Gardeners Chingford Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Chingford to residential and commercial clients. By making a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before placing an order for services.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Client means the person, company or organisation booking or receiving the services.

Company means Gardeners Chingford, the gardening services provider.

Services means any gardening, garden maintenance, landscaping, clearance or related work carried out by the Company.

Site means the garden, outdoor area or property where the Services are to be provided.

Agreement means the contract between the Client and the Company, formed in accordance with these Terms and Conditions.

2. Scope of Services

The Company provides gardening and related services which may include lawn care, hedge trimming, pruning, planting, weeding, garden tidy-ups, green waste handling, soft landscaping and other agreed tasks. The specific Services to be provided will be agreed with the Client at the time of booking or quotation.

The Company reserves the right to refuse any work that, in its reasonable opinion, is unsafe, unlawful, beyond its professional competence or requires specialist equipment or licences not held by the Company.

3. Booking Process

3.1 Initial enquiry

The Client may request Services by contacting the Company and providing details of the required work, the Site location, access arrangements and any relevant information about the condition of the garden or property.

3.2 Quotations

Where appropriate, the Company will provide either a fixed-price quotation or an estimate based on hourly or daily rates. Quotations are normally valid for 30 days unless stated otherwise. Any quotation is based on the information provided by the Client and any Site visit carried out by the Company.

If the information supplied by the Client is incomplete or inaccurate, or if conditions at the Site differ substantially from those described or observed, the Company reserves the right to revise the quotation or charge for additional work, subject to the Client’s approval.

3.3 Accepting a booking

A booking is confirmed when the Client explicitly accepts the quotation or proposal and receives a confirmation from the Company, which may be provided verbally or in writing. By confirming a booking, the Client accepts these Terms and Conditions.

3.4 Start date and access

The Company will agree a date and time window to attend the Site. All dates and times are approximate and subject to weather conditions, traffic, staff availability and other factors beyond the Company’s reasonable control. The Client must ensure adequate access to the Site on the agreed date, including any keys, gate codes or parking permits required.

4. Client Obligations

The Client agrees to:

Provide accurate information about the Site and the required Services.

Ensure safe and reasonable access to the Site for the Company’s staff, tools and equipment.

Inform the Company of any known hazards, underground cables, pipes, irrigation systems or other features that could be damaged during the work.

Keep pets, children and other individuals away from working areas for health and safety reasons.

Comply with any instructions given by the Company in relation to the use and maintenance of the garden after the Services are completed.

5. Payments and Charges

5.1 Pricing basis

The Company may charge on a fixed-price basis for the entire job, on an hourly or daily rate, or through a regular maintenance plan. The pricing basis will be specified at the time of booking.

5.2 Deposits

For larger projects, materials-heavy work or multi-day bookings, the Company may require a deposit prior to commencement of work. The amount and deadline for payment of any deposit will be communicated to the Client in advance. The Company is under no obligation to start work until any required deposit has been received in cleared funds.

5.3 Payment terms

Unless otherwise agreed in writing, payment is due on completion of the Services on the day of the visit. For ongoing maintenance contracts, payment terms will be set out in the relevant proposal or invoice.

The Company accepts various payment methods as advised at the time of booking or on invoice. The Client is responsible for any bank charges incurred when making payment from outside the United Kingdom.

5.4 Late payment

If the Client fails to make payment by the due date, the Company reserves the right to:

Charge reasonable interest on the overdue amount, calculated on a daily basis until payment is received.

Withhold further Services or cancel future bookings until the outstanding amount is settled.

Recover any costs reasonably incurred in pursuing payment, including collection agency fees or legal costs.

6. Cancellations, Rescheduling and Access

6.1 Cancellations by the Client

If the Client wishes to cancel a booking, they must notify the Company as soon as reasonably possible. The following cancellation terms will usually apply unless otherwise specified in writing:

Cancellations made more than 48 hours before the scheduled start time may be made without cancellation charges.

Cancellations made within 48 hours of the scheduled start time may incur a cancellation fee, which may be up to 50 percent of the quoted price to cover allocated time and lost bookings.

Where the Company has purchased non-returnable materials specifically for the Client’s job, the cost of such materials may be charged in full.

6.2 Rescheduling

The Company will make reasonable efforts to accommodate requests to reschedule a booking. However, rescheduling is subject to availability and may be treated as a cancellation if requested at short notice and cannot be reasonably reallocated.

6.3 Cancellations or delays by the Company

The Company may need to cancel or postpone a booking due to severe weather, staff illness, vehicle breakdown, safety concerns or other circumstances beyond its control. In such cases, the Company will notify the Client as soon as reasonably practicable and offer a new appointment. The Company will not be liable for any indirect loss resulting from such cancellations or delays.

6.4 Access issues

If, on arrival, the Company is unable to gain access to the Site or the work cannot proceed due to reasons within the Client’s control, the Company may charge a call-out or cancellation fee to cover time and travel costs.

