Gardeners Barkingside Terms and Conditions of Service
These Terms and Conditions set out the basis on which Gardeners Barkingside provides gardening and related services to residential and commercial clients. By booking or using any of our services, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions
In these Terms and Conditions, the following definitions apply:
Client means the person, company or organisation ordering or using the services.
Company means Gardeners Barkingside, providing gardening and related services.
Services means any gardening, lawn care, landscaping, maintenance, clearance, planting, or related work carried out by the Company.
Site means the garden, land or premises at which the Services are to be carried out.
Agreement means the contract between the Company and the Client for the supply of Services, incorporating these Terms and Conditions and any written quotation or confirmation.
2. Scope of Services
The Company provides gardening and related services, which may include general garden maintenance, lawn cutting, hedge trimming, planting, pruning, garden clearance, soft landscaping and other similar work as agreed with the Client.
The precise scope of the Services will be as described in the quotation or booking confirmation provided to the Client. Any additional work or variation requested by the Client and agreed by the Company may be subject to additional charges.
3. Booking Process
Bookings for Services can be made by contacting the Company and providing details of the required work, the Site location and preferred dates. The Company may request photographs or a site visit to assess the work before confirming a booking.
All bookings are subject to availability. The Company will confirm the booking by issuing a written or verbal confirmation outlining the Services to be provided, the estimated or fixed price, and the scheduled date and time.
The Client is responsible for ensuring that all information given to the Company at the time of booking is accurate and complete. Any changes to the requested Services, access arrangements or Site conditions must be communicated to the Company as soon as possible and may affect pricing and scheduling.
4. Quotations and Pricing
Any quotation provided by the Company is based on the information available at the time and is usually valid for a limited period as stated on the quotation. Quotations may be revised if the Client requests changes or if the Site conditions differ materially from those described or observed during any initial assessment.
Prices may be given as fixed, estimated or hourly. Where hourly rates apply, the Company will charge for the actual time spent delivering the Services, subject to any minimum call-out charge communicated to the Client.
All prices are stated in pounds sterling unless otherwise agreed. The Company reserves the right to adjust prices to reflect changes in costs, tax, regulatory requirements, or any other factor beyond the Companys control, but will inform the Client in advance where such changes affect a confirmed booking.
5. Payments and Invoicing
Payment terms will be communicated to the Client at the time of booking or in the quotation or invoice. The Company may require a deposit prior to commencing work, particularly for larger or multi-day projects, or where materials must be purchased in advance.
Unless otherwise agreed, payment is due immediately upon completion of the Services or upon receipt of invoice. For ongoing or regular maintenance work, the Company may invoice at agreed intervals.
Payment methods accepted will be communicated by the Company and may include bank transfer or other cashless methods. The Client must ensure that payment is made in full and on time. 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 or cancel any further Services until payment is received.
The Company reserves the right to recover from the Client all reasonable costs incurred in the collection of overdue amounts, including any legal or debt recovery fees.
6. Cancellations, Rescheduling and Access
The Client may cancel or reschedule a booking by providing the notice specified by the Company at the time of booking. Where adequate notice is not given, the Company may charge a cancellation fee or a reasonable proportion of the quoted price to cover costs and loss of booking time.
If the Client fails to provide adequate access to the Site at the agreed time, or if the Company is unable to carry out the Services for reasons within the Clients control, this may be treated as a late cancellation and charges may apply. Adequate access includes gated or locked areas, parking where reasonably required, and safe entry to the garden or outdoor spaces.
The Company reserves the right to cancel or reschedule a booking due to circumstances beyond its reasonable control, including but not limited to severe weather conditions, staff illness, equipment failure or safety concerns. In such cases, the Company will seek to rearrange the appointment as soon as reasonably possible.
7. Client Obligations
The Client is responsible for ensuring that the Site is ready for the Services to be carried out. This may include removing personal items, toys, furniture, or any obstacles that could hinder the work or create safety hazards.
The Client must inform the Company of any known hazards, underground services, cables, pipes, or other risks present on the Site, and must provide any relevant plans or information on request. The Company will not be liable for damage to hidden or unmarked services not reasonably identifiable by a visual inspection.
The Client must ensure that children and pets are kept away from the working area while the Services are being carried out, and must follow any safety advice provided by the Company, including guidance on the use of treated lawns, plants, or chemicals where applicable.
