The term ‘The Client’ shall mean individual or individuals who will be responsible for all payments to the Gardens by Rachel Ltd unless otherwise notified prior to commencement of the works. Unless otherwise advised, the Client shall be deemed to be the rightful owner of the property as per the address shown above.
The Term ‘The Contractor’ shall mean Gardens by Rachel Ltd who will be responsible to the Client for the works described in the ‘Maintenance Schedule’. Should The Contractor be unable to perform particular tasks, suitable external contractors will be suggested or arranged.
Nothing in these Terms shall affect The Client’s statutory rights as a Consumer.
The Maintenance Schedule is the works suggested by The Contractor and agreed by The Client for the agreed number of hours on a one-off or ongoing basis.
The Maintenance Schedule can be provided in writing upon request (fees apply) to provide information as to horticultural tasks to be performed and timings of these tasks.
The Client shall provide proper access to the site at all times during normal working hours – 09.00 – 17.00 Monday to Friday. Proper access shall be defined as reasonable passage into the site, both front and rear gardens as may be required, to allow for tools and equipment to pass without undue difficulty.
If The Client is unlikely to be at the site a key or a code should be provided.
The Contractor shall hold and maintain all necessary insurances, licences, certificates and other legally required documents and disclose them to The Client when requested.
The Contractor shall supply and provide all tools and equipment necessary to carry out those tasks as set out in the Maintenance Schedule. All machinery shall be in good order of repair and be in safe condition, and not hazardous to the operative or any other person on site. (The Contractor shall not use tools and equipment belonging to The Client without express permission given. The Contractor shall be liable for any damage caused to that article and not returned unless in good order).
The Contractor shall provide all personnel with adequate suitable personal protective equipment, and carry adequate first aid and other items to ensure the safety of those working on site.
All personnel working on site will be properly trained in the tasks they are set, and show due diligence in their working practices. These diligences include the wearing of protective equipment as required by their tasks.
Any additional products, materials, etc including plants, seeds, composts, mulches, vine eyes, and other perishable or non-perishable goods requested by The Client or necessary to perform the schedule of works shall be charged for and shown on the invoice separate to the hourly rates.
The Client will ensure that the site is clear of all obstructions including but not restricted to toys, furniture (unless the site precludes such operations), dog and cat faecal matter, prior to the Contractor commencing works.
The Maintenance Schedule includes all tasks and practices to adequately and professionally maintain a garden, including plants, borders, and other areas as agreed. Other works may be requested by The Client on an ad-hoc basis provided that due notice is given to The Contractor (e.g. clearance of unexpected storm damage) which may take priority over the scheduled works and prevent the scheduled works from taking place.
Additional and ad-hoc tasks need not affect the hourly rates unless additional expense is incurred for matters such as Waste Disposal.
Waste Disposal may take place if and when required by removing vegetative matter off site and transporting to the local Licensed Waste Disposal Depot (and will be invoiced accordingly) OR will be left on site in an area designated as agreed by The Client.
Upon request, The Contractor will provide, complete and leave on site, a ‘Day Book’, in which will be recorded those tasks and operations carried out during each visit. This Day Book will be left in an agreed position and can also act as a messaging service for The Client to leave instructions and requests for the Contractor in the event of absence by The Client.
The Contractor cannot be held liable for any damage to, or costs involved in, any underground hazards, hidden cables, obstructions or services not made known (in writing) prior to works commencing.
The Contractor shall leave the site in a clean and tidy condition after completion of the works for the session.
If, for any reason, The Contractor deems the site unfit for working in a safe manner e.g. heavy frost, waterlogging, snow and/or ice, or the ground is not clear of excess animal waste, The Client shall be notified and may reasonably still be charged for the visit.
In a likewise manner, The Client may cancel or postpone a visit by giving at least 48 hours notice, and a new date re-scheduled. Without 48 hours notice, and / or if we cannot fill the scheduled session with alternative work, The Client may be charged for the planned visit.
If the site is closed, and works access forbidden by National Law or edict, The Client and The Contractor agree to abide by that notice and neither Party shall be held liable for any costs involved in that hiatus, including and especially Breach of Contract.
All payments and invoices (as set out in the Maintenance Schedule, or agreed ad-hoc works or additional sundries) are payable upon receipt. Payment is expected within 7 days.
