General Terms and Conditions
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Definitions
Contractor shall mean Graham’s Gardens, a Sole Trading Company of Graham Togwell, its subcontractors or any person acting on behalf of and with the authority of Graham’s Gardens. The Contractors business address is 303 Marine Parade, Hunter’s Quay, Dunoon.
Customer shall mean the Person who is entitled to ask for services in relation to the property on which the service is to be carried out. Proof of entitlement such as a utility Bill (for residential addresses), or proof of ownership or acting as agent (for commercial premises) may be requested. This shall be extended to all persons acting on behalf of the customer.
Goods shall mean Goods supplied, by the Contractor to the Customer, as detailed on the original estimate and subsequent invoice. Goods shall be subject to the guarantee offered by the retailer where any subsequent goods are purchased elsewhere.
Services shall mean all services provided to the Customer by the Contractor, including any changes requested by the Customer which have been added since the original estimate was created.
Price shall mean the cost of all Goods and Services, including any equipment hire as agreed between the Customer and the Contractor.
The Site means the premises upon which all goods are to be delivered to and subsequently services carried out.
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The Estimate
The Estimated Price, provided prior to the commencement of provision of any goods or services, shall only be valid for three months from the date of the estimate. After this it may be taken up but prices may vary. The estimate shall be binding upon the Contractor, subject to any modifications..
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Acceptance
The instruction to proceed with any contract will be taken as acceptance of these terms and conditions.
Once acceptance of the terms and conditions has taken place, the terms and conditions are irrevocable and may only be amended with the written consent of the owner of the business.
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Delivery and Ownership of Goods
The different goods will not necessarily all be delivered at the same time, depending on the specific goods ordered. This occurs where for example a service is being provided which requires different goods at different times. Any late delivery by the Contractor or a third party will not constitute a repudiatory breach of contract.
Ownership of the goods shall not pass until the Customer has paid all money owing for the specific goods and the Customer has also met all other obligations due to the Contractor in respect of all contracts. Until the payment has been honoured the ownership of the goods will remain with the Contractor. Once payment of the full and final invoice has cleared the Ownership of the Goods will fully pass to the Customer.
Until ownership shall pass to the Customer the contractor may request the Customer return’s the goods to the Customer. This must be done in writing where this occurs and will only occur in extreme circumstances. Upon such notice the rights of the Customer to obtain ownership of the goods shall cease. If the Customer fails to return the goods to the Contractor, then the Contractor may enter the premises where the goods are situated to take possession of the goods, whether they have been put into application (e.g. planted) or not. Should the goods have been sold on to a third party the Contractor may start proceedings to recover the Price of the Goods sold by the Customer.
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Risk
The risk for the goods passes to the Customer upon delivery to the specified customer’s premises. This applies regardless of whether the Contractor retains ownership or not.
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Defects
Upon the goods being delivered, the Customer shall inspect the Goods and notify the Contractor within 24 hours of any defects, shortage in quantity or failure to comply with the original quotation. Failure to comply with this requirement may mean that the Contractor is not liable for any such defect whether it constitutes a loss or not to the Customer.
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Materials
All chemical vegetation control works will be carried out in strict accordance with the Control of Pesticides Regulations 1986, and any subsequent amendment thereof, and all current Control of Substances Hazardous to Health Legislation (CoSHH). All chemicals will be at our discretion and sole risk. All chemicals will be applied in strict accordance with current legislation and the manufacturer’s directions.
It is assumed that there is sufficient water on the site for all our requirements in order to be able to provide the service. If there is not please notify us so before commencement of any work.
Graham’s Gardens will provide all necessary tools for the proper execution of the works. We will also provide the appropriate personal protective equipment for all tools and plants used.
We will provide all plants, shrubs and sundry items at recommended retail price, or where possible at a discounted rate.
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Waste Disposal
Where possible, all grass cuttings and non lignified plant tissue to be composted under controlled conditions on the site, otherwise all waste will be removed from the site and transported to the local authority waste transfer station. Excess charges, subject to the estimate, may be made based upon the weight, distance and time taken to dispose of each load. The weight charge is levied by the local authority for all business waste.
