Gardeners Hadley Wood Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Hadley Wood to residential and commercial clients in the United Kingdom. By making a booking, accepting a quotation, or allowing our gardeners to commence work at your premises, you agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions:

Client means the person, firm or company requesting or receiving services from Gardeners Hadley Wood.

Company, we, us or our means Gardeners Hadley Wood.

Services means gardening, garden maintenance, garden clearance, soft landscaping and any related services provided by the Company as agreed with the Client.

Site means the garden, grounds or other area where the Services are to be carried out.

Contract means the agreement between the Client and the Company, comprising these Terms and Conditions and any written quotation or service confirmation.

2. Scope of Services

2.1 The Company provides a range of gardening and maintenance services tailored to domestic gardens and managed outdoor spaces. The precise scope of work will be set out in a quotation, service schedule or written confirmation to the Client.

2.2 Any description of Services, whether in writing or verbally, is for guidance only. The Company reserves the right to make reasonable adjustments to the method or timing of delivery of the Services where necessary to protect plants, property, staff safety or to comply with legal or regulatory requirements.

2.3 The Client is responsible for ensuring that the requested Services are suitable for their Site and for any particular plants, features or installations present.

3. Booking Process

3.1 Bookings may be made by the Client through the Company’s usual contact and enquiry methods. A booking is not confirmed until the Client has accepted a quotation or service proposal and the Company has acknowledged that acceptance.

3.2 The Company may provide either a fixed price quotation or an estimate based on the information supplied by the Client. Where an estimate is given, it is indicative only and may be adjusted if the actual work or conditions differ from those originally described or observed.

3.3 The Client must provide accurate information regarding the size and condition of the garden, access arrangements, parking restrictions and any known risks or hazards at the Site. The Company is not liable for delays, additional costs or inability to complete the Services arising from incomplete or inaccurate information.

3.4 For certain Services, the Company may require an on-site visit before confirming the booking. Any such visit does not constitute a detailed survey or professional inspection unless explicitly agreed in writing.

3.5 Recurring maintenance Services will be scheduled at agreed intervals. While the Company aims to attend on the agreed dates and times, attendance may vary due to weather conditions, staff availability or other operational reasons. The Company will take reasonable steps to notify the Client of any significant changes.

4. Access and Client Obligations

4.1 The Client must ensure that the Company has safe and reasonable access to the Site at the agreed times, including any necessary keys, gate codes or instructions. Any delay or wasted visit resulting from lack of access may be charged in accordance with the Company’s prevailing rates.

4.2 The Client must ensure that pets, children and other persons are kept away from the working area while Services are being carried out and until any machinery, tools or chemicals have been removed or are safe.

4.3 The Client is responsible for notifying neighbours or other affected parties where access over neighbouring land, shared driveways or communal areas may be required.

4.4 The Client must inform the Company in advance of any underground services, irrigation systems, cables, pipes or other installations which may be affected by the Services. The Company will not be liable for damage to any undisclosed or incorrectly located services.

5. Prices and Payments

5.1 All prices are quoted in pounds sterling and are exclusive of any applicable taxes unless expressly stated otherwise. The Company reserves the right to revise prices where taxes or regulatory charges change.

5.2 Payment terms will be stated on the quotation, invoice or service confirmation. Unless otherwise agreed in writing, payment is due immediately on completion of the Services or within the period specified on the invoice.

5.3 The Company may require a deposit or advance payment for certain works, including but not limited to initial garden clearance, planting projects or other labour-intensive services. Any such requirement will be specified before the booking is confirmed.

5.4 The Client agrees to pay all invoices in full and without deduction, set-off or counterclaim. If any amount becomes overdue, the Company reserves the right to suspend further Services until full payment is received.

5.5 The Company may charge interest on overdue sums at the statutory rate applicable under UK law from the due date until the date of actual payment, together with any reasonable costs incurred in seeking to recover the debt.

6. Variations and Additional Work

6.1 If, during the provision of the Services, it becomes apparent that additional work or materials are required that were not included in the original quotation, the Company will seek the Client’s approval before proceeding, wherever reasonably practicable.

6.2 Additional work requested by the Client, including extra time on site or expanded maintenance tasks, will be charged at the Company’s prevailing rates, which may be on a fixed price or hourly basis.

6.3 Where the Client increases or decreases the scope of work, the Company reserves the right to adjust the price accordingly and to reschedule the Services if necessary.

7. Cancellations and Rescheduling

7.1 The Client may cancel or request to reschedule a booking by giving the Company reasonable notice. Unless otherwise agreed, a minimum of 48 hours working notice before the scheduled visit is required.

7.2 If less than 48 hours working notice is given, the Company reserves the right to charge a cancellation fee, which may be up to the full value of the booked Services where staff and resources have already been allocated.

7.3 The Company may cancel or postpone the Services due to adverse weather conditions, staff illness, equipment failure or other circumstances beyond its reasonable control. In such cases, the Company will seek to provide alternative dates but will not be liable for any resulting loss or inconvenience suffered by the Client.

7.4 For larger projects where a deposit or pre-payment has been made, specific cancellation terms may be included in the quotation or project agreement. In the absence of such terms, the Company may retain a reasonable portion of the deposit to cover costs already incurred.

8. Health, Safety and Site Conditions

8.1 The Company will take reasonable care to ensure that all Services are carried out safely and in accordance with applicable health and safety legislation and guidance.

