Terms and ConditionS of Business - Jamie's Garden Services

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Terms and Conditions for the Engagement of Business

Pandemic, Brexit, and Current Trading Environment Clause: 

Please note that at the moment many supply chains are in some forms of crisis. Supply chains are struggling due to a number of reasons. Some items, equipment and building materials, concrete products and timber have already increased by as much as 50%.

At the moment it is hard to get fixed quotes for material, equipment and other items. Trade suppliers prices are now only for, if the items are on the shelf. Where Items need to be ordered in, these prices will vary due to a whole host of reasons. Material Costs and Transportation Costs are changing on a daily basis and suppliers can not hold prices for estimates for longer than as an order now basis. 

All customers need to be aware of this issue and all estimates where materials are required as part of the service, are only given on the understanding that there will be potential increases and decrease (Most likely increases). Estimates are not fixed priced quotes and the customer understands this when agreeing to any work to be undertaken. It should also be noted that there are also long delays for delivery of many items and this can also have a bearing on how services are delivered and the costs involved.

Labour: 

The Labour cost is for my time (Traveling to and from site, Ordering Supplies, Collections, Time Worked on or off site, if applicable: time taken for the Legal Transportation and Disposal of Waste from Site.... etc). 

Customers Due Diligence:

It is the duty of the property owner / person commissioning any work to be undertaken on their property to inform Jamie’s Garden Services (or any sub contractors) of any electrical cables (power or communications), pipes (water, gas, fuel or drainage) that is in any area where work is proposed or being undertaken, especially when digging or tree work is involved. Failure to do so renders the property owner / commissioning party liable should any damage, injury or financial costs involved in effecting a repair occur. If you as the property owner / commissioning party is unsure where these types of services run on your property then you should investigate this through the service providers and your properties records.

Changes to agreed work:

If the brief as outlined in this estimate changes prior to commencing the work or during the period of carrying out the work, or other tasks get added to the overall job, or a different course of action is required to complete a task due to unforeseen circumstances, these costs will not therefore be covered in this estimate and will be added as extra fees to the overall cost and invoiced accordingly. Where ever possible and practical these aspects will be discussed prior to commencing the work.
 

Estimated Cost of Goods Being Supplied:

Due to the economic situation the cost of goods and materials can fluctuate greatly without notice. This estimate is designed to stand for a period of 30 days. However, with many items, plants etc. prices are changing daily due to supply. So prices currently estimated can fluctuate without notice to the customer. If work is carried out after this period any alteration in costs will also be passed on to the customer. (Subject to Pandemic & Brexit Clause above)

Tree Work Services:

For work involving trees: I will have to through good practice and due diligence along with legal compliance:
A) - Check with Powys County Council if there are any issues in relation to..
 - Tree Preservation Orders (TPO’s).
 - Conservation Area Restrictions.
 - Any other issue in relation to carrying out this work
 - (This is normally a simple email and response. If there is an issue there may have to be an application to allow the felling to proceed. Costs for these applications will be passed on to you)
B) - For work in any commercial site, forestry / woodland. I would need to check and confirm that you have been granted a felling licence with Natural Resources Wales (if applicable) especially if the volume of timber would  be above 5x cubic metres.
 

For tree work, great care is taken to try and prevent any damage to property when a tree is being removed, pruned, reduced, crown reduction or crown raised. Where tree limbs, main stems, trunk are being removed or disassembled and there is a risk of damage to property, rigging will be used to safely lower any elements being cut. It should be noted that while every care is undertaken, it is possible that limbs etc can break while this work is being undertaken. This can be due to a number of reasons. Rot, Decay, Fungus, Cracks in the Limb, Wind Damage, Squirrel Damage, previously pruned weak spots in epicormic growth etc. This is especially relevant with brittle tree species like Willow, Poplar, Horse-chestnut, Chestnut Oak, Magnolia Ash etc… 

With Ash Dieback limbs can become extremely brittle and collapse without warning. Liability for such an assurance of collapsing Limbs, Stems and or Trunks can not be accepted by the contractors or operatives undertaking the work. Where ever possible this will be discussed prior to undertaking the work outlined.

