Gardeners Southgate Service Terms and Conditions
These Terms and Conditions govern the provision of gardening and related services by Gardeners Southgate to its residential and commercial clients. By making a booking, accepting a quotation or allowing our gardeners to begin work at your premises, you agree to be bound by these Terms and Conditions.
These terms are intended to be fair and transparent. They set out how we work, what you can expect from us, and what we require from you to provide our gardening services safely and efficiently.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the person, firm or organisation requesting services from Gardeners Southgate.
Company means Gardeners Southgate, the gardening services provider.
Services means the gardening and related services provided by the Company, which may include but are not limited to lawn care, hedge trimming, pruning, planting, garden tidy ups, clearance, maintenance, soft landscaping and related works.
Premises means the land, garden or property where the Services are to be provided.
Agreement means the contract between the Client and the Company, consisting of these Terms and Conditions together with any written quotation, service description or confirmation of booking.
2. Scope of Services
The Company will provide the Services as agreed with the Client in advance, either through a quotation, written confirmation, or as described verbally and accepted by the Client during the booking process.
The scope of Services will typically specify the type of gardening work, the approximate duration or frequency of visits, and any particular requirements or limitations agreed with the Client. The Company will use reasonable efforts to complete the Services as described, but reserves the right to make minor adjustments where necessary to ensure safety, compliance with law, or practicality.
Unless expressly agreed otherwise, the Services do not include structural landscaping, tree surgery requiring specialist qualifications or equipment, electrical work, plumbing, pest control, or building services.
3. Booking Process
The Client may request a booking for gardening services by contacting the Company and providing details of the Premises, the type of work required and preferred dates or times. The Company may request photographs or arrange a visit to assess the work before confirming the booking.
A booking is not confirmed until the Company has issued a confirmation of the appointment, which may be given verbally or in writing. In some cases, the Company may require a deposit or part payment before confirming the booking. The Company reserves the right to refuse any booking at its discretion.
For regular maintenance services, the Company and the Client may agree a recurring schedule, such as weekly, fortnightly or monthly visits. The schedule is subject to change by mutual agreement, and may also be adjusted by the Company when necessary due to weather, seasonal conditions or operational reasons. The Company will use reasonable efforts to notify the Client of any changes to booked dates or times.
4. Access to the Premises
The Client must ensure that adequate access to the Premises is available at the agreed time so that the Company can carry out the Services. This includes providing any necessary keys, codes or instructions for gates, garages or communal areas.
If the Company is unable to gain access to the Premises at the agreed time, or if the work area is unsafe, obstructed or not as described, the Company may charge a call out fee or a proportion of the agreed service charge to cover lost time and costs.
The Client must also ensure that any pets, children or other persons are kept away from the immediate working area for health and safety reasons. The Company will not be responsible for any injury or damage arising where this requirement has not been met.
5. Client Obligations
The Client agrees to provide accurate information about the Premises and the requested Services, including any known hazards, underground services, delicate plants or structures that could be affected by the work.
The Client must ensure that the Premises is in a condition that allows the Services to be carried out efficiently, including the removal of personal items, toys, furniture or other obstacles from the working area, where reasonably possible.
The Client agrees not to instruct the Companys staff or contractors to perform any services that fall outside the agreed scope or are unsafe, unlawful or contrary to these Terms and Conditions.
6. Quotations and Pricing
Any quotation provided by the Company is based on the information supplied by the Client at the time of assessment and is valid for a limited period as specified by the Company. The Company may revise a quotation if the information provided by the Client is incomplete or inaccurate, or if the nature or extent of the work changes.
Prices may be based on an hourly rate, a fixed price for a specified job, or a regular recurring fee for ongoing maintenance. Unless expressly stated, all prices are exclusive of any applicable taxes or charges. The Client will be informed of the applicable pricing basis before the Services commence.
If the Services take longer than reasonably anticipated due to factors outside the Companys control, such as restricted access, unexpected obstacles or additional work requested by the Client, the Company reserves the right to charge for the additional time and materials at the prevailing rates.
7. Payments
Payment terms will be confirmed at the time of booking or quotation. Unless otherwise agreed, payment is due immediately upon completion of the Services or in accordance with the payment schedule for regular maintenance contracts.
The Company may accept various forms of payment, including bank transfer, card payment or other methods as notified to the Client. Cash payments may be accepted at the Companys discretion. The Client must ensure that all payments are made promptly and in full.
Where payment is not received by the due date, the Company reserves the right to suspend further Services, charge reasonable late payment fees and, where applicable, interest on overdue amounts in accordance with applicable law. The Client will also be responsible for any reasonable costs incurred by the Company in recovering overdue amounts.
8. Cancellations and Rescheduling
The Client may cancel or reschedule a booking by providing reasonable notice to the Company. The minimum notice period for cancellation or rescheduling will normally be 24 hours before the scheduled visit, unless otherwise specified in writing.
If the Client cancels with less than the required notice period, or is not present to allow access at the scheduled time where necessary, the Company may charge a cancellation fee to cover lost time and costs. The amount of any such fee will be communicated to the Client and may be a fixed sum or a proportion of the agreed service charge.
