herbicides (weed killer)
Terms and Conditions for Herbicide Application by DK PROPERTY SERVICES
Effective Date: september 2024
By engaging dk Property Services ("the Applicator") for the application of herbicides, you ("the Client") agree to the following legally binding terms and conditions. If you do not agree with these terms, you must not engage the Applicator for any herbicide application.
1. Acknowledgement of Risks
1.1. The Client acknowledges that herbicides used by the Applicator contain active chemical ingredients designed to control or eliminate unwanted vegetation, weeds, and other plant life.
1.2. The Client understands that herbicides may have unintended and harmful effects on life, including but not limited to:
Non-target plant species
Animals, including pets and wildlife such as birds, insects, and aquatic life
Human health if improperly handled or if exposed to the chemicals
1.3. The Client further acknowledges that herbicide use can result in environmental damage, including:
Contamination of soil and water sources
Negative impacts on surrounding ecosystems
Possible long-term harm to flora and fauna in the treated areas
2. Client's Responsibility
2.1. The Client agrees to provide full and accurate information to the Applicator regarding the areas to be treated and any potential environmental or health risks specific to the location, such as nearby watercourses, endangered species, or sensitive plants.
2.2. The Client acknowledges that the Applicator will apply herbicides in accordance with:
The product manufacturer’s guidelines
Relevant UK laws and regulations, including the Control of Pesticides Regulations 1986 (COPR) and instructions from the Health and Safety Executive (HSE).
2.3. The Client agrees to take necessary precautions after the herbicide application to prevent exposure or harm, such as keeping pets and people away from the treated area until it is safe, as per the Applicator’s advice.
3. Assumption of Risk
3.1. The Client acknowledges and accepts the inherent risks associated with the use of herbicides, including:
Unintended damage to plants, wildlife, and water sources
Health risks if exposed to the chemicals
3.2. The Client agrees that despite all reasonable precautions taken by the Applicator, unintended consequences such as damage to non-target species, contamination, or environmental harm may occur.
4. Limitation of Liability
4.1. No Warranty: The Applicator does not provide any warranty, express or implied, regarding the effectiveness or safety of the herbicide for any specific purpose beyond what is prescribed by the manufacturer and law.
4.2. Indemnification and Waiver of Liability:
The Client agrees not to hold the Applicator liable for any unintended damage, harm, or injury caused by the use of herbicides, whether to plants, animals, people, or the environment.
The Client agrees not to pursue any legal action or claim damages against the Applicator for losses or harm that may arise from herbicide application, including but not limited to damage to property, health impacts, or environmental harm.
The Client acknowledges that they understand the risks involved in herbicide application and assume full responsibility for any consequences.
5. Termination and Governing Law
5.1. Either party may terminate this agreement prior to the application of the herbicide, without any penalty, provided reasonable notice is given.
5.2. This agreement shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
garden waste removal
under no circumstances can we take and dispose of the following wastes
soil
rubble
stones
concrete
animal waste
if we get to the property and we find these types of waste in the sacks we will refuse to take it and any contaminated waste if there is any contaminated waste you have not declared you could be fined up to £5000 and will not be liable to any refunds for bags refused to be taken
we only take the following waste types
green garden waste 1.e hedge clippings
cuts off trees
if you have any questions dont hesitate to contact us
pre-paid materials
once you have sent the payment over to us for materials it is NON REFUNDABLE this is due to us buying from compays who dont offer refunds unless the quality is poor which means if you pull out after us ordering materials you will not be refunded but we can drop the materials off you your address but no money will be involved by sending over material money you automatically agree to these terms and conditions
waste collection bags
The bag(s) supplied to you remains the property of Abbey Grab Bag at all times. By ordering and accepting delivery of our bag(s) you agree that you will arrange collection of the filled bag(s) and any unused bags by Abbey Grab Bag only. No other company or third party is authorised to collect our bags.
