TERMS & CONDITIONS 2023

1. Definitions:

1.1 The definitions and rules of interpretation in this clause shall apply in these Terms and Conditions

1.2 Start Date is the date that The Contractor shall start The Client’s work. The start date will be agreed between The Contractor and The Client

1.3 The Contractor means Old Village Home & Garden Services and their employees.

1.4 The Client means the person/s, firm/s or company/ies who enters into a Contract with The Contractor for the provision of hard/soft landscaping/garden maintenance works etc

1.5 Intellectual Property means the plans, drawings and quotations submitted by The Contractor (whether before or after the making of the contract)

1.6 Site means the location where the works are to be performed by The Contractor

1.7 Quotation means the documents including detailed plans and/or drawings describing the Works provided by The Contractor

1.8 Works means the work to be carried out by The Contractor under The Contract as set out in the Quotation together with any other services which The Contractor agrees to provide to The Client

2. CONTRACT AND QUOTATIONS

2.1 Acceptance of the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum or to be confirmed) given by Old Village Home & Garden Services means that the Client has read and understood the terms and conditions set out below.  Any queries should be clarified before the job specification and associated costings (referred to here as The Contract) are accepted and The Works (the work referred to in The Contract) have begun.

2.2 The Quotation/Contract price is valid for 30 days from the date shown on the quotation. After 30 days the quotation will lapse. If you wish to proceed with your quotation, you must let us know before the 30-day period expires.

2.3 We reserve the right to increase The Quotation price with prior notification to the client if the works are to commence beyond 60 days from the date of quoting. This will only relate to factors outside of our control leading to a price increase. Examples are – Raw materials increases, fuel price increase and minimum wage rate increases.

2.4 All Contracts must be confirmed in writing before work commences. Email confirmation is acceptable but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions herein, in order that the Contract is legally binding.

2.5 No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing.

2.6 A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract.  Additional labour will be charged by the hour or day as applicable. All costs are subject to VAT at the applicable rate. Additional materials shall be quoted for and agreed to before these added works are undertaken.

3. CLIENT RESPONSIBILITIES:

3.1 We ask that the Client ensures there is adequate access to the Site. For example, that all vehicles and other obstacles are removed; that gates, doorways and passageways are clear of obstruction and unlocked; that neighbours are notified where access is required to carry out the work. We also request that all animal faeces be cleared from the site. You will be charged an additional fee if we need to re-attend due to this not being done before we are due to start. Please advise of any issues with neighbours that may cause problems to access etc. This is especially relevant where we are undertaking fencing. Neighbours must be given notice to ensure animals are secured before fencing is removed.

3.2 The Client shall be responsible for ensuring the safety of themselves, their children, family members, pets, animals, and visitors at all times whilst work is being carried out on their premises.

3.3 The Client should inform us regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the Contract. We are not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions, or services not made known to us in writing or apparent on visual inspection

3.4 Should additional work arise due to unknown or undisclosed structures such as those outlined above, then we may be required to add additional labour to the project or extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the client before proceeding further.

3.5 The Client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regards to the Works unless request has by made to us to carry this out on the client’s behalf. The Client shall indemnify Old Village Home & Garden Services against any claim/proceedings/loss or expense resulting from the Client failing to gain permissions/give notices/pay fees required in whole or in part. It is the responsibility of The Client to ensure The Contractor is made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved, for example if the property falls within a ‘designated area’ etc.

3.6 We ask to be provided with visitors parking permits where applicable parking restrictions are in place.  Parking costs for vehicles attending the job site in connection with the Works will be charged in addition to the Contract sum, on completion of the Works.

3.7 The Client will provide access to water, electricity, and toilet facilities wherever possible for use by The Contractor whilst carrying out the agreed work. The provisions of these services and facilities shall be at the sole cost of The Client. If any of these facilities are not available, we need to be made aware in advance of the work commencing.

3.8 If applicable, watering and care guides for turf and/or plants are given to the Client on completion of The Works. It is the responsibility of the Client to carry out this care in accordance with these guides and no responsibility for plants or turf will be taken by Old Village Home & Garden Services once the Works have been completed. The plants we provide have no specific guarantee from our suppliers once they leave their nurseries, therefore we can also offer no guarantee either.

3.9 Garden drainage works: The Client agrees to make all the necessary checks with the relevant Water Board prior to us carrying out any drainage works. We will assume that The Client has acquired the relevant permission from the Water Board for any drainage works carried out. The Contractor cannot be held responsible for any issues which may arise with the existing drainage system after new drainage has been installed or connected to the existing drainage system.

3.10 The nature of our work means that sometimes existing plants or ground may be damaged as a result of digging out fence posts or grinding out tree stumps for example. Whilst we always try to minimise any damage, sometimes it is unavoidable and this needs to be accepted. Please advise if we need to consider moving or altering the work to avoid specific plants.

4. TRADING TERMS

4.1 Our payment terms: A deposit of 50% of the agreed Contract sum (inc VAT) is requested to be paid 6 weeks in advance of the works commencing, with the balance payable within 7 days of fulfilment of The Contract, unless the Works are commencing within 6 weeks of the quotation being accepted, in which case the 50% deposit is payable as soon a written agreement is received. Invoicing and payment for any additional costs agreed will take place at an appropriate stage of The Works – to be agreed between the client and Old Village Home & Garden Services. Payments should be made to Old Village Home & Garden Services preferably either by Bank Transfer or with Cash. Currently we do not accept Credit Card Payments. Cheques are to be made payable to Roger Chapman.

4.2 Late payment of invoices for completed works, beyond our 7-day payment terms, will be subject to a 5% monthly interest charge (on all outstanding amounts). In addition, a £30.00 administration charge will be added to each subsequent invoice, limited to one per month. Once written agreement has been received, Old Village Home & Garden Services reserve the right to enforce late payment charges in accordance with our terms and conditions.

4.3 Cancellation: The Client must give 30 days’ notice prior to the work ‘start date’ if they wish to cancel the proposed landscaping project. Any unrecoverable costs incurred in respect of commitments made for materials during that period may be charged in full to The Client. For cancellations that do not give The Contractor 30 days’ notice prior to the agreed start date, 50% of all agreed fee rates will be charged. In addition, any materials that have been purchased on behalf of The Client, or any other unrecoverable costs in respect of commitments made during that period, for example for machine hire contracts, will be charged to The Client. Old Village Home & Garden Services will also have the right to retain any deposits paid to cover their losses. Notice of cancellation must be made as soon as possible by The Client, initially by telephone, and then supported by written confirmation sent by Royal Mail registered post, or via e-mail to info@oldvillagegardens.co.uk.

4.4 Old Village Home & Garden Services shall have lien on all goods and materials remaining on site until full payment of all monies has been made.  We shall have free access to enter the site to remove such goods and materials. Materials delivered to the site become the responsibility of The Client and we accept no loss, damage, or expense after delivery of the materials to the work site for any reason. We shall not be liable for any loss or theft of materials from the site. Any additional materials required following damage, loss, or theft shall be at The Client’s expense.

4.5 Delays:  Old Village Home & Garden Services hereby excludes liability to the Client for any loss, cost or damage of any kind arising out of its failure to perform or complete the Works by reason of matters beyond Old Village Home & Gardens control and which it could not have reasonably foreseen at the date of the Contract. We undertake to use all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall we incur any liability to The Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond our reasonable control. Weather conditions, including snow, hard frost, extreme rain, excessive heat, or drought may cause the delay of a start or completion date of a Contract. We will always inform you at the earliest of any such expected delays. Staff illness/death of family members may cause unavoidable delays to landscaping projects as we are a very small team. If a member of our team has an illness or is off work due to an extenuating circumstance that are beyond their control this is going to affect a start or end date of a project. You will be informed as soon as is practically possible.  If delays are caused by other companies working on-site that have not been contracted/employed by us it may result in charges to The Client to recover business losses/costs

4.6 Old Village Home & Garden Services cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation, animal interference and severe weather conditions.

4.7 Old Village Home & Garden Services cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work commencing.

4.8 Old Village Home & Garden Services will be happy to discuss appropriate material and installation guarantees for specific Works at the client’s request. However, please note that we do not have a standard set of terms of guarantee due to the nature our work.

4.9 Any concerns or complaints after the Works have been finished should be given to Old Village Home & Garden Services within 7 days of completion of Works. Email details to info@oldvillagegardens.co.uk

5. OTHER INFORMATION

5.1 We will always ask for permission to use photos or videos of the work (before, during and after) for use on our website or social media pages. If the client declines or later withdraws permission we will agree not to publish or we will remove them, as applicable.

5.2 Old Village Home & Garden Services are registered with a lower tier Waste Carriers Licence, which means we can only remove the waste we generate. Please do not ask us to remove any other form of household waste or green waste which is not a by-product of our work on your property. We will not be able to do this.

5.3 We pride ourselves on our customer service and welcome any feedback both negative and positive to enable us to continue to improve. Please feel free to speak to Roger or Charlotte if you have any concerns or issues.