Gardeners Surrey Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Surrey provides gardening and related services to domestic and commercial clients. By making a booking, accepting a quotation or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any services.
Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client or you means the person, business, or organisation requesting or receiving services from Gardeners Surrey.
Company, we or us means Gardeners Surrey, the gardening services provider.
Services means gardening and related services supplied by the Company, including but not limited to lawn care, hedge trimming, planting, weed control, maintenance, clearance and related labour.
Site means the garden, land or property at which the Services are to be provided.
Agreement means the contract between the Client and the Company incorporating these Terms and Conditions, any quotation and any written confirmation of booking.
Scope of Services
The Company will provide gardening and related services as agreed with the Client in writing, by message, or verbally and confirmed in writing. The scope may include regular maintenance visits, one off tidy ups, seasonal work, soft landscaping and other services described in any quotation or booking confirmation.
Any description of Services is for general guidance only. The exact nature and extent of the work will be as agreed at the time of quoting or booking. Changes to the agreed scope may affect the price and timescale and will only be carried out with the Clients consent.
Booking Process
Bookings may be requested by the Client via the Companys website, online form, written message or other accepted means of communication. A booking is not confirmed until the Company has accepted it and provided confirmation, which may be by written message, text, or other form of written communication.
The Client may be asked to provide information about the Site, including size, access, current condition and specific requirements. Quotations given on the basis of information supplied by the Client are subject to revision if the information proves to be inaccurate or incomplete.
For larger projects or where necessary, the Company may carry out a Site visit before confirming a quotation. Any appointment for a Site visit will be arranged with the Client in advance.
The Company reserves the right to refuse any booking at its sole discretion, for example where the work requested is unsafe, unsuitable, or outside the normal scope of services offered.
Quotations and Estimates
Quotations or estimates are based on the information available to the Company at the time and are valid for a stated period, or if no period is stated, for 30 days from the date issued. The Company reserves the right to revise quotations where:
Significant changes occur to the Site conditions before work starts.
The Client requests additional or different work.
Unforeseen obstacles or issues are discovered, such as hidden debris, access restrictions or hazardous materials.
Any revisions to price will be communicated to the Client for approval before additional work is undertaken.
Access and Client Obligations
The Client must provide the Company with safe and reasonable access to the Site at the agreed times. This includes ensuring that gates are unlocked or access codes provided, parking is available where reasonably possible, and pets or animals are secured.
The Client must inform the Company of any known hazards or risks at the Site, such as unstable ground, hidden cables or pipes, ponds or water features, or any other safety issues.
The Client is responsible for ensuring that any required permissions, consents or approvals from landlords, neighbours, local authorities or other third parties are obtained before work starts. The Company is not liable for any delay or issue arising from the Clients failure to obtain such permissions.
If the Company arrives on Site and is unable to commence work due to lack of access, safety concerns or other issues within the Clients control, the Company may charge a call out or cancellation fee to cover time and travel costs.
Booking Times and Attendance
The Company will make reasonable efforts to attend the Site on the agreed date and within the agreed time window. However, appointment times are approximate and may be affected by traffic, weather conditions, earlier jobs taking longer than expected or other circumstances beyond the Companys reasonable control.
Where possible, the Company will inform the Client of any significant delay or need to reschedule. The Company shall not be liable for any losses or costs incurred by the Client due to reasonable delays or rescheduling.
Payments and Pricing
Prices for Services will be communicated to the Client in advance, either as a fixed quotation, hourly rate, or combination of both. All prices are stated in pounds sterling unless otherwise specified.
Payment terms will be stated on the quotation or invoice. Unless otherwise agreed in writing, payment is due on completion of the Services for one off work, or after each visit or agreed period for regular maintenance schedules.
The Company accepts payment by standard methods such as bank transfer or other non cash means as agreed with the Client. The Company is not obliged to accept cash payments.
If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate, and to suspend further Services until payment is brought up to date. The Client shall be responsible for all reasonable costs of debt recovery incurred by the Company.
Deposits and Advance Payments
For larger projects or where materials or plants need to be ordered in advance, the Company may require a deposit or advance payment. The amount and due date of any deposit will be clearly notified to the Client.
Where a deposit is taken, the Company will not normally schedule or commence the work until the deposit has been received. Deposits may be used to cover preliminary costs such as ordering materials, reserving labour time and initial planning.
Cancellations and Rescheduling by the Client
If the Client needs to cancel or reschedule a booking, the Client must notify the Company as soon as possible. The following cancellation terms will usually apply unless otherwise agreed in writing:
For regular maintenance visits, at least 24 hours notice is required to cancel or reschedule without charge.
For one off jobs or larger projects, at least 48 hours notice is required before the scheduled start time.