In the event of any damaged as a result of the above, no warranty or liability can, or is offered, or inferred with any tree work engagement. The customer therefore accepts this as a condition of engagement before commissioning work to commence.

Emergency Tree Works, Storm Damaged and or Uprooted Trees:   

With the current winds and weather situation, it is extremely difficult to predict what these damaged (Wind-Blown and/or Uprooted) trees will do. Especially with the possible damage there is to the root plate, stems and or branches. 



In commissioning Jamie’s Garden Services in these weather conditions and the condition of the trees, we can not guarantee the outcome of attempting to fell the tree safely.



In this situation no liability, responsibility or guarantee can be offered or is implied in attempting a safe resolve to the storm damaged tree/trees.  As the customer, you agree to these terms and conditions prior to any engagement. 

Basic Tree Survey and Inspection:

The report supplied will have limitations as well.  This is because it is a report of what is seen at the time of the inspection. (ie: it is a bit like a cars MOT. It might be deemed safe at the time of inspection. But it can’t guarantee that something won’t fail at some point immediately after the inspection, or before the next inspection). This is also a direct reflection of how a Basic or Full Tree Survey and Examination report is relevant to the trees being inspected.    

The Basic Tree Survey and Examination will throw up any issues that are evident at the point it is undertaken, within the constraints in which it is undertaken.    

A customer should be aware that ‘NO Liability or Guarantee’ is offered in any from as a result of Jamie’s Garden Services undertaking a Basic Tree Survey and Examination, and supplying a report. This is because the author of such a report has no control over the tree or trees being reported on. What the report will hopefully do is highlight potential issues that could arise as a result from of visible aspects of a trees condition, that could cause an issue of risk. The report is a facility of due diligence to assist in the management of the prevention of potential risks becoming an incident. 

For the Full Terms and conditions in relation to a Basic Tree Survey and Inspection. Click Here: https://jamiesgardenservices.uk/tandcs-basic-tree-survey

LOLER Examinations of Equipment:

Thorough Examination of Arboricultural /Tree Surgeon's climbing, lifting / lowering rigging equipment that is used  to undertake tree felling or related works. 

Customers accepts that when a 'Thorough Examination of Equipment' has taken place. An examination report will be produced. This report on if items of equipment passes or fails the examination, can only be deemed safe to use at the point of when the Examination took place. No warranty or liability will be accepted or offered for the equipments use  from the point immediately after the examination has taken place. This is because the examiner has no control over how the equipment is used, stored, or shock loaded.

Customers using any Arboricultural climbing, lifting / lowering rigging equipment. Must carry out their own pre-use and regular documented checks in accordance with their training, industry codes of practice, manufactures guidelines, working at height regulations, and the LOLER Regulations. Failure to adhere to this are at the customers own risk and liability.

For the full terms and conditions for Jamie Jones (Jamie's Garden Service) undertaking a 'Thorough Examination of Arboricultural /Tree Surgeon's climbing, lifting / lowering rigging equipment'. Please see the LOLER Arborist Inspection Page on this website.    Click Here   This page also contains lots of other useful information.

Weed Control and Management:

Dealing with any weeds is always a long term management process where you enter into any ongoing battle. This means that an weed control programme has to be maintained at regular intervals. The customer accepts that a single spray of herbicide will not resolve their problems in the long term, and a regular treatment programme has to be maintained. This is normally between 2-4x a year period to cover different seasonal growth. And it will need to be in consecutive years as well. This is because seeds, spores, and rhizomes will germinate, or activate at different times, seasons, and even years.

It is the responsibility of the customer / commissioning agent to fully inform Jamie’s Garden Services of: 

• All dates of the last treatments (for up to 5x years.

• What Herbicide Products were used. 

• At what strength of mix that product was used at in Litres Per Hector. 

• And this is for all products and treatments in that 5x year period.  

