Terms and Conditions
1. The words in these terms have the same meaning as in the contract overleaf.
2. Our agreement with you is limited to the written contract and these terms. Any additions or changes will only apply if we have agreed in writing (including email).
3. No-one is authorised to make any promises or statements on our behalf and you may not rely on any promises or statements unless we have put them in writing.
4. NOTE: Nothing in these terms affects your statutory rights if you are a “consumer” as defined by s.2(3) ofthe Consumer Rights Act 2015.
Our Obligations to You and Limitations
5. We will supply the gardening services set out in the contract at the times or as frequently as specified in the contract. However we may carry out additional or different work (at no extra charge) if we consider it necessary or desirable.
6. Where you have provided instructions or information about the garden that we have relied on, we will not be responsible for any loss or damage that results from that information being incorrect.
7. We will meet the obligations set out in this contract and imposed by statute. We will not have any other liability to you for loss, expense or claim, however it arises.
8. We will make all reasonable efforts to care for your garden effectively, but we will not be responsible for any damage or failure caused by hidden defects or characteristics of the site, or by weather conditions or the activities of third parties. We shall not be obliged to comply with this contract if we reasonably consider that it is dangerous or otherwise inappropriate to do so.
9. We will supply plants and plant them as agreed with you but we will have no liability for their subsequent health or performance.
10. We will do our best to attend the site at the times or frequencies stated, but (save for our payment terms) time is not of the essence of this contract and we will not be liable for any loss, damage or expense in the event of a delay or inability to attend.
11. We will not in any event be liable for any indirect loss or for any damages exceeding the equivalent of the payment(s) (if any) that you normally make to us in the course of one month.
Your Obligations to Us
12. You agree to provide us with unrestricted access to the site at all reasonable times to enable us to carry out our gardening services.
13. Unless we agree otherwise, you must provide us with a free supply of water.
14. You must not give instructions to our workmen or contractors. Any instruction or comment must be addressed directly to Elizabeth Broadbent.
15. You agree to pay our fees and any other payment due to us under this contract without making any deduction.
16. As soon as you become aware of any risk or danger of any sort at the site, you must inform us with full details.
17. Our workmen and sub-contractors are under a legal obligation not to accept work directly from our customers. You must not offer them work that would cause them to breach their contract with us.
18. If you do not comply with all the terms of this contract we will have the right a) to continue the gardening work and charge you our agreed fee or b) to cancel the contract in writing and stop gardening at the site and/or c) to pursue any other remedy available to us.
Payment Terms
19. You agree to pay our invoices within 7 days of receipt and to pay interest calculated daily at the annual rate of 8% on any overdue sum from the due date until payment.
20. In addition to our fee we will invoice you for any out of pocket expenses we incur on your behalf although we will use our reasonable endeavours to agree any expenses with you beforehand.
21. If work we did not foresee when the contract was made is required in order to garden at the site
effectively, we will provide you with full details and a revised fee for your approval.
22. We will not be obliged to carry out any of our services under this contract at any time when you owe us money.
Termination
23. This contract may be terminated by either of us on giving the other not less than one month’s written notice.
Acceptance and Complaints
24. Any complaint about our work or about the attitude or behaviour of any or our workers or contractors must be addressed to Elizabeth Broadbent, and (except in an emergency) may not be raised directly with our workers or contractors.
25. If you make a complaint about our work, your complaint will be invalid unless you let us inspect the problem when we ask to do so. We will make all reasonable efforts to correct any mistake or to advise and reassure you.
General
26. Neither party to this contract shall be liable to the other for any loss or damage caused by circumstances beyond that party’s reasonable control.
27. This contract is governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in the event of a dispute. However both parties commit to a genuine attempt to settle disputes by negotiation or mediation prior to issue of proceedings.
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Hornbeam Square North
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Harrogate
HG2 8PB
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