Gardening, Exterior Cleaning and Cleaning – Terms & Conditions
The terms and conditions which are detailed below govern any works undertaken by Home Legends Gardening Ltd. Home Legends Cleaning Ltd & Home Legends Exterior Cleaning Ltd and must be accepted before any works can commence, if you have any questions relating to these terms please get in touch. We will issue these for signature electronically when you let us know you’re interested in our services.
We have these in place to protect you and to protect us.
To make this as transparent as possible bullet pointed are the key things you need to be aware of
- You’ll pay us in a timely manner, if you don’t we can take action.
- If you fail to provide us access to your property on an agreed date and time, we will charge a cancellation fee applicable to the whole cost of the invoice amount.
All the legal stuff is contained below.
Home Legends Gardening, Exterior Cleaning & Cleaning – Terms and Conditions
These Terms and Conditions apply to the sale of all Services by us, Home Legends Landscaping Ltd, a company registered in England and Wales under number 11917507, whose registered office address is 4 Mapledurham, Caldecotte, Milton Keynes, England, MK7 8HG (“the Company/We/Us/Our”).
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Customer/You/Your” means the business or corporate body, consumer, or individual purchasing the Services. Where an individual is entering into the contract on behalf of a business, the individual confirms they have the authority to enter into this contract on behalf of that business and the business will be our Customer in the context of the contract;
“Consumer” is as defined in the Consumer Rights Act 2015;
“Materials” means the materials as detailed within the Proposal which shall be used to provide the Services;
“Property” means the property at which the Services are to be carried out;
“Proposal” means our estimate for providing the Services, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of works; and
“Services” means the gardening, landscaping and/or any other Services we will provide as specified in the Proposal.
- Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “writing/written” includes emails, SMS, WhatsApp and similar communications;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- “these Terms and Conditions” refers to these Terms and Conditions as amended or supplemented at the relevant time;
- a clause refers to a clause of these Terms and Conditions;
- a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation.
- Words imparting the singular number include the plural and vice versa. References to persons include corporations.
- How the contract is Formed
- Where necessary, we will arrange a survey of the property. At the time of the survey, the property should be made available and fully accessible, and our Proposal will be based on any findings at this time. Any dimensions provided are subject to re-measure at this time. Any findings that have changed since the survey, were not evident at the time of survey or where a survey was not possible will be added to the contract price.
- These terms and conditions govern the sale of all Services provided by us and will form the basis of the contract between you and us.
- Following an initial meeting in order to discuss the necessary works, we will provide to you a Proposal.
- A legally binding contract between you and us will be created when you accept our Proposal. Before accepting our Proposal, please ensure that you have read these terms and conditions carefully. If you are unsure about any part of these terms and conditions, please ask us for clarification. No terms or conditions issued or referred to by you in any form will in any way vary or add to these terms and conditions unless we agree otherwise in writing.
- Our Proposal is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to it.
- Design
- We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice. Our Services, and any guidance we provide, will be from a landscape design perspective only; you must gain specialist advice from architects, building control or other specialist contractors where applicable.
- Upon request we may work from developers’ or architects’ plans These will be based on the relevant developer’s specification and measurements. All decisions relating to the final design and build are your and the developer’s responsibility. We will have no liability where we have relied on measurements provided to us where these are found to be incorrect.
- If you require any additional services after accepting our Proposal, we reserve the right to provide you with a further Proposal, which must be accepted by you in writing before we will proceed.
- We may provide suggestions for Materials or other services to be provided to you by a third party. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure you have conducted your own research and the relevant supplier or materials are suitable for your needs. In the event we have made a recommendation for a supplier, a separate contractual relationship will be created between you and the supplier, under separate terms and conditions, for the Materials and any fault with them.
- Any timescales we provide are to be considered an estimate only and are not of the essence of the contract.
- The Services
- The Services will be carried out during our normal working hours, unless otherwise agreed. Any Services required outside of these hours may incur additional costs.
- We will provide the Services in accordance with the specification set out in the accepted Proposal (as may be amended by written agreement between you and us from time to time, however we shall not be liable to begin amendments until we have received written confirmation from you).
- We will require you to grant us unrestricted access to the property at all reasonable times for the purposes of taking measurements and or carrying out the Services, and for any subsequent remedial work if required. Any access which could be reasonably considered difficult by us may be subject to an additional fee.
- We may instruct you to take reasonable steps to protect the Property including, but not limited to, the removal of valuable and/or delicate items from areas where our work is to be carried out and we cannot be held responsible if you fail to do so. We will not move furniture or other obstacles to gain access to the required parts of the Property if this work is more than minimal (which will be decided at our sole discretion).
- We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with all relevant codes of practice, best trade practice and all current building regulations.
