INSPIRE | BUILD | MAINTAIN
Terms & Conditions
This Agreement is to commence on the date as signed in the box above and is to continue until terminated by 1 months notice in writing given by either party to the other, and we the Contractor and you the Client agree as follows.
2. Timing and work procedures
Muddy Wellies Gardens shall use reasonable endeavours to complete the Services on the dates agreed by the Parties. However, the provision of the Services shall be subject to weather conditions and other matters outside of our reasonable control, which may affect the our ability to meet any deadlines. Accordingly, time shall not be of the essence for:
2.1 any dates or times when Services are due to be performed;
2.2 the length of time that any Service will take to perform;
2.3 any date or time by which any of the Services will be completed.
Our day rate is charged per person per day. A day is up to 8 hours on site including breaks for one person or the equivalent time made up between the team. We tend to work in teams of two or three people.
For properties further than 15 minutes drive from Falmouth we may be on site for less time to allow for travel time.
If we are working for more than one customer in a day we reserve the right to leave the customers property up to 20minutes early to allow for travel time between customers.
The removal of green waste will take place within the time paid for by the customer. We reserve the right to leave green waste on site until we are next able to collect it, (typically within 30 days).
3. Obligations of the Contractor
3.1 Advice and labour
During the continuance of this Agreement and as part of the Services we will supply management, advice and labour for gardening and/ or landscaping works as agreed and to the extent of the Services requested and paid for by the client.
3.2 Contractor’ tasks
To carry out all works in accordance with best landscaping / horticultural practice in a competent timely manner.
3.3 Quotes/ estimates
An initial meeting and quote/ estimate is free of charge. Subsequent quote alterations and site visits may incur an additional fee subject to our discretion.
4. Obligations of the Client
4.1 Facilities & Assistance
During performance of the services you agree to cooperate with us to ensure that work is carried out as smoothly as possible and to:
4.1.1 ensure that the Gardens are free and clear of any pet excrement prior to visits
4.1.2 if required and where possible make available the following facilities
(a) access to electricity from normal 220/240 volt 3-pin sockets,
(b) access to a water supply,
(d) use of toilet and washing facilities,
(e) use of a driveway or parking permit (for a visitor) if required
(f) sufficient work space.
Where this is not possible we may seek these facilities elsewhere. Any additional costs and expenses which are reasonably incurred by us in performing the services shall be paid for by the Client.
4.2 Access & Security Arrangements
Where there are security measures which prevent or restrict access to the Gardens, the Client shall:
4.2.1 ensure that the Client (or its agents) is available to provide access on the days and at the times when the Contractor requires access to the Gardens; or
4.2.2 provide keys or access codes so as to enable the Contractor, together with its vehicles, to enter the Premises.
Unless otherwise agreed by the Parties or set out in the order form, Muddy Wellies Gardens will require access to the Premises at any time on the days on which the Gardening Services are to be performed between the hours of 8 am and 6 pm Monday- Saturday.
4.3 Provision of Information
Before we commence any of the Services, you agree to clearly inform us of:
4.3.1 any dangers or hazards, whether hidden or not, buried pipes, cables, manhole cover, wire or other objects which the Contractor is likely to encounter during the performance of the Services; and
4.3.2 any plants, fixtures, fittings, equipment, furniture or other items which are fragile or vulnerable to damage and which the Contractor is likely to encounter during the performance of the Services.
You, the Client acknowledge and agree that, while we, the Contractor will take the utmost care to avoid damage to such items, we cannot guarantee that such items will not be damaged and we shall have no liability to the Client for any damage or associated costs in respect of such items.
The Client will give Muddy Wellies Gardens 1 month’s written notice for the cancelation or alteration of services. Should the Client fail to give the required written notice they will be charged for the services that were to be performed within the cancelation period whether or not they have been carried out.
5. Materials / plants
5.1 The risk in new plants / items supplied by the Contractor shall pass to the Client on the date the new plants / items are delivered to the Client. However, the property in new plants / items supplied by the Contractor shall not pass to the Client until the Contractor has received the payment of all sums owing concerning those new plants / items in full (and any other sums that are due or owing to the Contractor), whether or not delivery has been made.
5.2 Materials and items used for the completion of works remain the property of Muddy Wellies Gardens until full payment of our official invoice(s) has been received and funds cleared in our account.
5.3 Muddy Wellies Gardens accept no responsibility for problems that may arise due to the inadequate preparation by others or due to our aftercare advice not being followed.
6. Insurance & Liability
6.1 Liability to employees
Muddy Wellies Gardens shall insure all persons employed or engaged in the provision of the Services against accident.
6.2 Liability to others
Muddy Wellies Gardens shall at all times maintain with reputable insurers such insurances as may be necessary to cover all liability which we may incur in respect of any personal injury, death or damage to property whatsoever caused by or arising out of or in the course of the carrying out of our duties under this Agreement, such insurance to be for at least £1,000,000. Muddy Wellies Gardens shall, following a request from the Client supply a copy or evidence of such insurance and of the receipt for the current premium.