The Company reserves the right to cancel or reschedule a booking due to adverse weather, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will use reasonable efforts to notify the Client as soon as practicable and to arrange an alternative appointment. The Company will not be liable for any costs or losses incurred by the Client as a result of such cancellation or rescheduling.
9. Gardening Work, Materials and Equipment
The Company will supply its own tools and equipment necessary to carry out the Services, unless otherwise agreed. All equipment remains the property of the Company at all times.
Where the Services include the supply of plants, turf, soil, mulch, aggregates or other materials, these will be of a quality and type suitable for the agreed purpose. Natural products may vary in colour, size and appearance, and the Company does not guarantee exact matches to samples or photographs.
The Client is responsible for the ongoing care, watering and maintenance of plants and lawns after the completion of the Services, unless a specific maintenance arrangement has been agreed. The Company cannot guarantee the survival of plants or lawns where appropriate aftercare is not provided or where they are affected by weather, pests, disease or other factors beyond the Companys control.
10. Waste Regulations and Disposal
The Company will comply with applicable waste regulations when handling and disposing of green waste, soil and other materials arising from gardening work.
Unless expressly included in the quotation or service description, the collection and disposal of green waste, soil, rubble or other materials is not automatically included in the Service. The Client may request waste removal as an additional service, which will be charged at the prevailing rate to reflect disposal costs, labour and transport.
Where waste removal is included, the Company will take reasonable care to separate green waste from other types of waste where required by regulation. The Company is not responsible for the disposal of household rubbish, hazardous materials, chemicals, paint, oils, asbestos or other controlled waste, and the Client must make separate arrangements for such items.
If the Client prefers to keep the green waste on site for composting or other use, the Company can arrange waste in a suitable area as agreed with the Client, provided that it is safe and lawful to do so.
11. Health and Safety
The Company will take reasonable steps to carry out the Services with proper regard to health and safety, using appropriate tools, protective equipment and working methods.
The Client agrees to cooperate with the Company in maintaining a safe working environment, including keeping children and pets away from machinery and sharp tools, and not entering active working areas without first alerting the gardener.
The Company may refuse to carry out or continue any work that it considers unsafe, unlawful or likely to cause damage to property or injury to persons. In such circumstances, the Company will discuss alternative options with the Client where possible.
12. Liability and Limitations
The Company will exercise reasonable skill and care in carrying out the Services. If the Client is dissatisfied with any aspect of the work, the Client must notify the Company as soon as reasonably possible so that the Company can investigate and, where appropriate, propose a remedy.
The Companys liability for any loss or damage arising out of or in connection with the Services shall, to the fullest extent permitted by law, be limited to the value of the Services provided under the relevant booking or, where a defect relates to particular items, the reasonable cost of re-performing the affected part of the Services.
The Company will not be liable for any indirect or consequential losses, loss of profit, loss of enjoyment, or any loss arising from factors beyond the Companys reasonable control, including extreme weather conditions, pest infestations, plant diseases, subsidence, or actions of third parties.
Nothing in these Terms and Conditions excludes or limits the Companys liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited.
13. Damage to Property
The Company will take reasonable care to avoid damage to the Premises while carrying out the Services. The Client must inform the Company in advance of any underground services, pipes, cables or irrigation systems that could be affected by digging, staking or other works.
The Company is not responsible for damage to hidden or unmarked underground services or structures that could not reasonably have been identified prior to work commencing. The Client is responsible for the cost of any repairs to such services.
Any damage directly caused by the negligence of the Company will be assessed and, where appropriate, repaired or compensated by the Company, subject to the limitations on liability set out in these Terms and Conditions.
14. Complaints and Disputes
If the Client has a complaint or concern about the Services, the Client should notify the Company as soon as possible, providing details of the issue and allowing the Company a reasonable opportunity to investigate and, where appropriate, to rectify the situation.
The Company aims to resolve complaints promptly and fairly. Where a dispute cannot be resolved informally, either party may consider using mediation or other alternative dispute resolution methods before commencing legal proceedings.
15. Privacy and Data
The Company may collect and process personal information about the Client, such as names, addresses and service details, for the purposes of providing Services, managing bookings, processing payments and fulfilling legal obligations.
The Company will take reasonable steps to keep such information secure and will not share it with third parties except where necessary to provide the Services, to comply with law, or with the Clients consent.
16. Changes to These Terms
The Company may update or amend these Terms and Conditions from time to time to reflect changes in law, regulations, industry practice or the nature of the Services offered. The latest version will apply to any new bookings or renewals of regular maintenance arrangements.
Where a material change affects an ongoing contract, the Company will notify the Client and, if the Client does not agree to the revised terms, either party may terminate the Agreement in accordance with the cancellation provisions.
17. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services provided by the Company, shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or the Services, subject to any mandatory rights of consumers to bring claims in local courts where applicable.
18. Entire Agreement
These Terms and Conditions, together with any quotation, written confirmation or service description provided by the Company, constitute the entire agreement between the Client and the Company in relation to the Services, and supersede any prior understandings or agreements, whether written or oral.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect.
By proceeding with a booking or allowing work to commence, the Client confirms that they have read, understood and agree to these Terms and Conditions.