Terms & Conditions of Business of Country Grounds Maintenance Ltd (CGM) & CGM Companies
Quotations – Works detailed by CGM and accepted in writing by the client shall form the basis of the contract between CGM and the client. The cost of any additional works required by the client will be priced and agreed by both parties prior to commencement of the works.
Contracts – the Contractor (CGM) and client are entering into a contract until the agreed works are completed, or for a defined period unless otherwise stated.
Validity of Quotations – All quotes will be valid for 30 days from the date of submission, after this time CGM has the right to re-quote on the works.
Termination of Contracts – If either party wishes to terminate a contract, the notice must be given in writing.
Periods of Notice – CGM require 3 months notice for landscaping and construction works and 6 months for maintenance contracts.
Inflation – Term maintenance contracts are subject to an annual increase in line with government indices. CGM will inform clients of price uplifts prior to the next financial year.
Fixed price works – If prior agreements in writing are made by CGM to a fixed price, this will be honoured throughout the term of the contract.
Invoicing – All maintenance contracts will be invoiced by CGM at the end of each month.
Payments – All payments must be received from the client within 14 days of the dated invoice or as otherwise agreed in writing.
Normal terms are either complete payment on completion of the job: or at the Company’s discretion, two payments of 50% prior to work beginning and on completion or in part payments for identifiable areas as they are completed. CGM shall be entitled to refuse to commence and/or cease to carry out further work if any payment due from the client remains unpaid for more than fourteen days after becoming due and payable.
Changes to these terms and conditions – CGM has the right to change any of the terms and conditions at any time. Should CGM make any changes, clients will be informed.
Title– Title in all materials used within the works shall remain with CGM and shall not pass to the client until the price has been paid in full by the client.
Insurance – CGM will maintain employee and public liability insurance in respect of works agreed.
Health & Safety and the Environment – CGM will operate in compliance with health, safety and environmental legislation throughout the contract.
Nuisance and Damage – CGM will conduct its business to minimise nuisance, damage & annoyance to the client and other people who are affected by CGM’s operations.
Barrier and Signs – CGM will be responsible where required to provide barriers, signage or other measures in order to protect members of the public and the client.
Machinery Plant and Equipment – CGM will provide all plant, tools, machinery, vehicles, cartage and haulage etc fro the proper execution and completion of the works, including all fuel and maintenance for the plant and vehicles.
Site Clearance on completion of works – CGM will clear up debris, surplus materials, and leave the site tidy on completion of works.
Delays – Delays caused that are beyond the control of CGM are the responsibility of the client. In the event of such delays CGM may charge the client for the time lost and travel costs.
Weather – CGM will ensure that all contracts are delivered on time (weather dependant). Should CGM fall behind due to adverse weather conditions, we will inform clients of delays.
Variations – Should any variations be required to the contract by either CGM or the client, ten working days notice must be given in writing.
Customer Obligations – The customer shall provide water and electricity for CGM at no charge to enable CGM to carry out agreed works. The client shall provide access to the site during CGM normal working hours and a storage place for materials during the progress of the works. The client will ensure that CGM are aware of any statutory provisions, by-laws, planning or building regulation conditions specific to the site prior to commencement of works.
Site Safety – It is the client’s responsibility to ensure that the area to be maintained is safe, and to point out in writing any known hazards such as underground and overhead services, drains, pods, ditches or water courses. After commencement of work, CGM will have the right to re-price any area, should any of these services be discovered.
Site Access – CGM will ensure clear access at all times and will prevent major obstructions that could prevent access to the site.
Deliveries – CGM will inform the client should deliveries be likely to cause an obstruction and will ensure any delays are agreed with the client and minimised as far as practicable.
Injurious matter – The client is responsible for ensuring that grassed areas to be maintained are kept free of dog mess, moles and other items that may cause damage to/harm machinery, operatives or third parties.
Grass Cutting – Prior to commencement of grass cutting CGM will litter pick the area to be cut. CGM will cut the entire of any grassed area to a recognised industry standard for the intended use. CGM will not be held responsible for grass clumping due to damp weather conditions where grass arisings are to remain on site and uncollected.
Grass Collection – Where grass cuttings are to be collected, CGM will ensure care is taken to remove cuttings and leave a clean finish. CGM will not be held responsible for minor clumping and small amounts of grass remaining where weather conditions are difficult.
Strimming – When strimming CGM will ensure the grass is cut to the height of the surrounding area and will ensure that arisings are mechanically blown off all public rights of way unless otherwise required in the contract.
Grass Contamination – CGM will take reasonable care to ensure minimum contamination of the surrounding area, obstructions with grass arisings, but will not be held responsible for contamination unless specified in the contract.
Hedges – When maintaining hedges the specified price is to remove the last 6 months growth, reduction work will be quoted separately by CGM. CGM will carry out hedge trimming where possible, outside the bird nesting season March-July inclusive. If CGM finds an occupied birds nest whilst hedge trimming work will cease and the client will be informed. Work will re-commence as soon as possible after the area becomes un-occupied.
Pesticides – CGM will ensure that pesticide application is carried out when weather conditions are suitable. Spraying will be carried out by fully qualified NPTC operators, and in compliance with all statutory requirements. Weather depending, CGM will carry out spraying when programmed. The application of pesticide shall not be made during inclement or adverse weather conditions.
Landscape Designs – Any landscape designs produced and supplied to the client by CGM will remain the property of CGM until payment has been made in full.
Hard Landscaping – Any hard landscaping carried out by CGM will be to the client’s specification, using good quality materials fit for purpose as CGM shall choose.
Soft Landscaping, Maintenance and watering – When carrying out soft landscaping works, i.e. planting, turfing and seeding, CGM will ensure that the ground is prepared to good horticultural standard and ensure plants are healthy when introduced. On completion of the job it is the client’s responsibility to maintain soft landscaping by way of watering and feeding to ensure successful establishment. Should any soft landscaping deteriorate down to lack of water, pests and diseases or climatic conditions CGM will not be responsible, other than when a specific maintenance contract has been agreed prior to works commencing.
Arboriculture – CGM will check for the presence of Tree Preservation Orders or Conservation Areas and will ensure that consent for work is granted prior to commencing where required.
Tree works will be carried out in accordance to the BS3998:2010 – Recommendations for tree works, and to best Arboricultural practices. CGM will ensure that each job is carried out to the highest standard and in accordance with Health & Safety Regulations, including LOLER and PUWER. Should there be adverse weather conditions in the way of high winds, all tree works will be halted and re-scheduled.