- We will ensure that no parts of the property suffer damage as a result of our provision of the Services. This does not apply to any damage caused to any existing decorations which is reasonably commensurate with the carrying out of works in the usual way. We will make good any other damage that occurs at no additional expense to you, as soon as is reasonably possible.
- We will properly dispose of all waste that results from our provision of the Services to skips on Site, provided full payment is made by you for this. Where any skip is only partially full no refunds or partial refunds will be due.
- Where you have failed to make payment for the skip(s), we reserve the right to charge you the total cost of any arrangements made by us for the disposal of waste.
- Any waste, fixtures or fittings that is not a direct result of our provision of the Services is not our responsibility and additional fees will apply for the disposal of this.
- Any programme we agree is to be treated as an estimate only. We may be delayed by factors outside of our control, so unless we agree otherwise in writing, we will have no obligation to complete our Services by a specified date.
- You are responsible for ensuring that:
- the Property is suitable for our Services to be carried out;
- We and any delivery vehicles can access the Property on the agreed dates and at the agreed times. Our price is based on being able to complete our Services in one continuous visit or where we are carrying out our Services in phases, each phased visit is to be continuous;
- If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained by you before we begin the Services. If we require access to neighbouring land, it is your responsibility to ensure that access is granted; and
- we have access to power, water, and adequate welfare facilities at the Property, to enable us to carry out our Services.
- If you fail to comply with any of your responsibilities under these Terms and Conditions, we will not be held liable for any delays as a result and we reserve the right to recover any costs incurred by us, such as for storage of Materials or non-productive visits to the Property.
- The Services shall be considered complete on our notification to you that they have been successfully completed.
- Materials
- We reserve the right to make minor, non-aesthetic alterations to the specification of any Materials without consulting you first. We also reserve the right to alter the specification where necessary to conform to any industry, statutory or government requirements.
- The responsibility (also known as the “risk”) for the Materials remains with us until it has been delivered to the Property, at which point it will pass to you. Once the risk in the Materials has passed to you, you are responsible for storing it safely, protecting it and insuring it against its full replacement value. You will only own the Materials once we have received payment in full for the total Contract value.
- Where any materials or other equipment have been supplied by you or any third party, we accept no responsibility for them or for any faults in them. If we are delayed in carrying out our Services because of such equipment or materials (if, for example, their delivery is delayed), we reserve the right to charge for any costs incurred by us as a result. Any return visits required due to faults in any such equipment or materials will be chargeable.
- Delivery
- We will provide an estimated delivery date (and installation date where applicable) for the Materials. However, it is possible for delays to be incurred due to unavoidable breakages occurring during the manufacture of the Materials, and we cannot be held liable for any costs incurred by any delays as a result.
- Most orders will be delivered by lorry or large van, so it is important that you tell us about any restrictions on access at the time of your order and/or survey.
- All deliveries will be delivered to the address stated on the order and this will typically be kerbside delivery, depending on the vehicle used.
- We can only deliver to mainland UK addresses. If no one is available at the Property at the time of delivery, the driver will retain the Materials, and we will await further instructions. The redelivery will be chargeable and this must be paid before the redelivery can take place. If the Materials are to be left without you being present, then full payment must be received prior to delivery, and we cannot accept responsibility for incorrect delivery or loss of Materials where you (or someone suitable that is nominated by you) are not present to accept the Materials.
- Delivery will be deemed to have taken place when the Materials have been delivered to the agreed delivery address and you (or someone identified by you) have taken physical possession of the Materials.
- We cannot be held responsible if the items are lost, stolen or become damaged after the delivery has taken place. Please notify us at the time we quote if there are any access restrictions both within and outside the Property. Please also notify us within 24 hours of delivery if there are any defects, damage, missing or incorrect items so we can investigate.
- We require a minimum of 48 hours’ notice if the agreed delivery date is to be changed. If we receive less than 48 hours’ notice, if there is a failed delivery in accordance with this clause or access is more difficult than originally foreseen we reserve the right to charge for any costs we incur as a result.
- Variations and Pricing
- Our Proposal is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident which affect the Services and/or Materials to be provided, we reserve the right to adjust our pricing and we will notify you of this in writing.
- You will need to accept the new Proposal and pricing before we can continue with the Services. Please note that where any change includes more than a minor change in Material cost, we reserve the right to request payment in advance before we can order such additional or alternate Materials.
- Fees and Payment
- The fees payable for the Services shall be as detailed in the Proposal.
- We reserve the right to issue any final invoice at any time if the Services are delayed through no fault of our own. We also reserve the right to request 100% of the quoted fee up front at our sole discretion.
- Where we are providing Materials, you will, unless otherwise agreed, be required to make payment upfront upon invoice.
- We reserve the right to charge for expenses, mileage and travelling time to attend property visits at your request. Should we incur any additional costs due to material price increases or any other reasons outside of our control we reserve the right to pass these costs onto you.
- All invoices are payable in full without set off, withholding, retention or deduction, unless otherwise agreed by us.
