Planting & Garden Maintenance Terms & Conditions

We consider these terms set out the whole agreement between you and us for the supply of the Services. Please check that the details in these terms along with The Proposal & Estimate are complete and accurate before you commit yourself by paying for our services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing. Please ensure that you read and understand these Terms & Conditions before you pay for and submit an order, because you will be bound by them once you engage our design & consultancy services.

The term ‘The Client’ shall mean the addressee mentioned in The Letter of Engagement 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 Letter of Engagement are payable in a timely manner as defined by that letter, otherwise subject to a Late Payment surcharge of 2.5% per month accumulative on all outstanding sums until payment is made in full. No further works by the contractor will continue until all outstanding balances are paid in full.

The Term ‘The Contractor’ shall mean Jane Pearson Design who will be responsible to the Client for the works described in the Contract attached.

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

 2.      The Client shall always provide proper access to the site 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.

 3.      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.

 4.      The Contractor shall supply and provide all tools and equipment necessary to carry out those tasks as set out in the Letter of Engagement. 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 at the time of use. The Contractor shall be liable for any damage caused to that article and not returned unless in good order)

 5.      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.

 6.      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.

 7.      All additional products, materials, etc. including fertilizers, weedkillers, seeds, composts, and other perishable or non-perishable goods requested by the Client shall be properly charged for and shown on the invoice as extras over and above the rates.

 8.      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. Dogs and children are not permitted on site during works for health & safety reasons.

 9.      The Works Schedule, as set out in the Letter of Engagement, 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.

 10.    Waste Disposal is the responsibility of the Client and will be left on site in an area designated and agreed by the Client.

 11.    The Contractor to maintain 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.

 12.    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.

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

 14.    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 an entry made in the Day Book to record the problem. 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.    Supply of plants. The contactor will purchase the plants at wholesale cost including VAT on behalf of the client and arrange delivery. Client will be invoiced directly for costs including a 25% sourcing fee, procurement working time (at hourly rate) and mileage at £1 per mile (including travel time).

 16.    Plant ownership. The ownership of all plants (once purchased) along with their Plant Passports and Plant Biosecurity responsibilities and obligations remains with the Client in compliance with DEFRA.

 17.    Plant failure. The contractor cannot be held responsible for any plant failure on site and warranty on plants provided by the Contractor is limited to six months from date of purchase. The warranty does not include dehydration, drought, any physical damage whatsoever including wind, animal damage or neglect. Should a plant be replaced through failure, all endeavors will be made to replace it with a plant of equal size, color, shape, and general health to the original.

 18.    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.

 19.    The value of any claim made against this contract shall be limited to the value of works contained and described in the Letter of Engagement.