Gaias Organic Gardens Terms and Conditions
Scope
1.1 Gaia’s Organic Gardens shall carry out and complete works described in the quote document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties.
1.2 The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.
Quotes
2.1 Quotes are valid for 30 days.
2.2 Once a quote has been confirmed by Gaia’s Organic Gardens, the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as Gaia’s Organic Gardens and the customer both agree with the final price.
2.3 Quotes and estimates shall be deemed to correctly interpret the original product or service requirements and are based on the cost at the time the quote or estimate is given. If the client later requires any changes to the quotes, and both parties agree to the changes, these changes will be charged at Gaia’s Organic Gardens prevailing rate.
2.4 Acceptance of the quote involves acceptance of these terms and conditions. It should be noted by the client that any request to cancel by the client will involve the client being liable to any loss of expenses incurred as a result.
2.5 All, or any special conditions, of which Gaia’s Organic Gardens has been informed are noted in the quotation. It is very important and the responsibility of the client to ensure Gaia’s Organic Gardens is made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.
Payment
3.1 The client will be responsible for all payments to Gaia’s Organic Gardens unless otherwise notified in writing prior to commencement.
3.2 Unless approved Gaia’s Organic Gardens in writing, final payment for products or services is to be made in full, payable prior to products delivered, installed and services rendered.
3.3 If approved by Gaia’s Organic Gardens in writing, final payment for products or services is to be made following completion and payable within 7 days of invoice.
3.4 The Customer agrees that all monies paid to Gaia’s Organic Gardens are non-refundable.
3.5 The Customer shall pay Gaia’s Organic Gardens for all costs actually incurred by Gaia’s Organic Gardens in the recovery of any monies owed by the Customer to Gaia’s Organic Gardens under this Agreement including recovery agent costs, processing costs and solicitor costs on a solicitor/client basis.
The Site
4.1 The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground Gaia’s Organic Gardens shall be entitled to charge for additional work as completed by Gaia’s Organic Gardens or by a contractor.
4.2 Gaia’s Organic Gardens shall be free from any liabilities (including structural or accidental).
4.3 The client shall provide water and electricity at no charge to Gaia’s Organic Gardens.
4.4 . The client shall provide access to site during Gaia’s Organic Gardens normal working hours and storage space for materials during the contract progress.
4.5. Gaia’s Organic Gardens is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.
Delays or Disruptions
5.1 Gaia’s Organic Gardens undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall Gaia’s Organic Gardens incur any liability to the client for any untimely performance.
5.2 Severe weather conditions may cause the delay of the start date of the contract.
5.3 Delays caused by other companies, contractors or suppliers may cause work to be rescheduled or delayed.
5.4 It is the responsibility of the customer to inform Gaia’s Organic Gardens if work to be carried out on a specific day is to be cancelled. Gaia’s Organic Gardens reserves the right to charge the customer where we are unable to start work at an appointed time.
Materials On Site
6.1 Materials delivered to the site become the responsibility of the client. Gaia’s Organic Gardens accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.
6.2 All materials on the site remain the property of Gaia’s Organic Gardens until payment is received in full.
6.3 Any material brought to the site remains the possession of and removable by Gaia’s Organic Gardens who shall have the right to enter the site for that purpose.
Warranties
7.1 There are no warranties, expressed or implied, including any warranty of merchantability, or fitness for a particular purpose.
7.2 Gaia’s Organic Gardens gives no warranty, express or implied, and makes no representation that Gaia’s Organic Gardens products will operate problem free or without interruption or that any problems will be corrected; or that that any published material including but not limited to; the Gaia’s Organic Gardens website, operation and instruction manuals, help and care guides, is either complete or accurate.
Liability & Indemnity
8.1 In no circumstances will Gaia’s Organic Gardens be liable to the Customer or any third party for any consequential, incidental, special or indirect damages, or other damages or losses of any nature arising out of the use of, or inability to use Gaia’s Organic Gardens products or services whether asserted in contract, tort or otherwise.
8.2 The Customer agrees to indemnify and hold harmless Gaia’s Organic Gardens and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement.
8.3 The Customer will not, under any circumstances, seek to hold Gaia’s Organic Gardens responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services.
8.4 Gaia’s Organic Gardens accepts no liability for any negligent act, omission, or any default under this contract unless specifically agreed in writing.
General
9.1 Gaia’s Organic Gardens guarantees plants and trees supplied will be inherently healthy when delivered. Responsibility cannot be accepted for loss after practical completion of the contract since subsequent site conditions are beyond Gaia’s Organic Gardens control.
9.2 Gaia’s Organic Gardens accepts no liability for the health of existing plants to be moved during the contract.
9.4 Gaia’s Organic Gardens is not able to accept responsibility for the well-being, following practical completion unless a maintenance contract is in existence.
9.5 Under no circumstances can garden set ups or plant material be returned.
9.6 If necessary, Gaia’s Organic Gardens reserves the right to substitute any plant with another of equal value and characteristics.
9.7 Gaia’s Organic Gardens is not able to accept responsibility for any damage to products through the elements, including drought, winds, rain and frost. Upon practical substantial completion the responsibility for the care of all Gaia’s Organic Garden products, are handed over to the client and will require regular attention.
9.8 Maintenance is not included in the contract unless specified. Gaia’s Organic Gardens reserves the right to change these terms and conditions at any time.
9.9 All information regarding Gaia’s Organic Gardens products and services is believed to be correct and is the result of private enquiries and experiences and is given in good faith. Gaia’s Organic Gardens disclaim all responsibility for any harm, loss, cost or damage resulting from the use of, or reliance upon, the whole or part of any Gaia’s Organic Gardens product of service or information offered.
9.10 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this agreement.
9.11 Prior to entering into this agreement, the Customer represents and warrants to Gaia’s Organic Gardens that the Customer has read, understood and agrees to be bound in full by the Gaia’s Organic Gardens Terms and Conditions.
9.12 The Customer has not relied on any representation by Gaia’s Organic Gardens other than those expressly stated in this agreement.
9.13 Hours of operation are between Monday to Sunday (8.00am – 5.00pm)
9.14 Gaia’s Organic Gardens is insured against personal injury and damage.