Terms & Conditions
Gardening and landscaping
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These terms and conditions shall apply to and are incorporated in any quotation and shall be deemed to apply unless expressly modified or excluded in writing by Garden Plus Ltd (hereby known as the Contractor or Garden Plus).
1. Quotations and Estimates
1.1 The quotation or estimate price is valid for a period of thirty days from the date shown on the quotation and thereafter lapses automatically. If you wish to proceed with your landscaping job you must let us know before the 30 day period expires.
1.2 The quotation or estimate is based on conditions known and divulged by the client at the time of viewing.
1.3 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 within the quotation or estimate.
1.4 The contractor reserves the right to increase quotation or estimate prices with prior notification to the client. This will only relate to factors outside Garden Plus’ control, leading to price increase. Examples are : – Raw materials increases, fuel price increases, minimum wage rate increases.
1.5. It is the responsibility of the client to inform Garden Plus Ltd of any special conditions i.e. access issues or neighbour disputes. Failure to inform the Contractor of any such special conditions will incur further charges.
1.6 It is the responsibility of the client to ensure we are made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.
1.7 The contractor and their staff accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.
1.8 Acceptance of the quote/estimate involves acceptance of these terms and conditions and will lead to a binding contract between the parties. It should be noted that any attempted or any actual cancellation thereof by the Client may involve the Client in a claim for recovery by the Contractor of any loss or expense incurred as a result, including a claim for loss of profit.
1.9 Any professional fees such as structural engineer’s reports, arboricultural reports, planning submissions (inc. TPO’s) and printing fees are not included in the quote and will be billed at cost.
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2. Scope of work
2.1 The Contractor shall carry out and complete the landscape work/maintenance work described in the quotation or estimate document. They shall have no obligation to execute any further work unless agreed between the parties of the contract.
2.2 Please try not to engage in chit-chat with our landscaping/maintenance team when they are working. They will be using professional/heavy/ potentially dangerous machinery they need to concentrate when doing this. They also will be adhering to a carefully planned work schedule. It is important that they pay full attention to any task in hand for theirs and your safety. It is vital that our team utilise their time effectively to keep your job on schedule.
3. Landscaping work
3.1 The landscaping work or service is as described to the client in the form of a formal quotation or estimate; this may include measurements and descriptions of the work to be carried out.
3.2 Landscaping work or provision of materials will not take place until the client confirms their acceptance of the quotation or estimate. This will then act as a legally binding contract between the client and Garden Plus Ltd.
3.3 The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.
3.4 The responsibility for the proper maintenance of the site passes to the Client upon completion of any landscaping works unless otherwise agreed in writing.
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4. The site
4.1 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.
4.2 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.
4.3 The Client will provide access to water, electricity and toilet facilities wherever possible for use by the Contractor in carrying out the work agreed. The provisions of these services and facilities shall be at the sole cost of the client.
4.4 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.
4.5 The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.
4.6 The client will remove and dispose of any pet waste before work begins.
4.7 The client will move any garden furniture/children’s play equipment/ pots prior to work commencing.
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5. Quotations/prices given
5.1 Hard/soft landscaping/garden maintenance prices/quotations/estimates are not open for negotiation.
5.2 Quotations/estimates may be subject to VAT.
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6. Materials
6.1 Materials delivered to site become the responsibility of the Client and the Contractor accepts no loss, damage or expense after delivery of the materials to site for any reason.
6.2 All materials brought to 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.
6.3 The contractor shall not be liable for any loss or theft of materials from site. Any additional materials required following damage, loss or theft shall be at the Client’s expense.
6.4 Any and all materials remain the property of the contractor until full settlement of the final invoice. Title and ownership of the materials and equipment will not pass until final payment is made. Garden Plus Ltd can recover any materials in the event of non-payment. Including those used and in situ. The customer agrees to allow access to the site for this purpose.
6.5 2.3 We do not recommend the client sources their own materials. However, if they do they will be responsible for those materials. Garden Plus is not responsible if the client’s materials fail or are otherwise unfit for purpose. Should the materials be inadequate for the job, the contractor reserves the right to charge the client for any work to ‘make good’ the failure of those materials. This will be treated as a separate job and invoiced as such.
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7. Payment
7.1 All accounts/invoices/bills are payable upon the receipt of the invoice. 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.
7.2 Garden Maintenance contracts should also always be paid in full on receipt of the invoice or the same terms will apply.
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8. How to pay Garden Plus Ltd
8.1 Payments should be made to Garden Plus Ltd either by: Bank Transfer online payment or with cash. Receipts are available upon request. We do not accept cheques. Online payment may incur an administration fee.
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9. Deposits
9.1 A 20% deposit will be required to secure and guarantee a work date in our diary.
9.2 A further 30% payment is to be paid one week prior to your landscaping project commencing, this is to pay for your materials.
