Gardeners East Barnet Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners East Barnet provides gardening and related services to residential and commercial clients in the United Kingdom. By booking or using any of our services you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

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 services.

Company means Gardeners East Barnet, providing gardening and related services.

Services means any gardening, garden maintenance, landscaping, clearance, waste removal, consultation or associated work carried out by the Company.

Site means the garden, land or property where the Services are to be performed.

Contract means the agreement between the Client and the Company incorporating these Terms and Conditions and any written quotation or confirmation provided by the Company.

2. Scope of Services

The Company provides a range of gardening and outdoor services, which may include but are not limited to lawn care, hedge trimming, pruning, planting, weeding, general garden maintenance, soft landscaping, garden tidy-ups, and green waste handling in accordance with applicable waste regulations.

The specific Services to be carried out, together with any agreed schedule, duration and price, will be set out in a quotation or booking confirmation issued by the Company and accepted by the Client. Any additional work requested on the day, or after commencement of the Services, may be subject to separate charges and time availability.

3. Booking Process

3.1 Enquiries

The Client may contact the Company to request information, a quotation or a provisional booking for Services. The Company may request details about the Site, access arrangements, the nature of the work required and any particular conditions that may affect delivery of the Services.

3.2 Quotations

Any quotation supplied by the Company is based on the information provided by the Client and any Site visit carried out. Quotations are normally valid for a limited period, which will be stated on the quotation. If no period is stated, the quotation will be valid for 30 days from the date of issue. Quotations may be revised if the Client requests changes or if the information supplied was inaccurate or incomplete.

3.3 Acceptance and Formation of Contract

A Contract is formed when the Client confirms acceptance of a quotation or booking, whether verbally or in writing, and the Company confirms the booking and service date, or when the Company commences the Services at the Client’s request. The Client must ensure that all information supplied is accurate, complete and up to date.

3.4 Recurring Services

For ongoing maintenance schedules, the Company may agree regular visits, such as weekly, fortnightly or monthly. These visits will be arranged in advance and may be varied by mutual agreement. Recurring arrangements are subject to these Terms and Conditions, and may be reviewed and adjusted by the Company if the scope of work or conditions on Site change significantly.

4. Access and Client Responsibilities

The Client must ensure that the Company, its employees and contractors have safe and reasonable access to the Site at the agreed times. This includes providing accurate address details, arranging access through gates or communal areas, and advising of any parking restrictions or special requirements.

The Client must ensure that the Site is reasonably clear of obstructions, hazards and animal waste before the Services commence, unless otherwise agreed. The Client is responsible for securing pets and notifying the Company of any known risks, including uneven ground, hidden cables, ponds, fragile structures or other hazards.

If the Company is unable to access the Site or perform the Services due to issues within the Client’s control, the Company reserves the right to charge a call-out fee or the full agreed price for the visit, to cover time and travel costs.

5. Health, Safety and Weather Conditions

The Company will take reasonable steps to carry out the Services in a safe and professional manner, in line with applicable health and safety requirements. However, the Client acknowledges that gardening and outdoor work may be affected by weather conditions and seasonal variations.

The Company reserves the right to postpone, suspend or modify the Services where, in its reasonable opinion, weather or Site conditions make it unsafe or impracticable to proceed, for example during heavy rain, storms, high winds, extreme temperatures or poor visibility. In such circumstances the Company will seek to agree a revised appointment with the Client.

6. Materials, Plants and Products

Where the Company supplies plants, materials or products as part of the Services, these will be of a standard suitable for the intended purpose, taking into account the information known to the Company about the Site and conditions. The Client is responsible for ongoing care of plants following completion of the Services, including appropriate watering, feeding and maintenance, unless otherwise agreed.

Natural products such as turf, plants, soil and aggregates are subject to variations in colour, size and condition. While the Company will use reasonable care in selection, it cannot guarantee identical appearance to any samples or photographs. Plant establishment and growth are subject to factors beyond the Company’s control, including weather, pests, diseases and the Client’s aftercare.

7. Waste Handling and Environmental Regulations

The Company will comply with applicable UK regulations regarding the handling, transport and disposal of garden waste. Unless expressly included in the quotation, the removal of waste from the Site is not automatically included in the price.

Where waste removal is included or requested, the Company will take reasonable steps to segregate and dispose of green waste and other materials in accordance with relevant environmental requirements. The Client agrees not to request the Company to remove or dispose of any hazardous or prohibited materials, including but not limited to chemicals, asbestos, contaminated soil or sharp or dangerous items.

The Client may choose to retain green waste for composting or other lawful use on Site. In such cases, the Client will be responsible for the management and storage of that waste and for any local restrictions that may apply.

8. Prices and Payment Terms

8.1 Pricing

The price for the Services will be as set out in the quotation or as otherwise agreed with the Client. Prices may be based on an hourly rate, a fixed price for a specific job, or a combination of both. The Company reserves the right to review its rates from time to time. Any changes will not affect confirmed bookings already accepted, except where the scope of work has changed.

8.2 Deposits

For certain works, particularly larger projects or those requiring materials to be ordered in advance, the Company may request a deposit prior to commencing work. The amount and due date for any deposit will be stated in the quotation or booking confirmation. The Company is not obliged to start Services or purchase materials until any required deposit has been received in cleared funds.

