TERMS AND CONDITIONS 2024
Waste Removal
Small amounts of garden waste can be disposed of in your council garden waste bin.
https://exeter.gov.uk/bins-and-recycling/garden-waste/garden-waste-services/
https://www.southhams.gov.uk/article/3427/Brown-Bin-Collections-
http://eastdevon.gov.uk/recycling-and-rubbish/green-waste-service/
- Non-recyclable waste, i.e., black plastic pots can be disposed of in your general waste bin.
- Lady Horticulturist does not remove garden waste.
- Lady Horticulturist can arrange quotes for skips if requested. Please note that a permit to park a skip on the road takes 10 working days to organise. If you are considering parking a skip on your property, a permit is not required, however prior to organising, you should consider whether your property has appropriate lorry access and whether your driveway will be able to support the weight of a lorry, skip and materials. Lady Horticulturist does not accept any responsibility for damage caused by the lorry or skip.
- Skips can be arranged but there will be an added clerical charge for arranging this additional service.
- Disposal of invasive/poisonous plants (e.g., Hogweed, Ragwort, Himalayan Balsam, Bamboo) must be carried out correctly in accordance with Environment Agency law, there will be an additional charge for this service.
Machinery
- Use of machinery will be charged at a higher hourly rate of £45 to cover costs.
- Lady Horticulturist has a chainsaw licence for cross cutting and can remove small limbs from small trees only.
- Use of the Shredder will be charged at a higher hourly rate of £45 than non-machinery work. Material from the shredder can be used by the client as mulch and will not be removed from the site. You will be notified if the mulch is disease free.
Chemicals
- Lady Horticulturist holds a chemical spraying licence but tries to avoid the use of chemicals which will be only used as a last resort. Spraying will be charged at £30 per hour plus the cost of chemicals.
- Any chemicals required will be charged for as an extra and a record will be kept about which chemicals have been used.
- Lady Horticulturist will advise clients about pets if chemicals are used.
Plants
- Clients must inform Lady Horticulturist of any existing plants they do not wish to be removed before work commences.
- Trees/plants will only be planted if the site is deemed suitable by Lady Horticulturist, considering, root growth, spread and soil type.
- If client wants to put a plant in a particular location and is advised by Lady Horticulturist it is not a suitable area, Lady Horticulturist is not responsible for any loss or damage.
- Collection of plants and materials will be charged at the hourly rate + mileage.
- Plants are sourced from licensed South West nurseries, and plants are certified to meet the criteria of environmental conditions and pest controls.
- A 50% deposit is required before the purchase of any plants/materials.
- Named varieties may be substituted, if necessary, when stock is not available.
- Lady Horticulturist takes pride and every effort to make sure that all plants are supplied free from pests and diseases.
- If the client purchases their own plants which are planted by Lady Horticulturist, we are not liable for any losses.
- Lady Horticulturist does not accept responsibility for plants that have not been cared for as instructed by Lady Horticulturist.
- Once plants have been planted in situ, Lady Horticulturist does not accept responsibility for adverse weather conditions or any other circumstances, nor be liable for any consequences, loss or damage however caused once she has left the site.
- If a client purchases a plant that is deemed “invasive” Lady Horticulturist is not liable for any damage this plant may cause.
Utilities
- Clients must inform Lady Horticulturist of any known drainage, pipes, septic tanks, electricity cables etc. before any work commences.
- Electrical power points must be made safe, and Lady Horticulturist made aware of these points. Clients will be liable for any health and safety issues.
- Clients should inform Lady Horticulturist of available water sources, i.e., water butts or mains, if more than one water supply is available, clients should specify which they would prefer Lady Horticulturist to use.
- Clients should be aware that large planting schemes and new planting will require a great deal of regular watering, particularly in periods of dry weather. If there is a hosepipe ban clients will be advised to reconsider when they plant.
- A watering system may be advised/recommended to continue the health of the plants and therefore an additional charge will be made for sourcing and having a third party involved to install such a system.
- Additional water features/ponds can be overseen by Lady Horticulturist, but we do not accept responsibility or liability for any incidents or accidents inadvertently caused. If any materials need to be supplied for ponds or water features i.e., plants this will incur additional costs and a deposit.
- the client shall provide access to the site at all times, water and electricity at no charge to Lady Horticulturist during work in progress. Use of welfare facilities is to be agreed before work commences.
Drawings
- If you require CAD drawings as part of the service, you have agreed with Lady Horticulturist additional charges will be made and these will be notified to you and agreed before the drawings commence.
- Either party can apply to vary or amend the scope of services or proposal, but this will require the prior agreement of the other party. This may take the form of additional proposal and redrafting of the original proposal but, in any case, shall be agreed in writing and will be subject to terms and conditions. It may involve the additional fees of 25% because of extra time taken to redraw additional drawings.
