Terms and Conditions

Date:

Client:

Address of Site:

1. The term ‘The Client’ shall mean……………………………………….. who will be responsible for all payments to the Consultant unless otherwise notified in writing prior to the 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.

2. The term ‘The Consultant’ shall mean Beverly Law, Horticultural Consultant, Gardens Revitalised (Sole Trader) who will be responsible to the Client for the works described in the Work Schedule attached.

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

4. The Client shall provide proper access to the site at all times during normal working hours – 8.00am to 5pm – 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 works schedule, to allow for tools and equipment to pass without undue difficulty.

5. The Consultant shall maintain in force all necessary insurances including Public Liability.

6. The Consultant shall supply and provide all tools and equipment necessary to carry out those tasks as set out in the Works Schedule, including all fuels, oils and other lubricants as may be required. 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 Consultant shall not, at any time, use any tools and equipment belonging to the Client without express permission given at the time of use. The Consultant shall be liable for any damage caused to that article and not returned unless in good order).

7. All Specialist Experts that may be required to carry out surveys or other technical reports, or other contractors or labour elements shall be engaged directly by the Client and settlement of their accounts made directly by The Client. This is to avoid any future matters of responsibility between The Specialists and/or Contractors and The Client.

8. Any additional works required beyond those agreed in the Work Schedule, eg research, sourcing or resourcing, shall be properly treated as Additional Works or Variations and will be charged at the agreed rates as shown in the Quotation, and will be subject to separate payment as may be required, including travel costs or other disbursements.

9. Any and all additional products, materials etc including fertilisers, weedkillers, seeds, composts and other perishable and 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.

10. The Client to 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, dogs and small children prior to the Consultant commencing the works programme.

11. The Works Schedule and Quotation 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 Consultant (eg 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.

12. The Consultant 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.

13. The Consultant shall leave the site in a clean and tidy condition after completion of the works for the session (a photo will be taken).

14. If, for any reason, the Consultant deems the site unfit for working in a safe manner eg heavy frost, waterlogging, snow and/or ice, or the ground is not clear of excess animal waste, the Client shall be notified. 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.

15. If the site is closed, and works access forbidden by National Law or edict, the Client and the Consultant 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.