Please read these Terms & Conditions carefully, as they set out legal rights and obligations in relation to our services.

 

  1. Quotations
  • 1 All quotations are valid for 30 days and may be subject to amendment after that date.
  • 2 The quotation reflects the price at the time of submission, taking into account existing site conditions, layout at the time of viewing and current material costs.
  • 3 Acceptance of the quotation signifies acceptance of these terms and conditions and represents a binding contract between both parties.
  • 4 Once a quotation has been agreed, any subsequent cancellation by the client will involve the client being liable to a cancellation fee and any potential losses such as the purchasing of materials.
  • 5 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 work being undertaken.
  • 6 No allowance is made in the quotation for any extra work required due to unknown, hidden or underground features.
  • 7 Any dates stated are estimated and Back Gardens Ltd shall not be in breach of this agreement for failing to start or finish by any date given.

 

 

  1. Scope of work
  • 1 Any work as detailed shall be carried out to the standard a reasonable person can expect.
  • 2 If there is any discrepancy between specification and drawing provided, the description contained in the specification shall prevail over the drawing.
  • 3 The client is to indicate the line of the boundaries, underground cables and pipes before work commences and Back Gardens Ltd 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.
  • 4 The client is responsible for obtaining any planning permission required, including the preparation and submission to the Local Authority of any necessary applications. Back Gardens Ltd takes no responsibility for loss or damages incurred as a result of failed planning permission or the client requiring planning permission in retrospect.
  • 5 Any quotes will exclude: excavation of removal of any concrete deeper than 150mm thick; filling of wells, mines or shafts; removal of any air raid shelters; removal of asbestos; removal of any chemicals and the re-routing of any services unless otherwise specified. If any potentially dangerous substances, including asbestos are found or are deemed a risk to health, our staff will leave site immediately.  The customer will be responsible for any financial loss to our Company in terms of costs incurred such as machinery hire and wages lost for example.
  • 6 It is the responsibility of the client to ensure there is no preservation order on any parts of the property or surrounding areas which may impact our work. In the event of an order preventing commencement or completion of work, the client will pay for any materials purchased and labour already completed.
  • 7 Copyright laws cover all designs. The Back Gardens Ltd design cannot be reproduced without prior written consent by Daniel Vendyback. The design will remain copyright to Back Gardens Ltd.  It must not be used in any marketing purposes by a third party unless specifically authorised by Back Gardens Ltd.

 

 

  1. The site
  • 1 The client will provide reasonable access to the site throughout work being undertaken.
  • 2 Access to water/electricity services will be provided by the client at no additional cost to Back Gardens Ltd.
  • 3 Back Gardens Ltd shall ensure that site is free from machinery and be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. Back Gardens Ltd is responsible for all plant on site once Back Gardens Ltd staff and subcontractors have left site after a working day.
  • 4 Back Gardens Ltd undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed unless unforeseen circumstances arise.

 

 

 

  1. Construction and Materials
  • 1 Back Gardens Ltd always uses reputable high quality suppliers for the supply of plants, trees and shrubs; however, it is unable to guarantee their performance once any Contract is completed.
  • 2 Any structural or appearance of finished features is at the discretion of Back Gardens Ltd, unless agreed by the client prior to or during works. Where a written specification for the appearance of a feature is provided to Back Gardens Ltd, it is the responsibility of the client to request a small sample of this finished works prior to the start of that specific feature. If a particular variety is not available, a suitable substitute will be selected.
  • 3 Natural products may show some colour and/or texture, spatial variations; as such, Back Gardens Ltd cannot guarantee that supplied materials are exact representations of any samples provided.
  • 4 Back Gardens Ltd cannot be held responsible for the fading of colours due to efflorescence, a natural condition producing very small white particles covering the surface of concrete products.
  • 5 Wood is a natural product and is 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/warp. This is natural and Back Gardens Ltd cannot be held responsible for this.
  • 6 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.
  • 7 Back Gardens Ltd 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, Back Gardens Ltd accepts no responsibility, except where it has been improperly installed by Back Gardens Ltd.
  • 8 Materials delivered to site become the responsibility of the client once staff from Back Gardens Ltd have left site. 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 and responsibility for the loss or theft of these plants will rest with the client.

