Terms & Conditions of Service
1. The term ‘The Client’ shall mean the rightful owner or tenant of the property, who will be responsible for all payments to the Contractor unless otherwise notified in writing prior to commencement of the works. All payments as set out in the Schedule of Works 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 Contractor’ shall mean Rosalind Vincent, trading as Roz Vincent Garden Design and Maintenance, who will be responsible to the Client for the works described in the Schedule.
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 agreed working hours. 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 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.
6. The Contractor shall supply and provide all tools and equipment necessary to carry out those tasks as set out in the Schedule. All machinery shall be in good order of repair and be in safe condition, 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.
7. The Contractor shall provide adequate suitable personal protective equipment, and carry adequate first aid and other items to ensure the safety of those working on site.
8. All operatives working on site must 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.
9. Any and all additional products, materials, etc including fertilisers, 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.
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, prior to the Contractor commencing the works.
11. The Schedule of Works 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.
12. Waste will be left on site in an area designated and agreed by the Client.
13. 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.
14. The Contractor shall leave the site in a clean and tidy condition after completion of the works for the session.
15. 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 48 hours notice, and a new date re-scheduled.
16. 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.