Standard Terms & Conditions

  1. GENERAL
    1.1. Subject to clause 1.3 below, all quotations issued, accepted and written contracts entered into by the Green Group (“Contracts”) are subject to these Standard Terms and
    Conditions, unless specifically varied in writing between the Parties.
    1.2. Subject to clause 1.3 below, any conditions stipulated on a Contract shall not annul, modify or vary any of these Standard Terms and Conditions or be additional thereto unless
    expressly agreed to in writing between the Parties when acknowledging such Contract.
    1.3. In case of conflict between the text and/or terms of a Contract and the text and/or terms of these Terms and Conditions, the text and/or terms of the applicable Contract shall
    prevail.
  2. DEFINITIONS
    2.1. In these Standard Terms and Conditions, the words defined shall have the meanings assigned to them hereunder:
    2.1.1. “Agreement” means collectively, the Contracts and these Standard Terms and Conditions;
    2.1.2. “Services” means all services sold by the Green Group;
    2.1.3. “Parties” means the Green Group and the Client collectively and “Party” shall mean either one of them as the context may require;
    2.1.4. “Client” means the person, partnership, firm, association, trust, organization, close corporation or company requesting the services from the Green Group as stipulated in/on the
    Contract; and
    2.1.5. “Green Group” means Greenleaves Gardening And Maintenance Services Proprietary Limited (Pty) Ltd, its subsidiaries and associated companies.
    2.2. The definitions used in the Order shall, where used in these Standard Terms and Conditions in their capitalised form, bear a similar or corresponding meaning.
  3. QUOTATIONS
    3.1. An issued quotation is not an offer and may be withdrawn or modified any time by the Green Group prior to the provision of Services to the Client.
    3.2. Subject to clause 3.3 below, quotations only remain valid for a period of thirty (30) days of the date on the quotation unless an expiry date is specifically noted thereon in
    which event such expiry date takes precedence.
    3.3. Should the Client wish to accept the quotation after the period described in clause 3.2 above, the Green Group reserves its rights to:
    3.3.1. reject the acceptance, in which case the quotation will remain invalid unenforceable;
    3.3.2. re-tender the quotation on the same terms and conditions as the expired quotation;
    3.3.3. tender a new quotation on terms and conditions different to those contained in the expired quotation; or
    3.3.4. provide the Client with written confirmation of the Green Group’s late acceptance of the expired quotation, in which case the quotation will be valid from the date of such
    confirmation.
    3.4. All quotations are subject to the Green Group’s written confirmation upon receipt of the Green Group’s written acceptance of same and the Green Group reserves its right to
    refuse confirmation of any such acceptance.
    3.5. Every quotation will only become binding on, and a valid contract entered into between, the Parties, if and when the Green Group provides its written confirmation referred to
    in clause 3.4 above.
    3.6. The fee(s) for Service(s) specified in a quotation is/are only valid for those specific Service(s). Should the client require the Green Group to add on additional Service(s) and/or
    attend to additional Service(s) not specified in such quotation, upon request, the Green Group will issue the Client with a separate quotation for acceptance in accordance with
    this clause 3.
  4. COMMENCEMENT AND DURATION
    4.1. The Agreement shall come into effect when the Green Group provides its written confirmation referred to in clause 3.4 above, and shall, subject to the provisions of this
    Agreement, endure indefinitely unless terminated by either party on 30 (thirty) calendar days’ written notice to this effect by the other party.
    4.2. In the event that the Client cancels the contract with less than 30 (thirty) calendar days’ notice, the Client will be liable to pay the Green Group a reasonable cancellation fee
    equal to 1 (one) month’s Service fee.
  5. WARRANTIES AND GUARANTEES
    5.1. The Green Group shall not be liable for any warranty, guarantee, condition, representation or agreement not expressly contained in these Standard Terms and Conditions or in
    an Order.
    5.2. Performance data mentioned in the quotation is only indicative and only those figures which are specifically stated in writing as guaranteed are warranted.
    5.3. The Green Group will not in any way be responsible for any consequential loss suffered by the Client and/or any other person in relation to the Services that may result from
    failure, fault or lateness in delivery or performance or from any workmanship or material or from negligence, industrial dispute, accident, breakdown of equipment or any
    other cause whatsoever.
  6. COMPLAINTS
    6.1. The Client shall notify the Green Group in writing of any observations or complaints in respect of the Service(s).
    6.2. The Parties shall deal promptly and properly with such complaints in accordance with the remainder of this clause.
    6.3. Should a Client allege that any Service(s) delivered in terms of this Agreement is/are substandard in any manner whatsoever, then The Client is required to:
    6.3.1. notify the Green Group thereof within 24 (twenty four) hours of delivery of the Service(s); and
    6.3.2. provide evidence of such substandard Service(s) to the Green Group by supplying certification thereof, photographic and/or physical evidence thereof.
