Evergreen Gardening
Terms of Business - Maintenance Contracts Only
Interpretation:
“Evergreen”, “our” or “we” shall mean Evergreen Gardening and its appointed agents and contractors, to include Independent Licensed Operators.
“The customer”, “you” or “your” shall mean the person or organisation who books a job and/or for whom Evergreen agrees to undertake works and/or supply materials.
“The customer’s premises” means the premises, land or property on which Evergreen is invited to work.
Terms of Business
Please read these Terms of Business carefully, as they set out our and your legal rights and obligations in relation to our services. By paying for services provided you are deemed to have accepted all of the terms and conditions set out below.
These Terms of Business should be read in conjunction with our accompanying letter which may include additional terms specific to the works to be carried out for you, or may vary the terms and conditions herein. For the avoidance of doubt, where any statement in our accompanying letter contradicts the terms and conditions herein, the statement in our accompanying letter will take precedence.
Basis of Contract:
Evergreen Gardening undertakes to provide services and goods in connection with garden maintenance in accordance with the terms and conditions herein. Unless we are notified by you within 30 days of receipt of these Terms of Business we assume you have accepted the terms and conditions herein.
Contracts between Evergreen and its customers run from 1st January to 31st December each year. Contracts will automatically renew on 1st January each year. Both Evergreen and the customer have the right to cancel the contract at any time subject to giving no less than one months’ notice. Evergreen will continue to provide garden maintenance services and goods (and additional works as agreed) until the expiry of the notice and the customer will be required to pay for these works.
Scope of Works & Delivery:
“Garden maintenance” includes any of the following: mowing, lawn care and lawn edging, weeding, pruning, and planting, tidying edges, mulching and jet-washing*.
*We will undertake jet washing on request but accept no claim or compensation arising from any damage caused by high pressure cleaning. The customer will be required to provide electricity and water at no charge to Evergreen.
Evergreen undertakes to make all reasonable endeavors to complete the work to your satisfaction within a reasonable timeframe. Unforeseen circumstances such as weather may hinder progress, and Evergreen undertakes to keep you informed.
“Additional works”, i.e. those falling outside the scope of garden maintenance, include but are not limited to: hedge cutting, works to trees (standing or fallen), fencing and landscaping (e.g. laying patios).
Any additional works required by the customer should be discussed with Evergreen in advance who will provide a quotation. Where additional works require collection of non-stock parts and/or materials, time spent will be kept to a minimum and charged at our hourly rate for landscaping.
The scope of works does not include the removal of green or general waste from the customer’s premises. For disposal of green waste, we would expect to make use of your green waste recycling facility (e.g. green or brown bin). If you would rather all garden waste was removed from your garden, we can do this for you but there will be a charge per bag irrespective of its level of fill.
The customer is responsible for the removal of litter and dog excrement prior to Evergreen arriving to undertake the works. If additional time is spent removing litter and dog excrement prior to commencing works, this time will be charged at our standard hourly rate for garden maintenance.
Price & Payment:
From 1st January 2020 and unless otherwise agreed, our standard rate for garden maintenance is £20.00 per person per hour (excluding materials and expenses). Our standard day rate is for 8 hours at a price of £150.00 per person (excluding materials and expenses). In addition where we require the use of a ride-on lawnmower an additional £25 per hour will be charged.
Any work requested by the customer which falls outside of the scope of garden maintenance will be charged at a rate for additional works which is £25.00 per person per hour, plus materials and expenses. Where appropriate charges for additional works will be added to the invoice, or alternatively we may invoice you for additional works undertaken separately.
Evergreen reserves the right at any time to revise the prices to take account of any factor beyond our control, or any delay caused by any instructions of the customer, or the failure of the customer to give Evergreen adequate information or instructions, or because of previously unknown obstacles causing extra work or damage to plant and/or machinery.
If Evergreen is unable to gain access to the premises at which you have booked a job you will be liable to pay a minimum amount equivalent to one hour at the standard hourly rate per person. This shall apply irrespective of the job being booked directly by you or by someone on your behalf, e.g. tenant.
Invoices will be issued at the end of the month or thereabouts. Evergreen reserves the right to invoice the customer immediately upon completion of the services provided or goods supplied.
You are requested to pay on receipt of the invoice. Payment must be made by BACS, standing order, or cheque unless otherwise agreed.
In the event that an invoice is unpaid after 30 days and it is necessary to institute legal recovery of the outstanding sum you will be liable to pay Evergreen Gardening’s legal fees in full. In the event of non-payment Evergreen shall be entitled to cancel or suspend the contract.
Liability
We shall not be liable for and accept no responsibility for unavoidable damage caused or any unforeseeable loss you may suffer as a result to maintenance or other 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.
Evergreen shall not be liable to the customer for any delay in performance or any failure to perform any of its obligations under the Contract if such delay or failure was due to any cause beyond Evergreen’s reasonable control including, but not limited to, acts of God, lock-outs, fire, or adverse weather.
It is not the responsibility of Evergreen to ensure ground conditions are safe. We use dangerous and fast moving equipment (mowers, strimmers etc.). Our working area should be free of stones and other objects. If a stone is thrown up and causes damage Evergreen holds no responsibility.
In the event that Evergreen Gardening is required to use plant and/or machinery Evergreen Gardening shall be free from any liabilities (including structural or accidental) when using plant and/or machinery, except for accidents caused by its improper use.
Children and animals should be kept away from persons using powered equipment. We cannot be held responsible for any injury sustained.
Evergreen accepts no liability for damage to utilities unless the position of utilities is clearly marked on a site plan.
Any accidental or malicious damage caused by the customer, their children or any third party during the course of the construction or maintenance may incur an additional repair charge.
General
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 our address and all legal matters arising from this contract will be handled within the area of the our choice.
Nothing in these Terms and Conditions shall reduce your statutory rights relating to workmanship and to faulty or mis-described goods.
Evergreen reserves the right to use any drawings, photographs or plans produced by us for any future publications, advertisements or displays whilst ensuring the anonymity of the customer.