TERMS OF BUSINESS
Organic Gardens is a trading name of TOGC Limited, registration number 14253471.
For the purposes of these terms and conditions the following definitions shall apply:
1.1. “The Company” or “We” shall mean TOGC Limited trading as “Organic Gardens” and its appointed agents, to include independent licensed operators.
1.2. “The Customer” or “You” shall mean the person or organisation who books a job and/or for whom the Company agrees to undertake works and/or supply materials.
1.3. “The Contract” means the contract for services made between the Company and the Customer to which these conditions apply.
1.4. “The Operative” shall mean the representative appointed by the Company to undertake the work.
1.5. “The Goods” means the goods, materials, and or other items to be supplied pursuant to the Contract.
1.6. “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. 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.
2.3. No order, which has been accepted by the Company, may be cancelled by the Customer except with the agreement in writing of the Company.
2.4. All recurring contracts will be for an infinite period (open-ended) until cancelled, and subject to a minimum number of visits, unless otherwise agreed in writing.
2.5 By agreeing to the Services implies the Customer has read and agreed these terms and conditions or it is presumed that having accepted the attached email and paid invoice they are accepting our terms and conditions.
3.1. The price payable for the Services shall be those set out in writing 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 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.
3.4 If the Operative is unable to gain access to the Customer’s Premises at which you have booked a job you will be liable to pay a minimum amount equivalent to the one hour call out charge, at our standard hourly rate as published on www.organicgardens.uk. This shall apply irrespective of the job being booked directly by you or by someone on your behalf e.g. a tenant.
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 BACS or Direct Debit on completion of the work unless otherwise agreed.
4.3. Overdue accounts and late payers (more than 28 days) shall be liable to late payment charge of £25, with an additional £25 added every month thereafter to run from the date of invoice until receipt by the Company of the full amount whether after judgment.
4.4. 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:
4.4.1. cancel or suspend the Contract.
4.4.2. 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).
4.5. 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 and Visit Times for Recurring Contracts
6.1. Fortnightly garden maintenance contracts are for fortnightly visits throughout the year (or as agreed), with a minimum of 12 visits per contract. It is the client’s responsibility to advise on reduced number of visits required in January and onward by the 1st day of December each year.
6.2. The minimum time per garden visit in any setting shall be 4-man hours unless due to scheduling difficulties.
7.1. 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, lock-outs, fire, or adverse weather.
7.2 It is not the responsibility of the company to ensure ground conditions are safe. We use dangerous and fast-moving equipment (mowers, strimmers etc.). Our working area should be free of stones and other objects. If a stone is thrown up and causes damage physical or structural window, car etc. The Company holds no responsibility.
7.3 Children and animals should be kept away from Operatives using powered equipment – it is not the Company’s position to do so but parents/owners/guardian. As a result, we cannot be held responsible for any injury sustained
8. Cancellation of Contract
8.1. The Customer has the right to cancel a new contract within seven days of first visit (in writing or by email only)
8.2. 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 months 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.
8.3. Notice of one week must be given should the Customer wish to cancel a recurring maintenance visit. Should no notice be given a call out charge of £50 shall be incurred.
8.4. The Company may terminate a Contract at any time after the minimum contract period has expired by giving one months’ notice
8.5. The minimum contract period shall be considered as 3 months
9. Customer’s Obligations
9.1. The Customer undertakes promptly to provide the Company with all information, which the Company may require 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 7.30 am to 6.00 pm. Monday to Friday inclusive and if the Company considers it necessary and the Customer agrees, on Saturdays and Sundays between 10am to 4pm.
9.2.2 let us know of anything which you believe may present a hazard or danger to the Operative carrying out work before such work is started. You must also make sure that we have clear access to the work area and provide us with a supply of mains electricity and water if necessary. If we incur additional work or expense because of your failure to provide clear access, mains electricity and water, we may charge you a reasonable additional sum in respect of such additional work and/or expense.
9.2.3 If access through or from a neighbouring property is required to carry out specific tasks, permission must be sought from the property owner or tenant before commencement of work
9.2.4 The Customer shall provide adequate parking for one vehicle. If in a controlled parking zone, the client must provide parking permits for the duration of the visit or accept the parking charge incurred as an additional cost per visit.
10. General Maintenance
10.1. We will visit your garden and see what maintenance jobs need to be carried out and when. A maintenance schedule will be drawn up to keep your garden to an agreed standard. Suggestions will also be made as to how your garden can be improved. The following tasks amongst others may be carried out: mowing, weeding, pruning, planting, lawn care, hedge cutting, mulching, jet washing
10.2. For disposal of green waste, we would expect to make use of your green waste recycling facility (e.g. green bin). If you would rather all garden waste was removed from your garden, we can do this for you but there will be a charge per bag irrespective of its level of fill.
11. Other Conditions
11.1. The rate agreed and as quoted will be applied to your invoice plus materials and expenses.
11.2. Collection of non-stock parts and materials is chargeable but time taken shall be kept to a minimum and reasonable
11.3. Jet washing, we will take utmost care to avoid unnecessary damage caused by high pressure washing, unfortunately the result of which will depend on the original presentation (i.e. cement grout maybe unavoidably removed between slabs or paint removed from walls). We will not accept liability for damage caused.
11.4. We shall agree with you a date and time for the works to be undertaken and we shall use our best endeavours to ensure the Operative attends at the agreed date and/or time. However, we accept no liability in respect of the non-attendance or late attendance of the Operative or for the late or non- delivery of materials.
11.5. We shall not be liable for and accept no responsibility for unavoidable damage caused, or any unforeseeable loss you may suffer because of the work carried out, nor shall we be liable for any loss of any nature which is not caused by our negligence or our breach of the terms of the agreement between us.
11.6. Nothing in these Terms and Conditions shall reduce your statutory rights relating to workmanship and to faulty or mis-described goods.