    6.4. Notwithstanding the above, if the Client fails to notify the Green Group of any substandard Service(s) within 24 (twenty four) hours after delivery of the said Service(s), then
    it will be taken that the Service(s) is/are defect free and accepted “as is” by the Client. In this case, the Green Group may refuse to remedy, credit or refund for any substandard
    Service(s).
    6.5. The Green Group will be responsible for any substandard Service(s) if:
    6.5.1. it notifies the Client in writing that it accepts responsibility; or
    6.5.2. an independent expert determines that the Green Group is responsible for the substandard Service(s).
    6.6. The Parties agree to resolve any disputes about the quality of the Service(s), as follows:
    6.6.1. the Green Group will promptly appoint a reputable independent expert;
    6.6.2. the independent expert must examine the evidence/alleged substandard Service(s);
    6.6.3. the independent expert must determine if the Service(s) is/are substandard and whether the Green Group is responsible for same;
    6.6.4. the Parties will be bound by the determination of the independent expert; and
    6.6.5. the costs of the independent expert and the costs of the remedy of the substandard Service(s) will be borne by the Green Group in the event that it is determined
    responsible for same, alternatively by the Client.
    6.7. With respect to any transaction to which the provisions the Consumer Protection Act No. 68 of 2008 are applicable, any provisions of this Agreement which contravene the
    aforesaid Act are excluded, strictly to the extent of the contravention.
  7. PRICING
    The fee/price EXCLUDES the removal of dog faeces The Client is requested to remove same prior to the lawn being cut. An extra amount of R90.00 per day will be charged to the
    Client should dog faeces not be removed on the date scheduled for a Service. In the event that excessive delays in delivery are encountered by reason of the Client’s delay(s), then any
    fluctuation between the date of quotation and the time or times of delivery (if any), shall be for the Client’s account.
  8. TERMS OF PAYMENT
    8.1. All invoices are to be paid within 7 (seven) calendar days of the date thereof.
    8.2. Payment of any invoice or any part thereof by the Client to the Green Group may not be withheld pending the settlement of any claims or disputes between the Parties.
    8.3. No extension of time or other relaxation or indulgence which the Green Group may grant to the Client shall in any way prejudice any of the Green Group’s rights hereunder
    and more particularly, and without derogating from the generality of the aforegoing, no act of the Green Group in accepting an instalment after the due date or accepting a
    lesser sum than the amount due, shall operate as or be deemed to be a waiver by the Green Group of any of its rights hereunder or a novation of any of the terms or conditions
    of the transaction.
    8.4. The payment of all invoices shall be paid by the Client in cash (subject to clause 8.5 below), alternatively into the Green Group’s nominated bank account in South African
    currency, and shall be made without the cost of transfer of funds and free of exchange or other deduction and without the right of deferment or avoidance by virtue of any
    counterclaim or set-off.
    8.5. Any charges received for cash deposits will be added to the Client’s account.
    8.6. No cheques will be accepted.
    8.7. Any amount not paid on the due date for payment shall bear interest as from the due date until it is paid, at a rate of 5% of the Client’s monthly Services fee, compounded on
    the last day of each calendar month.
  9. SURETYSHIP AND WARRANTY OF AUTHORITY (applicable where the Green Group is not a juristic person)
    9.1. The signatory, by his/her signature hereto, binds himself/herself in favour of the Green Group, its successors-in-title and assigns as surety for and co-principle debtor in
    solidum with the Client for the due and punctual performance by the Client of all its obligations to the Green Group in terms of this Agreement.
    9.2. The signatory hereby renounces the benefits of the legal exceptions “non causa bediti”. “errore calculi” “excussion”, “division”, “no value received” and “revision of
    accounts”, with the meaning and effect of nil of which he/she declares himself/herself to be fully acquainted.
  10. DELIVERY
    The Green Group will endeavour to deliver, within any time specified but no consequential liability shall arise for failure by the Green Group to deliver within such time nor shall the
    Client have any right to cancel or rescind the Agreement after the event, because of late delivery. This is not of the essence. In no event shall the Green Group be responsible or liable
    for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, any forces beyond its control, including, without limitation,
    strikes, work stoppages, breakdown of machinery, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, pandemics or acts of God or acts
    of authorities including but not limited to regulations and orders of government, and interruptions, loss or malfunctions of utilities, communications or computer (software and
    hardware) services; it being understood that the Green Group shall use reasonable efforts which are consistent with accepted practices in its industry to resume performance as soon as
    practicable under the circumstances.
  11. RISK
    11.1. Services are rendered at the Client’s own risk.
    11.2. Clients are to ensure that all vehicles and other items are removed from the lawn, paving and other Service areas prior to the Service being rendered. Clients must further
    ensure that there are no pebbles or lose stones present on the property being Serviced that may cause damage to any surrounding objects/areas.
    11.3. The Green Group will not be liable for any damages that occurs due to the above mentioned clause 11.2, which will be the sole responsibility of the Client.
  12. MISCELLANEOUS
    12.1. Services are rendered strictly with the following schedule: weekly, twice a week, bi-weekly (every two weeks/14 calendar days) and/or monthly (every 4 weeks/28 calendar
    days).
