The Grayshaw & Yeo Gardening Company and the Garden Owner agrees to engage, the services of a Gardener as specified in the Client Pack Document, and as set out in the Terms and Conditions detailed below.
1. Introduction and Definitions
1.1. These terms govern the introduction and ongoing management of the ‘Gardener’ by Grayshaw & Yeo Gardening Company. By entering discussions with a person introduced by the Grayshaw & Yeo Gardening Company, or by allowing the commencement of services, the Garden Owner accepts these Terms.
1.2. The ‘Gardener’ is contracted to provide the garden maintenance services that are initially agreed by Grayshaw and Yeo Gardening Company Ltd and the Garden Owner in the client pack. Ongoing the ‘gardener’ is contracted to undergo any relevant jobs that are outlined in the monthly tasks sent out by Grayshaw and Yeo Gardening Company to the ‘gardener’ and to then continue to develop the garden as directed by the garden owner.
1.3. The ‘Gardener’ is sub-contracted to Grayshaw and Yeo Gardening Company Ltd to provide the agreed services.
1.4. The ‘Garden Owner’ is the owner of the property where the ‘Gardener’ will carry out the services detailed in the ‘Scope of Work’ within the Client Pack.
2. Grayshaw and Yeo Gardening Company Ltd Responsibilities
2.1. The services will be provided by the Gardener as agreed in the Scope of the Work at the outset of this contract, with appropriate skill and care.
2.2. Grayshaw and Yeo Gardening Company Ltd are responsible for ensuring that the Gardener exercises initiative as to the delivery of services.
2.3. The Gardener is responsible for:
2.3.1. Maintaining adequate Public Liability insurance and for providing evidence thereof on request.
2.3.2. Providing their own hand tools.
2.3.3. Complying with all Health and Safety policies and risk assessments supplied by Grayshaw and Yeo Gardening Company Ltd.
2.3.4. Giving the Garden Owner reasonable notice of any periods when services will not be provided.
2.4. Grayshaw and Yeo Gardening Company Ltd has the right to replace or substitute a Gardener due to a change in circumstance. You will be informed of this via telephone / email.
2.4.1. The Garden Owner has the right to refuse to accept services from any personnel on any reasonable grounds, including difference in personalities, or related to security, qualifications or expertise.
3. Garden Owner Responsibilities
3.1. The Garden Owner is responsible for:
3.1.1. Providing a safe environment that is owed to the public at large.
3.1.2. giving the Gardener such cooperation, information and access as are reasonably necessary for the proper performance of the services.
3.1.3. Ensuring that payment is made for services by Standing Order on the correct date of each month (10th) for the previous months work. Please refer to section 5 of the Client Pack for further details.
3.1.4. Making any claims against the Gardener’s insurance.
4. Charges and Payment
4.1. On the initial visit Grayshaw & Yeo Gardening Company, together with the Garden Owner will assess the gardens needs and agree the amount of time and cost per month, which the garden requires. We require a Standing Order to be arranged to reach the designated Grayshaw & Yeo Gardening Company Ltd bank account on the 10th day of the following month for the agreed amount. For invoicing our month’s run from the 11th of the month to the 10th of the following month inclusive. Please see your Client Pack for further details.
4.2. Every January you will be sent a breakdown of the hours worked that year and either a refund will be made or we will request money for any difference in amounts. Refunds will be made by bank transfer by the end of February of that year and differences will be requested to be paid immediately, by bank transfer, to Grayshaw and Yeo Gardening Company Ltd.
4.3. You may change the amount of hours you need by providing two weeks’ notice of any alterations, via email or phone. If you fail to give notice you may still be charged.
4.4. If the Gardener cannot come to your garden on the day that they agreed due to their own change in circumstances then they will not be paid. The Gardener will endeavour to make up any hours missed within a reasonable timeframe. If this is not possible the Garden Owner will be refunded charges for this visit in February.
4.5. The Grayshaw & Yeo Gardening Company may suspend provision of services whilst any payment is overdue, and whilst more than 7 days overdue may also terminate for non payment.
5.1. A Contract may be terminated.
5.1.1. by either party giving the other written notice of 14 days by email or post to Grayshaw and Yeo Gardening Company Ltd.
5.1.2. by either party by Immediate Notice, if the other is in material breach of contract, or is in breach of contract and fails to remedy the breach within fourteen days of being required in writing to do so.
5.2. Immediate Notice means notice to terminate with immediate effect, and shall be effective however communicated, provided confirmed in writing to 18 Lammas Road, Godalming, Surrey, GU7 1YL, or email@example.com within 3 days.
6.1. Grayshaw & Yeo Gardening Company will take reasonable care in selecting a gardener for each client and has no reason to believe any information presented to the Garden Owner to be untrue.
6.2. The Garden Owner acknowledges and agrees that the Gardener is engaged to perform the services as specified in the ‘Scope of Work’ as an independent professional. The Gardener will have all appropriate insurances and Grayshaw & Yeo Gardening Company Ltd will make all claims regarding Public Liability against the Gardener.
6.3. Liability is neither limited nor excluded for death or personal injury or otherwise, where it would be unlawful to do so. Therefore,
6.3.1. Grayshaw and Yeo Gardening Company Ltd shall not be liable to the Garden Owner for consequential loss or damage of any kind or for loss of profit, business, revenue, goodwill or anticipated savings.
6.3.2. In any event Grayshaw and Yeo Gardening Company Ltd shall not be liable to the Garden Owner for more than £1000.
6.3.3. these limitation and exclusion provisions shall operate for the benefit of all potentially liable persons.
7. Employment obligations and third party rights
7.1. The Garden Owner shall not seek to exercise the rights of an employer towards any person providing services, nor shall it expect or require any such person to integrate into their employed workforce.
7.2. The terms of the Grayshaw & Yeo Gardening Company’s contract with the Gardener expressly provide for the Garden Owner to have the benefit of the Gardener’s commitments therein and where appropriate to take legal action directly against the Gardener. Any agreement between Grayshaw & Yeo Gardening Company and the Gardener to vary a Contract which affects the Garden Owner’s rights is conditional on the Garden Owner’s consent.
8. Protection Of Grayshaw & Yeo Gardening Company’s Business
8.1. The Garden Owner will not engage any person who has been introduced by the Grayshaw & Yeo Gardening Company other than under a contract with the Grayshaw & Yeo Gardening Company.
8.2. The Garden Owner will not during a Contract or within one year following the letter of introduction, or the end of the most recent Contract, engage any person introduced or who has provided services on their behalf other than under a contract with the Grayshaw & Yeo Gardening Company.
8.3. The Garden Owner acknowledges that a Contract does not give it exclusive rights to the Gardener’s services, and that the Gardener enters this contract in the course of their business of providing services to their customers. The Gardener remains at liberty to also provide services to third parties. It is the Gardener’s responsibility to ensure that no conflict of interest arises.
9.1. Force majeure: If a party is obstructed in performing any of their obligations by an event outside their reasonable control, then performance to the extent obstructed is suspended for so long as the obstruction continues.
9.2. Waiver: Failure to enforce any of these terms is not a waiver of a party’s rights and shall not prejudice their rights to take action in respect of the same or any later breach.
9.3. Severability: If any of the foregoing clauses are found by a Court to be invalid then this contract should be read omitting the invalid clause.
9.4. Law: These terms are governed by the laws of England & Wales, whose courts shall have sole jurisdiction in relation to all matters arising.