6.3 Total liability
Except in the case of death or personal injury caused by the Contractor’s negligence, the liability of the Contractor under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Charge paid by the Client to the Contractor under this Agreement. Neither party shall be liable to the other in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
7. Payment and invoices
The Contractor shall deliver to the Client an invoice(s) detailing sums payable in accordance with these terms.
7.2 Payment & Consequences of Non-Payment
7.2.1 Payment is due on receipt of invoice.
7.2.2 If the Client does not make a payment 30 days after the date of invoice then the Contractor shall be entitled to:
(a) charge interest on the outstanding amount at the rate of 4% above the base rate accruing daily
(b) Charge an admin fee of £10 per letter or email reminder which will be sent weekly after 60 days
(d) require the Client to pay, in advance, for any Services (or any part of the Services) which have not yet been performed; and
(e) not perform any further Services (or any part of the Services) until all such outstanding or requested payments have been received without liability to the Client.
(f) Enter on to clients land to remove our property and unpaid work/ materials.
8.1 All sums payable under this Agreement, unless otherwise stated, exclude VAT, which the Contractor shall include in its invoices as appropriate.
8.2 All VAT shall be paid by the Client at the same time as the payment on which it is chargeable.
In addition to the right to give written notice in accordance with clause 1 above, the Contractor may determine this Agreement by immediate written notice in the event of the Client:
(a) breaching any term of this Agreement; or
(b) (being an individual) becoming subject to a bankruptcy order or having an interim receiver appointed to his property; or
(c) (being a company) entering into liquidation or into administration, or having a receiver appointed over all or any part of its assets.
On determination of this Agreement for any reason, the Client shall pay for all Services provided up to the date of termination, and for all expenditure falling due for payment after the date of termination from commitments reasonably and necessarily incurred by the Contractor for the performance of the Services prior to the date of termination.
You agree that Muddy Wellies Gardens may occasionally use photographs taken in the garden to demonstrate our work and for advertising purposes (e.g. for use on a website). Any photographs used will never include any children, young people or vulnerable adults. We will always endeavour to protect our Clients privacy.
You the Client or any of your associates will not at any time, solicit or attempt to solicit any persons engaged in the provision of the services, or any work with or for Muddy Wellies Gardens. The Client will not engage in business, paid or unpaid, with any of our staff, helpers or labour only subcontractors except for that which is arranged through Muddy Wellies Gardens and with the express permission of Harry Curtis or Helen Fresson.
12. Force majeure
Neither Party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 6 months, either Party may terminate this Agreement by written notice to the other Party.
Contractor is not liable for and accepts no responsibility for invasive plants that may be found growing in the gardens such as Japanese knotweed. If such plants are discovered during works then the contractor will report these to the client and recommend a suitable and responsible course of action.
14. Entire agreement
This Agreement contains the whole agreement between the parties in respect of subject matter of agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.
No failure or delay by the Contractor in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
16. Agency, partnership etc.
This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement. Neither Party shall have, nor represent that it has, any authority to make any commitments on the other Party’s behalf.
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
Any notice to be given under this Agreement shall be in writing via email or post to the address of the relevant Party set out on page 1 and 2.
19. Law and jurisdiction
The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts to which the Parties submit.
20. Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Design and Landscaping Additional Terms and Conditions
These terms are in addition to our general Terms and Conditions of services and are applicable to all Design and /or Landscaping work carried out when you engage Muddy Wellies Gardens in work you are agreeing to the following terms and Conditions.
The following is important information relating to the chargeable costs of projects carried out for clients and customers in relation to Design, Landscaping, planting design, planting, project management and consultation and any additional work carried out as part of a project for a client or customer.
Muddy Wellies Gardens; changes to the project after sign off
We always endeavour to build your garden to the agreed designs. Occasionally there may be slight variations required due to circumstances beyond our reasonable control. If this is the case we will consult with you on the best and most effective alternative to complete your garden whilst still sticking as closely to the plan as possible and within budget. In this case the Alterations Admin fee will be covered by Muddy Wellies Gardens.
Client changes to the project after sign off
Once the design and quote or estimate is agreed and signed off no changes are permitted. However if the customer wishes to make any changes or alterations at this point then they must contact Harry Curtis directly at the earliest opportunity. Following this changes or alterations must be detailed on a ‘Client Project Alterations Documentation Form’ and signed off by the client and a director. No other staff member is permitted to authorise any changes from the original plan.
Changes at this late stage may incur charges in addition to the agreed quote or estimate. These charges are detailed below:
Alteration Admin fee of £50 + VAT is payable for each change made.
If client changes are made after sign off new layout and construction drawings may be required which will be charged for at our design and consultancy rate. A new quote may also be prepared; this is ordinarily covered by the Alteration Admin Fee.
Any additional time or material costs that occur as a result of these changes must be paid for in full by the client. These expenses may include design and consultation time, landscape labouring costs, material costs, material restocking fees, delivery/ collection charges and others.
If our landscapers are booked in to be working on your project but the work is delayed as a direct result of the customer requesting changes or alterations at a late stage then;
- the full day rate inc. tax for each staff member and/ or contractors must be paid for the that day
- the full day rate inc. tax for each staff member and/ or contractors must be paid for up to two further days (three days total) if alternative paid work cannot be provided for them at short notice.