Landscaping and Gardening Services Joint Agreement

BACKGROUND: 

These Terms and Conditions are the standard terms which apply to the provision of Landscaping and  Gardening Services by Sally Jefford and Trevor Jefford t/a T Jefford Garden Services Limited (“the Trader”) to  customers who require Landscaping and 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  

1.1 In 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;  

“Gardener” means Us or Our employee who will be responsible for providing the Landscaping  and Gardening Services; 

“Landscaping and Gardening Services” means the Landscaping and Gardening Services We will  provide as specified in the Agreement; 

“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 Landscaping  and 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. 

“Job” means the complete performance of the Landscaping and Gardening Services; “Model Cancellation Form” means the model cancellation form attached; “Order”means Your initial request for Us to provide the Landscaping and Gardening Services as set  out in Clause 4; 

“Products” means the products required for the provision of the Landscaping and 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 Landscaping and  Gardening Services as specified in the Agreement; 

“Visit” means any occasion, scheduled or otherwise, on which the Gardener visits the Property to  provide the Landscaping and Gardening Services; 

“We/Us/Our” means the Trader and includes all employees, agents and sub-contractors of the  Trader;  

“Work Area” means the part of the Property where the Landscaping and Gardening Services are  to be provided; 

“You/Your” means a Consumer who is a customer of the Trader. 

1.2 Each 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. 1.3 Each 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. 

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

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

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

1.7 Words signifying the singular number will include the plural and vice versa. 1.8 References to any gender will include the other gender. 

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

2. Information about Us 

2.1 We are a partnership. 

2.2 We trade under the name T Jefford Garden Services Limited  

2.3 Our main trading address is Unit 19 Sacriston Industrial Estate, Plawsworth Road, Sacriston,  Co Durham DH7 6JX. 

3. Communication and Contact Details 

3.1 If You wish to contact Us with questions or complaints, You may contact Us by telephone at  0191 5971297 or by email at [email protected] . 

3.2 In 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: 

3.2.1 contact Us by email at [email protected]; or 

3.2.2 contact Us by pre-paid post at T Jefford Garden Services Limited, Unit 19 Sacriston Industrial Estate,  Plawsworth Road, Sacriston, Co Durham DH7 6JX. 

4. Orders 

4.1 We accept orders for Landscaping and Gardening Services through telephone, internet. 

4.2 When placing an Order, You should set out, in detail, the Landscaping and Gardening  Services required. Details required include the location and size of the Property, the type(s) of work  required. All such details are set out in the Agreement. 

4.3 Once there has been a meeting at the site to discuss the work, 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  and fee (see Clauses 5 and 6). 

4.4 You may make changes to the Order and Quotation before accepting it. You may accept the  Quotation by email or first class post. 

5. Deposit 

5.1 Where the quotation is over £1000, at the time of accepting the Quotation or not more than 14 days thereafter You must pay Us a Deposit. The Deposit will be 25% of the Quoted Fee. We will  not confirm an Order until the Deposit is paid in full. 

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

6. Fees and Payment 

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

6.2 We 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. 6.3 If 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. 

6.4 The 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. 

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

6.6 You must pay any invoice within 14 days of receiving it. 

6.7 We accept the following methods of payment: 

6.7.1 bank transfer; 

6.7.2 credit / debit card payment; 

6.7.3 cheque; 

6.7.4 cash; 

6.8 If You do not pay an invoice by the due date We may charge You interest on the overdue  sum at the rate of 4% above the base rate of Barclays 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. 

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

7. Landscaping and Gardening Services 

7.1 Before We start the Job We will carry out a full inspection of the Property to check that the  Landscaping and Gardening Services are appropriate for the Property, practical and can be carried  out safely.  

7.2 We will provide the Landscaping and 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). 

7.3 We may provide sketches, plans, diagrams 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. 

7.4 We will use reasonable endeavours to ensure that the Products We use match those chosen  by You and are consistent throughout the Property (or relevant parts of the Property). However, We  cannot guarantee the quality or consistency of the Products. 

7.5 We will ensure that all Products comply with any relevant standards and are in a satisfactory  condition at the time of use. 

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

7.7 We will notify You in advance if the work We are doing is likely to affect the Property outside  of the Work Area and We will advise You of any remedial work You are likely to have to carry out. If  further remedial work is needed, beyond the scope of the advice we gave You, We will carry it out at  Our expense. 