Abbey Grab Bag can be contacted on 023 80811 757. Our lorries are sign written ‘Abbey Grab Bag’. We do not operate vehicles under any different company name or run any vehicles which are not sign written.
If any bags delivered to you are taken away by a third party, lost or destroyed, you will incur a charge to cover the cost of the bag. A Maxi bag will be charged at £15.00 and a Wastebuster will be charged at £20.00
We keep records of the movement of all our bags and delivery information is stored on a database for this purpose. Although we do not impose a time limit on the amount of time you may keep our bag(s) for the purposes of this agreement and for clarity, we reserve the right to contact you at any time to make enquiries of our bag(s) in your possession. If a substantial amount of time has passed and we have reason to believe the bag may no longer be in your possession, we reserve the right to charge you for our bag. We also reserve the right to charge administration and debt collection charges as appropriate should you fail to pay for our service.
Should we need to increase our prices due to factors outside of our control, such as waste disposal and fuel costs the customer agrees to pay the current price as advertised.
If you have any queries, please do not hesitate to contact us. We are here to help and our friendly office staff will be able to assist you.
If you do not wish to accept the above terms, please let us know and we will collect the unused bag(s) from you, at no charge, as long as they are in the condition in which they were delivered to you.
Other points to note:
If the bag is filled with any uncontrolled or hazardous waste we reserve the right to return such waste to the customer and to make extra charges accordingly. Waste comes within the definition of Controlled Waste within the meaning of The Environmental Protection Act 1990 and 1995 and as amended by subsequent legislation and is material of a kind which we are willing to and permitted by law to receive or dispose of.
We reserve the right to return/make additional charge for any waste not normally accepted, e.g. tyres/fridges/freezers/air conditioning units/televisions/computer monitors & mattresses. We also reserve the right to charge for wasted trips when we have been booked in to collect a bag but we are unable to lift the bag due to factors outside of our control.
By booking a bag for collection the customer confirms that they have legal access rights to the property and as such grant us permission to access the property to remove bag(s).
Bags must be placed on private property within 3 metres of the public highway, please avoid locations where overhead obstructions e.g. trees and cables will prevent access by our Hiab crane. Bags should be loaded in a manner and style which shall not endanger our staff and/or the public. We reserve the right to refuse to lift a bag or to make any load safe, which may involve removing items, as we deem appropriate.
If we have been booked to collect a customer’s 'own' bag, the customer confirms that they are the owner of the bag. They also accept responsibility for any damage caused in connection with the removal of the bag.
If we are required to leave the public highway to retrieve a bag, the customer is liable for any damage caused to any property or vehicles. If a bag or bags are placed in such a position that we cannot safely reach or lift the bag(s) we may have to employ various methods such as pulling, winching, dragging or towing to place the bag in a suitable area for lifting. We will not accept any liability or claims for any damage, including scratching or marking of any surface.
Our drivers are experienced and well trained, however we recognise that accidents can happen and we have suitable insurance cover in place. However we will not accept liability for broken manhole covers, damage to underground drainage, utility services, damage to property (i.e. driveways, lawns trees, fauna and turf. etc.) that is not constructed to highway specification and damage to concealed (or otherwise) overhead cables.
We advise customers to think about the siting of the bag in relation to obstacles such as garden walls, fences, soft ground and most importantly local authority property. Our drivers may ask you to sign a disclaimer if they have any concern over the siting conditions.
It is important for you as a customer to be aware that if you choose to place the filled bag(s) on the highway, you must speak to Hampshire Highways Authority for advice on any licensing which may be required by them. Abbey Grab Bag is not responsible for the location and placement of the bags once they have been filled.
Should you need to contact the Highways Authority log on to www.hants.gov.uk. Alternatively you can ring Hampshire County Council on 0845 603 5638.
Specific Guidance for Monster Bags
In addition to these Terms and Conditions we would ask you to note the specific guidance relating to our Monster bags.