If the Client cancels or reschedules with less than the required notice, the Company may charge a cancellation fee to cover lost time, travel and any non refundable costs incurred. This fee may include all or part of any deposit paid.
Repeated cancellations or last minute changes by the Client may lead the Company to terminate ongoing arrangements for regular services.
Cancellations and Rescheduling by the Company
The Company may need to cancel or reschedule Services due to adverse weather, illness, vehicle breakdown, supply issues or other unexpected events. In such cases, the Company will notify the Client as soon as reasonably practicable and will offer an alternative date or time.
If the Company cancels a booking and is unable to provide an alternative date within a reasonable period, any deposit or advance payment for work not carried out will be refunded to the Client. The Company shall not be liable for any indirect or consequential losses arising from cancellation or rescheduling.
Standards of Work and Materials
The Company will carry out the Services with reasonable care and skill, in a professional manner and in accordance with generally accepted horticultural practices, taking into account the nature and condition of the Site.
Where the Company supplies plants, materials or products, it will take reasonable care to ensure that they are of suitable quality at the time of supply. However, the Company cannot guarantee the long term performance, growth or survival of plants, turf or living materials, as these are subject to factors beyond the Companys control such as weather, pests, disease, soil conditions and aftercare.
The Client is responsible for following any aftercare advice given by the Company in relation to watering, feeding, pruning or other maintenance. The Company is not liable for any deterioration arising from failure to follow such guidance.
Waste Regulations and Garden Waste Removal
The Company will comply with relevant waste and environmental regulations when handling, transporting and disposing of green and general waste generated during the Services.
Unless otherwise stated in the quotation, the standard service involves cutting, pruning and clearing areas, with green waste either left neatly on Site in an agreed location such as a compost area, garden waste bin or corner of the garden, or removed from Site for disposal for an additional charge.
Where waste removal is included or requested, any charges will be clearly set out in the quotation or discussed with the Client. The Company will only remove waste generated by its own work; it is not responsible for removing existing rubbish or materials unless this has been specifically agreed.
The Client must not request the Company to dispose of waste in any unlawful manner. The Company reserves the right to refuse to handle or remove hazardous or prohibited materials. Additional charges may apply if unexpected waste, such as rubble, metal or large quantities of non green waste, is discovered and needs to be removed.
Health and Safety
The Company will take reasonable steps to protect the health and safety of its staff, the Client and members of the public while carrying out the Services. The Client agrees not to interfere with or obstruct the work and to keep children, pets and other persons away from machinery and work areas.
The Client must not ask the Companys staff to undertake any task that may be unsafe, inappropriate or outside the agreed scope of work. The Company may stop work if, in its reasonable opinion, conditions at the Site are unsafe.
Liability and Limitations
The Company will not be liable for any loss or damage arising from circumstances beyond its reasonable control, including adverse weather, force majeure events, or pre existing defects at the Site.
While reasonable care is taken to avoid damage to property, structures and plants, some disturbance may be unavoidable in the course of gardening work. The Client should remove or protect any fragile items or features in the work area in advance. The Company accepts no liability for damage to items left in or around the work area that were not reasonably visible or brought to its attention.
The Companys total liability for any claim arising out of or in connection with the Services shall, to the fullest extent permitted by law, be limited to the total price paid by the Client for the specific Services giving rise to the claim.
Nothing in these Terms and Conditions excludes or limits the Companys liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
Complaints and Remedies
If the Client is dissatisfied with any aspect of the Services, the Client must inform the Company as soon as possible and, where reasonably practicable, within 48 hours of the work being carried out. The Company will investigate the complaint and may request the opportunity to inspect the Site.
Where the Company accepts that the Services have not been provided with reasonable care and skill, it will, at its option, re perform the affected part of the Services, offer a price reduction or provide another appropriate remedy in line with consumer rights legislation.
Intellectual Property
Any designs, plans, planting schemes, schedules or other materials prepared by the Company remain the property of the Company unless otherwise agreed in writing. The Client is granted a non exclusive licence to use such materials for the sole purpose of implementing and maintaining the garden or project at the Site.
Termination
Either party may terminate an ongoing maintenance Agreement by giving reasonable written notice, typically one month, unless a different notice period has been agreed. The Client shall pay for all Services performed up to the termination date.
The Company may terminate the Agreement immediately if the Client fails to pay sums due, commits a material breach of these Terms and Conditions, behaves in an abusive or threatening manner towards staff, or creates unsafe working conditions.
Governing Law and Jurisdiction
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.
The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from or relating to these Terms and Conditions or the provision of the Services.
General Provisions
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
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.
The Client may not assign or transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may assign or subcontract its rights and obligations where this does not materially adversely affect the Client.
These Terms and Conditions, together with any applicable quotation or written agreement, constitute the entire agreement between the parties in relation to the Services and supersede any prior discussions or understandings.
