16/07/2023
DA Gardening Services - Trading Terms and Conditions
DA Gardening Services hereinafter will be referred to as DAGS. The client means the person, firm, or company to be supplied with the services and or goods by DAGS. The client’s premises mean the premises, land, or property on which DAGS is invited to work at. Please read these terms and conditions carefully. They set out our and your legal rights and obligations in relation to our services. By accepting DAGS’s quotation, or paying of deposits required and the works starting, the client has deemed to accept all the terms and conditions listed below.
Gardening
Scope of work
The work as detailed in my quotation 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 DAGS 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 because of works it carries out on or within the boundaries.
DAGS may alter or withdraw any quotation at any time prior to the work being started.
Estimates
All quotations are valid for 30 days from the date of issue, prices can increase after that date.
The quotation is the best price at the time of submission considering existing site conditions and layout at the time of viewing.
Acceptance of the quotation supplied signifies acceptance of these terms and conditions and represents a binding contract between both parties.
Only the work described in the quotation is included. The supply of any other materials or labour costs to carry out such works other than those stated within the quotation is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will be agreed upon by both parties prior to being undertaken.
No allowance is made in the quotation for any extra work required due to unknown, hidden, or underground features.
DAGS 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.
Payment
The client accepts that they will pay DAGS 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, Card or BACS)
Regular clients are to pay on the day of completion of work. (Cash, Card or BACS)
If a job requires plants and materials to be purchased, DAGS will require payment for materials 7 days before start date. Labour to be paid by BACS, Card or Cash on day of completion.
All skips for the removal of green waste are to be ordered and paid for by the client.
Unpaid Invoices
All completed work needs to be paid for as per quotation. DAGS will not return to do another maintenance visit until the previous invoice has been settled.
If a debt becomes 7 days overdue DAGS will advise the client by a Letter Before Action (LBA) that they will be raising a County Court Money Claim to collect outstanding monies plus all costs incurred by DAGS. If it gets to the stage where the CCMC is raised a £50.00 admin charge will be added for the LBA, and a £75.00 admin charge for creating the CCMC.
For payments 7 days overdue interest will be charged at 8% plus the Bank of England base rate from the date the work was carried out.
DAGS will have made all reasonable contact with the client prior to this being undertaken.
Any client who disputes an invoice (following agreement to the original estimate) and then doesn’t pay in full will also be subject to the same conditions above.
Miscellaneous
The client will pay any extra work, or costs due to unknown difficulties or changes, which are not within the original quotation however a further quotation will be issued ahead of any work commencing and must be agreed by the customer.
Materials or plants needed to be purchased in advance and will form part of the first stage deposit, payable seven days in advance of 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. DAGS 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 DAGS’s legal fees in full.
If the delivery date of goods is delayed by the customer, DAGS 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 before work commences any deposit taken will be forfeit and materials from that already delivered on-site are required as a result of a subsequent client’s change of mind, the client will be solely responsible for payment of all additional costs.
Cancellation
DAGS reserves the right to charge a cancellation fee in the event of the client rescheduling or cancelling their appointment at short notice.
If cancelled within 24 hours of planned work, a 50% cancellation fee will be charged.
If a client reduces their requested gardening services time slot that has been previously quoted DAGS reserves the right to charge the full labour costs for that visit.
If the client cancels the gardening service upon arrival, DAGS reserve the right to charge the full labour cost for that visit.
If DAGS are unable to gain access DAGS reserve the right to charge the full labour cost for that visit.
DAGS reserves the right to stop the work in progress or cancel the booking due to adverse weather conditions which are not allowing DAGS to perform the required service however as soon as the weather allows DAGS will endeavour to attend as per quotation.
DAGS reserves the right to refuse or stop the services provided at any time if any DAGS staff member is being abused, threatened, or disrespected in any way by the client or a neighbour.
If a client cancels a regular maintenance visit or project prior to completion, the client is liable for any unpaid materials and the complete labour cost for the visit or project.
The Site
The client commits to granting sufficient and reasonable access to the site throughout the period of ex*****on of the contract.
Access to water and electricity services will be provided by the client at no additional cost to DAGS.
It is the responsibility of the client to make parking arrangements for a skip including contacting your district council to request a parking permit or parking bay suspension, if necessary. Any fines accrued during the time the skip is in situ are to be paid by the client.
If DAGS must travel a distance further than 3 miles to pick up or drop off the keys of the property, an additional charge may be added.
DAGS shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.
DAGS undertakes to make all reasonable endeavours 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 DAGS 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.
DAGS is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions, or services, not made known to DAGS in writing or apparent to us on visual inspection.
Materials & Plants on Site
DAGS always uses reputable high-quality suppliers for the supply of plants, trees, and shrubs. However, it is unable to guarantee their performance once DAGS has left.
Plants and turf are only warranted if given in writing (as aftercare is not in DAGS control, DAGS 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)
Appearance of finished features is at the discretion of the DAGS, 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 DAGS, 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, DAGS cannot guarantee supplied materials are exact representations of any samples provided.
DAGS 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, DAGS accepts no responsibility, except where it has been improperly installed by DAGS.
Materials delivered to the site and tools left on site become the responsibility of the client. DAGS accepts no responsibility for loss, damage, or expense after the delivery of materials to the 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.
DAGS 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, normal shape will be resumed. DAGS cannot be held responsible for the above taking place.
In extreme changes of 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 DAGS’s control.
Maintenance after Planting
All watering of plants, trees, shrubs, and turf becomes the responsibility of the client once the contract has been completed. DAGS cannot accept any responsibility for the survival once the contract has been completed.
Any plant failures will be referred to the plant supplier for attention under their warranty terms.
Garden Maintenance
DAGS day rate is for 8 hours on site. Unless a fixed price quotation has been agreed prior to work commencing we will apply the day rate or hourly rate plus materials and expenses to the client’s invoice.
If we are required to remove green waste or general waste from the site, this will be subject to charge, as will parking and congestion 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 DAGS leaving the site where possible.
For regular maintenance work, please see quotation for payment terms.
Pet fouling on lawns or soil. (Our expectation is that a client should clear up after their pets before our visit).
DAGS will not pick up used otherwise PPE off the ground.
DAGS will not pick up dead animals/birds killed by pets or otherwise.
DAGS reserve the right to engage sub-contractors should a project require them.
General
DAGS 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 DAGS or for the late or non-delivery of goods.
Any date or dates included in our estimate are estimated dates and DAGS 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 of 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 maintenance may incur an additional repair charge.
DAGS reserves the right to use any photographs produced by DAGS for any future marketing or displays whilst ensuring the anonymity of the client.
DAGS has public liability insurance.
Limitation of Liability
DAGS’s 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.
Maximum Liability
DAGS’s 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.
DAGS Terms and Conditions are a live document, and we reserve the right to update them as and when required. DAGS suggest clients check them regularly.
DA Gardening Services
July 2023