8. Supply of Materials and Plants
Where the Company supplies materials, plants or products as part of the Services, these will be of a standard suitable for their intended purpose. Variations in colour, size, shape or appearance of natural materials and plants are normal and do not constitute a defect.
The Company will use reasonable care when recommending or selecting plants, but cannot guarantee the survival, growth or performance of plants once they have been planted, as this will depend on factors beyond the Companys control, including weather conditions, soil quality, watering and Client aftercare.
Ownership of materials and plants supplied by the Company may remain with the Company until payment has been received in full.
9. Garden Waste and Environmental Regulations
The handling and disposal of green waste, soil and other materials will be agreed with the Client in advance. The Company may include waste removal as part of the quotation, or may charge separately depending on the volume and type of waste.
Where waste removal is included or requested, the Company will dispose of it in accordance with applicable waste and environmental regulations. The Client must not request the Company to dispose of waste unlawfully or in a manner that breaches regulations.
If the Client chooses to retain garden waste on Site, for example for composting or reuse, the Client will be responsible for managing and storing that waste. The Company is not liable for any issues arising from waste retained by the Client.
10. Health and Safety
The Company will exercise reasonable care and follow appropriate health and safety practices when carrying out the Services. The Company may refuse to undertake work that it considers unsafe or unsuitable, including work at height or the use of equipment in conditions that pose a risk to staff, the Client or the public.
The Client must co-operate with the Company on all health and safety matters, including allowing the Company to cordon off working areas, restrict access, or temporarily move items if required to complete the work safely.
11. Liability and Limitations
The Company will use reasonable skill and care in providing the Services. If the Client believes that the Services have not been provided with reasonable care and skill, the Client must notify the Company promptly and allow the Company a reasonable opportunity to inspect and, where appropriate, remedy the issue.
To the fullest extent permitted by law, the Companys total liability to the Client for any loss or damage arising under or in connection with the Agreement, whether in contract, tort or otherwise, shall be limited to the total amount paid or payable by the Client for the Services giving rise to the claim.
The Company is not liable for any indirect or consequential loss, including loss of profit, loss of enjoyment of the garden, or any loss arising from events beyond the Companys reasonable control, such as extreme weather, pest infestations, plant diseases or third-party acts.
Nothing in these Terms and Conditions shall limit or exclude the Companys liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
12. Damage to Property
The Company will take reasonable care to avoid damage to property when delivering the Services. The Client must inform the Company of any particularly vulnerable surfaces, structures, ornaments, or installations that require special care.
Minor scuffs, indentations or marks may occur from normal gardening operations, including the use of machinery and movement of materials. Such minor cosmetic damage is considered inherent to the nature of the Services and is not treated as negligence.
Any significant damage caused by the Companys proven negligence should be reported as soon as reasonably possible and, where appropriate, the Company will seek to repair or compensate for the damage, subject to the limitations set out in these Terms and Conditions.
13. Weather and Seasonal Conditions
Gardening work is affected by weather and seasonal conditions. The Company may advise that certain tasks are carried out only at suitable times of the year, or may reschedule work where weather makes it unsafe or impractical to proceed.
The Company is not responsible for the impact of weather or seasonal conditions on plant growth, lawn appearance, or the long-term results of the Services, as these factors are beyond its control.
14. Complaints and Dispute Resolution
If the Client is dissatisfied with any aspect of the Services, the Client should contact the Company as soon as possible, ideally within a reasonable period following completion of the work. The Company may request photographs, a description of the concern and, where necessary, a site visit.
The Company will aim to resolve complaints promptly and fairly, which may include re-performing certain tasks where appropriate. If an issue cannot be resolved between the parties, either party may seek to use an appropriate mediation or legal process.
15. Data Protection and Privacy
The Company may collect and store Clients personal information such as name, address, and contact details for the purpose of arranging and delivering the Services, invoicing, and communication.
The Company will take reasonable steps to keep personal data secure and will not sell personal information to third parties. Personal data may be shared only where necessary for the provision of the Services or where required by law.
16. Amendments to Terms and Conditions
The Company may update or amend these Terms and Conditions from time to time. The current version will apply to all new bookings and ongoing Services where the Client has been notified of the changes.
Continued use of the Services following notification of any changes shall be deemed acceptance of the updated Terms and Conditions.
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, 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.
18. Entire Agreement
These Terms and Conditions, together with any quotation, booking confirmation or written variation agreed between the Company and the Client, constitute the entire agreement between the parties in relation to the Services and supersede any prior understandings or arrangements, whether oral or written.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.