Gardeners South Hornchurch Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners South Hornchurch to residential and commercial customers. By placing a booking or allowing our team to commence work, you agree to be bound by these Terms and Conditions.

These terms are intended to apply in a clear and fair manner and to comply with applicable consumer and commercial legislation in England and Wales.

1. Definitions

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

Customer or you means the person, firm or company who requests and receives the services.

Company, we or us means Gardeners South Hornchurch providing the services.

Services means gardening, garden maintenance, landscaping, clearance and any related works agreed with the customer.

Site or Property means the outdoor area, garden or grounds where the services are to be carried out.

Agreement means the contract formed between the company and the customer incorporating these Terms and Conditions.

2. Scope of Services

2.1 The company provides a range of gardening and outdoor maintenance services, which may include lawn care, hedge trimming, pruning, planting, garden clearance, soft landscaping, pressure washing of hard surfaces and similar works, as agreed in advance.

2.2 The exact scope of services, including tasks, frequency of visits and any specific requirements, will be confirmed in writing or clearly agreed verbally and recorded by the company before work commences.

2.3 Any additional works requested by the customer during or after a visit will be subject to agreement on price and feasibility, and may be carried out during the same visit or scheduled for a later date.

2.4 The company reserves the right to decline any work that it considers unsafe, unsuitable, unlawful or beyond its technical capabilities or available equipment.

3. Booking Process

3.1 Bookings can be made by contacting the company and providing your name, service address, a description of the required work and preferred dates and times.

3.2 The company may request photographs or a site visit prior to confirming a booking, particularly for larger projects or garden clearances, to assess access, volume of work, waste requirements and any health and safety risks.

3.3 A booking is considered accepted when the company confirms the date and time of the visit, together with the agreed pricing basis, either as a fixed price quote or hourly rate estimate.

3.4 For substantial works or multi-day projects, the company may require a written acceptance of a quotation before proceeding, and may request a deposit as set out in section 4 below.

3.5 The customer is responsible for ensuring that the details provided at the time of booking, including access instructions, contact information and service requirements, are accurate and complete.

4. Pricing, Quotes and Payments

4.1 Prices may be provided as either:

a fixed quotation for identified works, based on the information available and any site visit; or

an hourly or daily rate, subject to a minimum charge, plus the cost of materials and waste disposal as applicable.

4.2 All prices will be communicated before work commences. Unless stated otherwise, prices are in pounds sterling and are exclusive of any applicable taxes, which will be added if required by law.

4.3 Quotations are based on the description of the work and the condition of the property at the time of inspection. If, upon arrival, the company finds that the work is substantially different or access is restricted, the company may revise the price or decline the work.

4.4 For larger projects or ongoing regular maintenance agreements, the company may request a deposit before the start date. The deposit amount and payment schedule will be confirmed in advance.

4.5 Unless otherwise agreed, payment is due immediately upon completion of the services on the day of the visit. For business customers with agreed accounts, payment terms will be set out on the invoice.

4.6 Payment methods will be confirmed to the customer at the time of booking or invoicing. The company reserves the right to charge interest on late payments at the statutory rate and to recover any reasonable costs incurred in pursuing overdue amounts.

4.7 The company retains ownership of any supplied materials until payment is received in full. The company may recover or remove materials that have not been paid for where reasonably practicable.

5. Cancellations and Rescheduling

5.1 The customer may cancel or reschedule a booking by giving the company reasonable notice before the scheduled start time.

5.2 For standard visits, the company asks that customers provide at least 24 hours notice of cancellation or rescheduling. For larger projects or multi-day bookings, at least 72 hours notice may be requested. The applicable notice period will be confirmed at the time of booking.

5.3 If the customer cancels or reschedules without providing the required notice, the company reserves the right to charge a cancellation fee, which may be up to the estimated value of the first scheduled visit or a reasonable proportion of the quoted price.

5.4 If the company needs to cancel or reschedule due to weather conditions, staff illness, equipment failure or other unforeseen circumstances, it will notify the customer as soon as reasonably possible and offer an alternative appointment. The company will not be liable for any indirect loss arising from such cancellations.