9.3 The remaining 50% balance is payable upon the day of completion of your landscaping project or the day you receive your invoice and no later.
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10. When might I need to pay more than 50% as a deposit
10.1 A deposit of more than 50% may be requested if the materials chosen for your landscaping project exceed 50% of the entire job.
10.2 Any deposits or advance payments needed for third-party workers/sub contractors i.e. Electricians, bricklayers etc. will be requested in advance for those services.
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11. What work will be carried out and by whom and who’s responsible for what.
11.1 Only landscaping work detailed in the quotation or estimate will be carried out by the Contractor.
11.2 The quotation is an accurate description of discussions and plans that have been agreed by the client and Garden Plus Ltd.
11.3 All work will be carried out by Garden Plus Ltd experienced staff, we reserve the right to employ outside contractors should the job require it.
11.4 The client shall provide access to site during Garden Plus’ normal working hours (8am until 5pm including Saturdays in Winter months and 7.30am – 5.30 pm in the Summer months ) and storage space for materials and machinery during the contract progress.
11.5 Any addition and/or alterations to the already agreed schedule shall be properly treated as variations and subject to written quotations.
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12. Landscaping projects 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 or receipt of invoice.
12.3 Garden Plus reserves the right to withdraw from a site if the contract payment schedule is not adhered to. Any overdue payment will be subject to a monthly interest rate at bank rate plus 5% per month or part month overdue. Any variation on this quotation must be agreed by both parties, with payment due in full at completion of contract to which this applies. Title and ownership of the materials and equipment will not pass until final payment is made. Garden Plus Ltd can recover any materials in the event of non-payment. Including those used and in situ. The customer agrees to allow access to the site for this purpose.
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13. Soft Landscaping – Anything which is living
13.1 The contractor is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion.
13.2 It is the clients’ responsibility to water/feed turf, plants, hanging baskets newly planted shrubs/trees after a landscaping project has been completed. Upon practical substantial completion the responsibility for the care and watering of all living matter is handed over to the client and will require regular attention until established.
13.3 Any plants, shrubs, trees purchased or delivered to site can not be exchanged or returned.
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14. Accidental/weather damage to completed hard or soft landscaping
14.1 After practical substantial completion, Garden Plus are 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.
14.2 Accidental damage caused by the client, client’s family/friends or via a third-party who has no connection to Garden Plus to materials or completed projects will not be covered by Garden Plus in any circumstances.
14.4 If Garden Plus accidentally break/damage your property or materials we will replace the item/s or fix the problem.
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15. Delays or disruption
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 the contractors reasonable control.
15.2 Weather conditions, including snow, hard frost, extreme rain, excessive heat, drought may cause the delay of a start or completion date of a contract. We will always inform you at the earliest, most convenient time 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 which is beyond their control and this is going to affect a start or end date of a project you will be informed as soon as possible. We will always endeavour to start and complete landscaping jobs on time.
15.4 Delays caused by companies working on site that have not been contracted/employed by Garden Plus will result in charges to the Client to recover our losses/costs.
15.5 Garden Plus will always inform you as soon as is practically possible if we need to alter your landscaping start or completion date for any reason.
15.6 Any delay caused by the client or clients failure to inform the contractor of circumstances/events that may cause disruption will result in charges to the client to cover losses/costs.
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16. Photographs/videos
16.1 Garden Plus photograph and video all of our landscaping and garden maintenance work before & after. These photographs/videos may be used on our website/Facebook business page/ Twitter account/Google Plus. Photographs and videos are used to advertise our business and our work.
16.2 The Contractor reserves the right to publish photographs/videos of our hard/soft landscaping and garden maintenance work on our business website www.gardenplusuk.com, our Facebook business page and other social media.
16.3 Garden Plus will blur/remove any identifying information, such as faces or registration plates.
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17. Additional work
17.1 Work that is not included within the original quotations or estimates and that are/is later requested by the client, or client 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 we are very busy this may not be possible. In this instance a separate work date will need to be agreed.
17.2 Garden Plus will provide detailed costs of additional work for the client’s consideration. Once costs have been agreed in and a deposit received, Garden Plus Ltd will be happy to undertake the extra landscaping work requested.
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18. Machinery, tools and 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/estimate/work schedule/garden maintenance contract.
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19. Cancellation of contract
19.1 The notice period for cancellation of work is fourteen clear days (inclusive) from the date your quotation was signed.
19.2 Any unrecoverable costs incurred in respect of commitments made for materials during that period will be charged in full to the client.
19.3 For cancellations that do not give the Contractor fourteen clear days (inclusive) notice from the date you accepted your quotation/estimate, 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.