- The time of payment is of the essence of the contract. If you fail to make any payment to us by the due date then, without prejudice to any other right or remedy available to us, we will have the right to suspend the Services and charge you interest on a daily basis at the rate of 8% per annum above the Bank of England base rate from time to time in force, both before and after judgment, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to charge for any costs we incur in attempting to recover the debt.
- All prices quoted are in pounds sterling and subject to VAT at the current rate.
- No certification (if applicable) will be issued until payment has been received by us in full for each phase completed.
- Cancellation and Termination
- As a Consumer, you have a statutory right to a cooling off period. This period begins once the Contract is formed (as detailed in clause 2.4) and ends at the end of 14 calendar days after that date.
- If you wish to cancel the Contract within the cooling off period, you should inform us immediately in writing, using the contact details provided with our Quotation.
- If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract.
- If the start date for the works falls within the cooling off period, you must make an express request for the Services to begin within this 14-day cooling off period. By making such a request, you acknowledge and agree to the following:
- If the Services are completed within the 14-day cooling off period, you will lose the right to cancel once the works are completed;
- If you cancel the Contract after the Services have begun, you will be required to pay for any Services and Materials supplied up until the point at which you inform us of your wish to cancel. The amount due will be calculated and refunded or deducted in proportion to the total quoted fee and the actual Services and Materials already supplied.
- If you wish to cancel the Contract after the 14-day cooling off period has expired, we need a minimum of 7 days’ notice prior to the agreed start date. You will remain liable to pay for any Services that have been carried out up to the date of cancellation and if the cancellation takes place after we have purchased any Materials, you will be required to pay for such Materials and any other expenses incurred by us as a result.
- We may cancel the contract at any time and if we do, we will confirm this in writing. If we cancel the contract before providing the Services, we will refund any payments you have made in advance.
- Either we or you may cancel the contract immediately if the other:
- has committed a material breach of this contract, unless the breach is capable of remedy, in which case this right to terminate will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or
- goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
- Cancellation of the contract for any reason will not affect the rights and liabilities of the parties already accrued at that time and any clauses that are stated to continue in force after termination will not be affected.
- Assignment and Sub-contracting
- You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this contract.
- We may at any time assign, transfer, charge, sub-contract, or deal in any other manner with all or any of our rights or obligations under this contract, without your prior consent. If we sub-contract any of our obligations, we will be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.
- Guarantee:
- Our Liability
- Except in respect of death or personal injury caused by our negligence, we will not, by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained in the contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) in connection with the performance of our obligations under the contract. All warranties or conditions whether express or implied by law are expressly excluded, to the maximum extent permitted by law.
- We cannot be held responsible for any failure or delay in providing our Services or for any costs or losses sustained or incurred where our failure or delay was caused by incorrect information supplied by you, or your failure to comply with any of the obligations detailed in these Terms and Conditions.
- In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you under the contract.
- We will use our own exclusive judgement when deciding upon artistic factors required for the provision of the Services. To the extent permissible by law, we will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
- Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
- If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance so we can investigate.
- Intellectual Property Rights
- We own (and retain) all intellectual property rights subsisting in any and all designs we create.
- Provided payment is made in accordance with the terms of payment above, we will grant you a non-exclusive license to use the intellectual property the subject of the contract, only for the purposes for which we are engaged by you. The license will become effective once the final design is provided. You may not sub-license these intellectual property rights without our prior written permission, nor allow another contractor to use such.
- We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.
- Any license granted shall be automatically revoked if you breach any of these terms and conditions or if the contract is cancelled in accordance with clause 9.
- The license will apply only to the final design and will not extend to any draft concepts, images, designs or other material viewed by you. These cannot be used without our express permission.
- You warrant that any document given to us will not cause us to infringe the intellectual property or other legal rights of any third party.
- We reserve the right to use any design created by us and take photographs of the property for our own promotional purposes. Please advise us when accepting our Proposal if you do not agree to this.
- Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, acts of terrorism or war, pandemic, epidemic, governmental action, natural disaster, or any other event that is beyond our control.
- How We Use Your Personal Information: All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and any changes to it.
- Other Important Terms
- Nothing in the contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
- The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any part of these Terms and Conditions.
- Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our contract. This will not affect the validity and enforceability of the remaining parts of the contract.
- If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
- Notices will be deemed to have been duly received and properly served 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that it was sent to the specified email address of the addressee.
- Governing Law and Jurisdiction
- These Terms and Conditions (and the contract), including any non-contractual matters and obligations arising from them or associated with them, will be governed by, and construed in accordance with, the laws of England and Wales.
- Any dispute, controversy, proceedings or claim between us and you relating to these Terms and Conditions (or the contract) (including any non-contractual matters and obligations arising from them or associated with them) will fall within the jurisdiction of the courts of England and Wales.