The term ‘The Client’ shall mean the person, person or organization 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 on all estimates, quotations and proposals. 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 8% per month about the bank of England base rate, accumulative on all outstanding sums until payment is made in full.
The Term ‘The Contractor’ shall mean Rosewood who will be responsible to the Client for the works described in the Contract attached.
Nothing in these Terms shall affect the Client’s statutory rights as a Consumer.
The Client shall provide proper access to the site at all times during normal working hours – 08.00 – 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 works schedule, to allow for tools and equipment to pass without undue difficulty. Failure to provide access will result in a charge of £45 plus VAT or a full visit cost whichever is cheapest.
The Contractor shall maintain in force all necessary insurances, licenses, certificates and other legally required documents and disclose them to the Client when reasonably called upon to do so.
The Contractor shall supply and provide all tools and equipment necessary to carry out those tasks as set out in the Maintenance Schedule, including all fuels, oils and other lubricants as may be required. All machinery shall be in good order of repair and 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 at the time of use. 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 operatives working on site must be properly trained in the tasks they are set, and show due diligence in their working practices. This diligence includes the wearing of protective equipment as required for their tasks.
Any and all additional products, materials, etc. including fertilisers, weedkillers, seeds, composts, 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.
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, prior to the Contractor commencing the works programme. Failure to clear obstructions will result in us not carrying out a visit but still charging for a full visit.
The Works Schedule, as set out in the Letter of 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 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.
Waste Disposal may take place 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 and agreed 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. 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.
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.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, accident, storm, adverse weather, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, failure of public or private telecommunications networks or utility services, any law or action taken by a government or public authority, including without limitation restrictions on movement of people or access to premises, or imposing an export or import restriction, quota or prohibition.
Signed for and on behalf of Rosewood Garden Services Limited
