Terms & Conditions

Landscaping and Garden Maintenance – Voluntary Customer Charter.

Here at Richard Birch Gardens we aim to deliver a service that meets with your complete satisfaction.

We know how important it is to you that the goods and services that we say we can supply are delivered with the greatest of skill and expertise from management level right through to all operatives who work on our behalf.

Whilst it can never be 100% guaranteed that problems will never be encountered, we hope to demonstrate that we have the ability and the will to work with you to ensure you are provided with the best quality and service at all times.

With this in mind Richard Birch Gardens have adopted this voluntary Customer Charter and commit to delivering on our promise.

You can be assured that we have the necessary landscaping skills and experience to meet your requirements.

We are committed to continuously seek improvement in all aspects of our business and we are actively involved in the training and development of our staff.

Our voluntary Charter requires us to aspire to the following:

• Continued self-assessment and on-going training where practicable. Maintaining proper records and accounts and staying up to date with current legislation, health and safety and delivering best practise at all times.
• Declare to any potential customer the length of time we have been trading and provide, if required, up to 5 customer references and allow inspection of at least one previous project.
• Put in place and maintain all the necessary insurance covers including public and employers liability

This voluntary Charter also requires that, in the unlikely event of any dispute involving price or workmanship that Birch Gardens shall agree to have their work inspected by any independent person or persons who are satisfactorily qualified in Landscaping or Horticulture relevant to the activity that has been carried out.

Richard Birch – Owner – Birch Gardens.

Landscaping Terms & Conditions

1. A mobilisation payment of (an agreed but usually 33%) is payable upon an agreed date before work commences. Staged payments against works completed /materials on site to be made at weekly intervals, payable within 48 hours of invoice. Final payment (No more than 10% of project total) is only to be made following satisfactory completion agreed upon by the client & Birch Gardens and payable within 7 days of our invoice otherwise subject to a credit surcharge of 3% p.m. thereafter until paid.
2. Price remains valid for the day the costing is produced only due to the continued effects of Covid 19. Thereafter material & labour charges may fluctuate and we reserve the right to recoup these costs.  
3. 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.
4. The client shall provide water, electricity at no charge to Birch Gardens during normal working hours and access & storage space for materials during the contract progress.
5. 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.
6. The client reserves the right to cancel. We 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.
7. Any addition and/or alterations to the schedule shall be properly treated as variations and subject to written instructions.
8. All or any special conditions of which Birch Gardens have been informed are noted in the estimate. 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. 
9. 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.
10. Wood is a natural product and will be subject to variation, natural movement, potential splitting and colour changes etc. This is not a fault, but a natural occurrence within the fibers of a natural product. We will advise you on how to keep the product in a consistent, stable condition to minimise these effects. If you are not prepared to accept these conditions, you should consider installing a different product. 
11. We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion unless a maintenance contract is in existence. If necessary, we reserve the right to substitute any plant with another of equal value and growth/habitat/colour.
12. All materials on site remain the property of Birch Gardens until payment is received in full. All materials surplus to the contract will remain the property of Birch gardens and will be removed from site upon completion.
13. 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.
14. All schedules of works are subject to delay. Severe weather conditions, including drought, may cause the delay of the start date of the contract and affect any previously arranged schedule of works.
15. Delays caused by any other companies on or off site may cause work to be rescheduled.
16. This contract contains the entire understanding and agreement between the parties with respect to the work and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. No oral promises or agreements are a part of this contract.
17. We will be entitled to suspend performance of, or terminate the contract if the Client fails to pay any sum due to us, in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt, in which case we shall be entitled to payment for all the work carried out and for all goods supplied to the date of the termination or suspension of the contract and to retain any deposit or interim payment made towards this.
18. Should the Client cause the work to be suspended for any reason for a period or periods amounting to 30 days or more, we shall be entitled to immediate payment for the work already completed in whole or in part, and for materials specifically ordered.
19. If the contract is suspended under clauses 17, and 18, we may be unable to re-commence work immediately upon payment being made (for example due to our staff being transferred to other projects). If this occurs, we will endeavor to re-commence the work as soon as possible, but will not be liable for any expense or inconvenience caused by any reasonable or unavoidable delay.
20. The client will be responsible for all payments to Birch Gardens unless otherwise notified in writing prior to commencement.
21. All debris will be disposed of according to local bylaws. The site will be left in good, clean order.
22. Maintenance is not included in the contract unless specified.
23. Errors and Omissions Excepted.
24. We reserve the right to change these terms and conditions at any time.

Garden Maintenance Terms & Conditions

1. The client will be responsible for all payments to Birch Gardens unless otherwise notified in writing prior to commencement. Our payment details are as follows. Please make cheques payable to Birch Gardens.
2. Garden Maintenance Terms & Conditions
3. The client will be responsible for all payments to Richard Birch Gardens unless otherwise notified in writing prior to commencement. Our payment details are as follows. Please make cheques payable to Birch Gardens.
   For BACS – Sort Code 09-01-56. Acc. No. 2527 7481
4. The client shall provide water and electricity at no charge to Birch Gardens.
5. The client shall provide access to site during Birch Gardens normal working hours and storage space for materials and equipment during the contract progress.
6. 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 its 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.
7. 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.
8. 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.
9. Delays caused by any other companies on or off site may cause work to be rescheduled.
10. 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.
11. 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.
12. 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.
13. 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.
14. If necessary, we reserve the right to substitute any plant/practice/technique with another of equal value/growth/habitat/colour.
15. All materials on site remain the property of Birch Gardens until payment is received in full.
16. 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.
17. 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.
18. The removal and disposal of dog excrement is the soul responsibility of the client.
19. All debris will be disposed of according to local bylaws. The site will be left in good, clean order.
20. Errors and Omissions Excepted.
21. We reserve the right to change these terms and conditions at any time.