8.3 Payment Methods and Due Dates

Unless otherwise agreed, payment is due on completion of the Services for one-off visits, or after each visit for recurring Services. For longer projects, stage payments may be agreed and confirmed in writing. Accepted payment methods will be notified to the Client prior to or at the time of booking.

If the Client fails to pay any sum due on the due date, the Company may suspend further Services until payment is received and may charge reasonable interest or administrative fees in line with applicable UK law.

9. Cancellations and Amendments

9.1 Client Cancellations

The Client may cancel or reschedule a booking by providing the Company with reasonable notice. Unless otherwise stated in the quotation or booking confirmation, the Company requests at least 24 hours’ notice for cancellation or rescheduling of a standard visit.

If the Client cancels or reschedules with less than the required notice, the Company reserves the right to charge a cancellation fee, which may be up to the full amount of the scheduled visit, to cover costs and loss of opportunity.

9.2 Company Cancellations

The Company may cancel or reschedule a booking where necessary for operational, safety, staffing or weather-related reasons, or where the Client has not met their obligations under these Terms and Conditions. The Company will endeavour to provide as much notice as reasonably possible and offer an alternative date.

Where the Company is unable to provide the Services on the agreed date and an alternative is not acceptable to the Client, any deposit paid for the affected portion of the work will normally be refunded, unless the cancellation is due to a breach by the Client.

9.3 Changes to Services

If the Client wishes to amend the scope or specification of the Services, they should contact the Company as early as possible. The Company will confirm any revised price, timescale or terms before proceeding with the changes. The Company may decline changes that are not feasible or that would significantly alter the nature of the original agreement.

10. Behaviour and Site Conduct

The Company expects its staff and contractors to act in a professional manner on Site and to treat the Client and their property with respect. Likewise, the Client agrees to treat the Company’s personnel fairly and not to engage in abusive, threatening or discriminatory behaviour. The Company may withdraw its personnel from Site and terminate the Contract if they are subject to unreasonable behaviour or unsafe conditions.

11. Liability and Limitations

11.1 Duty of Care

The Company will exercise reasonable skill and care in providing the Services. If the Client believes that the Services have not been carried out in accordance with the Contract, they should notify the Company promptly and within a reasonable time so that any issues can be investigated and, where appropriate, rectified.

11.2 Exclusions and Limitations

To the fullest extent permitted by UK law, the Company shall not be liable for any indirect, consequential or purely economic loss, including loss of profit, loss of enjoyment or loss of anticipated savings arising from the Services or any delay in the performance of the Services.

The Company’s total liability for direct loss or damage arising under or in connection with the Contract, whether in contract, tort or otherwise, shall be limited to the total price paid or payable by the Client for the specific Services giving rise to the claim.

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 other matter that cannot be limited or excluded under UK law.

11.3 Pre-Existing Conditions and Client Responsibilities

The Company is not responsible for damage resulting from pre-existing defects, weaknesses or instability in the Site, structures, walls, fences, paving, underground services or other features. The Client is responsible for informing the Company of any known underground utilities, irrigation systems, cables or pipes that could be affected by digging or other work.

12. Complaints and Dispute Resolution

If the Client has a concern or complaint about the Services, they should contact the Company as soon as possible, giving clear details of the issue and allowing the Company an opportunity to inspect and, where appropriate, remedy the situation. The Company aims to resolve complaints promptly and fairly.

If a dispute cannot be resolved directly between the parties, either party may seek to use an appropriate mediation or alternative dispute resolution process where both parties agree, or pursue their rights through the courts in accordance with the governing law clause below.

13. Intellectual Property and Use of Images

Any designs, planting schemes, drawings or written materials created by the Company remain the intellectual property of the Company unless otherwise agreed. The Client is granted a licence to use such materials solely for the purpose of maintaining and enjoying the Site.

The Company may, with the Client’s consent, take photographs of the Site before and after the Services for record-keeping and marketing purposes. Such consent may be withdrawn by the Client at any time for future use.

14. Data Protection and Privacy

The Company will handle personal data in accordance with applicable UK data protection laws. The Client’s details will be used for managing bookings, delivering Services, processing payments and communicating about the Contract. The Company will take reasonable steps to keep personal information secure and will not sell Client data to third parties.

15. Termination

Either party may terminate the Contract with immediate effect by giving notice if the other party commits a material breach that is not remedied within a reasonable time after being notified, or becomes insolvent or ceases to trade.

On termination, the Client must pay for all Services provided up to the date of termination, including any costs reasonably incurred by the Company in connection with materials ordered or work already scheduled.

16. Changes to These Terms and Conditions

The Company may revise these Terms and Conditions from time to time to reflect changes in legal, regulatory or operational requirements. Any updated terms will apply to new bookings made after the date of publication. Existing Contracts will continue under the terms in force at the time of booking, unless otherwise agreed with the Client.

17. Governing Law and Jurisdiction

These Terms and Conditions, and any Contract between the Client and the Company, are 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 disputes arising out of or in connection with the Contract or these Terms and Conditions.

By proceeding with a booking or allowing the Company to commence work, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions.