Gardeners Harrow Weald Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Harrow Weald provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing work to proceed, you agree to be bound by these Terms and Conditions. If you do not agree to any part of these terms, you should not proceed with a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Company means Gardeners Harrow Weald, the provider of gardening and related services.
Client means the person, firm, or organisation requesting the services of the Company.
Services means gardening and outdoor maintenance services supplied by the Company, which may include but are not limited to lawn care, hedge trimming, planting, garden clearance, soft landscaping, and general garden maintenance.
Site means the garden or property where the Services are to be performed.
Agreement means the contract between the Client and the Company for the supply of Services, incorporating these Terms and Conditions and any written quotation or confirmation of booking.
2. Scope of Services
The Company will provide the Services as described in the quotation, booking confirmation, or agreed work schedule. The scope may include routine gardening, one-off garden tidy-ups, seasonal maintenance, planting schemes, and other related services as agreed.
Any additional work not specifically included in the agreed scope may incur extra charges. The Company will inform the Client of any likely additional costs before carrying out such work where practicable.
The Company reserves the right to decline work that is unsafe, unlawful, impractical, or beyond the expertise or resources reasonably available to the Company.
3. Booking Process
3.1 Enquiries and quotations
Clients may request an estimate or quotation for Services. Any quotation provided is based on the information supplied by the Client and, where applicable, an inspection of the Site. Quotations are given in good faith but may be subject to change if the Site conditions differ from those described or observed at the time of quotation.
Unless otherwise stated, quotations are valid for a limited period from the date of issue and may be withdrawn or amended by the Company at any time before acceptance.
3.2 Accepting a booking
A booking is considered accepted and an Agreement formed when the Client confirms acceptance of the quotation or Service description and the Company confirms the booking, whether verbally or in writing. The Company may, at its discretion, require written confirmation from the Client.
Bookings are subject to availability. The Company will use reasonable efforts to accommodate preferred dates and times but does not guarantee any specific slot until confirmed.
3.3 Access and instructions
The Client is responsible for providing accurate details of the Site, including access arrangements, any parking restrictions, and relevant hazards or sensitivities such as pets, ponds, or protected trees. If access is restricted or information is inaccurate, the Company may be unable to carry out the Services as planned and may charge for wasted time or rescheduling.
4. Client Obligations
The Client agrees to:
Provide safe and reasonable access to the Site for the duration of the visit, including access to external areas, outbuildings, and any areas agreed for storage or waste collection.
Ensure the Site is in a condition that allows the Services to be carried out safely, including removal of significant obstructions or hazards that are not part of the agreed work.
Inform the Company of any relevant Site conditions such as underground services, irrigation systems, cables, or other installations that may be affected by gardening work.
Ensure that any necessary consents, permissions, or approvals, such as those from landlords, neighbours, or local authorities, are obtained before work begins.
Ensure that any children or pets are kept away from work areas for health and safety reasons during the provision of the Services.
5. Payments and Charges
5.1 Pricing
The price for Services will be as set out in the quotation or as otherwise agreed between the Client and the Company. Prices may be based on hourly rates, fixed fees, or a combination, and may include or exclude the cost of materials and waste disposal as specified in the quotation.
5.2 Payment terms
Unless otherwise agreed, payment is due on completion of the Services for one-off visits, or in accordance with an agreed schedule for ongoing maintenance contracts. The Company may offer various payment methods and will inform the Client of accepted options at the time of booking or invoicing.
The Company reserves the right to request a deposit or advance payment for larger projects, specialist materials, or bespoke orders. Such payments will be detailed in the quotation or booking confirmation.
5.3 Late payment
If payment is not received by the due date, the Company may charge interest on the overdue amount at a reasonable rate and may suspend further Services until payment is brought up to date. The Client will be liable for any reasonable costs incurred by the Company in recovering overdue sums, including administrative charges and legal fees where applicable.
6. Cancellations, Rescheduling, and No-Show
6.1 Client cancellations
The Client may cancel or reschedule a booking by giving reasonable notice. Where possible, the Company requests that cancellations or changes are made at least 24 hours before the scheduled appointment.
The Company reserves the right to charge a cancellation fee where insufficient notice is given, where staff have already travelled to the Site, or where materials have been specially ordered. The level of any fee will be communicated to the Client at the time of booking or as soon as reasonably practicable.
6.2 Company cancellations
The Company may cancel or reschedule a booking due to severe weather, staff illness, unforeseen events, unsafe Site conditions, or other factors beyond its reasonable control. In such cases, the Company will use reasonable efforts to notify the Client as soon as practicable and to offer an alternative appointment.
The Company will not be liable for any loss or inconvenience arising from the cancellation or rescheduling of a booking, provided that it has acted reasonably and offers a new time where possible.
6.3 No access or no-show
If the Company attends the Site at the agreed time and is unable to gain access or otherwise prevented from carrying out the Services for reasons within the Client's control, the Company may charge for the visit, including any travel and waiting time.
7. Materials, Plants, and Equipment
The Company may supply plants, materials, and equipment as part of the Services. Ownership of plants and materials may pass to the Client on payment in full, unless otherwise agreed.
The Company will take reasonable care in selecting healthy plants and appropriate materials for the Site, but cannot guarantee the long-term performance of plants, which depends on factors such as soil condition, weather, pests, diseases, and ongoing care by the Client.
