Terms & Conditions
These are our standard terms and conditions for landscaping. For our regular domestic maintenance and commercial maintenance terms then please contact the office on 01827 716725. Use of our services constitutes acceptance of these Terms & Conditions.
These terms and conditions shall apply to any quotation and shall be deemed to apply unless expressly modified or excluded in writing by Harborne Gardening Services (hereby known as the Contractor).
These terms and conditions have been written to produce a transparent transaction, bound by a contract, to protect both parties.
1.1 The quotation price is valid for 30-days from the date shown on the quotation and the expiry date is stated on all quotations. If you wish to proceed with your landscaping job you must let us know in writing before the 30 day period expires. Quotes that have expired will need to be re-quoted before works can go ahead to reflect market conditions and pricing changes.
1.2 The quotation is based on conditions and information provided by the client at the time of site visit.
1.3 The client will pay any costs related to additional works, over and above that which is detailed in the quotation.
1.4 All quote changes and additional work (outside of those agreed in the quote) to be pre-agreed and approved by the client before commencing.
1.5 Any special conditions, of which Harborne Gardening Services has been informed will be noted in the quotation.
1.6 It is the responsibility of the client to ensure we are made aware of any special/statutory bylaws/Conditions/Permissions that may be involved.
1.7 Harborne Gardening Services accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before the commencement of any works.
2. Scope of work
2.1 Harborne Gardening Services shall carry out and complete the landscape work/maintenance work described in the quotation document in a professional manner. They shall have no obligation to execute any further work unless agreed in writing between the parties of the contract.
3. Landscaping work
3.1 The landscaping work or service is as described to the client in the form of a formal quotation, this will always include measurements and descriptions of the work to be carried out.
3.2 The client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements.
4. The site
4.1 The client warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes, and cables, sewage or land drains, foundations or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing to the Contractor prior to the submission date of the quotation. Harborne Gardening Services shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.
4.2 Timely possession of the site and proper and adequate access to it must be made available by the Client to the Contractor to enable the work to be carried out in a regular and economic manner.
4.3 The Client will provide access to water, electricity, and toilet facilities wherever possible for use by the Contractor in carrying out the work agreed. The provisions of these services and facilities shall be at the sole cost of the client.
4.4 The client shall be responsible for ensuring the safety of their children, family members, pets, animals, and visitors at all times whilst work is being carried out on their premises.
4.5 The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.
4.6 The client will remove and dispose of any pet waste before work begins.
4.7 The client will move any garden furniture/children’s play equipment/ garden plant pots prior to work commencing.
5.1 At Harborne Gardening Services, our quoted price is our best price. Quotations are not open to negotiation.
6.1 Materials delivered to the site become the responsibility of the Client and the Contractor accepts no loss, damage or expense after delivery of the materials to site for any reason.
6.2 All materials brought to the site which prove to be in excess to the Contractor’s requirements shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.
6.3 The contractor 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.
7.1 All invoices are payable within 5-working days of receipt of invoice. Interest will be charged from the due date of payment on all invoices at 5% above the Contractor’s Banker’s Base Lending Rate per annum until actual payment is received/clears.
7.2 Garden Maintenance contracts should also always be paid in full on the day of completion or the same late payment fees will apply.
8. How to pay Harborne Gardening Services
8.1 Payments should be made to Harborne Gardening Services either by Bank Transfer or cheque - details are always stated on the invoice.
9.1 A 20% deposit may be required to secure and guarantee a work date in our diary. Details of any deposit required will be stated on the Client quotation.
9.2 A further 30% payment may be payable three-weeks prior to your landscaping project commencing, this is to pay for your materials. Details of any deposit required will be stated on the Client quotation.
9.3 The remaining balance is payable within 5-working days of the invoice date. Late payment will incur a late payment fee in line with terms 7.1.
10. What work will be carried out and by whom and who’s responsible for what.
10.1 Only landscaping work detailed in the signed quotation will be carried out by the Contractor.
10.2 The quotation is a detailed, accurate description of discussions and plans that have been agreed by the client and Harborne Gardening Services.
10.3 All work will be carried out by Harborne Gardening Services’s experienced staff.
10.4 The client shall provide access to the site during Harborne Gardening Services normal working hours (8 am until 5 pm including Saturdays in Winter months and 7.30 am – 5.30 pm in the Summer months ).
10.5 Any addition and/or alterations to the already agreed schedule shall be properly treated as variations and subject to written quotations.
