GARDENING/LANDSCAPING SERVICES AGREEMENT
This gardening/landscaping services agreement (hereinafter the "Agreement") has been entered into in [City where the contract is signed] on [Contract date] between the following parties:
1. PARTIES
1.1 Service Provider:
[Service provider's name]
Personal identification code / registry code: [Service provider's personal identification code / registry code]
Address: [Service provider's address]
Contact: [Service provider's contact]
(hereinafter the "Service Provider")
1.2 Client:
[Client's name]
Personal identification code / registry code: [Client's personal identification code / registry code]
Address: [Client's address]
Contact: [Client's contact]
(hereinafter the "Client")
2. PLACE OF PROVISION OF THE SERVICE
2.1 Address of the property/garden: [Address of the property/garden].
2.2 Before the works begin, the Client informs the Service Provider of the location of underground utility networks and structures known to the Client (e.g. cables, pipes, drainage, irrigation system), the boundaries of the property and the plants to be preserved. Before excavation works, the Service Provider ascertains, where necessary, the location of utility networks from their possessors.
2.3 Trees whose felling requires a permit from the local government are felled only if a permit has been obtained; the permit is applied for by the Client, unless the Parties have agreed otherwise.
3. SCOPE OF GARDENING WORKS
3.1 The Service Provider performs the following gardening works:
[Scope of gardening works]
3.2 The Service Provider performs the works with care and in accordance with good gardening practice. The Service Provider performs works not specified in clause 3.1 only by separate agreement of the Parties and for an agreed fee.
4. FREQUENCY
4.1 Frequency of the service: [Frequency of the service] ([Frequency (custom)]).
4.2 If the weather (e.g. rain, frost, drought or snow) prevents the proper performance of the works, the Service Provider may postpone the works by notifying the Client thereof and offering a new time; the deadlines are extended accordingly.
5. FEE AND PAYMENT TERMS
5.1 Price: [Price (€)] euros ([The price is]).
5.2 Payment terms: [Payment terms].
5.3 If the price has been agreed as an hourly rate, the fee is calculated on the basis of the time actually spent on the works. In the event of delay in payment, the Service Provider may claim statutory late interest (Law of Obligations Act (VÕS) § 113).
6. TOOLS AND MATERIALS
6.1 Tools and materials (e.g. seeds, fertiliser): [Tools and materials (e.g. seeds, fertiliser)].
6.2 The Service Provider uses tools and machinery in a manner that does not damage buildings, windows, vehicles or other property.
6.3 Plant protection products and fertilisers are used only in accordance with the requirements of legislation and the manufacturer's instructions; plant protection products are used by a person who has the training required by legislation for that purpose. The Service Provider informs the Client in advance of the product to be used and of the period during which the treated area must not be entered.
7. REMOVAL OF GARDEN WASTE
7.1 Handling of garden waste: [Removal of garden waste]. The Service Provider delivers the garden waste to a waste handling site designated for that purpose.
7.2 After each visit, the Service Provider leaves the work area tidy.
8. PLANTS AND RESULT OF THE WORK
8.1 The growth and survival of planted plants depend on the weather and on the care provided after planting. The Service Provider gives the Client care instructions for the plants.
8.2 A guarantee of plant survival is given only by separate written agreement of the Parties; such a guarantee does not apply if the Client has not cared for the plants in accordance with the instructions. This does not restrict the Client's statutory rights in the event of non-conformity of the work with the terms of the contract.
9. LIABILITY
9.1 Liability for damage (plants, structures): [Liability for damage (plants, structures)].
9.2 In matters not governed by clause 9.1, the Service Provider is liable for damage caused to the Client's property by the works, unless the breach of obligation is excused (VÕS § 103). The Service Provider is not liable for damage to a utility network whose location the Client did not disclose under clause 2.2 and which could not be discovered with ordinary diligence.
9.3 If liability has been limited in clause 9.1, the limitation does not apply to damage caused intentionally or through gross negligence or in the event of death or damage to health (VÕS § 106 (2); in a contract with a consumer, also § 42 (3) 1)).
10. TERMINATION OF THE AGREEMENT
10.1 Either Party may terminate the Agreement by giving the other Party advance notice of [Notice period for terminating the agreement].
10.2 Either Party may terminate the Agreement for good reason without observing the notice period, in particular if the other Party materially breaches the Agreement and does not remedy the breach within a reasonable term. Works performed by the time of termination are paid for.
11. DISPUTE RESOLUTION
11.1 Disputes arising from this Agreement are resolved as follows: [Dispute resolution]. The Consumer Disputes Committee resolves only disputes between a consumer and a trader.
11.2 The Agreement is governed by the law of [Governing law].
12. FINAL PROVISIONS
12.1 Amendments to the Agreement are made in writing or in a format which can be reproduced in writing. If the Client is a consumer, the terms of the Agreement do not restrict the consumer's statutory rights, from which it is not possible to derogate to the detriment of the consumer.
12.2 If any provision of the Agreement is or becomes invalid, this does not affect the validity of the remaining provisions.
LEGAL BASIS
Depending on the nature of the service, this agreement is governed either by the part of the Law of Obligations Act governing authorisation agreements (VÕS § 619 et seq.) or by the part governing contracts for work (VÕS § 635 et seq.). In the case of a recurring maintenance service (e.g. lawn mowing), the provisions on authorisation agreements apply primarily, and in the case of works aimed at achieving a specific result (e.g. planting), the provisions on contracts for work.