Gardeners Orpington Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Orpington provides gardening and related services. 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 engaging our services.

1. Definitions

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

Client means the person, firm or organisation ordering or receiving services from Gardeners Orpington.

Company, we, us or our means Gardeners Orpington, the gardening service provider.

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

Site or Property means the garden, land or premises where the Services are to be carried out.

Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation or service confirmation.

2. Scope of Services

The Company provides gardening and related services including, but not limited to, lawn care, planting, pruning, hedge cutting, garden clearance, soft landscaping and seasonal garden maintenance. The exact scope of Services will be as described in our quotation or service confirmation issued to the Client prior to the commencement of work.

The Company reserves the right to refuse work that is unsafe, unlawful or beyond the practical capability of the Company and its personnel, including where access is restricted or where conditions could pose a risk to health and safety.

3. Booking Process

3.1 Initial enquiry

The Client may request Services by contacting the Company and providing details of the Property, the nature of the work required and preferred dates. The Company may request photographs or arrange a site visit to assess the work required.

3.2 Quotations

Following assessment, the Company may provide a verbal or written quotation describing the proposed Services, estimated time and price. Unless otherwise stated, quotations are valid for 30 days from the date of issue and are subject to site conditions remaining as initially described or observed.

3.3 Acceptance of quotation

A booking is deemed confirmed when the Client accepts the quotation, whether in writing or verbally, and the Company confirms a date or schedule for the work. The Agreement is formed at this point and these Terms and Conditions apply.

3.4 Amendments to bookings

Any changes to the scope of Services or booking details requested by the Client must be agreed with the Company. The Company will confirm any revised pricing or timing. The Company is not obliged to accept amendments and may need to reschedule work depending on availability.

4. Access and Client Responsibilities

The Client must ensure that the Company has safe and reasonable access to the Property at the agreed dates and times. This includes providing any keys, access codes or permissions necessary to enter the garden or external areas where the Services are to be performed.

The Client is responsible for notifying the Company of any hazards at the Property, including uneven surfaces, hidden cabling, underground services, ponds, fragile structures or any other conditions that may affect health and safety or the performance of the Services.

The Client must ensure that pets and children are kept away from the working area while Services are being carried out, and that any vehicles or personal items that could obstruct access or create a safety risk are removed or relocated in advance.

Where the Client fails to provide adequate access or information and the Company is unable to complete the Services, the Company may treat this as a late cancellation or aborted visit and apply the relevant charges as set out in these Terms and Conditions.

5. Health and Safety

The Company and its personnel will take reasonable care to perform the Services safely and in accordance with applicable health and safety requirements. The Company may refuse to carry out any task that, in its reasonable opinion, presents a risk of injury or damage.

The Client agrees not to interfere with or instruct personnel to use equipment, chemicals or methods contrary to the Companys safety procedures. The Client must not ask personnel to undertake work that falls outside the agreed scope or is clearly unsafe, such as using unsuitable ladders, cutting branches near overhead lines or handling hazardous substances not supplied by the Company.

6. Pricing and Payment Terms

6.1 Pricing

Prices for Services may be given as a fixed price, a day rate, an hourly rate or a combination, depending on the nature of the work. Unless explicitly stated, prices exclude disposal charges for green or general waste and any additional materials such as plants, compost, aggregates or fixtures.

Where Services are billed by time, the minimum charge and charging increments will be stated in the quotation or service confirmation. Time spent on site includes setup, pack down and reasonable breaks.

6.2 Deposits

The Company may require a deposit to secure a booking, particularly for larger projects, multi-day works or orders involving significant materials. Deposits are typically payable on acceptance of the quotation and are non-refundable except where the Company cancels the Services without fault on the part of the Client.

6.3 Payment methods

The Company will specify accepted payment methods, which may include bank transfer, card payment or other commonly used payment methods. The Client is responsible for any bank or payment provider charges incurred in making payment.

6.4 Payment due dates

Unless otherwise agreed in writing, payment for one-off or short-duration Services is due on completion of the work on the day of service. For longer projects or ongoing maintenance contracts, the Company may issue interim invoices or recurring invoices in accordance with the agreed schedule.

Invoices are payable within the timeframe stated on the invoice. If no period is stated, payment is due within 7 calendar days of the invoice date.

6.5 Late payment

If the Client fails to pay any amount due by the due date, the Company may charge interest on overdue sums in accordance with applicable law and may suspend or cancel further Services until payment is received in full. The Client shall be liable for any reasonable costs incurred by the Company in recovering overdue amounts, including any legal or debt recovery fees.

7. Cancellations, Rescheduling and Aborted Visits

7.1 Client cancellations

The Client may cancel or reschedule a booking by giving notice to the Company. For standard gardening visits, at least 48 hours notice before the scheduled start time is usually required to avoid cancellation charges. For larger projects or multi-day bookings, a longer notice period may be specified in the quotation.

If the Client cancels or requests rescheduling with less notice than required, the Company reserves the right to charge a cancellation fee, which may be a fixed amount or a percentage of the quoted price, to cover time reserved and any costs incurred.

