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Terms & Conditions

TERMS AND CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions are the standard terms which apply to the provision of gardening services by Johnson Gardening Services Ltd (“the Trader”) to customers who require gardening services to be provided at their home.

 

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

 

1.Definitions and Interpretation

1.1In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Agreed Times”

means the times which You and We agree for the Gardener to have access to the Property to complete the Job [as specified in the Agreement];

“Agreement”

means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions[. Our standard form of Agreement is attached as Schedule 1];

“Business”

means any business, trade, craft or profession carried on by You or any other person/organisation;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Gardening Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit”

means the deposit You will be required to pay in accordance with Clause 5;

“Final Fee”

means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions;

“Gardener”

means Us or Our employee who will be responsible for providing the Gardening Services;

“Gardening Services”

means the gardening services We will provide as specified in the Agreement;

“Job”

means the complete performance of the Gardening Services;

“Model Cancellation Form”

means the model cancellation form attached as Schedule 2;

“Order”

means Your initial request for Us to provide the Gardening Services as set out in Clause 4;

“Products”

means the products required for the provision of the Gardening Services which We will supply (if any) as specified in the Agreement;

“Property”

means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;

“Quotation”

means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;

“Quoted Fee”

means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;

“Start Date”

means the date You and We agree on for Us to start providing the Gardening Services as specified in the Agreement;

“Visit”

means any occasion, scheduled or otherwise, on which the Gardener visits the Property to provide the Gardening Services;

“We/Us/Our”

means the Trader and includes all employees, agents and sub-contractors of the Trader;

“You/Your”

means a Consumer who is a customer of the Trader.

 

1.2Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, [text message,] fax or other means.

1.3Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

1.4Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.

1.5Each reference to a Schedule is a reference to a schedule these Terms and Conditions.

1.6The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

1.7Words signifying the singular number will include the plural and vice versa.

1.8References to any gender will include the other gender.

1.9References to persons, unless the context otherwise requires, include corporations.

 

2.Information about Us

2.1We are a limited company.

2.2We trade under the name Johnson Gardening Services Ltd]

2.3We are registered in England and Wales under number 10099105

2.4Our registered office is at Nexus Business Centre, Darby Close, Cheney Manor Industrial Estate, Swindon. SN2 2PN.

2.5Our VAT number is 265299957

3.Communication and Contact Details

3.1If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01793 625876 or by email at janet@johnsongardening.co.uk

3.2In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions).  When contacting Us in writing You may use the following methods:

3.2.1contact Us by email at janet@johnsongardening.co.uk or paul@johnsongardening.co.uk; or

3.2.2contact Us by pre-paid post at Johnson Gardening Services Ltd, Nexus Business Centre, Darby Close, Cheney Manor Industrial Estate, Swindon. SN2 2PN.

 

4.Orders

4.1We accept orders for Gardening Services through telephone, email and in person.

4.2When placing an Order You should set out, in detail, the Gardening Services required.  Details required include the location and size of the Property, the size of the garden, the type of work required and the type of plants, trees or similar that are required and/or that are to be maintained.

4.3Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Deposit (if applicable) and fee (see Clauses 5 and 6).

4.4You may make changes to the Order and Quotation before accepting it.  You may accept the Quotation by clicking the button on the quote, by telephone, email or first class post.

 

5.[Deposit

5.1If a deposit is required, it will be expressely detailed within the quote. If applicable, at the time of accepting the Quotation or not more than 7 days thereafter You must pay Us a Deposit.  The Deposit will detailed on the quotation.  We will not confirm an Order until the Deposit is paid in full.

5.2The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.]

6.Fees and Payment

6.1The Quoted Fee will include the price payable for the Gardening Services and for the estimated Products required.

6.2We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however if additional Products are required We will adjust the Final Fee to reflect this.  We will keep any increases to a necessary minimum.

6.3If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee.

6.4The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.

6.5We will invoice You when the Job has been completed.

6.6You must pay any invoice within 5 days of receiving it.

6.7We accept the following methods of payment:

6.7.1Credit/debit card;

6.7.2Direct bank transfer

6.7.3Cheque

6.7.4Cash

6.8If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 5% above the base rate of Lloyds Bank from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

6.9If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.

 

7.Gardening Services

7.1We will provide the Gardening Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).

7.2We may provide sketches, impressions, plans or similar documents in advance of the Job.  Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.

7.3We will use reasonable endeavours to ensure that the Products We use match those chosen by You. However, We cannot guarantee the quality, properties or consistency of the Products. If plants, trees, shrubs or other materials chosen by You are unavailable, We will select alternatives that are as close a match as possible to Your original requirements.

7.4The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until they have been delivered to You at which point it will pass to you. You will own the Products once We have received payment in full for them.

7.5We will ensure that the Gardening Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.

7.6We will ensure that We comply with all relevant codes of practice.

7.7We will ensure that no parts of the Property suffer damage as a result of Our provision of the Gardening Services. We will make good any damage that occurs at no additional expense to You as soon as is reasonably possible. [We may instruct You to take reasonable steps to protect the Property while We are performing the Gardening Services. We will not be liable for any damage which occurs as a result of Your failure to follow such instructions.]

7.8We will properly dispose of all waste that results from Our provision of the Gardening Services unless agreed otherwise as set out in the quote.