Monster bags must be placed as close to the property/road boundary as possible to enable lifting with our Hiab. Please only fill to the top of the bag as indicated on the bag. No soil, concrete or rubble of any kind to be placed in the Monster bag.
We reserve the right to amend our Terms and Conditions as appropriate.
We thank you for taking the time to read this information.
The Team at ABBEY GRAB BAG
1. Raised Flower Bed Construction
Effective Date: September 2024
Acknowledgement of Risks:
The Client acknowledges that raised flower bed construction may involve excavation, soil movement, and installation of materials (wood, metal, etc.), which may cause damage to underground utilities or nearby structures.
There is a risk of soil displacement or erosion after construction if proper drainage is not in place.
Limitation of Liability:
The Company is not liable for damages to underground utilities unless informed in advance by the Client about their locations.
The Company is not responsible for damage to surrounding plants or areas due to normal construction processes.
2. Pebbled Driveways
Effective Date: September 2024
Acknowledgement of Risks:
Pebbled driveways may shift over time, resulting in uneven surfaces or drainage issues.
The Client understands that vehicles and foot traffic may cause pebble displacement or settling.
Limitation of Liability:
The Company is not responsible for future shifting or settling of pebbles due to normal use.
The Company does not provide any warranty for damage caused by improper vehicle use or lack of maintenance by the Client.
3. Fence Painting
Effective Date: September 2024
Acknowledgement of Risks:
Fence painting involves the use of paints and chemicals, which may pose a risk to plants, animals, and nearby surfaces.
There is a risk of paint spills, drips, or overspray on surrounding areas if precautions are not taken.
Limitation of Liability:
The Company is not responsible for damage to plants or non-fence structures unless the Client has specifically requested protective measures, and such measures were not implemented.
The Client agrees to keep pets and children away from freshly painted fences to avoid exposure to paint.
4. Disease Treatment
Effective Date: September 2024
Acknowledgement of Risks:
Disease treatment for plants involves the use of chemicals or biological agents, which may have harmful effects on non-target plants, insects, or animals.
There is a risk of environmental contamination, especially near water sources.
Limitation of Liability:
The Company is not liable for unintended damage to non-target plants, insects, or animals.
The Client agrees not to hold the Company responsible for environmental damage unless it is caused by gross negligence.
5. Lawn Growth
Effective Date: September 2024
Acknowledgement of Risks:
Lawn growth treatments may involve the application of fertilizers, which can cause overgrowth or burn the lawn if not managed properly.
There is a risk of environmental runoff into nearby water systems, causing contamination.
Limitation of Liability:
The Company is not liable for lawn overgrowth, discoloration, or damage if post-treatment instructions are not followed.
The Company is not responsible for environmental damage caused by fertilizer runoff.
6. Gutter Cleaning
Effective Date: September 2024
Acknowledgement of Risks:
Gutter cleaning involves the use of ladders and may cause accidental damage to roofs, gutters, or nearby structures.
There is a risk of debris falling onto surrounding areas during cleaning.
Limitation of Liability:
The Company is not liable for damage to roofs or gutters unless caused by gross negligence.
The Company is not responsible for debris displacement during the cleaning process unless specific arrangements are made for cleanup.
7. Wheelie Bin Cleaning
Effective Date: September 2024
Acknowledgement of Risks:
Wheelie bin cleaning involves the use of high-pressure water and cleaning agents, which may cause surface damage to the bin or nearby areas.
There is a risk of environmental contamination due to runoff from dirty water.
Limitation of Liability:
The Company is not responsible for minor damage to bins from regular cleaning practices.
The Client agrees that the Company is not liable for environmental contamination unless cleaning is done near sensitive areas.
8. Window Cleaning
Effective Date: September 2024
Acknowledgement of Risks:
Window cleaning involves the use of ladders and cleaning solutions, which may result in minor damage to window frames, sills, or surrounding areas.
