Sebplus regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the Contract. 

• Should additional work arise due to unknown or undisclosed structures such as those outlined in clause 6 above, then Sebplus may be required to add additional labour to the project or extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the client before proceeding further.

• The Client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regard to the Works unless request has by made to Sebplus to carry this out on your/the client’s behalf. You/the Client shall indemnify Sebplus against any claim/proceedings/loss or expense resulting from you/the Client failing to gain permissions/give notices/pay fees required in whole or in part. Sebplus will agree with the client, where appropriate, permissions that they will seek on behalf of the Client.

• The Comntractor shall bear no liability in respect of any damage by the Company to the Customer's premises in respect of which the Customer shall claim against their own insurers.

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5.0 THE CLIENT

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• The Client shall notify the Contractor if he would like to cancel arranged Garden Maintenance session.

• When access to the garden is through the house, office or garage, it is your responsibility to protect your floor, walls and other belongings.

• 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 discover of any obstructions or hazards during 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 days and throughout the agreed time period.

• 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.

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 6.0 TERMS OF PAYMENT AND CHARGES​​

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• The Client agrees to pay to Contractor for Garden Maintenance Services, the Contract price together with any VAT (if applicable) properly chargeable upon the Contract price or charges based on hourly rate of £35.00 per man for upto an hour. Unless otherwise stated in the quotation/estimate or otherwise agreed between the parties, the Contractor will invoice the Client for each work completed, payment shall be made by a due date provided on each invoice. Unless otherwise stated in the Quotation/estimate or otherwise agreed by the partie.​

• The Contractor reserves its right to charge interest for Garden Maintenance Services  at the rate of 15% per week of 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.

• Quotations/Estimates shall be open for acceptance during the period set out in the Quotation/Estimate. If after acceptance of the Quotation/Estimate 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.

• We ask for parking permits or parking costs for vehicles attending the job site in connection with The Works and these costs will be charged in addition to the Contract sum, on completion of The Works.

• Congestion Charges: where the Site falls within the congestion charging zone, then all costs levied on our vehicles attending the job site in connection with the Works will be charged in addition to the costs agreed in The Contract.

• 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 full session charge (Invoice will be provided).

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7.0 CANCELLATION OF CONTRACT

• (Cooling Off Period) The customer has the right to cancel a new contract (in writing or by email) that has a value of over £42 within fourteen days of the date that the contract was made only if that contract is classed by Government regulations as being an “off premises sale”. If work is carried out within that first fourteen days and the customer cancels the contract after work has been carried out but within fourteen days of the original agreement being made, the work will be charged as a “one off job” with a minimum price of £250. All estimates and quotations that the customer agrees to, that have been sent by us via email are classed by Government regulations as being an “off premises sale” and therefore can be canceled by the customer within the first 14 days.

• (Minimum Term) All recurring contracts shall, unless otherwise agreed in writing between the Company and the Customer, be capable of cancellation by the Customer only after the minimum term of the contract has passed, and there upon the Customer giving to the Company one calendar months prior written notice and the Contract will expire at the end of such notice period, or immediately upon the Customer paying in advance a sum equal to the total cost of the outstanding scheduled visits for the minimum contract plus the one months notice period

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8.0 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.​​

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9.0 OTHER IMPORTANT TERMS

• 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.

• 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.  

• 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. 

• You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld). 

• 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. 

• 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.

 

10.0 LIABILITY

• We are not 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. 

• We will maintain suitable and valid insurance including public liability insurance. 

• 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

• 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. 

• 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. 

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