Should the commissioning person fail to supply this information. Jamie’s Garden Services will be undertaking any commissioning on the understanding that no herbicide treatments have previously been undertaken in the period of last 5x years prior to being commissioned.  

This is to ensure that sites are not being over treated or contaminated as per government guidelines.

 The customer / commissioning agent will fully indemnify Jamie’s Garden Services, its manager, and staff should a site have an issues due to the failure to supply the above requested information. The commissioning of Jamie’s Garden Services is an acceptance of these terms and conditions.

Invasive Plant Species Weed Control:

(like Ivy, Bramble, Japanese, Giant, Bohemian and Himalayan Knotweed etc)

Dealing Invasive Plant Species is even more difficult than normal weed control. The customer therefore accepts that a treatment and monitoring plan has to be in place long term, to effectively deal with the problem. The customer also accepts that Invasive Plant Species's rhizomes (root systems) can lay dormant for long periods, only to become active again at a later date. 

While Jamie Jones (T/as Jamie's Garden Services / Mid Wales Invasive Plant Species Weed Control) can offer effective weed control management treatment programmes to help manage and control of invasive plant species. The Customer accepts that no warranty, indemnity of their return or eradication can be offered or inferred. This is because any contractor can only treat what is visible and there to treat at the time of applying any treatment. The customer should note that anyone stating differently will be misleading them.

Pre-Payment Requirements:

For some larger jobs a pre payment may be required and if this is required for your task it will be included in the main element of the estimate outlined above. Should the pre-payment element not have been received prior to work starting, then work will be delayed and will have to be rescheduled. We will not be liable for any delays or costs involved.

Invoicing For Services:

Invoices for services supplied will be invoiced on a weekly basis for on-going work and goods supplied or at the end of the first week if all work is completed within a week. A full VAT invoice will be supplied. 

For all major project supplies and goods required, payment for these items inclusive of VAT, less the shortfall allowance where applicable will be required in advance of their order and delivery. Any other minor extra items required will be invoiced with the ongoing work. Where a project is phased any payments for goods supplied will also be required in phases prior to ordering. VAT invoices will be supplied for the requested amounts. 

All invoices are to be sent to the address listed at the top of this page. Payment is to be made and received within seven days of invoice date. I am not licensed to offer credit facilities, so extended terms of payment delay are not offered. 

All cheques are to be made payable to ‘Jamie Jones’. 

Bank Details Can Be Supplied For Bank Transfer Payments

Late and Non Payments:

Where there is an agreement for regular attendance at customers property or sites for the purpose of undertaken continuous work. (ie, regular grass cutting, site maintenance, weed control and management etc) and there is late payment or non-payment of accounts. The account will go on hold and any further work will stop being undertaken until the account is brought upto date or settled in full. This clause in the terms and conditions will override any clauses in agreements, estimates or tenders to continue supplying services. In cases of serious non-payment of accounts or ignoring requests to address an overdue account any agreement to supply services can be terminated by Jamie Jones / Jamie's Garden Services.

The customer further accepts that if any service has been stopped or interrupted as a result of late or non-payment, especially where a regular or scheduled services is being offered (ie, regular grass cutting, site maintenance, weed control and management, Invasive Weed Control Treatment Plans and Monitoring, etc). No warranty, liability is offered and the customer accepts responsibility that the interruption of service as a result of their own actions. 

Late Payments or non-payment of invoices: I reserve the right to add late payment fees and interest at 8% above the banks base rate and any costs involved in recovering any unpaid debts. This is from any accounts that are more than seven days over due. 

When invoicing a Limited Company, or PLC, the company Owners / Directors agree to underwrite and honour any debts should the business cease trading, go into receivership, or go into bankruptcy. 

Title of Goods Supplied:

Title to any goods and materials supplied remain the property of Jamie Jones until the payment has been made in full and final settlement of the complete balance for undertaking all requested tasks. It should be noted that this might cover multiple invoices. For materials that have been delivered or installed that payment has not been settled on. You agree at the point of commencing the work to allow entrance to property or land for the purpose of recovering unpaid materials. Any damage caused in their removal is at the customers expense.