The Client is responsible for the continued watering, feeding, and maintenance of plants after completion of the Services, unless an ongoing maintenance arrangement is specifically agreed.
The Company will use equipment appropriate to the work and will take reasonable steps to ensure that equipment is maintained in a safe condition.
8. Waste Handling and Environmental Regulations
8.1 Garden waste
The handling of garden waste such as grass cuttings, branches, leaves, and other vegetation will be as specified in the quotation or booking confirmation. Options may include leaving the waste on Site in an agreed location, using the Client's garden waste bin, or removing waste from the Site.
If waste removal is included, it will be carried out in accordance with applicable waste and environmental regulations. The Company will use authorised methods to transport and dispose of green waste and will not dispose of waste illegally.
8.2 Additional waste charges
Where the volume or type of waste exceeds that anticipated at the time of quotation, the Company may charge an additional fee to cover the cost of removal and disposal. The Client will be informed of any such charges as soon as reasonably practicable.
8.3 Non-garden waste
The Company is not responsible for the removal of non-garden waste or hazardous materials unless explicitly agreed. This includes items such as building rubble, electrical items, household rubbish, or substances classified as hazardous. If such items are encountered, the Company may suspend work until they are removed by the Client or by a suitably authorised contractor.
9. Health and Safety
The Company will comply with applicable health and safety legislation and will take reasonable care to minimise risk to the Client, the public, and property during the provision of Services.
The Client must inform the Company of any known hazards at the Site, including uneven ground, covered wells, fragile structures, or other risks. The Company may refuse to work in areas deemed unsafe until appropriate measures are taken.
The Client agrees not to interfere with or misuse any equipment or safety measures used by the Company and to keep clear of working areas while machinery is in use.
10. Liability and Limitations
The Company will exercise reasonable skill and care in providing the Services. If the Client is dissatisfied with any aspect of the work, the Client must notify the Company promptly and, in any event, within a reasonable period after completion so that the Company has the opportunity to inspect and, where appropriate, rectify the issue.
Except as required by law, the Company will not be liable for:
Any indirect or consequential loss, including loss of enjoyment, loss of profits, or loss of opportunity.
Damage to underground pipes, cables, or other installations that were not identifiable by visual inspection or not disclosed by the Client.
Deterioration of plants or lawns due to factors beyond the Company’s control, such as adverse weather, pests, diseases, or inadequate aftercare by the Client.
Minor damage to lawns or garden surfaces that is reasonably necessary in the course of carrying out the agreed Services, such as the temporary marking of grass by foot traffic or the use of machinery.
Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability for death or personal injury caused by its negligence, for fraud, or for any other liability that cannot be limited or excluded under applicable law.
11. Complaints and Dispute Resolution
If the Client has a complaint about the Services, the Client should raise the matter with the Company as soon as possible, providing details of the issue and any supporting information. The Company will investigate and aim to respond within a reasonable timeframe.
The Company may propose remedial work, a partial refund, or another form of resolution where appropriate. Acceptance of any resolution will normally be in full and final settlement of the complaint.
If a dispute cannot be resolved directly, the parties may consider using mediation or another form of alternative dispute resolution before commencing formal legal proceedings.
12. Force Majeure
The Company will not be liable for any delay or failure to perform its obligations where such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to extreme weather, flooding, fire, pandemic, labour disputes, transport disruption, or interruption of utilities.
In such circumstances, the Company may suspend Services for the duration of the event or, where necessary, cancel the Agreement without liability, other than to refund any sums paid in advance for Services not provided.
13. Data Protection and Privacy
The Company may collect and use personal information about the Client, such as name, address, and contact details, for the purpose of administering bookings, providing Services, and managing the business relationship.
The Company will take reasonable steps to keep personal data secure and to process it in accordance with applicable data protection laws. Personal information will not be sold to third parties. It may be shared with trusted partners where necessary to deliver the Services, such as suppliers or subcontractors.
The Client has rights in relation to their personal data, which may include rights of access, correction, or deletion, subject to legal and contractual limitations.
14. Variation of Terms
The Company may amend these Terms and Conditions from time to time. The version in force at the time a booking is accepted will apply to that Agreement. Updated terms may be made available on request or through the Company’s usual communication channels.
Any changes to the agreed scope of work, price, or schedule must be confirmed by the Company. Verbal agreements will not take effect unless confirmed by the Company.
15. Termination
Either party may terminate an ongoing maintenance arrangement by giving reasonable notice in accordance with any minimum term or notice period agreed at the outset.
The Company may terminate the Agreement immediately if the Client commits a serious breach of these Terms and Conditions, fails to make payment when due, or behaves in a manner that is abusive, threatening, or otherwise unacceptable toward staff or contractors.
On termination, the Client must pay for all Services already provided and for any materials specially ordered that cannot be returned.
16. Governing Law and Jurisdiction
These Terms and Conditions and any Agreement between the Client and the Company are governed by and interpreted in accordance with the laws of England and Wales.
The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter, except where consumer laws provide otherwise.
17. Severability
If any provision or part-provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion will not affect the rest of these Terms and Conditions.
18. Entire Agreement
These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior understandings, promises, or representations, whether oral or written, relating to the subject matter of the Agreement.
By proceeding with a booking or allowing work to commence, the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.