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Terms of Business

Terms of Business

The following Terms and Conditions shall apply to and are incorporated in any Quotation/Contract and shall be deemed to apply unless expressly modified or excluded in writing by Gardens By Thyme & Space (hereby known as The Contractor). These Terms and Conditions 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 Terms and Conditions

1.2 Start Date is the date that The Contractor shall start The Client’s work. The start date will be agreed between The Contractor and The Client

1.3 The Contractor means Gardens By Thyme & Space and their employees

1.4 The Client means the person/s, firm/s or company/ies who enters into a Contract with The Contractor for the provision of hard/soft landscaping/garden maintenance works

1.5 Intellectual Property means the plans, drawings and quotations submitted by The Contractor (whether before or after the making of the contract)

1.6 Site means the location where the works are to be performed by The Contractor

1.7 Quotation means the documents including detailed plans and/or drawings describing the Works provided by The Contractor

1.8 Works means the work to be carried out by The Contractor under The Contract as set out in the Quotation together with any other services which The Contractor agrees to provide to The Client

1.9 Paragraph headings shall not affect the interpretation of these conditions

1.10 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns

1.11 Words in the singular shall include the plural and vice versa

2. Quotation

2.1 The Quotation/Contract price is valid for 30 days from the date shown on the quotation. After 30 days the quotation will lapse. If you wish to proceed with your quotation you must let us know before the 30 day period expires

2.2 The quotation is based on conditions known and divulged by The Client at the time of The Contractor 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/Contract

2.4 The Contractor reserves the right to increase The Quotation price with prior notification to the client. This will only relate to factors outside of The Contractor’s control leading to a price increase. Examples are – Raw materials increase, fuel price increase and minimum wage rate increases

2.5 Any special conditions, of which The Contractor has been informed will be noted in The Quotation/ Contract i.e. access issues or problem neighbours 

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

2.7 The Contractor 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 The Contractor shall carry out and complete the hard/soft landscaping work/maintenance work described in The Quotation/Contract document in a professional manner. The Contractor shall have 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 or service is as described to The Client in the form of a formal typed Quotation/Contract. If The Client accepts The Quotation price The Client will be asked to sign and return a copy of their Quotation which then forms a legally binding Contract between The Client and The Contractor. The Contract will always include measurements and descriptions of all the work which has been agreed by The Contractor and The Client

4.2 Landscaping work or provision of materials will not take place until The Client signs and returns a Green Onion Landscaping Quotation/Contract. This will then act as a legally binding document between The Client and The Contractor

4.3 The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements

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 The Contractor prior to the submission date of the quotation. The Contractor shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards

5.2 Timely possession of the site and proper and adequate access to it must be made available by The Client to The Contractor to enable the work to be carried out in a regular and economic manner

 5.3 The Client will provide access to water, electricity, and toilet facilities wherever possible for use by The Contractor whilst carrying out the agreed work. The provisions of these services and facilities shall be 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 The Contractor 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 any 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 Hard/soft landscaping/garden maintenance Quotations are not open to negotiation

6.2 Only landscaping work detailed in the signed Quotation/Contract will be carried out by The Contractor

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

6.4 All work will be carried out by The Contractor

6.5 The Client shall provide access to the site during The Contractors normal working hours (Winter months = 8 am until 5 pm including Saturdays. In Summer months = 7.30 am – 5.30 pm.) The Client shall also provide storage space for materials and machinery during The Contract

7. Materials

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

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

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

8. Supply of Products

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

(a) No warranty is given or implied by law as to the quality or suitability of products supplied by the company, except as stated in writing by the company

(b)The Client fully understands that plants are a living material and therefore an ever changing product this includes hanging baskets and fresh door wreaths

(c)The Client fully understands that plants are a perishable product and will deteriorate in quality if not provided with the appropriate aftercare

(d)The Client will provide adequate levels of water and feed from the point of delivery to maintain the quality of the plant(s) hanging baskets/ fresh door wreaths and promote healthy growth and establishment

e)The Contractor can not be held responsible for any issues caused by neglect including: infestations/lack of water/over watering/Gastropods eating plants/termites

9. Soft Landscaping/Living Matter/Door Wreathes & Hanging Baskets

9.1 The Contractor is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, shrubs, trees, plants, fresh wreaths or hanging baskets following delivery/practical substantial completion

9.2I t is The Clients’ responsibility to water/feed /treat/feed/look after their turf, plants, trees, hanging baskets, wreaths, newly planted shrubs/trees as soon as they are on The Client’s premises

9.3 Any plants, hanging baskets, wreaths, shrubs, trees purchased, or delivered to the client’s address/site can only be exchanged if any issues are brought to The Contractor’s attention immediately upon the same day as delivery

10. Payment

10.1 All accounts/invoices/bills are payable upon the day of completion. Interest will be charged from the due date of payment on all invoices at 5% above The Contractor’s Banker’s Base Lending Rate per annum until actual payment is received/clears 

10.2 Garden Maintenance Contracts should also always be paid in full on the day of completion or the same terms will apply

10.3 Payments should be made to Green Onion Landscaping either by Bank Transfer or with Cash. You will always receive a receipt via e-mail for any payments made with cash. 