19.4 The Contractor will also retain any deposits paid to cover their losses.
19.5 Notice of cancellation must be made as soon as possible, initially by telephone and then supported by written confirmation. You can e-mail us at hello@gardenplusuk.com
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Important information
Garden Plus 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.
Garden Plus is not able to accept responsibility for any of our clients electrical appliances that may be unplugged/switched off during the working day for the purpose of using the clients power source or for safety reasons.
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 in to their sockets and switched on during or at the end of any working day, or during the landscaping contract.
If neighbour disputes prevent or delay any of Garden Plus’s staff from carrying out agreed work the client will be charged for Garden Plus’s lost time. This will involve the Contractor retaining your initial 20% deposit to cover business costs plus any costs we may have incurred during the work or preparation for the work. Please ensure we are made aware of any issues which may arise.
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Public liability insurance
Garden Plus Ltd has full public liability insurance. If you would like to view our public liability insurance please ask.
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Terms & Conditions for garden maintenance contracts
Garden Plus run a very busy, carefully managed garden maintenance service throughout the year from February until December. This may involve us visiting your property weekly/bi weekly/monthly.
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1.1 Clients shall commit to the days and dates arranged with the Contractor for the period of their contract.
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1.2 Garden Plus reserves the right to refuse/withdraw our maintenance services at any time during your contract with us
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1.3 Clients who abuse our maintenance routines by being absent from their property when the Contractor visits will be withdraw from our services permanently. Any advance payment will be retained to cover our loss of earnings.
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1.4 Clients have the right to alter/cancel their garden maintenance contract with us at any time in writing. You must give us at least fourteen days notice of any changes in your plans so that we can reorganise our work schedule accordingly.
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1.5 Clients who cancel scheduled visits, then leave long periods between their next appointment with Garden Plus 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, this will create more work and more waste for Garden Plus to dispose of. In these instances the Contractor will re-quote your maintenance price as a one-off job, then continue with a monthly rate if the garden in again regularly maintained i.e. weekly/bi-weekly or monthly.
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1.6 Clients agree to remove dog/cat waste/hazardous waste/litter from any areas we will be working in prior to our visit. Failure to do so may result in us being unable to carry out the planned maintenance and the client will be charged the full amount for the visit to cover our loss.
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1.7 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 us to work on. Garden Plus cannot take responsibility for any damages caused by the client’s failure to do this.
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1.8 For your own and our safety please ensure that your pets/young children are kept indoors whilst we are working on your property.
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2.Tree felling
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2.1 If we are 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 cannot be held responsible for breakages that occur to plants, shrubs or outdoor buildings as a result of branches falling.
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2.2 Felling trees can be hazardous therefore we ask that all clients, your pets or children remain in side your property whilst any work is underway.
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3.Stump removal
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3.1 The client shall remove any breakables from the area in which we are working.
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3.2 The client understand 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.
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3.3 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.
3.4 The client shall remain indoors whilst the Contractor is working, this is for the client’s safety.
4.Disposal of green waste
4.1 Garden Plus are registered Green Waste Carriers.
4.2 Garden Plus are 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.
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, events beyond control, or delays arising due to the client’s failure to adhere to their responsibilities as outlined in these terms and conditions.
6.Garden maintenance staff and landscapers
6.1 All our staff are fully trained and are up to date with their Health & Safety training.
6.2 Garden Plus understand that clients grow accustomed to a particular operative visiting and tending to their gardens, while we will endeavour to send the same operative each time this is not always possible and cannot be guaranteed. Please be assured however that all our staff are trained, skilled professionals.
6.3 Your visiting landscaper 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
6.4 Your contractor will not carry out extra work free of charge. We are always happy to include a new garden task for you upon our next visit, although a fee will be incurred for any extra time spent at your property.
6.5 Please try not to engage in chit-chat with our team when they are working, they will be using professional machinery and it is important that they pay full attention to the task in hand for theirs and your safety.
7.Customer care policy
7.1Garden Plus 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, then please inform us in writing.
7.3 We treat our clients concerns and comments as constructive and positive feedback and can only improve our services if informed of any shortcomings.
7.4 If there is concern in regard to any aspect of the services we are contracted to undertake, the client must inform Garden Plus immediately in writing.
7.5 The Contractor guarantees to investigate and respond to your concerns within 14 working days.
8.Garden Drainage Solutions
8.1 The client agrees to make all the necessary checks with the Water Board prior to The Contractor carrying out any drainage works.
8.2 The Contractor assumes that the client has acquired the relevant permission from The Waterboard for any drainage works carried out.
8.3 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.
8.4. 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.
Garden Plus reserve the right to change these terms and conditions at any time.
Law: Garden Plus’ terms and conditions shall be subject to the Laws of England & Wales, and the client agrees to be bound by the exclusive jurisdiction of these courts.
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