TERMS & CONDITIONS

Definitions:

JS Trading & Investing Ltd t/a JS Garden & Property Services hereinafter will be referred to as the “Contractor”, "we", "us", "our" and "ours".

The “Client” "you", "your" and "yours" is defined as the person, firm, or company to be supplied with the services and or goods by the Contractor.

The Client’s premises is defined as the premises, land, or property on which the Contractor is invited to work at.

Please read these terms and conditions carefully. They set out our and your legal rights and obligations in relation to our services.

By accepting the Contractor’s estimate, or paying of deposits required and the works starting, the Client has deemed to accept all the terms and conditions listed below.

The Scope of Works

The work as detailed shall be carried out to the standard a reasonable person can expect.
The Client understands it is their obligation to the Contractor and indicate the line of the property boundaries, underground cables and pipes before work commences and the Contractor accepts no liability whatsoever for any losses/damages or future disputes which the Client may have with the owner(s) of neighbouring properties or other parties because of works carried out on or within the boundaries.
The Contractor may alter or withdraw any estimate or quotation at any time prior to the work being started/entering into a contract - This will be discussed with the Client before doing so.
As standard, the Contractor’s hours of operation are to be conducted any time from 07:00AM-19:00PM. If works require to work before 08:00AM and/or past 17:00PM this will be advised to the Client prior. If works are required to commence on weekends and/or national bank holidays, this will be advised to the Client with as much advance notice.
The Client shall, during performance of the Contract allow the Contractor, its employees and sub-contractors immediate access to the Client’s premises as are reasonably required by the Contractor for the performance of the Contract between 07:30AM to 19:00PM. Monday to Saturday inclusive and if the Contractor considers it necessary and the Client agrees, on Sundays between 10:00AM to 16:00PM.

Garden Maintenance

If we are required to remove green waste or general waste from the Client’s site, this will be subject to charge, as will parking, permit and congestion charges if applicable whilst collecting the green waste.
As standard, the Contractor’s hours of operation when undertaking all day garden works/clearances are to be conducted between 08:00AM-16:00PM. If works require to work before 08:00AM and/or past 16:00PM this will be advised to the Client prior. If works are required to commence on weekends and/or national bank holidays, this will be advised to the Client with as much advance notice.
The collection of non-stock parts and materials is chargeable, but time will be kept to a reasonable minimum. The Client shall be informed prior to the Contractor leaving the site where possible.
For regular maintenance work, please see section 4 for Payment Terms.
Pet fouling on lawns or soil. (Our expectation is that the Client should clear up after their pets before each of our visits). If any animal waste is present at the time of our visits, the Client accepts this will affect the overall outcome of the Contractor’s services and the full scope of works may not be completed.
It is expected of the Client to have the garden/grounds clear of any items such as toys, trampolines, benches, summerhouses etc. If it isn’t and the Contractor is required to clear the grounds, the Contractor accepts no responsibility for any damage to any items whilst removing them from the site.
If weedkiller is required and applied anywhere on the Client’s property, the precautions & hazard details will be advised by the Contractor to the Client prior to application, but it is solely the responsibility of the Client to deter any pets, children, pregnant women, elderly adults and any other vulnerable ones with defenceless health tendencies to abstain them from the area where the weedkiller has been applied for a minimum of 24 hours.
Any weedkiller will be required to be installed on a dry warm day only. Any wind or rainy conditions will not allow the weedkiller to be installed properly. We will only install with the Client’s permission - The Contractor will never apply weedkiller without the Client’s consent and/or knowledge.
The Contractor will not pick up dead animals/birds killed by pets or otherwise.
The Contractor reserves the right to recruit sub-contractors should a project require them.
The Contractor agrees to not dispose of any soil contents into the client’s green waste bin as this requires correct & proper methods of clearance. The Contractor agrees to only use the Client’s green waste bin for green waste only, if desired by the Client. If the Client would rather that the Contractor dispose of any green waste materials, then this will be charged additionally.
The Contractor won't take away any soil content from the Client's property, unless this has been part of the original quotation and agreed by the Contractor to undertake removing such content from the Site.
The Contractor will not be responsible for any accidental damage to the Client’s property from unintentional/random events – ie a stone caught in the Contractor’s equipment when in use and accidentally damaging the Client’s property, regardless if the Client’s insurance will cover the accidental damage or not.
All “ongoing" contracts/bookings will be for an infinite period (open-ended) until cancelled in writing by the Client.
The Client must give 30 days’ notice to the Contractor if they wish to cancel the proposed regular maintenance contract. In those 30 days, any regular and agreed booking dates will continue and be chargeable.