As material supplied where they will be installed, altered, cut or their composition will change, you will appreciate that they can not be returned to the supplier for re-crediting. You therefore accept full liability for their costs.

Media and the Use of Images:

Jamie's Garden Services reserves the right to photograph and publicly display or publish any work that it undertakes with a description of what has been undertaken. This is so other potential customers can see the work the business undertakes. This could include editorial printed hard copies or on-line publication.

Resolutions, Dealing with an Issue or Problem:

If for any reason you feel that there is an issue or a problem with any service supplied, I request that you bring it to my attention at the earliest opportunity so that I can address or resolve matters quickly.

Any problem or issue raised after a invoice become late for payment that could have been address at an earlier stage. Will not be address in any form until the account is settled in full and it will be seen as a delaying or avoidance tactic. The only exception to this will be if I feel that the customer raises a genuine issues.

Terms of Engagement:

Any engagement of Jamie Jones, (T/as Jamie’s Garden Services) is deemed as; That the client has read and is in agreement to all the terms and conditions clearly laid out within this document, and or the weblink to the publicly displayed terms and conditions on the website.

Where a customer has commissioned or tendered out work. Jamie Jones / Jamie's Garden Services will strive to adhere to any terms of agreement they may have. However, the customer acknowledges that they will not supersede these terms and conditions of engagement laid out in this document. Any services provided is only supplied on the businesses terms and conditions of engagement.

When engaging Jamie Jones, (T/as Jamie’s Garden Services). 

- You are agreeing to authorising the business to undertake the work outlined in the above estimate  / tender. 

- You are agreeing to the terms and conditions. 

- You are also giving authorisation  to have access to the property or grounds for the purposes of undertaking such activities.

- You are the lawful owner or have a lawful right to commission the outlined work and access to be undertaken. 

- For activities like hedge cutting, fencing etc, where it straddles boundaries. or where boundaries are, or become in dispute. The commissioning customer accepts responsibility for the work that they commission. If work has to stop, be delayed, rectified, reversed. The customer also accepts that they will have to cover any costs or financial implications as a result.

Interruption of Service: 

If for any reason any agreed services supplied, or to be supplied is interrupted for a legitimate reason, every effort will be made to address getting services back on track for a customer. However no warranty or liability is offered. 

If for any reason any agreed services supplied, or to be supplied is interrupted  as a result of unforeseen circumstances (illness, accident, death etc). The customer accepts that there is no warranty,  liability, or compensation is offered.

Updating Terms and Conditions:

Jamie Jones / Jamie’s Garden Services reserves the right to change and amend any terms and condition without  prior notice, at any time in accordance with its business trading activity.

I would advise that all customers read, access and print out a copy of the terms and conditions that they are agreeing to, when an estimate or tender is supplied.

Commissioning: 

I hope that you find this estimate or tender acceptable and look forward to undertaking your work. Please let me know at the earliest by email if you wish me to undertake the work outlined. 

If you are happy with this estimate or tender, and want to proceed with commissioning me to undertake your required work. Please sign and return a copy of this estimate as confirmation. Without a signed confirmation work will not start. Alternatively you can email your authorisation commissioning me and agreeing to these terms and conditions with the completed below authority. 

Yours sincerely 

Jamie Jones

Commissioning of work to be undertaken: 

I/We, .................................................................................................................... , of 

Position: ..............................................................................................................

Company: .............................................................................................................. (if applicable)

Address ...................................................................................................................

..................................................................................................................................

...............................................................................................
 

Post Code ................................................... 

Authorise you to undertake the work outlined in the above estimate or tender, and agree to the terms and conditions.

 I /We also give authorisation for you to have access to the property for the purposes of undertaking such activities. 

I/we have a lawful right to commission the outlined work in this estimate to be undertaken.

Signed: ……………………………………………………
 

Date:....................../ ………………/…………….

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