TERMS AND CONDITIONS

Terms and Conditions of Service for Champion Gardens

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The Company – the person or business undertaking the works & The Client – the person or business instructing the works (and in so doing, and accepting the quote, agrees to / accepts the following terms and conditions.) 

All work undertaken by The Company is done so in line with the terms and conditions set out below. By requesting The Company to undertake any work The Client is deemed to have accepted these terms and conditions.  These terms and conditions may change in line with business requirements, a full up to date copy can be found at our website at www.champion-gardens.co.uk

The Company season runs from March to February inclusive.
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Notice of the Right to Cancel “Cooling off period” – The Client has a 14-day period, starting from the date of notification of acceptance, within which they can cancel the contract. Notification of cancellation must be in writing. In the event of cancellation beyond the 14-day cooling off period costs will be incurred by the client on a proportional basis
 
GDPR compliance – we will aim to protect your personal data in accordance with GDPR requirement and not to directly market our services to you without your prior permission to do so. In the event of no response to the initial quote, a reminder will be sent after 14 days and 28 days. If there is still no response after 30 days your details will be deleted. 
 
Any quotation/estimate is valid for 30 days and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
 
All tree works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise.
 
In the event of a variation to the quotation as a result of:
Amendments to works required prior to arriving on site, or Changes in site / ground conditions since the original visit, or Additional works requested / required whilst on site the quotation will be revised accordingly, either electronically in advance or in a hand written on the day of work, with agreed amendments signed by The Company and The Client.
 
Stump-grinding will be to a depth of 150mm minimum below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The Client will advise The Company of any underground services in the vicinity of the stump prior to starting the job.

The Company accept no liability for damage to utilities / hidden structures unless the position of said utilities / hidden structures is clearly identified to us on a site plan.

All arisings produced by the grinding process will be neatly raked back into the resulting pit and left on site to mulch down unless specifically stated otherwise in the quotation.

The term waste removal refers only to waste produced by our services, it excludes disposal of any material otherwise on site.

To ensure that The Company does not cause unreasonable disturbance or damage they may require The Client to move such items as is practical away from the works zone(s). Immovable items such as garden structures or heavy furniture will be identified to The Company, that damage may be averted. The Company cannot be held responsible for any breakages to garden items needing moving in order to complete the work.

If access to the site is prevented on the date of a scheduled visit or if less than 5 days’ notice is given The Company reserve the right to charge for the visit in full.

The removal of litter or dog excrement from the site is the responsibility of The Client. A charge will be made by The Company for the removal of any dog excrement encountered and a cleaning charge will be applicable for any contact with machinery, tools or personnel.

One off works. On completion of the works, an invoice will be raised, and payment is required within 7 days of the relevant invoice.

Annual care packages payment options. Payment can be made in full at the beginning of the season (March 1st) or 12 monthly payments can be made via standing order, payable on the 1st day of each month starting from March 1st. If the package starts after the beginning of the season (March 1st) the payments will be adjusted pro rata. A schedule will be made detailing the work to be carried out.  

Any client wishing to make a late payment must arrange this with The Company at their earliest convenience, failure to do so may incur late payment fees, which will be applied from the 7th day from the date of the agreed payment date. (When 5% will be added to the invoice total, this will be followed by further increments of 10% for each subsequent 7-day period.)

Unsatisfactory completed jobs MUST be notified, in writing / by email, to The Company within a period of 48 hours from completion.

Grass Cutting – The Company will cut the entirety of any grassed area agreed within the quote to good industry practice levels for the intended use.  The Company will not be held responsible for grass clumping due to damp weather conditions where grass arisings are to remain on site and uncollected.

Grass Collection – Where grass cuttings are to be collected, we will ensure care is taken to remove cuttings and leave a clean finish.  The Company will not be held responsible for minor clumping and small amounts of grass remaining where weather conditions are difficult.

Strimming – We will ensure the grass is cut to the height of the surrounding area and will ensure that arisings are mechanically blown off all public rights of way unless otherwise required in the quote or contract.

Grass Contamination – The Company will take reasonable care to ensure minimum contamination of the surrounding area, obstructions with grass arisings, but will not be held responsible for contamination unless specified in the quote or contract.

Hedges – When maintaining hedges, the quoted price is to remove the previous 6 months growth, or growth since the previous cut, whichever is sooner. Reduction work will be quoted separately by us. Any hedge work is subject to the ecological and wildlife legislation detailed below.

Pesticides and herbicides – The Company will ensure that pesticide and herbicide application is carried out when weather conditions are suitable. Spraying will be carried out by fully qualified NPTC operators, and in compliance with all statutory requirements. Weather depending, we will carry out spraying when programmed.  The application of any treatment will be made during appropriate weather conditions.
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The Company accepts no responsibility for accidental breakages arising from their work. Any reparation payment or works that may be made is solely at the discretion of The Company and admits no fault or liability.

Damage caused to property due to stones and other items left in the lawn. The Company cannot be held responsible for damage caused by small stones and other items left in the lawn of The Client. While we try to take every care around pebbled/landscaped areas, The Client is responsible for ensuring stones are not in the lawn.

Cancellation - To ensure satisfaction and response to change of circumstances, the Contract may be terminated at any time by either party giving prior notice in writing to the other party.

The Company has £5million Public Liability Insurance and a copy of the certificate is available on request.  The Company will operate in accordance with good industry practice, their Health & Safety Policy and Procedures and undertake Site Specific Risk Assessments (the outcomes of which may place constraints on the site whilst works are in progress, i.e. The Client can’t access their garden without prior agreement from ground staff.)
 
The site will be left generally ‘clean, tidy and safe’ but because of the very nature of the works including the production of wood dust, chainsaw / wood chippings / twigs / leaves and needles etc. and the traversing of site personnel it will not be as it was prior to commencement of works. 
 
If the works spread over multiple days, the site will be left appropriately and safe and as agreed with The Client beforehand
 
The Company will undertake the works as scheduled but is aware of / may be constrained by ecological and wildlife legislation including:

• Wildlife and Countryside Act 1981

• Countryside and Rights of Way Act 2000

• Conservation of Habitats and Species Regs. 2017

This legislation requires The Company to assess the impact of the works which may result in works being delayed as a result of nesting birds, roosting bats or similar being present.

Responsibilities. The Company responsibility is limited to these Terms and Conditions (except in respect of death or personal injury resulting from the negligence of The Company, its servants or agents)  The Company shall not be liable for any claim for direct or indirect consequential loss, injury or damage whatsoever made by the Customer or any third party against The Company arising out of or in connection with any defect in the Services whether or not such defect is directly or indirectly, wholly or in part caused by the negligent act, omission, default or neglect of The Company, its servants, or agents, or whether or not such defect amounts to a breach of a fundamental terms of a primary obligation of the Contract or fundamental breach thereof.