11. Soft Landscaping – Anything which is living
11.1 The contractor is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, shrubs, trees, plants, or hanging baskets following delivery/practical substantial completion.
11.2 It is the clients’ responsibility to water/feed turf, plants, trees, hanging baskets, newly planted shrubs/trees after a landscaping project has been completed. Upon practical substantial completion, the responsibility for the care and watering of all living matter is handed over to the client and will require regular attention until established. Details of any aftercare will be included in the customer invoice or sent in writing by email.
11.3 Any plants, hanging baskets, shrubs, trees purchased, or delivered to the site can not be exchanged or returned.
12. Accidental/weather damage to completed hard or soft landscaping
12.1 After practical substantial completion, Harborne Gardening Services is not able to accept responsibility for any damage to hard or soft landscaping for example: Through the elements, including drought, winds, rain, and frost to any material(s) including plants. This includes freeze-thaw action occurring in the cement work of brickwork, patios, and paving.
12.2 Accidental damage caused by the client, client’s family/friends, or via a third-party who has no connection to Harborne Gardening Services to materials or completed projects will not be covered by Harborne Gardening Services under any circumstances.
13. Delays or disruption
13.1 Harborne Gardening Services undertakes to use 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 delays arising from force majeure, adverse weather conditions or events beyond reasonable control.
13.2 Weather conditions, including (but not limited to) snow, hard frost, extreme rain, excessive heat, stormy weather may cause the delay of a start or completion date of a contract. We will always inform you at the earliest, most convenient time of any such expected delays.
13.3 Whilst, we will always endeavour to start and complete landscaping jobs on time, if a member of our team has an illness or is off work due to an extenuating circumstance that is beyond their control and this is going to affect a start or end date of a project you will be informed as soon as possible.
13.4 Delays caused by companies working on-site that have not been contracted/employed by Harborne Gardening Services may result in charges to the client to recover business losses/costs.
13.5 Harborne Gardening Services will always inform you as soon as it is practically possible if we need to alter your landscaping start or completion date for any reason.
14.1 Harborne Gardening Services photograph and video all of our landscaping and garden maintenance work before & after. These photographs/videos may be used on our website or social media pages. All photographs are the property of Harborne Gardening Services.
15. Additional work
15.1 Work that is not included within the original quotation/s and that are/is later requested by the client, or client representative will be treated as additional works. Harborne Gardening Services will always try to carry out any additional work you request at the same time as an ongoing project, however, sometimes especially when we are very busy this may not be possible. In this instance, a separate work date and quotation will be provided and will need to be agreed upon.
15.2 Harborne Gardening Services will provide detailed costs of additional work for the client’s consideration in the form of a quotation.
16. Machinery, tools, and fuel
16.1 Unless clearly specified by the Client, The contractor will provide machinery, tools, and fuel to undertake works that are detailed in the quotation/work schedule/garden maintenance contract.
17.1 The notice period for cancellation of work is fourteen clear days (inclusive) from the date your quotation was confirmed and the work agreed.
17.2 Any unrecoverable costs incurred in respect of commitments made for materials during that period will be charged in full to the client.
17.3 For cancellations that do not give the Contractor fourteen clear days (inclusive) notice from the date you approved your quotation, 50% of all agreed fee rates may 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 e.g. machine hire contracts will be charged to the client. Harborne Gardening Services reserve the right to retain any deposits paid to cover their losses.
17.4 Notice of cancellation must be made as soon as possible, initially by telephone, and then supported by written confirmation. You can email us at firstname.lastname@example.org or call the office on 01827 716725
Harborne Gardening Services is 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.
Harborne Gardening Services is not able to accept responsibility for any of our clients’ electrical appliances that may be unplugged/switched off during the working day for the purpose of using the client’s power source or for safety reasons.
It is the client’s full responsibility to ensure that any electrical equipment, i.e fridges, freezers, cookers, lights, clocks, etc. are all plugged back into their sockets and switched on during or at the end of any working day, or during the landscaping contract.
If neighbour disputes prevent or delay any of Harborne Gardening Services’ team from carrying out agreed on work the client will be charged for Harborne Gardening Services lost time. This will involve the Contractor retaining any deposit to cover business costs. Please ensure we are made aware of any issues which may arise.
Public liability insurance
Harborne Gardening Services has full public liability insurance. If you would like to view our public liability insurance please call the office on 01827 716725
Harborne Gardening Services reserve the right to change these terms and conditions at any time.