8.2 The Client must inform the Company of any known hazards at the Site, including but not limited to unstable structures, contaminated soil, sharp objects, uneven ground or aggressive animals.

8.3 The Company may decline to carry out, or may suspend, any work which it reasonably considers unsafe or unsuitable for the prevailing conditions. This includes work during extreme weather or where the ground or surrounding areas may be damaged by continued access.

8.4 The Client must not request or permit the Company’s staff to undertake any task that falls outside the agreed Services or the staff member’s training and safety procedures.

9. Waste Handling and Environmental Regulations

9.1 The handling, transport and disposal of green waste and other materials from the Site will be carried out in accordance with applicable environmental regulations and local authority requirements.

9.2 The quotation or service confirmation will specify whether the Company will remove green waste from the Site, leave it on site for composting or disposal by the Client, or chip and spread it within the garden. Unless clearly stated, the Client should not assume that waste removal is included.

9.3 Where waste removal is included, the Company will take reasonable steps to ensure that it is transported and disposed of lawfully. The Client acknowledges that certain types of waste may incur additional charges or may not be accepted, including but not limited to soil, rubble, plastics, treated timber, and hazardous materials.

9.4 The Client must not request the Company to remove or handle hazardous or controlled waste, including asbestos, chemicals, oils or contaminated materials. If such materials are discovered, the Company may suspend work until the Site is made safe by a suitably qualified contractor engaged by the Client.

10. Property Care and Damage

10.1 The Company will exercise reasonable skill and care to avoid unnecessary damage to plants, lawns, garden features, paths, driveways and buildings. However, minor scuffing or marking may be unavoidable with certain equipment and access routes, and the Client accepts this as part of normal gardening operations.

10.2 Any pre-existing damage or defects to structures, surfaces, fences, walls, paths, fixtures or fittings will not be the responsibility of the Company. The Client is encouraged to document pre-existing conditions before work commences.

10.3 The Client must notify the Company in writing of any damage they believe has been caused by the Company within seven days of the Services being carried out, giving reasonable details and, where possible, photographic evidence. Failure to do so may limit the Company’s ability to investigate and, where appropriate, remedy the situation.

11. Liability and Insurance

11.1 Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other matter which cannot be limited or excluded under UK law.

11.2 Subject to the above, the Company’s total liability to the Client in respect of any loss or damage arising out of or in connection with the Services or the Contract, whether in contract, tort, negligence or otherwise, shall be limited to the total amount paid or payable by the Client to the Company for the Services giving rise to the claim.

11.3 The Company shall not be liable for any indirect or consequential loss, including loss of profit, business interruption, loss of enjoyment of the garden, or any loss arising from delays or rescheduling of Services.

11.4 The Company is not responsible for the future growth, health or lifespan of plants, turf or trees following planting or maintenance, as these depend on factors beyond its control, including weather conditions, soil quality, pests, diseases and the Client’s ongoing care regime.

11.5 The Company maintains appropriate insurance cover for its Services, including public liability insurance, in line with industry practice.

12. Guarantees and Service Standards

12.1 The Company aims to provide Services with reasonable care and skill, in keeping with generally accepted standards for gardening and grounds maintenance in the UK.

12.2 Unless expressly stated in writing, the Company does not provide guarantees for the long-term survival or performance of plants, lawns or seeds. Any guidance on aftercare is offered in good faith but does not constitute a guarantee of results.

12.3 If the Client is dissatisfied with any aspect of the Services, they must notify the Company as soon as reasonably practicable, and in any event within seven days of completion. The Company will review the concern and, where appropriate, may offer to revisit the Site to address the issue.

13. Intellectual Property

13.1 Any planting plans, layout suggestions, schedules or design concepts provided by the Company remain the intellectual property of the Company unless expressly transferred in writing.

13.2 The Client may not reproduce, share or implement any design or plan created by the Company with another contractor without prior written consent, save as permitted by applicable law.

14. Data Protection and Privacy

14.1 The Company will handle any personal data provided by the Client in accordance with applicable UK data protection legislation.

14.2 The Company will use the Client’s contact details for the purposes of managing bookings, delivering Services, issuing invoices and providing reasonable service-related communications.

14.3 The Company will not sell the Client’s personal data to third parties. Personal data may be shared with trusted partners where necessary for the provision of the Services or to comply with legal obligations.

15. Force Majeure

15.1 The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events, circumstances or causes beyond its reasonable control, including but not limited to extreme weather, flooding, fire, industrial disputes, epidemics, transport disruptions or acts of government.

15.2 In such circumstances, the Company may suspend the Services for the duration of the event or terminate the Contract without liability, giving reasonable notice to the Client where practicable.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, shall be governed by and construed in accordance with the laws of England and Wales.

16.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from or connected with these Terms and Conditions or the Services, although the Company retains the right to bring proceedings against the Client in any other court of competent jurisdiction.

17. Amendments and General Provisions

17.1 The Company reserves the right to amend these Terms and Conditions from time to time. The version in force at the time of the Client’s booking or acceptance of a quotation will apply to that specific Contract.

17.2 If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable by any court or competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable, and the remaining provisions shall continue in full force and effect.

17.3 No failure or delay by the Company in exercising any right or remedy shall operate as a waiver of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent any further exercise of it.

17.4 These Terms and Conditions, together with any quotation or written service confirmation, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions, correspondence or understandings.