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Standard Labour Rates
For any works which are additional to those specified in the document (i.e. planting, additional visits requested) our standard labour rates will be charged. This is with the exception of tree works, which will be priced separately. As of 18th November 2020 our standard labour rates are £29.00 per man per hour. We will provide you with one month’s notice of any changes to these rates during the period of this contract. Please expect annual reviews of our charges.
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Payment for Services and Goods
The Contractor may request a deposit for materials portion of the overall estimate. This is at the discretion of the Contractor. Should the Contractor deem it necessary he may request proof of the Customer’s ability to pay the final amount.
New customers will be asked to pay for services after each visit until at the discretion of Graham’s Gardens they will be transferred onto a monthly payment plan.
Both Goods and Services shall be invoiced monthly, even where there is a fixed agreement for services provided. Payment must be made immediately, usually sent on the 1st of each month.
There is no VAT payable on any services provided by the Contractor. However, where the Contractor uses external providers who do charge VAT, this charge will be passed on to the Customer.
Payment may be made by Cheque, cash, by electronic transfer or by standing order. The Contractor is unable to accept credit card payments at this time. Please make any cheques payable to Graham Togwell. Details of bank details are available upon request. Receipt of any form of payment other than Cash will not be deemed payment until that form of payment has been cleared.
Graham’s Gardens shall invoice monthly in arrears for works which take in excess of one month, or on completion for shorter duration works. All Invoices are payable immediately on receipt unless prior arrangements have been made.
We accept cheque, cash or standing order. We reserve the right to withdraw our services immediately in the event of non payment of invoices within 30 days. Monies owing as a result of arrears in payment of outstanding Invoices (after 30 days) will incur interest at the rate of 2% per day.
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Default Payments
Should an invoice become overdue, interest shall accrue from the date when payment becomes due, daily until the date of payment at the current daily rate of 2%.
Where the Customer defaults in payment, the Customer shall indemnify the Contractor against all costs and disbursements incurred by the Contractor in pursuing the debt including all legal costs and any debt collection agency or Solicitor fee’s.
Should the Customer remain in default for two consecutive months, the Contractor may suspend the Service being provided, or terminate the Supply of goods until payment has been received. The Contractor shall not be liable to the Customer for any loss or damage the Customer suffers because the Contractor exercises its rights under this Contract.
If an account remains overdue after sixty days (two months) then an administration fee of £25 shall be levied which shall be added to the outstanding invoice, and a new invoice created.
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Cancellation
Any contract with Graham’s Gardens may be cancelled up to 24 hours prior to the goods being ordered or the services having been commenced. On this occurring, if payment has been made in advance the Contractor shall repay the Customer in full.
Should the goods have been delivered, or the service have commenced delivery, then the Contractor may charge reasonable costs in having to cancel the contract, including the costs of collection of the goods and for any expenditure made as a result of entering into the contract. This will be not less than 50% of the total contract value.
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Obligations
The Customer shall co operate with the Contractor or other supplier to ensure delivery of goods at a time specified by all parties. Generally the Contractor will ensure delivery by another supplier is at a time suited by the Contractor. Where this occurs delivery occurs when the Customer actually accepts the goods. However, the Customer may wish to accept delivery of goods themselves. In such case the terms outlined above come into force.
The Contractor will warrant the goods at the time of delivery when s/he accepts the goods from another supplier.
The Contractor shall perform the services with reasonable skill and care to a recognised standard. In accordance with this the Contractor guarantees all Goods against faulty workmanship.
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Bad Weather
All scheduled works are based upon the weather being suitable for their implementation. In the case of bad weather (judged by ourselves) implementation of works will be suspended until a suitable mutual time or the next scheduled site visit. No penalty will be incurred as a result of the bad weather. If the suspended works are not made up, there will be no charge.
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Limitation of Liability
Nothing in these Terms and Conditions shall exclude or limit the liability of the Contractor for death or personal injury, however the Contractor shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
The Contractor shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. The Contractor shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
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Insurance
Graham’s Gardens will have in force Employer’s Liability Insurance and Public Liability Insurance of, £1,000,000.00 for any one incident.
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Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, terrorism, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
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Severence
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
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Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
These terms apply to all contracts and instructions to Graham's Gardens. Should you have any queries please do not hesitate to contact me on 01369 703832.