10.4 The Contractor does not accept Cheques or Credit Card Payments

11. Deposits

11.1 A  20% deposit will be required to secure and guarantee a work date in our diary. We will not hold work dates without a deposit

11.2 A further 30% payment is to be paid one week prior to your landscaping project commencing

11.3 The remaining 50% balance is payable upon the day of completion of your landscaping project and no later

11.4 A deposit of more than 50% will be requested if the materials chosen for your landscaping project exceed 50% of the entire job

11.5 Any deposits or advance payments needed for third-party workers/sub-contractors i.e. Electricians, bricklayers, etc. will be requested in advance for those service providers

12. Landscaping Jobs Exceeding A Two Week Period

12.1 Stage payments will be made by The Client against works completed/materials on-site to be made at weekly intervals

12.2 Final balance payment to be made on the day of completion

13. Accidental/Weather Damage To Materials/Ongoing/Completed Works

13.1 After practical substantial completion, The Contractor is not able to accept responsibility for any damage to hard or soft landscaping for example: Through the elements, including drought, winds, rain, and frost to any material(s) including plants. This includes freeze-thaw action occurring in the cement work of brickwork, patios, and paving and efflorescence in brick work or patio stone

13.2 Accidental damage caused by The Client, client’s family/friends, or via a third-party who has no connection to Green Onion Landscaping to materials or completed projects will not be covered by The Contractor in any circumstances

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

15. Delays or Disruptions

15.1 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

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

15.3 Staff illness/death of family members may cause unavoidable delays to landscaping projects. If a member of our team has an illness or is off work due to an extenuating circumstance that are beyond their control this is going to affect a start or end date of a project. You will be informed as soon as is practically possible. The Contractor will always endeavour to start and complete The Client’s landscaping jobs on schedule 

15.4 Delays caused by companies working on-site that have not been contracted/employed by The Contractor will result in charges to The Client to recover business losses/costs

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

16. Photographs & Videos

16.1 The Contractor reserves the right to publish their photographs/videos of their hard/soft landscaping and garden maintenance work on their business website www.gardensbythymeandspace.co.uk  our Facebook business page and other social media accounts. Photographs and videos are used to advertise Our work. All photographs are the property of The Contractor 

16.2 All photographs sent to Gardens By Thyme & Space will become the property of The Contractor and may be used on our website or social media platforms

17. Additional Works

17.1 Work that is not included within the original Quotation/s and that is later requested by The Client, or The Client’s representative will be treated as additional works. The Contractor will always try to carry out any additional work you request at the same time as an ongoing project, however, sometimes especially when The Contractor is very busy, this may not be possible. In this instance, a  separate work date will need to be agreed upon

17.2 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, The Contractor will be happy to undertake the extra landscaping work requested

18. Machinery Tools & Fuel

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

19. Tree Felling

19.1 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/toys/outdoor furniture/children’s furniture/ garden ornaments. The Contractor can not be held responsible for breakages that occur to any items/plants/shrubs /outdoor buildings as a result of  falling tree branches/trunks

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

20. Tree Stump Removal

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

20.2 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

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

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

21. Disposal of Green Waste

21.1 Gardens by Thyme & Space are registered Green Waste Carriers.

21.2 Gardens by Thyme & Space is insured to remove Green Waste only. Please do not ask us to remove any other form of household waste or green waste which is not a bi-product of our garden/maintenance work on your property. We will not do this

22. Garden Drainage Works

22.1 The Client agrees to make all the necessary checks with the Water Board prior to The Contractor carrying out any drainage works

22.2 The Contractor assumes that The Client has acquired the relevant permission from The Waterboard for any drainage works carried out 

22.3 The Contractor can not be held responsible for any issues which may arise with the existing drainage system after new drainage has been installed or connected to your existing drainage system 

22.4. It is The Client’s full responsibility to contact their Water supplier to gain permission for any drainage works to be completed. By signing your quotation/contract you are agreeing that you have been granted permission for drainage works to be carried out and linked to your property’s existing drains by your service provider

23. Cancellation of Contracts

23.1 The Client must give 30 days notice prior to the work ‘start date’ if they wish to cancel the proposed landscaping project. These 30 days include Saturdays and Sundays

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

23.3 For cancellations that do not give The Contractor 30 days notice prior to your 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 

23.4 Notice of cancellation must be made as soon as possible by The Client, initially by telephone, and then supported by written confirmation sent by by Royal Mail registered post,  or via e-mail to Julia Wilson.

Important Information

  1. Gardens by Thyme & Space 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. Gardens by Thyme & Space is not able to accept responsibility for any of The Clients’ electrical appliances that may be unplugged/switched off during the working day for the purpose of using The Client’s power source or for safety reasons

  3. It is The Client’s full responsibility to ensure that any electrical equipment, i.e fridges, freezers, cookers, lights, clocks, etc. are all 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. This will involve The Contractor retaining your initial 20% deposit to cover business costs. Please ensure we are made aware of any issues which may arise with your neighbours

24. Customer Care Policy

24.1 Gardens by Thyme & Space is proud of the value, quality, and dependability of the services it provides

24.2 If The Client is not fully satisfied with any part of our service, then please inform us in writing

24.3 We treat our client’s concerns and comments as constructive and positive feedback and can only improve our services if informed of any shortcomings

24.4 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

Payment Methods
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