AGB
MY GARDENER
AGB
General Terms and Conditions
The following are the general terms and conditions for the services offered by MY GARDENER.
Execution of work and deliveries in garden, terrace and landscape maintenance
- These GTC are agreed between the client (customer) and the entrepreneur.
- Please also read our privacy policy
- These GTC are agreed between the client (customer) and the entrepreneur.
- Please also read our privacy policy
1 Scope of application
The following provisions apply to all work and deliveries in garden, patio and landscape maintenance, garden maintenance and all other landscaping work and deliveries.
2 Contract for work
2.1 Conclusion
The contract for work is concluded by written or verbal agreement or by corresponding action, in particular with the start of the execution of the corresponding work.
2.2 Offer
The contractor’s offer is non-binding and remains valid for 30 days after submission, unless a different period is specified in the offer. If the offer is accepted within 30 days, agreement on the date of execution of the work offered remains reserved. The procurement period for relevant building materials and plants must be taken into account when setting deadlines.
2.3 Copyright
Project and planning documents created by the contractor must be compensated if they are used by the client without an order being placed. In this case, the full expenses for the creation of the project and planning documents shall be invoiced
2.4 Offer tolerances
The description of the offer on the cover sheet is authoritative.
- Cost estimate (accuracy: +/- 20%) is a rough list with budget prices.
- Quotation (accuracy: +/- 15%) is a detailed list of services with all material and unit costs.
- Supplementary offer (accuracy: +/- 15%) is a detailed list of services that includes additional customer requests after the contract has been signed and during execution.
2.5 Obligations of the contractual partners
Through the contract for work and services or by acting accordingly, the contractor undertakes to carry out the work and the client undertakes to pay remuneration. The contractor and client are obliged to fulfill the contract conscientiously.
2.5.1 Obligations of the contractor
- Significant damage to existing vegetation layers, plants and existing building components that is present at the start of work or occurs during execution must be reported to the client immediately.
2.5.2 Obligations of the client
- The client shall check the quality of the materials and plants supplied with regard to their intended use and record any defects. Any defects must be reported to the contractor immediately.
3 Remuneration regulations
3.1 Services
The relevant services required for the professional execution of the defined work are set out in the contract for work and services (maintenance contract).
3.2 Directed work
In the interests of the client and contractor, all work shall be carried out under direction in accordance with the daily report. Unless otherwise agreed, the following provisions shall also apply:
- The material prices are ex warehouse or delivery plant. Loading and transportation costs will be charged separately.
- The use of hand tools (incl. machines) is included in the wage rates.
- Additional expenses for work transportation not included in the rates will be charged separately. The journey from the business domicile to the workplace and back will be charged.
4 Order changes
4.1 Right of the client to make changes
In the case of standard contracts, the client may require the contractor to perform services under the contract for work in a different way, in larger or smaller quantities or not at all. Services that are not provided for in the contract may also be carried out by the client. Agreed services that the client waives may not be carried out by third parties.
Commercially available finished products that have already been ordered and are canceled by the client after the contract has been signed may be returned and the costs of transport, administration, depreciation, etc. will be charged.
4.2 Compensation regulations for order changes
The Contractor shall be compensated for work, material orders and other expenses that are rendered useless by the order change.
5 Execution of work
5.1 Deadlines
The work must be completed by the agreed deadline. If execution is delayed due to bad weather or delays in delivery (e.g. containers or plants etc.), the contractor shall bear no consequences.
5.2 Energy, water, waste water
The client shall ensure that the energy required to carry out the work is available to the contractor. He is also responsible for the supply and discharge of drinking and process water. These shall be made available to the contractor free of charge.
5.3 Samples and suggestions
Plant samples can be taken directly from the supplier on request, only in the company of the contractor. In the case of natural products, in particular wood products and plants, natural deviations from samples are possible and cannot be claimed as defects.
5.4 Partners
The Contractor is entitled to have work carried out by partner companies. If the client prescribes execution by a subcontractor, the contractor shall have no obligation to inspect and warn with regard to this instruction and the contractor shall not be liable for defects
6 Payment modalities
6.1 Invoicing
The work will be invoiced after completion of the work.
6.2 Delivery
Invoices are delivered digitally and are made available via the jointly defined delivery channel.
6.3 Terms of payment
Unless otherwise agreed, a payment period of 14 days from receipt of the invoice shall apply.
7 Liability for defects
7.1 Exclusion of liability
Excluded from liability are:
- Defects caused by natural hazards such as flooding, hail, frost, heat, drought
- defects in all materials supplied on site, even if these were installed by the contractor (e.g. plants, etc.)
- defects caused by third parties or animals
- Pest or disease infestation of plants
- Occurrence of millet, blackthorn, buttercup and root weeds in freshly sown or renovated areas
- Defects in plants due to contaminated or unsuitable soil not supplied by the contractor
- Entry through flying seeds
The plant guarantee expires upon planting unless a subsequent care or maintenance order has been placed. In this case, there is no guarantee for the growth of the plants. The Contractor shall not be liable for any plant defects caused by cultivation errors such as insufficient water supply, nutrient deficiencies and the like. As mentioned above, the emergence of weeds in the lawn is normal and does not constitute a defect.
7.2 Statute of limitations
A two-year limitation period applies to the following work, within which defects must be reported in writing immediately after discovery:
- All maintenance work on lawns, meadows, meadows and the like in accordance with NPK 184D/09, 200
- All maintenance work on plantings in accordance with NPK 184D/09, 300
- All maintenance work on bodies of water and fountains in accordance with NPK 184D/09, 700
- Lawn robots, irrigation systems and solenoid valves, lighting, pumps and filter systems, coating of water basins, provided these are covered by the manufacturer’s/supplier’s warranty
A limitation period of 5 years applies to the other gardening works. During the first two years, the client may give notice of defects at any time. This right to give notice of defects at any time during the first 2 years also applies to defects that must be rectified immediately to prevent further damage. Damage that is not reported immediately and could have been avoided by immediate rectification shall be borne by the client. After expiry of the two-year notification period, there is no longer any right to have the defects rectified.
8 Final provisions
8.1 Swiss law shall apply exclusively. The applicable place of jurisdiction is 8625 Gossau ZH. The GTC of MY SERVICE GROUP GmbH are not provided with the respective offers but can be accessed at any time.
Gossau ZH, 01.05.2024 / MY SERVICE GROUP GmbH