7.9Where a Job is to last for more than one working day, the Gardener will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

 

8.Guarantee

8.1We guarantee that the product of the Gardening Services provided will be free from material defects for a period of 12 months following completion of the Job.

8.2If any defect in the product of the Gardening Services appears during the guarantee period set out in sub-Clause 8.1 We will rectify the defects free of charge.

 

9.Your Obligations

9.1If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Gardening Services.

9.2You will ensure that the Gardener can access the Property at the Agreed Times to provide the Gardening Services.

9.3You may either give the Gardener a set of keys to the Property or be present at the Agreed Times to give the Gardener access.  We promise that all keys will be kept safely and securely by the Gardener.

9.4You must ensure that the Gardener has access to electrical outlets and a supply of hot and cold running water.

9.5You must give Us at least 24 hours notice if You do not require the Gardener to provide the Gardening Services on a particular day or at a particular time.  We will not invoice for cancelled Visits provided such notice is given.  If less than 24 hours notice is given We will invoice You at the normal rate.

 

10.Complaints and Feedback

10.1We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

10.2All complaints are handled in accordance with Our complaints handling policy and procedure, available from Janet French, Johnson Gardening Services.

10.3If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

10.3.1In writing, addressed to Janet French, Director, Johnson Gardening Services Ltd. Nexus Business Centre, Darby Close, Cheney Manor Industrial Estate, Swindon. SN2 2PN.

10.3.2By email, addressed to Janet French at janet@johnsongardening.co.uk.

By contacting Us by telephone on 01793 625876.

11.Changing the Start Date

11.1If You ask Us to change the Start Date:

11.1.1We will where reasonably possible agree a revised Start Date with You;

11.1.2If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 14).

11.2If We ask You to change the Start Date, You may either:

11.2.1agree a revised Start Date with Us; or

11.2.2terminate the Agreement (see Clause 14).

 

12.Cancellation of Contract During the Cooling Off Period

12.1Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period.  This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date.  

12.2If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.  

12.3To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.

12.4If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.

12.5We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.

12.6We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.

12.7If the Start Date falls within the cooling off period You must make an express request for provision of the Gardening Services to begin within the 14 calendar day cooling off period.  [This request forms a normal part of the ordering process.]  By making such a request, You acknowledge and agree to the following:

12.7.1If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;

12.7.2If You cancel the Agreement after provision of the Gardening Services has begun You will be required to pay for the Gardening Services supplied up until the point at which You inform Us of Your wish to cancel;  

12.7.3The amount due will be calculated in proportion to the full price of the Gardening Services and the actual Gardening Services already provided.  Any sums that have already been paid for the Gardening Services will be refunded subject to deductions calculated on this basis;  

12.7.4We will process any refund within 7 days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.

12.8Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

 

13.Cancellation Before the Start Date

13.1In addition to Your rights in Clause 12 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as follows:

13.1.1If You cancel the Job more than 28 days before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.

13.1.2If You cancel the Job less than 28 days before the Start Date We will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.

13.2We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

14.Termination

14.1You may terminate the Agreement with immediate effect by giving Us written notice if:

14.1.1We have breached the Agreement in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so;

14.1.2We enter into liquidation or have an administrator or receiver appointed over Our assets;

14.1.3You and We have been unable to agree a revised Start Date under Clause 11.1 or You elect to terminate the Agreement under Clause 11.2;

14.1.4We are unable to provide the Gardening Services due to an event outside of Our control (see Clause 16).

14.2We may terminate the Agreement with immediate effect by giving You written notice if:

14.2.1You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);

14.2.2You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or

14.2.3You and We have been unable to agree a revised Start Date under Clause 11.1;

14.2.4We have been unable to provide the Gardening Services for more than 8 weeks due to an event outside of Our control (see Clause 16).

14.3For the purposes of this Clause 14 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

14.4If at the termination date:

14.4.1You have made any payment to Us for any Gardening Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;

14.4.2We have provided Gardening Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

 

15.Effects of Termination

15.1If the Agreement is terminated for any reason:

15.1.1Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.

15.1.2Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

 

16.Events Outside of Our Control (Force Majeure)

16.1We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .

16.2If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

16.2.1We will inform You as soon as is reasonably possible;

16.2.2Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;

16.2.3We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Gardening Services as necessary;

16.2.4You or We may terminate the Agreement (see Clause 14).

 

17.Liability

17.1We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into.  We will not be responsible for any loss or damage that is not foreseeable.

17.2We will maintain suitable and valid insurance including public liability insurance.

17.3We provide Gardening Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

17.4If We cause any damage to the Property, We will make good that damage at no additional cost to You.  We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Gardening Services.

17.5Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Gardener) is limited to £500.

17.6We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Gardener.

17.7Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.

17.8Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

18.How We Use Your Personal Information (Data Protection)

18.1All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.

18.2We may use Your personal information to:

18.2.1provide the Gardening Services to You;

18.2.2process Your payment for the Gardening Services;

18.2.3inform You of new products and services available from Us.  You may request that We stop sending You this information at any time.

18.3In certain circumstances (if, for example, You wish to pay for the Gardening Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.

18.4We will not pass on Your personal information to any other third parties [without first obtaining Your express permission].

 

19.Other Important Terms

19.1We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

19.2We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.

19.3You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).

19.4The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.

19.5If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.

19.6No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

 

20.Law and Jurisdiction

20.1These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.

20.2Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by Your residency.