Terms and Conditions

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DEFINITIONS

“Client” is a natural and/or legal person who has contacted the Company for carrying out Works; if there is more than one person, reference to Client shall include each person, jointly and severally;

“Company” means Highcliffe Gardeners Ltd, registered at Flat 47, Binley House, Highcliffe Drive, London SW15 4PY, United Kingdom with no. 12211371;

“Estimate” means an approximation of costs given by the Company and which will be confirmed by the Company at a later stage of carrying out the Works;

“Materials” are the materials necessary for the completion of the Works and supplied by the Company to the Client;

“Price” means the full price payable by the Client to the Company for the Works performed in accordance with these Terms and Conditions;

“Quote” means a fixed Price offered by the Company for the requested Works, based on the information presented by the Client.

“Specification” means all plans, documents, designs and other details relating to the Works and agreed in writing between the parties;

“Works” means the work to be carried out by the Company as agreed in writing by the parties, subject to any Specification and in accordance with these Terms and Conditions;

1. Booking

1.1 You must ensure that all details provided for the issuing of the Quote are accurate, up to date and describe in full the work requested. The Company reserves the right to cancel or amend the Quote following incomplete or inaccurate information.

1.2 If there are inconsistencies between the photos and/or between the Specifications and/or the site, the Company is not liable for detecting and acting upon any differences.

1.3 If any additional works that are not included in the Quote are requested, either a separate Quote will be issued, or the initial Quote will be amended to reflect the changes.

2. The Site

2.1 The Client must ensure full and adequate access to the site for the whole duration of carrying out the Works, to include access to running water and electricity as necessary for the completion of the Works.

2.2 The Client warrants that it has full authority and right to give access to the site, and to allow the Works to be carried out.

2.3 The Client warrants that the site is free from hazardous or obstructive elements, to include but not limited to: knives or sharp objects, springs, pipes, cables, large rocks, tree stumps, flooding, covered wells or other cavities, sewage or land drains, hazardous waste; which are not discoverable upon visual inspection of the site or made known in writing by the Client to the Company prior to issuing the Quote.

3. The Works

3.1 The Company shall carry out and complete the Works as described in the Specification with reasonable care and skill and in a proper and workmanlike manner.

3.2 Unless otherwise specifically agreed in writing by the parties, the Client shall ensure to obtain all necessary approvals and planning permissions, give any notices and pay any fees requested by any applicable laws and regulations and necessary for carrying out the Works.

3.3 Any variations to the Works or any additional requests must be made in writing and agreed by the Company. The Company reserves the right to amend the Quote or issue a separate Quote as necessary.

3.4 The Company shall use reasonable endeavours to complete the Works within a reasonable time.

3.5    If it becomes reasonably apparent that the Works are being delayed and cannot progress as expected, the Company shall notify the Client as soon as reasonably practicable of the cause and duration of the delay, and offer a new estimate of completion time.
3.6    The Company shall not be liable for any delays caused by:
3.6.1    Variations to the Works as requested by the Client;
3.6.2    Acts or omissions of the Client;
3.6.3    Reasons beyond its control, including but not limited to: force majeure events; adverse weather, late delivery of Materials, adverse traffic, van or tools breakdown; discovery of new site conditions.
3.7    The Company has the right to sub-contract any of the Works to competent contractors, and shall remain liable for the actions of these contractors strictly in relation to the performance of the Works and in accordance with these Terms and Conditions.

4.    Materials
4.1    The Materials supplied by the Company will be suitable for their intended use.
4.2    Materials delivered to site become the responsibility of the Client, and the Company accepts no responsibility for loss, damage or expense after delivery of the materials to site for any reason, where such losses are beyond the Company’s reasonable control.
4.3    All Materials bought by the Company, which prove to be in excess after the completion of the Works, shall remain the property of and shall be removable by the Company who shall have the right to enter the site for that purpose.
4.4    Where any materials have been incorporated into the Works or the Site, the property in such materials and goods shall pass to the Client immediately upon their incorporation.
4.5    Save as expressly set out in these Terms and Conditions, nothing in these Terms and Conditions shall operate to create a licence, assignment, transfer of the title or any other disposition of any intellectual property rights (whether registered or unregistered) and related rights owned and/or controlled by Company in any intellectual property rights (whether registered or unregistered), brands, names, logos, slogans, information and materials, etc., to the Client.

