Garden Maintenance Terms & Conditions
1. The client will be responsible for all payments to Birch Gardens unless otherwise notified in writing prior to commencement.
2. The client shall provide water and electricity at no charge to Birch Gardens.
3. The client shall provide access to site during Birch Gardens normal working hours and storage space for materials and equipment during the contract progress.
4. Birch Gardens will endeavor to carry out the contract as accurately as possible. However Birch Gardens shall not be liable to the customer for any delay in performance or any failure to perform any of it’s obligations under the Contract – if such a delay or failure was due to any cause beyond the Company’s reasonable control including, but not limited to, acts of God, strikes, lock outs, fire, adverse weather conditions.
5. All schedules of works are subject to delay. Severe weather conditions, including drought and heavy rain, may cause delay and affect any previously arranged schedule of works. Every effort will be made to complete the schedule of works at the next available opportunity.
6. Before, during and after practical substantial completion we are not able to accept responsibility for any damage through the elements, including flood, drought, winds, rain and frost. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established.
7. Delays caused by any other companies on or off site may cause work to be rescheduled.
8. The client reserves the right to cancel. Birch Gardens reserve the right, however, to retain all, or part of, any advance payments or to request payments owing in respect of work already carried out.
9. Birch Gardens 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 verbally, in writing or apparent on visual inspection.
10. It is very important and the responsibility of the Client to ensure we are made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.
11. We 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 commencement of any works.
12. If necessary we reserve the right to substitute any plant/practice/technique with another of equal value/growth/habitat/colour.
13. All materials on site remain the property of Birch Gardens until payment is received in full.
14. Birch Gardens will ensure that at all times; dust and disturbance to the surrounding houses will be kept to a minimum. No work will be allowed on site before 8:00 AM and after 6:00 PM during weekdays and no weekend work will be allowed unless otherwise agreed with the client.
15. Payment terms are strictly 7 days from the date of invoice and we understand and will exercise our statutory right to claim interest and compensation for debt recovery under the late payment legislation if we are not paid according to agreed credit terms. Birch Gardens reserve the right to suspend or cancel further services if payment is not received by the due date.
16. The removal and disposal of dog excrement is the soul responsibility of the client.
17. All debris will be disposed of according to local bylaws. The site will be left in good, clean order.
18. Errors and Omissions Excepted.
19. We reserve the right to change these terms and conditions at any time.