 

 

  1. Payment for works agreed
  • 1 The client accepts that they will pay Back Gardens Ltd the full contract sum (all costs incurred) together with any Value Added Tax properly chargeable.
  • 2 We will ask for a 20% non-refundable deposit paid into our account prior to commencement of any work agreed.
  • 3 Where works’ value exceed £3000.00, a schedule of interim payments may need to be agreed prior to works commencing.
  • 4 On completion of either full works or part-thereof (stage works), the client will be required to pay the remaining balance within 7 days unless otherwise stated.
  • 5 The client agrees to pay any extra works or costs due to unknown difficulties or changes which are not within the quotation.
  • 6 If the invoice is not settled within 7 days, Back Gardens Ltd reserves the right to charge daily interest at 5% until full payment is received.
  • 7 Materials needing to be purchased in advance may form part of the deposit. If this not paid within 7 days of being requested, the client will be deemed to be in default and therefore in breach of contract. Back Gardens Ltd will then be entitled to cease work and remove all unused materials on the site.  Any costs incurred by our suppliers for return of unused items will be paid for by the client.  We reserve the right to remove any works already completed by ourselves and any additional costs will be paid for by the client.
  • 8 In the event that it is necessary to institute legal recovery of the outstanding sum, the client will be liable to pay Back Gardens Ltd’s legal fees in full.
  • 9 In the event that a change in materials from that already delivered on-site is required due to the request of the client, the client will be solely responsible for payment of all additional costs.
  • 10 Back Gardens Ltd reserves the right to consider price increases in line or thereabouts with the Bank of England rate of inflation.

 

 

  1. Maintenance Contracts
  • 1 Clients have the right to cancel within the 14 day “cool off period” from the date of the Contract. If any work has commenced prior to the client cancelling within the 14 days “cool off” period, the client is responsible for paying any fees incurred by Back Gardens Ltd including labour and materials.
  • 2 During the duration of the Contract (including rolling), if the Contract is cancelled by the client, this must be a minimum of one month’s notice in writing. The client will be liable to pay for any visits that have already taken place but have not been covered through monthly payments received by Back Gardens Ltd.
  • 3 From the first anniversary of the Contract, clients will be placed on a rolling contract from year to year. Section 6.2 will apply to any rolling Contracts.
  • 4 Cancellation of less than 48 hours of any scheduled visits may incur a charge. Any missed visits in these circumstances may, at the discretion of Back Gardens Ltd, be included in the period of the remainder of the Contract. However, Back Gardens Ltd will not accept responsibility if this is not possible and the client will not be reimbursed for missed visits.
  • 5 Back Gardens Ltd reserves the right to increase prices in line or thereabouts with the Bank of England rate of inflation.
  • 6 Clients are expected to pay within 7 days of receipt of the monthly invoice.
  • 7 Clients are responsible for the safe removal of any hazardous waste including the removal of animal excrement prior to each maintenance visit.
  • 8 Back Gardens Ltd shall use our best endeavours to ensure our staff attend at the time and date agreed for each visit. However, we accept no liability in respect of non-attendance or late attendance of our staff or for late or non-delivery of goods.

 

 

  1. General

7.1 Following the planting of shrubs, trees and turf by Back Gardens Ltd, it is the sole responsibility of the client(s) to ensure that the right amount of water, light, nutrients and soil conditions are provided.   Any issues should be reported to us within a reasonable time scale.

  • 2 Back Gardens Ltd accepts no responsibility for any subsequent damage to materials including shrubs, bushes, fences, slabs once work is completed. Any accidental or malicious damage will incur an additional repair charge.
  • 3 If we are required to remove waste from the site, this will be subject to a charge unless otherwise stated.
  • 4 Collection of non-stock parts and materials may be chargeable and kept to a reasonable timeframe.
  • 5 Back Gardens Ltd will undertake any requested jet washing (at an agreed price), but accepts no claim or compensation arising from any damage caused by the high pressure cleaning.
  • 6 In the event of an employee/subcontractor of Back Gardens Ltd being unable to gain access at a previously agreed time or Back Gardens Ltd not being provided with at least 48 hours notice of cancellation, the client may be charged the full amount for any work that Back Gardens Ltd were unable to complete including a fuel charge.
  • 7 Clients are responsible for the removal of any objects which may cause risk to Back Gardens Ltd employees including gravel on lawns and any equipment not stored safely. In these circumstances, should any damage occur to equipment belonging to Back Gardens Ltd, the client will pay for repair or replacement. Should any objects not removed by the client damage any part of a client’s property during our work, including windows or greenhouses, the client will be responsible for replacement or repair.
  • 8 Any 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 agreeing to 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.
  • 9 Back Gardens Ltd 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.

 

 

General Data Protection Regulations (GDPR) Act

The General Data Protection Regulations (GDPR) Act requires companies to be transparent with regards to personal data collected from customers.  Please read below how we collect your personal data and how it is stored.

Once Back Gardens Ltd has received your personal data through email or phone where you have contacted us, the personal data will be stored on an encrypted computer file with a password to access the files. The following personal data is collected:

  • Name
  • Address
  • Email Address
  • Contact telephone number

The above information is collected for office use only to create our records for contact and Invoice purposes.  This information will not be passed onto any third party.  If Back Gardens Ltd has not had any contact with you for 6 years, then all details will be disposed of safely.

 

Back Gardens Ltd Company number is 08637343

Back Gardens Ltd has Public Liability insurance

Back Gardens Ltd is a licensed waste carrier

Back Gardens Ltd is a member of the Federation of Small Businesses