Terms and Conditions

STANDARD TERMS AND CONDITIONS OF SUPPLY April 2018

 

1. For the purposes of these terms and conditions the following definitions shall apply:

1.1.   "The Company" or "We" shall mean All Seasons Garden Maintenance additional agents (i.e Tree surgeons) are recommended and as such work for you under their own arrangements

1.2.   "The Customer" or "You" shall mean the person or organisation who books a job and/or for whom the Company agrees to undertake works and/or supply materials

1.3. The “Contract” means the contract for services made between the company and the customer to which these conditions apply. This can be both written and/or verbal

1.4.   The "Operative" shall mean the representative appointed by the Company to undertake the work

1.5.   "The Goods " means the goods, materials, and or other items to be supplied pursuant to the Contract

1.6.   "These Conditions” means these "standard terms and conditions of supply

1.7.   “The Services" means the services to be supplied under the Contract.

1.8.          . "The customers premises" means the premises, land, or property on which the company is invited to work

1.9.               

1.11.          2.        Basis of Contract

 

2.1. 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.

2.2.  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.

2.3. No order, which has been accepted by the Company, may be cancelled by the Customer except with the agreement in writing of the Company.

2.4. All “recurring" contracts will be for an infinite period (open-ended) until cancelled, and subject to a minimum number of visits, unless otherwise agreed in writing.

 

3. Price

 

3.1. The price payable for the Services shall be those set out either verbally or in writing, generally an agreed hourly rate.

3.2. Any work requested by the customer that is not set out in the quotation will charged at the current rate person per hour and added to the invoice as extra work.

3.3. The Company reserves the right at any time to revise the prices to take account of any factor beyond the control of the Company, quantities or specifications for the Services and or Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions, or because of previously unknown obstacles causing extra work or damage to machinery.

3.4 In the event that the Operative is unable to gain access to the premises at which you have booked a job you will be liable to pay a minimum amount equivalent to the one hour call out charge. This shall apply irrespective of the job being booked directly by you or by someone on your behalf e.g. tenant

 

4. Terms of Payment

 

4.1. Subject to any special terms agreed in writing between the Customer and the Company and without prejudice to the Conditions above, the Company shall be entitled to invoice the Customer immediately upon completion of the services provided or goods supplied.

4.2. Unless otherwise agreed in writing by the Company, payment for all fees, expenses and charges in respect of the Services shall be made by cash or cheque on completion of the work unless otherwise agreed to a monthly bacs payment. If paying by cheque please write address on the reverse

4.3 All Bacs payment must be cleared within 3 days as they unlike cash/cheque are always charged in arrears.

4.4. Overdue accounts/late payments. All bacs accounts are given 3 days to pay for the previous months work. If that is not paid then a reminder email is sent. Upon which payment should be made within 24 hours. Failure to make this payment in that 24 hours will incur an administration fee of £5 and a 10% charge of the outstanding bill for every week that passes. Thus if your bill was £100, then your administration fee would be £5 plus a further 10% per week of the accumulated charges that are outstanding. The second week the 10% charge would be based on £115a and so on

4.5. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:

4.5.1. cancel or suspend the contract – restarting of the contract may then be at a higher rate

4.5.2. appropriate any payment made by the Customer to such of the Services and or Goods (other than goods Supplied under any other contract between the Customer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Customer).

4.6. The customer shall make payment to the company for any scheduled visit where work is not carried out, or partly carried out due to the following conditions on the site,(1) no reasonable access,(2) for reasons of health and safety.

 

5. Completion and Delivery

 

5.1. Completion dates for Services and or delivery dates for Goods set out in any quotation or acceptance are approximate only and the Company shall not be liable for any delay in completion of the Services and or delivery of the Goods howsoever caused.  Time for completion and or delivery shall not be of the essence of the Contract.

5.2. Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery to the customer or if the Customer wrongfully fails to take delivery of the goods.

 

6. Minimum contract period for recurring contracts

Subject to weather conditions

 

6.1. Fortnightly Garden Maintenance contracts are for fortnightly visits throughout the year (or as agreed), with a minimum of 12 visits per contract.

6.2. Weekly or Fortnightly Lawn Mowing contracts are for weekly / fortnightly visits from the 15th of February to the 30th of November, with a minimum of 12 visits per contract.

 

7. Liability

 

7.1. The Company shall not be liable to the Customer for any delay in performance or any failure to perform any of its obligations under the Contract if such delay or failure was due to any cause beyond the Company's reasonable control including, but not limited to, acts of God, strikes, lock-outs, fire, adverse weather conditions.

7.2 It is not the responsibility of the company to ensure ground conditions are safe. We use dangerous and fast moving equipment ( mowers, strimmers etc.). Our working area should be free of stones and other objects ( dog bones, toys etc). If a stone is thrown up and causes damage physical or structural- window, car etc. then All Seasons holds no responsibility.

7.3 Children and animals should be kept away from operatives using powered equipment – it is not the companies position to do so but parents/owners/guardian. As a result we cannot be held responsible for any injury sustained

 

8. Cancellation of contract.

 

8.1. The customer has the right to cancel a new contract within seven days (in writing or by email only), only if the price charged is over £35 and it was signed in the customer’s home.

