TERMS & CONDITIONS – Cleancut Garden Services

These Terms & Conditions (T&Cs) shall apply to and are incorporated in any Quotation and shall be deemed to apply unless expressly modified or excluded in writing by Cleancut Garden Services (hereby known as the Contractor or CGS). These T&Cs have been written to produce a transparent transaction, bound by a contract, to protect both parties.

1. DEFINITIONS

1.1 The definitions and rules of interpretation in this clause shall apply in these T&Cs.

1.2 The Contractor means Cleancut Garden Services (CGS).

1.3 The Client means the person, firm or company who enters into a Contract with CGS for the provision of landscaping/garden maintenance works.

1.4 Start Date is the date CGS starts the Client’s work as agreed between the Contractor and the Client.

1.5 Site means the location where the works are to be performed by GCS.

1.6 Quotation means the document describing the works provided by CGS.

1.7 Works means the work to be carried out by CGS as per the contract & quotation together with any other services CGS agrees to provide to the Client.

1.8 A person includes a natural person, corporate or unincorporated body and that person’s legal and personal representatives, successors and permitted assigns.

2. QUOTATION

2.1 The quotation price is valid for 7 days from the date on it, after which it will lapse. If you wish to proceed with the quotation you must let us know before this period expires.

2.2 The quotation is based on conditions known and divulged by The Client at the time of CGS viewing the proposed work.

2.3 The Client will pay any costs related to extra works, or costs due to unknown difficulties or changes, which were not explained at the time of viewing and that have therefore not been noted or quoted for within the quotation.

2.4 CGS reserves the right to increase the quotation price with prior notification to the client. This will only relate to factors outside of CGS’ control, leading to a price increase. Examples – Raw materials increase, fuel price increase, minimum wage rate increases and changes to the requested work by the client.

2.5 Any special conditions, of which CGS has been informed will be noted in the quotation i.e. access issues or neighbour disputes.

2.6 It is the responsibility of the Client to ensure the CGS is made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.

2.7 CGS accepts no responsibility for works that have been carried out on land that is not under the ownership of the Client. It is assumed that all planning laws or regulations have been applied before the commencement of any works.

3. SCOPE OF WORK

3.1 CGS will complete the landscape work/maintenance work described in the quotation/contract document in a professional manner. CGS has no obligation to execute any further work unless agreed in writing between the parties of the Contract.

4. LANDSCAPING WORK

4.1 The landscaping work is as described to the client in the formal quotation. If the Client accepts the quotation the Client will be asked to confirm in writing / email, forming a legally binding Contract between the client and CGS. The Contract will include measurements where appropriate and descriptions of all work agreed to by CGS and the Client.

4.2 Landscaping work or provision of materials will not take place until the Client provides written acceptance to CGS, being a legally binding document between the Client and CGS.

5. THE SITE

5.1 The Client warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes, and cables, sewage or land drains, foundations or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing to CGS prior to submission of the quotation. CGS shall be entitled to make a reasonable charge for additional work necessary resulting from the discovery of such hazards.

5.2 Timely and adequate access to the site must be made available by the Client to CGS to enable the work to be carried out in a regular and economic manner.

5.3 The Client will provide access to water and electricity when required, wherever possible for use by CGS whilst carrying out the work, at the sole cost of the Client.

5.4 The Client shall be responsible for ensuring the safety of their children, family members, pets, animals and visitors at all times whilst work is being carried out on their premises.

5.5 CGS shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use of machinery.

5.6 The Client will remove and dispose of any pet waste before work begins.

5.7 The Client will move any garden furniture/children’s play equipment/ garden plant pots prior to work commencing.

6. QUOTATION/CONTRACT

6.1 Quotations are not open to negotiation.

6.2 Only work detailed in the Quotation/Contract will be carried out by the CGS.

6.3 The Quotation/Contract is a detailed, accurate description of discussions and work that have been agreed by the Client and CGS.

6.4 The Client shall provide access to the site during the Contractors normal working hours (Winter = 8 am to 5 pm. In Summers = 8.00 am – 5.30 pm. Weekend working is by special agreement only and will be subject to increased rates)

7. MATERIALS

7.1 Materials delivered to the site become the responsibility of the Client and CGS accepts no loss, damage or expense after delivery of the materials to the site for any reason.

7.2 All materials brought to the site which prove to be in excess to the CGS’s requirements shall remain the property of and shall be removable by CGS who shall have the right to enter the site for that purpose.

7.3 CGS shall not be liable for any loss or theft of materials from the site. Any additional materials required due to damage, loss, or theft shall be at the Client’s expense.