There is a risk of streaking or smudging due to improper drying or environmental factors post-cleaning.
Limitation of Liability:
The Company is not liable for minor cosmetic damage to windows or frames unless caused by gross negligence.
The Client acknowledges that weather conditions may affect the quality of the cleaning, for which the Company cannot be held responsible.
9. Patio Pressure Washing
Effective Date: September 2024
Acknowledgement of Risks:
Pressure washing may cause surface damage to patios, particularly older or weaker materials.
There is a risk of water damage to surrounding areas or structures.
Limitation of Liability:
The Company is not liable for damage to fragile or pre-existing damaged surfaces unless specifically pointed out in advance.
The Client is responsible for ensuring that all sensitive areas near the patio are protected before the service.
10. Patio Sealing
Effective Date: September 2024
Acknowledgement of Risks:
Sealing may cause temporary surface discoloration or slippery conditions if not allowed to dry properly.
There is a risk of chemical runoff during the sealing process.
Limitation of Liability:
The Company is not responsible for discoloration or slipperiness if the Client fails to follow post-service care instructions.
The Client agrees that the Company is not liable for environmental damage unless sealing is done near sensitive water sources without proper precautions.
11. Hedge Trimming
Effective Date: September 2024
Acknowledgement of Risks:
Hedge trimming involves the use of sharp tools and machinery, which may pose a risk of damage to nearby plants, fences, or structures.
There is a risk of injury to pets or children if present during trimming.
Limitation of Liability:
The Company is not responsible for damage to surrounding plants or structures unless caused by gross negligence.
The Client agrees to keep pets and children away from the trimming area to avoid injury.
12. Garden Waste Shredding
Effective Date: September 2024
Acknowledgement of Risks:
Garden waste shredding involves machinery that can be loud and may cause minor surface damage or debris scattering.
There is a risk of injury if unauthorized persons approach the shredding equipment during operation.
Limitation of Liability:
The Company is not responsible for minor surface damage caused by machinery or debris unless caused by gross negligence.
The Client agrees to ensure that pets, children, and unauthorized persons are kept away from the shredding area.
13. Grass Mowing
Effective Date: September 2024
Acknowledgement of Risks:
Grass mowing may result in damage to non-grass areas, such as flower beds or ornamental plants if not properly demarcated.
There is a risk of debris being scattered during mowing.
Limitation of Liability:
The Company is not liable for damage to non-grass areas unless caused by gross negligence.
The Client agrees that the Company is not responsible for debris displacement during mowing unless specific arrangements for cleanup are made.
14. Garden Vegetation Clearance
Effective Date: September 2024
Acknowledgement of Risks:
Garden vegetation clearance may involve the use of sharp tools and heavy equipment, which can cause damage to nearby plants, structures, or underground utilities.
There is a risk of injury if pets, children, or unauthorized persons are present in the working area.
Limitation of Liability:
The Company is not liable for unintended damage to nearby plants or structures unless caused by gross negligence.
The Client agrees to ensure that the working area is clear of pets, children, and other unauthorized persons to avoid injury.
15. Waste Removal
Effective Date: September 2024
Acknowledgement of Risks:
Waste removal may involve handling heavy or hazardous materials, which can cause damage to the property if not handled correctly.
There is a risk of environmental contamination if waste is not properly sorted or if hazardous waste is present.
Limitation of Liability:
The Company is not responsible for damage caused by improperly disposed or unidentified hazardous materials.
The Client agrees to properly identify and separate hazardous waste before removal.
16. Weeding
Effective Date: September 2024
Acknowledgement of Risks:
Weeding involves the removal of unwanted plants, which may result in damage to nearby desired plants if proper care is not taken.
The use of herbicides for weeding may have harmful effects on nearby non-target plants or the environment.
Limitation of Liability:
The Company is not responsible for accidental damage to non-target plants unless caused by gross negligence.