8.2. 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 number of visits have taken place, 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

8.3. If the Customer cancels a Contract for a "one off job", the Company may make a cancellation charge in respect of the Services calculated by reference to the number of hours spent on the Contract by the Company and its employees and its current hourly rate together with all reasonable charges incurred by the Company as a result of such cancellation.

8.4. The Company may terminate a Contract at any time after the minimum contract period has expired by giving one months notice

 

9. Customer's obligations

 

9.1. The Customer undertakes promptly to provide the Company with all information, which the Company may require in order for the Company to carry out its obligations under the Contract.

9.2. The Customer shall:

9.2.1. during performance of the Contract allow the Company, its employees and contractors immediate access to such part or parts of the Customer's premises as are reasonably required by the Company for the performance of the Contract between 9.00 am to 6.OOpm. Monday to Friday inclusive and if the Company considers it necessary and the Customer agrees, on Saturdays and Sundays between 10am to 4pm.

9.2.2  let us know of anything which you believe may present a hazard or danger to the Operative carrying out work before such work is started. You must also make sure that we have clear access to the work area and provide us with a supply of mains electricity and water if necessary. If we incur additional work or expense as a result of your failure to provide us with clear access, mains electricity and water, we may charge you a reasonable additional sum in respect of such additional work and/or expense.

9.3     If access through or from a neighbouring property is required to carry out specific tasks, permission must be sought from the property owner or tenant before commencement of work

9.4     Animals – it is the customers responsibility to ensure any animal waste is cleared from the work area. If excessive waste then the operative may stop and you will be charged for the job irrespective.

9.4.1 All Seasons reserves the right to terminate a contract with no notice if the animal waste situation is deemed excessive and constantly an issue.

 9.4.2 If the operative chooses to pick up the waste you will be charged at £1 per bag used and it may also take the job into an additional 30 minutes charge incurred.

9.4.3 If garden machinery becomes contaminated then the customer is liable for the cost of cleaning the machine which would be approximately £10

10. Supply of goods

10.1 All Seasons is a time based business. Therefore the collection of goods or research for such is chargeable at the standard rate. Where little time is spent researching goods i.e plants fertilisers etc then the company reserves the right to wave the charge.                                                                                                                                                            10.2 The business charges the item price for all goods purchased plus 10% depending on how it is purchased and time taken.                                            .                                                                                                                                 10.3 All goods are charged at the single rate price irrespective of multiple discounts etc. this will be taken into account when applying 10.1

General Maintenance

We will visit your garden and see what maintenance jobs need to be carried out and when. A maintenance schedule will be drawn up to keep your garden looking good. Suggestions will also be made as to how your garden can be improved.

The following tasks amongst others may be carried out:

Mowing,Weeding, Pruning, Planting, Lawn care, Hedgecutting, Mulching, Jet washing, fence/shed painting

Garden waste remains the property/responsibility of the client and we encourage you to use the local councils environmental collection scheme. We are happy to fill Bags/bins provided.

 

Other conditions

1.        Our day rate is for 8 hours. Unless a fixed price quotation has been agreed prior to the work taking place. We will apply the day rate or hourly rate, plus materials and expenses to your invoice

2.        Collection of non stock parts and materials is chargeable but:
a) Time taken shall be kept to a minimum and reasonable
b) You shall be informed wherever possible when the Operative(s) leaves the premises

3.        Jet washing - All Seasons Garden Maintenance will take utmost care to avoid unnecessary damage caused by high pressure washing, unfortunately the result of which will depend on the original presentation (i.e. cement grout maybe unavoidably removed between patio slabs or paint removed from walls). We will not accept complaints or compensation claims as a result.

4.        We shall agree with you a date and time for the works to be undertaken and we shall use our best endeavours to ensure the Operative attends at the agreed date and/or time. However we accept no liability in respect of the non attendance or late attendance of the Operative or for the late or non delivery of materials.

5.        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 work carried out, nor shall we be liable for any loss of any nature which is not caused by our negligence or our breach of the terms of the agreement between us.

  1. Nothing in these Terms and Conditions shall reduce your statutory rights relating to workmanship and to faulty or mis-described goods or those relating to our ownership of goods and materials supplied by us to you.
  2. Our staff cannot engage in any work that requires them to climb higher than the ladders they carry on board their vehicles will allow them to. Any high work will need to be assessed and priced.
  3. Our staff of contractors whilst they may move lightweight garden furniture, they may not move heavier objects unless they feel safe to do so – this could include trampolines, large furniture, other heavy items
  4. Some customers like to engage in small talk. We advise that you keep this work related as this is your time being used up

All Seasons Garden Maintenance has public liability insurance

Charges :

Our rate for 2018 is £25 per hour charged in half hourly intervals after the first hour. One off contracts are charged at £35 per hour

Removal of Green waste is £2.00 per Bag (council equivalent size) or any part thereof, plus time incurred in disposal