These Terms and Conditions apply to all transactions and agreements between LM Garden and Tree Care and its clients.
Definitions
1. Contractor: LM Garden and Tree Care (LMGTC), representing all staff directly or indirectly employed by the company.
2. Client: person commissioning specified works, unless it has been clearly stated that he/she acts on behalf of a third party.
3. Quotation: written specification of the works as discussed on site and sent to the client.
4. Works: refers to tree surgery, arboricultural advice and liaison with local authorities.
5. Contract: agreement between LMGTC and a client in which the client requires LMGTC to undertake certain specified works and LMGTC agrees to do this for a given remuneration.
Quotations
6. All quotations and cost estimates are without obligation.
7. All quotations are inclusive of VAT. (If applicable)
8. Quotations are valid for 30 days from their date of issue, after which time the contractor is entitled to draw up a new quotation/amend costs.
Entering into an agreement, execution of commission
9. The contract takes effect on acceptance by the client, either verbally or in writing, of the quotation submitted by the contractor.
10. The contractor commits to execute the works to the best of his ability, employing sound professional knowledge, skills and experience, with due regard to the client’s requirements and in compliance with all relevant regulations and standards.
11. The contractor shall take all necessary steps to ensure that the worksite is left clean, tidy and safe on completion of all works.
Alteration/withdrawal/end of contract
12. Scheduled works may be cancelled by the client giving 48 hours notice. The contractor reserves the right to charge administrative costs if the works are cancelled after 48 hours.
13. Cost of any additional works requested by the client not included in the original quotation will be charged at our current time charge rates.
14. The contractor reserves the right to delay or cancel works that: (a) are deemed a potential hazard (b) are affected by inclement/dangerous weather (c) interfere with the safe retention of wildlife habitats (d) are compromised by unforeseen circumstances.
15. In the event of a contract being withdrawn by the client after works have commenced, he/she will pay the contractor 75% of the remuneration agreed upon at the start of the contract.
16. In the event of a force majeure, including all exterior causes (foreseen or unforeseen) over which the contractor has no influence and which prevents him from meeting his obligations, the parties will agree to either suspend or annul the contract.
Liability
17. The contractor is responsible solely for damage that is the direct and demonstrable result of a shortcoming for which the contractor can be held accountable.
18. The contractor does not accept liability for any damage to (underground) services that were not advised of by the client prior to commencement of the works.
19. The client is responsible for informing neighbours of any works that requires access to their property.
20. The client is bound to indemnify the contractor from any claims from third parties arising after completion of the works.
Payment
21. The contract price takes into account factors such as travelling time, site conditions, parking costs, arrangements with local authorities regarding the safeguarding of the area, manpower required and the need for hired equipment.
22. Invoices should be paid on completion of works, unless agreed otherwise. The contractor reserves the right to charge interest on fees outstanding for more than 14 days at the rate of 5% per week from the agreed date of payment.
Legal system applicable
23. The law of the United Kingdom applies to all legally binding transactions between the client and the contractor