    12.2. Should the weather not permit the Service(s) to be rendered on the Service(s) date, the Client will be notified via telecom notification when the next Service/cut will occur.
    The Green Group will endeavour to work on Public Holidays, Saturdays and Sundays should it be necessary, in order to complete all Services to the Client.
    12.3. Should the property at which the Service(s) is/are to be rendered is/are inaccessible on a Service date, a call-out fee will be charged equal to 50% of the Service fee.
    12.4. Should the Client provide the Green Group with less than 24 hours written notice that the Green Group is not to render a Service on a scheduled Service date, a fair additional
    fee (at the sole discretion of the Green Group) will be added to the next Service fee/cut, example, the extra cost incurred due to longer grass.
    12.5. The Green Group will be closed on Easter Weekend and for a period over the December holidays. The dates for the aforesaid shut down periods will be communicated to the
    Client via email, SMS or WhatsApp. Notwithstanding the aforesaid, it is the responsibility of the Client to enquire regarding shut down periods in the event that no such
    communication is received. Subject to the above-mentioned shut down periods, the Green Group will endeavour to work on Public Holidays, Saturdays and Sundays.
  13. DOMICILIUM
    13.1. Each Party chooses the address set out in the quotation as their domicilium citandi et executandi at which all notices, legal processes and other communications must be
    delivered for the purposes of this Agreement
    13.2. Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing. It is hereby recorded and agreed that
    for the purposes of this Agreement –
    13.2.1. “in writing” shall also include e-mail; and
    13.2.2. “written notice” shall include notice given by means of email.
    13.3. Each Party may by written notice to the other Party(ies) change their chosen address to another physical address and/or chosen e-mail address to another e-mail address,
    provided that the change shall become effective on the 10th (tenth) business day after the receipt of the written notice by the addressee unless otherwise agreed to in writing by
    the Parties.
    13.4. Any notice to a Party contained in a correctly addressed envelope and:
    13.4.1. sent by prepaid registered post to such Party at such Party’s chosen physical address; or
    13.4.2. delivered by hand to a responsible person during ordinary business hours at such Party’s chosen physical address,
    shall be deemed to have been received, in the case of clause 13.4.1, on the 5th (fifth) business day after posting (unless the contrary is proved) and, in the case of clause 13.4.2,
    on the day of delivery.
    13.5. Any notice by e-mail to a Party at such Party’s chosen e-mail address shall be deemed, unless the contrary is proved, to have been received on the 1st (first) business day after it
    is transmitted.
    13.6. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a Party shall be an adequate written notice or communication
    to such Party notwithstanding that it was not sent to or delivered at such Party’s chosen domicilium citandi et executandi.
  14. BREACH
    14.1. Should any Party (the “Defaulting Party”) commit a breach of any of the provisions of this Agreement, then the other Party (the “Aggrieved Party”) shall be obliged to give
    the Defaulting Party 14 (fourteen) calendar days’ written notice to remedy the breach.
    14.2. If the Defaulting Party fails to comply with such notice, the Aggrieved Party shall be entitled to cancel this Agreement against the Defaulting Party or to claim immediate
    payment and/or specific performance by the Defaulting Party of all the Defaulting Party’s obligations, whether or not the due date for payment and/or performance shall have
    arrived, in either event without prejudice to the Aggrieved Party’s rights to claim damages in terms of this Agreement or in law.
  15. CLERICAL ERRORS
    All contract errors deemed by the Green Group to be clerical or typographical errors or omissions shall be subject to correction by the Green Group at any time, provided that the
    Client is entitled to written notification thereof.
  16. GENERAL
    No Party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this Agreement.
    16.1. No failure by any Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way that Party’s right to require performance of
    any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
    16.2. No agreement to vary, add to or cancel this Agreement shall be of any force or effect unless reduced to writing and signed by or on behalf of all the Parties.
    16.3. It is agreed that each clause of this Agreement is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent
    court, then the remaining clauses shall continue to be of full force and effect.
    16.4. Each Party warrants that it is acting as a principal and not as an agent for an undisclosed principal.
    16.5. The Parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa in connection with any action which either Party to this Agreement may
    institute in connection with this Agreement and that this Agreement shall be governed in accordance with the laws of South Africa.
    16.6. The Client shall pay all legal costs incurred by the Green Group on an attorney own client scale in taking any legal action against the Client for the enforcement of any of its
    rights.
    16.7. This Agreement shall be binding on and enforceable by and against the estates, heirs, executors, administrators, trustees, assigns, liquidators, curators, business rescue
    practitioners or other legal representatives, as the case may be, of the Parties.
    16.8. No agent or employee of the Green Group, other than a director of the Green Group or a duly authorized representative of the Green Group, has the authority to alter or vary
    this Agreement. No extension of time or waiver or relaxation granted by the Green Group shall operate as an estoppel against the Green Group in respect of its rights nor shall
    it operate so as to preclude the Green Group thereafter from exercising its rights strictly in accordance with the terms of its quotation and these conditions.