EHCO Gardens Terms and Conditions and GDPR Compliance – 24.05.2018
1. Scope of work
- The work as detailed shall be carried out to the standard a reasonable person can expect.
- The client is to indicate the line of the boundaries, underground cables and pipes before work commences and EHCO Gardens (referred to as EHCO here after) accepts no liability whatsoever for any losses or future disputes which the client may have with the owner(s) of neighbouring properties or other parties as a result of works which it carries out on or within the boundaries, cables or pipes that the client has indicated to us.
- All quotations are valid for 30 days only and may be subject to alteration after that date.
- The quotation is a best estimate of price at the time of submission taking into account existing site conditions and layout at the time of viewing.
- Acceptance of the quotation signifies acceptance of these terms and conditions of the contract documents and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the client will involve the client being liable to a cancellation fee and any loss of expenses incurred as a result at the discretion of EHCO up to a maximum of 50% of the total of the quotation.
- Only the work described in the quotation is included; the supply of any other materials or labour costs to carry out such works other than stated within the quotation is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will be agreed by both parties prior to being undertaken.
- No allowance is made in the quotation for any extra work required due to unknown, hidden or underground features.
- EHCO reserves the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond its control.
The client accepts that he/she will pay EHCO the full contract sum (all costs incurred) properly chargeable upon the contract. Payment terms:
- Up to 50% of total estimate value may be required before works commencing.
- On completion the client will be required to sign off the works, and pay the remaining balance on receipt of invoice unless otherwise agreed.
- If the invoice is not settled on completion as agreed, EHCO reserves the right to charge a late payment fee set at statutory rates.
- Materials need to be purchased in advance and will form part of the first stage deposit, payable one week in advance of the agreed start date. If this or any invoices are not paid within seven days of being rendered the client will be deemed to be in default and therefore in breach of contract. EHCO will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.
- In the event it is necessary to institute legal recovery of the outstanding sum the client will be liable to pay EHCO’s legal fees in full.
- If the delivery date of goods is delayed by the customer, EHCO reserves the right to charge the client the daily labour rate for all staff on site until the material arrives.
- In the event that a change in materials from that already delivered on-site is required as a result from a subsequent client change of mind, the client will be solely responsible for payment of all additional costs.
4. The site
- The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.
- Access to water and electricity services will be provided by the client at no additional cost to EHCO.
- EHCO shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.
- EHCO undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather may hinder progress, and EHCO undertakes to keep the client informed.
5. Construction & Materials on Site
- EHCO always uses reputable high quality suppliers for the supply of plants, trees and shrubs; however, it is unable to guarantee their performance once it has left the site.
- Any structural or appearance of finished features is at the discretion of the EHCO, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to EHCO, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. If a particular variety (i.e. species or cultivar) is not available a suitable substitute will be selected.
- Natural products may show some colour and/or texture, spatial variations; therefore EHCO cannot guarantee supplied materials are exact representations of any samples provided.
- EHCO will research and take the advice of the supplier as to the best way to lay/build with the material and the best adhesives and seals to use. If there are any problems arising with the product and the supplier advice has been taken EHCO accepts no responsibility, except where it has been improperly installed by EHCO.
- Materials delivered to site and tools left on site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. Delivered plants if not planted immediately will be stowed in an agreed location within the client’s garden. At this stage responsibility for the loss or theft of these plants will rest with the client.
- EHCO cannot be held responsible for the fading of colours due to efflorescence which is a natural condition producing very small white particles covering the surface of concrete products. This condition is caused by having calcium hydroxide present as a soluble salt, which leaches to the surface and combines with carbon dioxide in the air to form calcium carbonate (chalk).
- Wood is a natural product, and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. EHCO cannot be held responsible for the above taking place.
- In extreme changes of weather conditions, certain plants and materials such as: terracotta, some natural stone and other paving can be affected, suffering damage if not protected. The client should take the necessary precautions to prevent damage as this is out of EHCO’s control.
6. Maintenance after completion
- All watering of plants, trees, shrubs and turf becomes the responsibility of the client once the contract has been completed and EHCO cannot accept any responsibility for the survival once the contract has been completed.
- EHCO accepts no responsibility for any horticultural defects unless a formal maintenance contract is entered into.
7. Garden Maintenance
- Our day rate is for 8 hours. Unless a fixed price quotation has been agreed prior to work commencing. We will apply the day rate or hourly rate plus materials and expenses to the clients invoice.
- If we are required to remove green waste or general waste from the site, this will be subject to charge, as will parking and congestion charges if applicable.
- Collection of non-stock parts and materials is chargeable but time will be kept to a minimum and reasonable. Also you shall be informed prior to the operative(s) leaving the site where possible.
- EHCO will undertake any requested jetwashing, but accept no claim or compensation arising from any damage caused by the high pressure cleaning.
- In the event of an Operative(s) unable to gain access at a previously agreed time, there will be a call out charge equating to a minimum of two hours rate.
- Any date or dates included in our estimate or quotation are estimated dates and EHCO shall not be in breach of this agreement for failing to start or finish by any date given.
- We shall not be liable for and accept no responsibility for unavoidably damage caused or any unforeseeable loss you may suffer as a result to the works carried out, nor shall we be liable for any loss of nature which is not caused by our negligence or our breach of the terms of the agreement between us.
- This contract shall be regarded as an English contract and shall be construed and the rights of parties according to the laws of England and Wales. Irrespective of the place of signing this contract, it is deemed to have been made at the contractor’s address and all legal matters arising from this contract will be handled within the area of the contractor’s choice.
- Any accidental or malicious damage caused by the client, their children or their pets during the course of the construction or maintenance may incur an additional repair charge.
The new General Data Protection Regulation comes into force in May ’18. We, as a company, are obliged to keep whatever data we hold on you safe, private and secure. EHCO Gardens does not do marketing, so we never sell or pass your data on to a third party. The only data we hold about you are your name, address, telephone number/s and e-mail address. Plus, of course, copious data on your garden! We hold no bank details of yours nor sensitive data. We work on the premise of common sense, in that you contacted us for a quote, we’ve quoted, we’ve hopefully won the work and we’ve undertaken this work. We may also provide you with regular maintenance service. Where this is the case, we store your data (detailed above) in our secure office or on our password protected computers or phones. If we did not win your work at the time of quoting, we keep the same details, as sometimes you might come back to us a year or two later for the same job. Our records are held for a minimum of 7 years (for HMRC reasons – audits or inspections). If you would like a copy of what we hold on you, which isn’t much, you are welcome to contact us. If you would like us to delete all records of you, you are equally entitled to request this and break our working relationship.
EHCO Gardens reserves the right to use any drawings, photographs or plans produced by us for any future publications or displays whilst ensuring the anonymity of the client.
EHCO Gardens has public liability insurance
EHCO Gardens is a licensed waste carrier