7.2 Company cancellations

The Company reserves the right to cancel or reschedule Services due to unsafe weather conditions, sickness, equipment failure, access issues beyond the Companys control, or any other circumstances that reasonably prevent the work from being carried out. The Company will notify the Client as soon as practicable and offer an alternative date. The Company will not be liable for any indirect losses arising from such changes.

7.3 Aborted visits

If personnel attend the Property and are unable to gain access, or are otherwise prevented from carrying out the Services due to factors within the Clients control, this may be treated as an aborted visit. In such cases, the Company may charge a call-out fee or a portion of the quoted price to cover time and travel costs.

8. Materials, Plants and Guarantees

Where the Company supplies plants, materials or products, these will be of a standard reasonably suitable for the intended purpose. The Company cannot guarantee the long-term performance or lifespan of plants, as this depends on weather, soil conditions, pests, diseases and aftercare.

The Client is responsible for ongoing watering, feeding, protection and maintenance unless an ongoing maintenance service is expressly included in the Agreement. Any guarantees or aftercare advice provided will be subject to the Client following the recommended care instructions.

9. Waste Handling and Environmental Regulations

9.1 Green waste

By default, green waste such as grass cuttings, leaves and pruned material will be left neatly on site for the Client to dispose of through their own garden waste arrangements, unless specific removal has been agreed.

If the Client requests the removal of green waste, an additional charge may apply to cover handling, transport and disposal costs. The Company will manage and dispose of any removed green waste in accordance with applicable waste and environmental regulations.

9.2 General and hazardous waste

The Company does not ordinarily remove household rubbish, construction debris or hazardous materials such as asbestos, chemicals or contaminated soil. If such materials are encountered, the Company may suspend work in the affected area and advise the Client to arrange specialist disposal.

The Client must not request or permit the Company to dispose of waste in a manner that breaches environmental or local regulatory requirements, including fly-tipping or burning where prohibited.

10. Damage, Liability and Insurance

10.1 Duty of care

The Company will exercise reasonable care and skill in performing the Services and will seek to avoid damage to the Property, plants, fixtures and fittings. However, some minor disturbance to soil, turf, existing plants or surfaces is inherent to gardening work and does not constitute damage.

10.2 Reporting damage

If the Client believes that property has been damaged as a direct result of the Services, the Client must notify the Company as soon as reasonably possible and in any event within 7 days of completion of the relevant work, providing details and evidence where available. The Company will investigate and, where appropriate, offer repair, replacement or other reasonable remedy.

10.3 Limitation of liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, consequential or economic losses, including loss of profit, loss of enjoyment, or loss of use of the Property arising from the performance or non-performance of the Services.

The Companys total liability for any loss or damage arising out of or in connection with the Agreement, whether in contract, tort or otherwise, shall be limited to the total amount paid by the Client for the specific Services giving rise to the claim, except where liability cannot be limited by law.

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

10.4 Existing conditions

The Company is not liable for damage or deterioration caused by latent defects, pre-existing conditions, structural weaknesses, invasive plants, pests or diseases that are not reasonably apparent during a visual inspection. The Company is also not responsible for damage to buried or hidden services that are not clearly marked or disclosed by the Client.

11. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, the Client should raise the issue with the Company as soon as possible so that it can be investigated and addressed. The Company may request an opportunity to inspect the work and, where appropriate, to rectify any defects or shortfalls.

Both parties agree to act in good faith to resolve any disputes arising under the Agreement. If a dispute cannot be resolved informally, the parties may consider mediation or other forms of alternative dispute resolution before taking legal action, although this does not restrict any statutory rights.

12. Data Protection and Privacy

The Company may collect and use personal information such as the Clients name, address and contact details for the purpose of providing Services, managing bookings, issuing invoices and communicating about work. The Company will handle personal data in a manner that is consistent with applicable data protection laws.

The Company will not sell or knowingly disclose the Clients personal data to third parties except where required by law or where necessary to perform the Services, for example by coordinating deliveries of materials.

13. Amendments to Terms and Conditions

The Company may update these Terms and Conditions from time to time to reflect changes in law, industry practice or the operation of the business. The latest version will apply to all new quotations and bookings from the date it is made available. The version in force at the time of booking will apply to that specific Agreement unless a variation is agreed in writing by both parties.

14. Governing Law and Jurisdiction

These Terms and Conditions and any Agreement 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 resolve any disputes or claims arising out of or in connection with these Terms and Conditions, the Agreement or the Services, subject to any mandatory rights the Client may have under applicable consumer protection laws.

15. General Provisions

15.1 Entire agreement

These Terms and Conditions, together with any quotation or written service confirmation, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions, understandings or representations.

15.2 Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if this is not possible, deleted. The remaining provisions shall remain in full force and effect.

15.3 Assignment

The Client may not assign or transfer their rights or obligations under the Agreement without the prior written consent of the Company. The Company may assign or subcontract its rights and obligations, provided that this does not materially reduce the standard of the Services.

15.4 Waiver

No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any such right or remedy prevent any further exercise of it.

By booking Services with Gardeners Orpington, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions.