1st GARDEN MAINTENANCE Ltd
STANDARD TERMS AND CONDITIONS OF SUPPLY
1. Definitions
1.1. The following definitions shall apply for the purposes of these standard terms and conditions of supply:
1.2. "the Company' means 1st Garden Maintenance Ltd (company Registration No.7908022)
1.3. ' the Customer' means the person, firm or company to be supplied with the Services and or Goods by the company.
1.4. ”the Contract” means the contract for services made between the company and the customer to which these conditions apply,
1.5. "the Goods " means the goods, materials, and or other items to be supplied pursuant to the Contract,
1.6. "these Conditions” means these "standard terms and conditions of supply,
1.7. “the Services" means the services to be supplied under the Contract.
1.8. "the customers premises" means the premises, land, or property on which the company is invited to work.
2. Basis of Contract
2.1. In any event these Conditions shall apply to each and every agreement for the supply of Services and Goods by the Company and supersede any previous terms and conditions of the Company and shall prevail over any other terms. No variations to these Conditions shall be binding upon the Company unless agreed in writing by it.
2.2. The Company's employees or agents are not authorized to make any representations concerning the Services unless confirmed by the Company in writing. In entering into the Contract, the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
2.3. A customer's order shall be deemed to be accepted by the Company only if confirmed in writing by the Company or the Company acts upon it. The Company may alter or withdraw any estimate or quotation at any time prior to a Contract being entered into.
2.4. No order which has been accepted by the Company may be canceled by the Customer except with the agreement in writing of the Company.
2.5. All “recurring" contracts will be for an infinite period (open-ended) until canceled, and subject to a minimum number of visits, unless otherwise agreed in writing.
3. Price
3.1. The prices payable for the Services shall be those set out in the quotation.
3.2. Any work requested by the customer that is not set out in the quotation will charged at the current rate of £25 person per hour and added to the invoice as extra work.
3.3. The Company reserves the right at any time to revise the prices to take account of any factor beyond the control of the Company, quantities or specifications for the Services and or Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions, or because of previously unknown obstacles causing extra work or damage to machinery.
4. Terms of Payment
4.1. Subject to any special terms agreed in writing between the Customer and the Company and without prejudice to the Conditions above, the Company shall be entitled to invoice the Customer immediately upon completion of the services provided or goods supplied.
4.2. Unless otherwise agreed in writing by the Company, payment for all fees, expenses and charges in respect of the Services shall be made by cash or cleared funds on or before the "Due Date" on the Company's invoice.
4.3. Interest shall be payable on overdue accounts at the rate of 3 % per month from time to time to run from the date of invoice until receipt by the Company of the full amount whether or not after judgment.
4.4. The company will charge a minimum of £25 for each and every phone call, letter, statement, or other action / event taken to recover an over due account.
4.5. The times of payment of the price of the services and all fees expenses and costs shall be of the essence of the contract,
4.6. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
4.6.1. cancel or suspend the contract
4.6.2. appropriate any payment made by the Customer to such of the Services and or Goods (other than goods Supplied under any other contract between the Customer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Customer).
4.7. The customer shall make payment to the company for any scheduled visit where work is not carried out, or partly carried out due to the following conditions on the site,(1) no reasonable access,(2) for reasons of health and safety.
5. Completion and Delivery
5.1. Completion dates for Services and or delivery dates for Goods set out in any quotation or acceptance are approximate only and the Company shall not be liable for any delay in completion of the Services and or delivery of the Goods howsoever caused. Time for completion and or delivery shall not be of the essence of the Contract.
5.2. Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery to the customer or if the Customer wrongfully fails to take delivery of the goods.
6. Minimum contract period for recurring contracts
6.1. Fortnightly Garden Maintenance contracts are for fortnightly throughout the year, with a minimum of 15 visits per contract.
6.2. Fortnightly Lawn Mowing contracts are for fortnightly visits between the 15th of February and the 30th of November, with a minimum of 20 visits per contract.
6.3. Lawn Treatment contracts are for one visit per season ( four per annum), with a minimum of 4 visits per contract.
7. Liability
7.1. The Company shall bear no liability in respect of any damage by the Company to the Customer's premises in respect of which the Customer shall claim against its insurers.
7.2. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Except in respect of death or personal injury caused by the Company's negligence and save as otherwise set out in these Conditions, the Company shall not be liable to the Customer by reason of any misrepresentation or any implied warranty, conditioner other item or any duty at common law or under the express terms of the Contract or for any indirect, special or consequential loss or damage whether or not such loss or damage was reasonably foreseeable (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether caused by the negligence of the Company, its employees subcontractors or otherwise) which arises out of or in connection with the supply of the Goods and or Services or in the case of Goods their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods or Services as appropriate or the amount of cover afforded by the Company's insurance (whichever is the lower figure).
7.3. The Company shall not be liable to the Customer for any delay in performance or any failure to perform any of its obligations under the Contract if such delay or failure was due to any cause beyond the Company's reasonable control including, but not limited to, acts of God, strikes, lock-outs, fire, adverse weather conditions.
7.4. The Company shall not be liable to the Customer for any loss or damage arising from any representations, agreement, statements or undertakings made prior to the Contract other than those confirmed in writing by a duly authorized representative of the Company or expressly incorporated or referred to in the Contract.
8. Cancellation of contract.
8.1. All recurring contracts shall, unless otherwise agreed in writing between the Company and the Customer, be capable of cancellation by the Customer only after the minimum number of visits have taken place, and there upon the Customer giving to the Company one calendar month prior written notice and the Contract will expire at the end of such notice period, or immediately upon the Customer paying in advance a sum equal to the total cost of the outstanding scheduled visits for the minimum contract plus the one months notice period
8.2. If the Customer cancels a Contract for a "one off job", the Company may make a cancellation charge in respect of the Services calculated by reference to the number of hours spent on the Contract by the Company and its employees and its current hourly rate together with all reasonable charges incurred by the Company as a result of such cancellation.
8.3. The Company may terminate a Contract at any time after the minimum contract period has expired by giving one months notice.
9. Customer's obligations
9.1. The Customer undertakes promptly to provide the Company with all information, which the Company may require in order for the Company to carry out its obligations under the Contract.
9.2. The Customer shall:
9.2.1. during performance of the Contract allow the Company, its employees and contractors immediate access to such part or parts of the Customer's premises as are reasonably required by the Company for the performance of the Contract between 7.30am to 7.OOpm. Monday to Saturday inclusive and if the Company considers it necessary and the Customer agrees, on Sundays between 10am to 4pm.
9.2.2. make the premises or grounds safe to work in and comply with health and safety regulations.
9.2.3. reimburse the company for any damage caused to its machinery by unseen objects or objects that are not clearly visible at the time damage occurred during the performance of the contract
10. Copyright
10.1. These Terms and Conditions of Supply are the copyright © of 1st Garden Maintenance and must not be copied for any purpose whatsoever, except with the written consent of the owners / directors of 1st Garden Maintenance.