- Lady Horticulturist takes full responsibility for these designs, and they are copyright licensed and should not be produced by a third party as they will be eligible for a fine unless it has been negotiated with Lady Horticulturalist. All drawings will be produced by Lady Horticulturalist no other third party will be involved.
- Lady Horticulturist is happy to oversee any works by any third-party contractor but is not liable for any aspect of their workmanship. Lady Horticulturist will only act in an advisory capacity on the client’s behalf.
- Once completed a full maintenance plan will be provided at an additional cost if required by the client.
- Garden features/contemporary art features are subject to negotiation with the client and Lady Horticulturist does not accept responsibility or liability for the chosen item if it is not satisfactory or damaged.
- Timings may also be affected by adverse conditions beyond our reasonable control.
Site Conditions
- Any conditions of the site such as pollution, the presence of broken glass or other dangerous materials from plants, nesting bees, rats, mice, and vermin will remain the responsibility of the client. We are not responsible for anything we become aware of or are introduced by third parties, nor can we be responsible for those other experts in the area which may affect the execution of the design related works or any works taking place on the site. This will include trees which may be subject to registration beyond our control i.e., tree preservation orders or conservation areas. The client will inform us of whether this legislation applies and where agreed we endeavour to secure favourable outcomes for the project in relation to any tree surgery, felling or required planning conditions. The client should be aware that we cannot control the decision of the local tree officer or planning department. If any such matters listed above or unforeseen conditions arise on sites, there may be additional fees or a variation to the proposal.
Insurance
Lady Horticulturist holds Public Liability Insurance, proof of which is available on request.
Personal Data
Lady Horticulturist is committed to respecting your privacy and complying with applicable data protection and privacy laws. The full policy is available on request or at
Complaints
Any complaints will be responded to within 5 working days. If the complaint is not resolved within one month, the customer will be given a written explanation detailing why the complaint has not been resolved and what steps are being taken. Where it has not been possible to resolve a complaint, we will provide you with the contact details of your local Trading Standards office.
Consultations and Planning
Consultations made during maintenance time will be charged at Lady Horticulturist discretion.
- Consultations are available separately. Contact Lady Horticulturist for a quote.
- Consultations and planning can take up to 3 months to receive a detailed plan depending on when in the year a consultation is completed.
- Any historical research will be charged separately.
Charges/Payment
Maintenance appointments are booked in 4-hour sessions. 4 hours will be charged even if there turns out to be less than 4 hours work. This applies unless otherwise agreed with Lady Horticulturist.
- Quotes are valid for 28 days.
- Prices are subject to change; any price increases will be given to you in writing in advance of any work being carried out.
- An additional fee will be charged for any historical research which may include visits to record offices, RHS, Kew and local government parish councils.
- Payment can be made by cash or BACS within 3 days or instantly on site.
- Late payment will incur a surcharge of 10%.
- A payment of 50% (non-refundable) will need to be paid at the start of the project for the project to commence.
- A payment must be made in full on completion of each area within 3 working days or the client may incur a 10% charge on further work.
- Any changes of circumstances or complications for the client must be notified in writing. Or The Lady Horticulturist has the right to charge for loss of time and bookings.
- In circumstances of non-plant availability and plant availability, material substitutes may be used at the discretion of Lady Horticulturist. All substitutes will be similar in colour, form and maintenance required to achieve the overall ascetics as laid out in the specification. Lady Horticulturalist will liaise with the client on any changes. Where substitutes have been applied then the client shall be liable to cover the cost of any difference. In reduced cost substitutes these will be reflected in the final invoice.
- We will do our best to plant as laid out by the design and specification however if planting is attempted and deemed not possible due to, but not limited to, underground issues, obscure instructions, inappropriate planting conditions or any other issues. These will be discussed with the client.
- Any deposits on plans or materials/stock are non-refundable and should be 50% paid upfront.
Cancellation
Under The Consumer Contracts regulations of 2013, you have the right to cancel this contract if you wish to do so within fourteen working days without giving any reason. This Notice explains how to exercise this right. It also gives you other information that is required by the Regulations. This does not apply to work under £42 or to emergency work carried out immediately under £170.00.
- Should you wish Lady Horticulturist to start work within the 14-day cancellation period you will need to sign your agreement to this.
- On-premises sales (when you are written to with a quote and later accept) – cancellation rights do not apply.
Parking
Where parking is not available on site or on the street and a carpark has to be used, the client will be responsible for the parking fees which will be added to their invoice.
- Where parking is on street and a permit is required, please make sure that Lady Horticulturist is given one on arrival.
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