The Client agrees not to hold the Company liable for any environmental impact from herbicide use unless improper procedures were followed.
17. Car Cleaning
Effective Date: September 2024
Acknowledgement of Risks:
Car cleaning involves the use of cleaning agents and equipment, which may cause minor scratches, discoloration, or damage to the car’s exterior or interior if not properly maintained.
There is a risk of water damage to the vehicle or surrounding area during the cleaning process.
Limitation of Liability:
The Company is not responsible for minor scratches or cosmetic damage resulting from routine cleaning unless caused by gross negligence.
The Client agrees to ensure the car is in suitable condition for cleaning, including removing personal items from the interior.
18. Domestic House Cleaning
Effective Date: September 2024
Acknowledgement of Risks:
House cleaning may involve the use of chemicals and cleaning agents that can cause surface damage, discoloration, or allergic reactions if not properly managed.
There is a risk of accidental damage to personal property during the cleaning process.
Limitation of Liability:
The Company is not liable for minor surface damage unless caused by gross negligence or improper use of cleaning agents.
The Client agrees to remove valuable or delicate items from cleaning areas to prevent damage or loss.
19. House Carpet Shampooing
Effective Date: September 2024
Acknowledgement of Risks:
Carpet shampooing may cause water damage or discoloration to certain types of carpets or flooring if not properly treated.
There is a risk of shrinkage or damage to older or delicate carpets.
Limitation of Liability:
The Company is not responsible for shrinkage, discoloration, or water damage if the carpet was not identified as delicate or pre-damaged by the Client.
The Client agrees to follow post-service care instructions to ensure the carpet dries properly.
20. End of Tenancy House Clean
Effective Date: September 2024
Acknowledgement of Risks:
End of tenancy cleaning involves deep cleaning processes that may expose existing damage or wear and tear to surfaces or fixtures.
The use of cleaning agents may cause discoloration or minor surface damage if certain materials are not suitable for deep cleaning.
Limitation of Liability:
The Company is not responsible for pre-existing damage or deterioration that becomes apparent during the cleaning process.
The Client agrees to ensure that all personal items are removed from the property before cleaning.
21. Furniture Cleaning
Effective Date: September 2024
Acknowledgement of Risks:
Furniture cleaning involves the use of cleaning agents and equipment that may cause discoloration, shrinkage, or surface damage to delicate fabrics or materials.
There is a risk of damage to upholstery or wooden surfaces if not properly treated.
Limitation of Liability:
The Company is not liable for damage to delicate or pre-damaged furniture unless specific instructions were given and ignored.
The Client agrees to disclose any special care instructions or pre-existing conditions for the furniture before cleaning.
22. Weed Membrane Fitting
Effective Date: September 2024
Acknowledgement of Risks:
The fitting of weed membranes involves digging and laying material that may disturb nearby plants, roots, or structures.
There is a risk of improper installation if the ground conditions are unsuitable for membrane placement.
Limitation of Liability:
The Company is not responsible for damage to nearby plants or roots unless caused by gross negligence.
The Client agrees that the Company is not liable for membrane inefficacy if the area is improperly prepared or unsuitable for the service.
23. Garden Waste Removal
Effective Date: September 2024
Acknowledgement of Risks:
Garden waste removal involves the handling of organic waste that may contain sharp objects, allergens, or hazardous materials.
There is a risk of damage to the property if waste is not properly contained or if the removal process disturbs nearby plants or structures.
Limitation of Liability:
The Company is not responsible for damage caused by hazardous or improperly identified waste.
The Client agrees to identify and separate hazardous or sharp waste before removal to ensure safe handling.
General Terms
Termination and Governing Law
Either party may terminate this agreement prior to the provision of services, provided reasonable notice is given.
This agreement shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Client Declaration:
By engaging DK PROPERTY SERVICES for any of the above-listed services, the Client confirms that they have read, understood, and agreed to these terms and conditions.