8. SUPPLY OF PRODUCTS

8.1 All products including living products are provided on the understanding of the following:

(a) No warranty is given or implied by law as to the quality or suitability of products / sources by CGS, except as stated in writing by them.

(b) The Client fully understands that plants are a living material and therefore an ever changing product that are a perishable product and will deteriorate in quality if not provided with the appropriate aftercare.

(c) The Client will provide adequate levels of water from the point of delivery to maintain the quality of the plant(s) and promote healthy growth and establishment.

9. PAYMENT

9.1 All accounts/invoices/bills, including garden maintenance contracts are payable upon the day of completion unless agreed otherwise in writing by CGS.

9.2 Payments is to be made to CGS by Bank Transfer or cash. A receipt will be provided if requested. CGS does not accept cheques unless expressly agreed and does not accept Credit Cards.

10. DEPOSITS

10.1 In instances when landscaping products are required, the Contractor may request full payment for the products in advance of ordering. The Client remains free to source and purchase the appropriate products independently. The Contractor accepts no liability for the suitability or quality of the products if sourced by the Client.

10.2 A 50% payment may be required in advance of commencing your landscaping project. If this is the case you will be advised in your quotation.

10.3 The remaining 50% balance is payable upon the day of completion of your landscaping project.

11. SOFT LANDSCAPING/ LIVING MATTER

11.1 The Contractor is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, shrubs, trees, plants or hanging baskets following delivery.

11.2 It is the Clients’ responsibility to water/feed turf, plants, trees, hanging baskets, newly planted shrubs/trees as soon as they are on the Client’s premises.

11.3 Any plants, hanging baskets, shrubs, trees purchased, or delivered to the site cannot be exchanged or returned for any reason.

12. ACCIDENTAL/WEATHER DAMAGE

12.1 After completion, the Contractor is not able to accept responsibility for any damage to hard or soft landscaping for example: drought, winds, rain, and frost to any material(s) including plants. This includes freeze-thaw action occurring in cement work.

12.2 Accidental damage caused by the Client or client’s family/friends to materials or completed projects will not be covered by the Contractor in any circumstances.

12.4 If the Contractor accidentally breaks/damages your property or materials they will replace the item/s or fix the problem.

13. DELAYS OR DISRUPTION

13.1 The Contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall the Contractor incur any liability to the Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond his reasonable control.

13.2 Weather conditions, including snow, hard frost, extreme rain, excessive heat or drought may cause the delay of a start or completion date of work agreed. The Contractor will always inform you at the earliest of any such expected delays.

13.3 Staff illness/death of family members may cause unavoidable delays. If a member of our team is ill or off work due to extenuating circumstances beyond their control this may affect a start or end date of work agreed, you will be informed as soon as is practically possible. The Contractor will always endeavour to start and complete the Client’s jobs on schedule.

13.5 The Contractor will always inform you as soon as it is practically possible if we need to alter your start or completion date for any reason.

14. PHOTOGRAPHS

14.1 The Contractor may photograph garden maintenance work before & after. These photographs may be used on our website. Photographs are used to advertise our business and our work. All photographs are the property of the Contractor.

14.2 The Contractor reserves the right to publish photographs of our hard/soft landscaping and garden maintenance work on our business website www.cleancutgardenservices.co.uk

15. ADDITIONAL WORK

15.1 Work that is not included in the original Quotation/s and is later requested by the Client will be treated as additional works. The Contractor will always try to carry out any additional work at the same time as an ongoing project, however, this may not be possible. In this instance, a separate work date will need to be agreed.

15.2 The Contractor will provide detailed costs of additional work for the Client’s consideration in the form of a Quotation. Once costs have been agreed in writing and a deposit received if required, the Contractor will undertake the extra work requested.

16. MACHINERY, TOOLS AND FUEL.

16.1 Unless clearly specified by the Client, the Contractor will provide machinery, tools, and fuel to undertake works detailed in the Quotation/Contract or work schedule/garden maintenance contract.

17 CANCELLATION OF CONTRACTS

17.1 The Client must give 7 days notice including Saturday & Sunday, prior to the work ‘start date’ to cancel the proposed work. .

17.2 Any unrecoverable costs incurred in respect of commitments made for materials during that period will be charged in full to the Client.

17.3 For cancellations that do not give the Contractor 7 days notice prior to start date 50% of all agreed fee/ rates will be charged. In addition, any materials that have been purchased on behalf of the Client, or any other unrecoverable costs in respect of commitments made during that period e.g. Machine hire contracts will be charged to the Client. The Contractor will also retain any deposits paid to cover their losses.