Estimates/Quotations

All estimates are valid for 30 days from the date of issue, prices may/may not increase after that date.
The prices payable for the works shall be those set out in the quotation. This will be the best price at the time of quotation and tailored to the site’s conditions and requirements.
Acceptance of the estimate supplied signifies acceptance of these terms and conditions and represents a binding contract between both parties.
Only the work described in the estimate is included. The supply of any other materials or labour costs to carry out such works other than those stated within the estimate will be reviewed and charged additionally and discussed with the client. Any alteration, modification or extras beyond the work specified in the estimate may be liable for an additional cost, which will be agreed upon by both parties prior to being undertaken.
No allowance is made in the estimate for any extra work required due to unknown, hidden, or undisclosed features.
The Contractor reserves the right to request the Client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons beyond its control.
If materials have a price increase since the time of quotation, these will be disclosed to the client and charged additionally with as much notice as possible.

Payment

The Client accepts that they will pay the Contractor the full contract/agreed sum (all costs incurred) chargeable and agree to the following contract terms:

Payment Terms:

All Clients are to pay on the day of completion of work/on receipt of invoice. (BACS) We do not accept any payment made by Cheque or Credit Cards.
If a job requires plants and materials to be purchased, the Contractor will require payment from the Client relating to these items at least 7 days before the agreed start date.
Where a project totals to £1,000.00 or more, a non-refundable 50% deposit will be required to be paid at least 10 working days before the dates the works are due to commence from the Client to the Contractor. The remainder balance will be required to be paid the day upon completion via BACS.
All skips for the removal of green waste are to be ordered and paid for by the Client, or ordered in advance by the Contractor and to be included in Client’s costings.
The Contractor reserves the right at any time to revise the prices to take account of any factor beyond the control of the Contractor, quantities or specifications for the Services and or Goods which is requested by the Client, or any delay caused by any instructions of the Client or failure of the Client to give the Contractor adequate information or instructions, or because of previously unknown obstacles causing extra work or damage to machinery. We also reserve the right to revise costings due to economic price rises relating to materials, goods, sub-contractor rates, equipment hire and labour charges etc.

Unpaid Invoices:

All completed work needs to be paid for on the day of completion of work. The Contractor will not return to undertake any further scheduled works until the previous invoice has been settled.
If the Client fails to make any payment on the due date, then without prejudice to any other right or remedy available to the Contractor, the Contractor shall be entitled to cancel or suspend the contract.
If a debt becomes 14 days overdue the Contractor is entitled to pursue the outstanding amount via debt collectors and potentially with the Small Claims’ Court, to collect outstanding monies plus all future court costs incurred by the Contractor. If it gets to the stage where the courts are involved, the debt is raised by a minimum £175.00 to cover admin charges.
For payments 14 days overdue interest will be charged at 8% plus the Bank of England base rate from the date the work was carried out.
The Contractor will have made all reasonable contact with the Client prior to these procedures being undertaken.
Any Client who disputes an invoice (following agreement to the original estimate) and then doesn’t pay in full will also be subject to the same conditions as stated above.