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5.    Plants
5.1    The Company warrants that any plants, including grass and trees, are inherently healthy when supplied to the Client.
5.2    After completion of the Works, it is the Client’s responsibility to ensure maintenance of the Works, including proper watering and protection. Maintenance guidance will be provided upon request. 
5.3    The customer fully understands that plants are a living material and therefore an ever changing and perishable product.
5.4    The Company shall not be liable for any loss following completion of the Works that is beyond the Company’s reasonable control, including but not limited to: lack of proper maintenance, pests, animals, adverse weather conditions.

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6.    Price and Payment
6.1    The Client shall pay the Price:

a. for gardening Works, in full after completion of the Works;

b. for landscaping Works, the full Price of Materials in advance and the Price for manual labour in installments of 50% before commencement of the Works and 50% after completion of the Works.
6.2    The Price is exclusive of any applicable VAT.
6.3    The Company reserves the right to amend the Price in accordance with these Terms and Conditions, including but not limited to: 
6.3.1    variations to the Quote requested by the Client;
6.3.2    any delays not directly caused by the Company;
6.3.3    breaches by the Client of: clauses 1.1; 2; 3.2. 
6.4    The Client understands that any additional costs such as parking fees, and any congestion charges shall be added to the Price upon completion of the Works and the Client undertakes to pay in accordance with these Terms and Conditions.
6.5    Any invoices issued in accordance with these Terms and Conditions will become due within 14 days of their date.
6.6    Interest at the rate of the base rate of the Bank of England from time to time shall be payable by Client to the Company for any fee which is not paid by the Client by the date on which it is due.

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7.    Liability
7.1    Subject to any warranties specifically provided in these Terms and Conditions, any and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
7.2    Unless otherwise provided in these Terms and Conditions, the Company shall not be liable to the Client for any loss of actual or anticipated income or profits, for any special, indirect or consequential loss or damage or any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
7.3    The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising out of or in connection with the performance or contemplated performance of the Works shall be limited to the amount of monies actually received by the Company from the Client for the Works.
7.4    The Contractor shall indemnify and hold the Company, its agents, employees and contractors harmless of any cost, charge, damages, expense or loss whether foreseeable or not, howsoever arising from of any breach of these Terms and Conditions by the Client, and any third party claim in relation to the carrying out of Works, which is not directly caused by the Company.

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8.    Termination
8.1    A party may terminate the contract immediately, without liability to the other Party, if the other Party is in material breach of the obligations contained in these Terms and Conditions.
8.2    The Company may terminate the contract immediately if:
8.2.1     the Client becomes insolvent or bankrupt; 
8.2.2    there is no payment of the initial instalment referred to in clause 6.1; or 
8.2.3    the Client delays the Works by more than 5 days.
8.3    Following termination by any reason, the Client shall pay the Company pro rata for the Works properly carried out and for the Materials bought in relation to the Works.

9.    Personal Data

9.1    Both parties agree to comply with all applicable laws and regulations relating to the processing of personal data, including the UK General Data Protection Regulation, the UK Data Protection Act 2018, the General Data Protection regulation (EU) 2016/679 and the Privacy and Electronic Communication Regulations 2003, and any amendment, consolidation or re-enactment thereof.

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10.    Entire Agreement
10.1    These terms and any documents referred to herein, constitute in regard to specific Works to be carried out, the entire agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter that they cover.
10.2    The Client acknowledges that, in entering into this contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in these Terms and Conditions or in the documents referred to herein.

11.    Applicable Law and Jurisdiction
11.1    The contract between the parties is subject to the laws of England and Wales.
11.2    Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.