7. Health and Safety

The Company will take reasonable care to carry out the Services safely and in accordance with applicable health and safety regulations. The Client must cooperate with any safety instructions given by the Company’s personnel. The Company reserves the right to suspend or refuse to carry out work if, in its opinion, conditions at the Site present an unacceptable risk to staff, the Client or the public.

8. Materials, Plants and Equipment

Unless otherwise agreed, the Company will supply all necessary tools and equipment to perform the Services. Any materials or plants provided will be of a standard consistent with the quotation. Natural variations in plant size, appearance and performance may occur, and the Company does not guarantee the longevity or growth of plants once they have been planted and handed over to the Client’s care.

Title to any materials supplied by the Company will not pass to the Client until full payment has been received. Until then, the Company may remove any such materials if payment is not made, provided it can do so without causing damage to the property.

9. Garden Waste and Environmental Regulations

9.1 Handling of green waste

As part of the Services, the Company may collect and tidy garden waste such as grass cuttings, leaves, branches and other organic material. Unless otherwise agreed, the Company will either bag the waste for the Client to dispose of or remove a reasonable amount of green waste from the Site, subject to capacity, local disposal charges and environmental regulations.

9.2 Waste disposal charges

Where significant quantities of waste need to be removed, additional charges may apply for labour, transport and disposal. Any such charges will be outlined in the quotation where possible or agreed with the Client before proceeding.

9.3 Compliance with regulations

The Company will comply with relevant waste handling and environmental regulations. The Client must not request the Company to dispose of waste illegally or in a manner that contravenes local authority requirements. The Company reserves the right to refuse to remove any waste it reasonably believes to be hazardous, contaminated or outside the scope of normal garden waste.

10. Damage and Liability

10.1 Duty of care

The Company will exercise reasonable skill and care in providing the Services. However, gardening work can involve the use of machinery, tools, chemicals and manual labour, and some minor disturbance to soil, existing plants or surfaces may be unavoidable.

10.2 Limitation of liability

The Company shall not be liable for:

Any pre-existing damage, defects or deterioration at the Site.

Damage arising from inaccurate or incomplete information supplied by the Client.

Damage to hidden or underground services such as pipes, cables or irrigation systems not clearly marked or disclosed by the Client.

Loss or damage arising from the failure of plants, turf or seeds after they have been handed over, where the Client has not followed aftercare advice or where factors beyond the Company’s control, such as pests, disease, weather or soil conditions, are involved.

Any indirect or consequential losses, including loss of enjoyment, loss of profit, loss of value or similar claims.

Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any matter that cannot be limited or excluded under applicable law.

11. Complaints and Quality of Service

The Company aims to provide Services to a professional standard. If the Client is dissatisfied with any aspect of the work, they should notify the Company as soon as possible, ideally within 48 hours of completion of the visit, providing details and, where possible, evidence of the issue.

The Company will investigate the complaint and, where appropriate and reasonable, may offer to rectify the issue, provide additional work, or make a partial refund or reduction. Any remedial work must be agreed in advance and carried out by the Company. The Company will not be responsible for costs incurred by the Client engaging third parties to rectify alleged defects without prior written consent.

12. Insurance

The Company maintains appropriate insurance cover relevant to the Services provided, including public liability insurance. Details of current insurance cover are available on request. The Client is responsible for ensuring they have adequate insurance in place for their property and belongings.

13. Force Majeure

The Company will not be in breach of this Agreement or liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. These may include severe weather, flooding, fire, accidents, strikes, acts of government, epidemics, or interruptions to utilities or transport. In such circumstances, the Company shall be entitled to a reasonable extension of time to fulfil its obligations or may cancel the affected booking without liability.

14. Privacy and Data Protection

The Company will collect and use personal data supplied by the Client for the purposes of handling enquiries, managing bookings, providing Services, issuing invoices and complying with legal obligations. Personal data will be processed in accordance with applicable data protection legislation. The Company will take reasonable steps to keep personal information secure and will not sell personal details to third parties.

15. Termination

Either party may terminate an ongoing maintenance or regular service agreement by giving reasonable notice, usually not less than 14 days, unless otherwise specified in a separate written agreement. The Company may terminate the Agreement with immediate effect if the Client fails to pay amounts due, breaches these Terms and Conditions in a material way, or behaves in an abusive or threatening manner towards staff.

16. Variations to Terms

The Company reserves the right to update or amend these Terms and Conditions from time to time. The version in force at the time of your booking will apply to that booking. Any significant changes will, where practicable, be brought to the attention of existing Clients with ongoing agreements.

17. Governing Law and Jurisdiction

These Terms and Conditions and any Agreement between the Client and the Company shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising in connection with these Terms and Conditions, or the provision of the Services, shall be subject to the exclusive jurisdiction of the courts of England and Wales, although the Company reserves the right to bring proceedings in any other jurisdiction where the Client is domiciled or has assets.

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.