Miscellaneous

The Client will pay any extra work, or costs due to unknown difficulties or changes, which are not within the estimate. If parking charges/permits etc are required, these will be included to the client’s total invoice, if applicable. It is the responsibility of the Client to make parking arrangements for the Contractor during their entire stay for the agreed works, including contacting your district council to request a parking permit or parking bay suspension, if necessary. This also applies to skips and road closures. Any parking fees or fines accrued during the time of the service provided, are to be paid by the Client. Under no circumstance will the Contractor be responsible for any fees or fines.
As outlined in the Payment Terms area, materials or plants needed to be purchased in advance will form part of the first stage deposit, payable at least 7 days in advance of the agreed start date. If this or any invoices are not paid within seven days of being rendered, the client will be deemed to be in default and therefore in breach of contract. The Contractor will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.
In the event it is necessary to institute legal recovery of the outstanding sum, the client acknowledges they will be liable to pay the Contractor’s legal fees in full.
If the delivery date of goods is delayed by the Client, the Contractor reserves the right to charge the client the daily labour rate for all staff on site until the material arrives.
As a result of the Client’s change of mind materials from that already delivered on-site are required as a result of a subsequent Client’s change of mind, the Client will be solely responsible for payment of all additional costs.
The Contractor kindly asks that all Clients, pets, or children remain inside your property whilst any work is underway as this poses risk. It is at the Client’s discretion whether they choose to remove any garden pots/ outdoor furniture/ garden ornaments/ breakables /property of the Client, whilst the Contractor is operating any works or machinery. The Client understands that the Contractor cannot be held responsible for any breakages/damage to any persons or items/ plants/ shrubs/ property of the Client. Our team will be using professional/heavy/ potentially dangerous machinery, and wear safety equipment whilst doing so. It is of the utmost importance that the Client doesn’t interfere and we maintain the Client’s safety. This also refers to stationary tools, sharp equipment that may be on the ground, which the Contractor’s staff are engaging on & off with.
If neighbour disputes prevent/ delay any of the Contractor’s staff from carrying out agreed work, the Client will be charged for the Contractor’s lost time. This will involve the Contractor retaining your initial deposit to cover business costs. Please ensure the Contractor is made aware of any issues which may arise with your neighbours.

Cancellation

The Contractor reserves the right to charge a cancellation fee to the Client, in the event of the client rescheduling or cancelling their appointment at short notice (within 5 working days).

If cancelled within 96 hours of planned work, a 100% cancellation fee will be charged to the client.

If the Client reduces their requested gardening services time slot without giving 72 hours’ notice, the Client will be charged full labour costs for that visit.
If the Client cancels the gardening service upon arrival, the Contractor reserves the right to charge the full labour cost for that visit & fuel costs.

If the Contractor is unable to gain access, they reserve the right to charge the full labour cost for that visit & fuel costs.

The Client isn’t able to cancel any scheduled works due to mild weather interruption, such as rain, wind, heat (temperatures under 35°C). If there is a hosepipe ban in the area from the local councils, we will enforce this and not use any of the Client’s water resources.
The Contractor reserves the right to delay or stop the work completely or cancel the booking due to severe, adverse weather conditions (such as strong winds, storms, snow, hard frost, extreme rain, excessive heat or drought) which will not allow them to perform the required service in a safe manner/environment. Works will continue when it’s safe to resume, and the Client understands this may delay the start/completion date of the Contract. The Contractor will always inform the Client at the earliest of any such expected delays.
The Contractor agrees to undertake all reasonable endeavours to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall the Contractor incur any liability to the Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond his reasonable control.
The Contractor reserves the right to refuse or stop the services provided at any time if any of their staff members is being abused, threatened, or disrespected in any way by the client, neighbour or person on the Client’s site/grounds.
If the Client cancels a regular maintenance visit or project prior to completion, the Client is liable for any unpaid materials and the complete labour cost for the visit or project.

The Site

The Client commits to granting sufficient and reasonable access to the site throughout the period of completion of the Contract.
Access to water and electricity services will be provided by the Client at no additional cost to the Contractor.
As already mentioned under Miscellaneous, it is the responsibility of the Client to make parking arrangements for the Contractor during their entire stay for the agreed works, including contacting your district council to request a parking permit or parking bay suspension, if necessary. This also applies to skips and road closures. Any parking fees or fines accrued during the time of the service provided, are to be paid by the Client. Under no circumstance will the Contractor be responsible for any fees or fines.
The Client is to be on site to grant access or leave the site so that the Contractor can gain safe access to do the works. If a key/code is required, this will be disclosed by the Client to the Contractor before the booking date.
The Contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.
The Contractor undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather, staff sickness etc may hinder progress, and the Contractor undertakes to keep the Client informed and updated at all times.
The Client agrees to allow the Contractor access to recover goods and materials from the Client’s property until payment is made in full.
The Contractor is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions, or services, not made known to the Contractor in writing or apparent to us on visual inspection.

Materials & Plants

The Contractor always uses reputable high-quality suppliers for the supply of materials, plants, trees, and shrubs. However, it is unable to guarantee their performance once the Contractor has installed them.
Plants and turf are only warranted if given in writing (as aftercare is not in the Contractor’s control, they only guarantee that plants and turf were of the right quality and health when supplied, free aftercare advice is available and return visits can be arranged to give advice are available on request).
Natural products may show some colour and/or texture variations. Therefore, the Contractor cannot guarantee supplied materials are exact representations of any samples provided.
The Contractor will research and take the advice of the supplier as to the best way to install the material. If there are any problems arising with the product and the supplier advice has been taken, the Contractor accepts no responsibility, except where/if it has been improperly installed.
Materials delivered to the site and tools left on site become the responsibility of the Client. The Contractor accepts no responsibility for loss, damage, or expense after the delivery of materials to the site for any reason. Delivered plants if not planted immediately will be stowed in an agreed location within the Client’s garden. At this stage responsibility for the loss or theft of these plants will rest with the Client.
The Contractor cannot be held responsible for the fading of colours due to efflorescence. “Efflorescence” is the term most commonly used to describe the deposit of crusty white mineral salts that appear on a masonry surface (concrete, render, brick or mortar) that have leached out from within the substrate when moisture migrates through it.
Wood is a fully natural product and is therefore susceptible to potential changes in an external environment. Extreme temperatures or severe weather conditions will cause the material to expand and contract as a reaction. It may also cause the wood to warp, split, and lose its figure. In most cases, the product’s normal shape will be how it once was. The Contractor cannot be held responsible for any of the aforementioned damages.
If concrete materials are required, the Contractor reserves the right to cancel any works where outside temperatures drop below 5°C which is too cold to procure concrete correctly.
In extreme changes of weather conditions, certain plants, and materials such as terracotta, natural stone and other paving can be affected, suffering damage if not protected. The Client should take the necessary precautions to prevent damage as this is out of the Contractor’s control.
The Contractor accepts no liability to accidental, weather or wear & tear damage to any materials or plants to ongoing or completed works.

Maintenance after Planting
All watering of plants, trees, shrubs, and turf becomes the responsibility of the Client once the contract has been completed. The Contractor cannot accept any responsibility for the survival once the contract has been completed.
Any plant issues raised by the Client will be advised by the Contractor to refer to the plant supplier for assistance under their warranty terms.

General

The Contractor will agree on a date and time with you for the works to commence and we shall use our best endeavours to ensure the operative(s) attend on the time and date. However, we accept no liability in respect of non-attendance or late attendance of the Contractor or for the late or non-delivery of goods by their suppliers.
The Contractor shall not be liable for and accept no responsibility for unavoidable damage caused, or any unforeseeable loss you may suffer as a result of the works carried out, nor shall we be liable for any loss of nature which is not caused by our negligence or our breach of the terms of the agreement between us.
This contract shall be regarded as an English contract and shall be construed and the rights of parties according to the laws of England and Wales. Irrespective of the place of signing this contract, it is deemed to have been made at the address of the Contractor and all legal matters arising from this contract will be handled within the area of the Contractor’s choice.
Any accidental or malicious damage caused by the Client, their associates or any third party during the maintenance may incur an additional repair charge.
The Contractor has public liability insurance.
The Contractor is a licensed waste carrier.

Maximum Liability

The Contractor’s liability to the Client for any loss or damage of whatsoever nature howsoever caused shall not in any circumstances exceed the price of the part of the Contract or Services from which the liability arises.

Complaints

If the Client files a complaint after 5 working days after the Contract works are completed, this will not be acknowledged by the Contractor. The Contractor will aim to solve any issue prior to any complaints being made whilst works are ongoing in relation to the Contract.

Copyright

All original designs, drawings, specifications, photographs, and written material remain the property of the Contractor. The Contractor reserves the right to use any such material for promotional purposes, marketing displays or for any other purpose they see fit, whilst ensuring the anonymity of the client and upholding GDPR at all times.

JS GARDEN & PROPERTY SERVICES LTD

in partnership with JS TRADING & INVESTING LTD

01903 250058

jsgandhservices@gmail.com

Company No: 13209479

TERMS & CONDITIONS: FAQ