17.4 Notice of cancellation must be made as soon as possible by the Client, initially by telephone or text, and then supported by written confirmation sent by post, or e-mail to kevin@cleancutgardenservices.co.uk

IMPORANT INFORMATION

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

2.CGS is not able to accept responsibility for any of the Clients’ electrical appliances that may be unplugged/switched off during the working day for safety reasons.

3.It is the Client’s full responsibility to ensure that any electrical equipment is plugged back into their sockets and switched on during or at the end of any working day, or during the landscaping contract.

4.If neighbour disputes prevent/ delay any of the Contractor’s staff from carrying out agreed work, the Client will be charged for the Contractor’s lost time. Please ensure we are made aware of any issues which may arise.

5.Please do not engage in chit-chat with our landscaping/maintenance team when they are working. Our team will be using professional/heavy/ potentially dangerous machinery they need to fully concentrate. It is important that they pay full attention to any task for theirs and your safety. It is vital that our team utilise their time effectively to keep your job on schedule too.

PUBLIC LIABILITY INSURANCE

The Contractor has full Public Liability Insurance. If you would like to view our Public Liability Insurance please ask.

TERMS & CONDITIONS FOR GARDEN MAINTENANCE CONTRACTS

CGS runs a busy, carefully managed garden maintenance service throughout the year. This may involve us visiting the Client’s property weekly/bi-weekly/monthly the choice is yours.

1.1 The Client shall commit to the days and dates arranged with The Contractor for the period of their contract.

1.2 The Contractor reserves the right to refuse/withdraw our maintenance services at any time during your contract with us

1.3 The Client has the right to alter/cancel their garden maintenance contract with us at any time in writing. You must provide 7 days’ notice of any changes in your plans so that we can reorganise our work schedule. A full refund of any advance payment will be made.

1.4 Clients who cancel scheduled visits, then leave long periods between their next appointment with CGS can expect our rate to increase upon our next visit to their property- If your garden is not regularly maintained, lawns, hedges, shrubs, and plants will become overgrown, creating more work and more waste for CGS to dispose of. In these instances, the Contractor will re-quote your maintenance price as a one-off job, then continue with the previous rate if the garden in again regularly maintained i.e. weekly/bi-weekly or monthly.

1.5 The Client agrees to remove dog/cat waste/hazardous waste/litter from any areas the Contractor will be working in prior to our visit.

1.6 It is The Client’s responsibility to ensure any children’s play equipment or other garden furniture/obstacles are moved off the area you wish the Contractor to work on.

1.7 For your own and our safety please ensure that your pets/young children are kept indoors whilst we are working on your property.

2.TREE FELLING

2.1 If the Contractor is felling a tree/s at your property please ensure that you remove any breakables from the area we are working in i.e. garden pots or ornaments. The Contractor can not be held responsible for breakages that occur to plants, shrubs or outdoor buildings as a result of tree branches falling.

2.2 Felling trees can be hazardous therefore we ask that all clients, your pets, or children remain inside your property whilst any work is underway.

3.STUMP REMOVAL

3.1 The Client shall remove any breakables from the area in which we are working.

3.2 The Client understands that grinding out of tree stumps causes mess and may flatten/damage plants that are growing in the vicinity the Contractor/s is/are working in.

3.3 The Contractor will always tidy the area where they have been working to the best of their ability, however, you will be left with evidence that a tree stump has been ground out.

3.4 The Client shall remain indoors whilst The Contractor is working, for the client’s safety.

4.DISPOSAL OF GREEN WASTE

4.1 CGS are registered Waste Carriers.

4.2 If you ask us to remove any other form waste or green waste which is not a bi-product of our garden/maintenance work on your property an additional charge will apply.

5.DELAYS OR DISRUPTION

5.1 The Contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall the Contractor incur any liability to the Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond his reasonable control.

6.GARDEN MAINTENANCE STAFF & LANDSCAPERS

6.1 All our staff are fully trained and are up to date with their Health & Safety training.

6.2 CGS will be adhering to strict deadlines and timings, if you would like a particular task carrying out on a visit please ensure we know this in advance

6.3 CGS will not carry out extra work free of charge. We are happy to include a new garden task for you upon our next visit, a fee will be incurred for this.

Cleancut Garden Services appreciate your valued business and we look forward to providing you with quality, professional landscaping, and Garden Maintenance services.

7.CUSTOMER CARE POLICY

7.1CGS is proud of the value, quality, and dependability of the services it provides.

7.2 If the Client is not fully satisfied with any part of our service, please inform us in writing.

7.3 If there is a concern in regard to any aspect of the services we are contracted to undertake, the Client must inform the Contractor immediately in writing.

7.5 The Contractor will investigate and respond to your concerns within 7 working days.