By Rachel Gardens


Terms and Conditions (Garden Maintenance)

  1. The term ‘The Client’ shall mean individual or individuals who will be responsible for all payments to the Contractor unless otherwise notified in writing prior to commencement of the works. Unless otherwise stated in writing, the Client shall be deemed to be the rightful owner of the property as per the address shown above. All payments as set out in the Works Schedule are payable in a timely manner as defined by that Schedule, otherwise subject to a Late Payment surcharge of 2.5% per month accumulative on all outstanding sums until payment is made in full.


  1. 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.


  1. Nothing in these Terms shall affect the Client’s statutory rights as a Consumer.


  1. 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 by the Maintenance Schedule, to allow for tools and equipment to pass without undue difficulty.


  1. If the Client is unlikely to be at the site a key should be provided.


  1. The Contractor shall maintain in force all necessary insurances, licences, certificates and other legally required documents and disclose them to the Client when reasonably called upon to do so.


  1. 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, at any time, use any 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)


  1. 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.


  1. All operatives 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.


  1. Any and all additional products, materials, etc including fertilisers, seeds, composts, plants and other perishable or non-perishable goods requested by the Client or included in the schedule of works shall be properly charged for and shown on the invoice as extras over and above the rates.


  1. 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.


  1. The Maintenance Schedule includes all operations, tasks and practices to carry out those items. Other works may be carried out 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. These tasks need not affect the rates unless additional expense is incurred for matters such as Waste Disposal.


  1. Waste Disposal may take place if and when required by removing vegetative matter off site and carting to a Licensed Waste Disposal Depot and charged at the rate shown in the Letter of Quotation, or left on site in an area designated as agreed by the Client.


  1. 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 a visit. This Day Book to be left in an agreed position, which should 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.


  1. 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.


  1. The Contractor shall leave the site in a clean and tidy condition after completion of the works for the session.


  1. 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.


  1. In a likewise manner, the Client may cancel or postpone a visit by giving at least 24 hours notice, and a new date re-scheduled. Without 24 hours notice, the Client may be charged for the planned visit.


  1. 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.