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

7.9 We will properly dispose of all waste that results from Our provision of the Landscaping and  Gardening Services.

7.10 If We cause any damage during the course of the Job We will repair the damage before  completing the Job. 

7.11 If any inspections are required following completion of the Job We will arrange for the  inspections to be carried out. 

7.12 Where 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 the Work Area or remove them from the Property at the end of each working  day. 

7.13 Before the Job is completed We will work with You to produce a snag list identifying any  faults or defects in Our work which we need to put right before completion of the Job. We will not  be responsible for any defects which result from the work of third party contractors over whom We  have no control. 

8. Guarantee 

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

8.2 If any defect in the product of the Landscaping and 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 

9.1 If 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 Landscaping and Gardening Services. 

9.2 If any party wall agreements are needed, You must enter into those agreements before we  begin to provide the Landscaping and Gardening Services. 

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

9.4 You 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. 

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

9.6 You must ensure that the Work Area is kept clear of garden furniture and other items and  out of use for the duration of the Job unless We direct otherwise. 

9.7 If You do access the Work Area at any time during the course of the Job You must observe all  relevant health and safety rules and must comply with any additional instructions the Gardener gives  You. 

9.8 You must give Us at least 24 hours’ notice if You do not require the Gardener to provide the  Landscaping and 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 

10.1 We 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. 

10.2 All complaints are handled in accordance with Our complaints handling policy and  procedure, available from Us. 

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

10.3.1 In writing, addressed to Teigan Cleverley, Service Manager, T Jefford Garden Services Limited, Unit 19  Sacriston Industrial Estate, Plawsworth Road, Sacriston, Co Durham DH7 6JX 

10.3.2 By email, addressed to [email protected] 

10.3.3 By contacting Us by telephone on 0191 5971297  

11. Changing the Start Date 

11.1 If You ask Us to change the Start Date: 

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

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

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

11.2.1 agree a revised Start Date with Us; or 

11.2.2 terminate the Agreement (see Clause 14). 

12. Cancellation of Contract During the Cooling Off Period 

12.1 Where 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.  

12.2 If 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, or  email address specified in these Terms and Conditions). You may use the Model Cancellation Form,  but You do not have to.  

12.3 To 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.  

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

12.5 We 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. 

12.6 We 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. 

12.7 If the Start Date falls within the cooling off period You must make an express request for  provision of the Landscaping and 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: 

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

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

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

12.7.4 We 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. 

12.8 Clauses 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 

13.1 In 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:

13.1.1 If 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. 

13.1.2 If 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.  13.2 We 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  

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

14.1.1 We 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; 

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

14.1.3 You 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; 

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

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

14.2.1 You 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);  

14.2.2 You 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 

14.2.3 You and We have been unable to agree a revised Start Date under Clause 11.1; 14.2.4 We have been unable to provide the Landscaping and Gardening Services for more than 4 weeks due to an event outside of Our control (see Clause 16). 

14.3 For 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. 

14.4 If at the termination date: 

14.4.1 You have made any payment to Us for any Landscaping and 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; 

14.4.2 We have provided Landscaping and 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 

15.1 If the Agreement is terminated for any reason: 

15.1.1 Any 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. 

15.1.2 Termination 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) 

16.1 We 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. 

16.2 If 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: 

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

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

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

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

17. Liability 

17.1 We 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. 

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

17.3 We provide Landscaping and Gardening Services to You 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. 

17.4 If 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 Hard Landscaping Services. 

17.5 Our 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 £5,000. 

17.6 We 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. 

17.7 Nothing 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. 

17.8 Nothing 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) 

18.1 All 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 GDPR 2018 and Your rights under those Acts. 

18.2 We may use Your personal information to: 

18.2.1 provide the Landscaping and Gardening Services to You; 

18.2.2 process Your payment for the Landscaping and Gardening Services; 

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

18.3 In certain circumstances (if, for example, You wish to pay for the Landscaping and 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 GDPR 2018  and should use and hold Your personal information accordingly. 

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

19. Other Important Terms 

19.1 We 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. 

19.2 We 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. 

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

19.4 The 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. 

19.5 If 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. 

19.6 No 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 

20.1 These 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. 

20.2 Any 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.