5.5 In the event that access to the property is not available on arrival, or the company is unable to carry out the work due to circumstances within the customer’s control, this may be treated as a late cancellation and a call-out or cancellation fee may be charged.

6. Access, Site Conditions and Customer Obligations

6.1 The customer must ensure that the company has safe and reasonable access to the site at the agreed time, including any necessary keys, gate codes or parking arrangements.

6.2 The customer should remove or secure items that may be damaged during the works, such as garden ornaments, toys, furniture or other personal property. The company will take reasonable care but cannot be responsible for items left in the working area.

6.3 The customer must inform the company of any known hazards, underground services, cables, pipes, septic tanks, irrigation systems, ponds, or other features that may affect the safety or method of working.

6.4 The customer is responsible for keeping children, pets and other persons away from the immediate working area while services are being carried out, for safety reasons.

6.5 If the site is heavily overgrown, contaminated, or contains hazardous materials, the company may need to revise the quote, apply additional charges or decline to proceed for safety reasons.

7. Waste Removal and Environmental Regulations

7.1 Garden waste removal is not automatically included in all services. The scope of waste clearance and disposal, and any associated charges, will be agreed in advance.

7.2 Where the company agrees to remove garden waste, it will do so in accordance with applicable waste and environmental regulations, using licensed waste carriers or approved disposal sites where required.

7.3 The customer may choose to retain garden waste on site for composting or other uses. In such cases, the company may, where practical, assist in stacking or bagging waste within the agreed working time.

7.4 The company will not remove contaminated or hazardous waste, including but not limited to asbestos, chemicals, oils, paints, sharps, or animal remains. If such items are discovered, the company may suspend work until the customer arranges safe removal by an appropriate specialist.

7.5 The company aims to work in an environmentally responsible manner, including minimising unnecessary waste and using suitable disposal methods. However, the customer remains responsible for any fees, taxes or local authority charges that arise from waste collection where these have been agreed as a customer expense.

8. Tools, Equipment and Materials

8.1 The company will provide the tools and equipment necessary to perform the services unless otherwise agreed.

8.2 Where materials such as plants, turf, soil, fertilisers, aggregates, or timber are supplied, the type, quantity and specification will be agreed in advance, taking into account availability and suitability for the site.

8.3 Living materials, including plants and turf, are subject to natural variations and conditions beyond the company’s control. While reasonable care will be taken in selection, handling and planting, no guarantee can be given that all plants will thrive, as this is also dependent on weather, soil, pests, diseases and aftercare carried out by the customer.

9. Health, Safety and Weather Conditions

9.1 The company will take reasonable steps to carry out the services safely and in accordance with applicable health and safety requirements.

9.2 In extreme or unsafe weather conditions, including heavy rain, storms, high winds, snow or ice, the company may postpone or modify the services to protect staff, customers and property.

9.3 The company may refuse to use certain equipment, such as ladders or powered tools, where it considers that doing so would be unsafe in the circumstances.

10. Liability and Limitations

10.1 The company will exercise reasonable care and skill in providing the services. If the customer is not satisfied with any aspect of the service, they should notify the company as soon as possible so that any reasonable issue can be investigated and, where appropriate, rectified.

10.2 The company is not liable for pre-existing damage or defects to soil, structures, plants, lawns, paving, walls, fences, utilities or other property at the site, nor for damage arising from latent defects or hidden obstructions that could not reasonably have been foreseen.

10.3 Except where liability cannot legally be limited, the company will not be responsible for:

loss of profit, loss of business, or any indirect or consequential loss; or

any loss arising from delays or cancellations due to reasons beyond its reasonable control, including severe weather, accidents, illness, equipment failure, or unavailability of materials.

10.4 Nothing in these Terms and Conditions excludes or limits the company’s liability for death or personal injury caused by negligence, fraud or any other liability that cannot be excluded under applicable law.

10.5 To the extent permitted by law, the company’s total liability to the customer in respect of any claim arising out of or in connection with the services shall be limited to the total price paid or payable for the specific visit or project giving rise to the claim.

11. Insurance

11.1 The company will maintain appropriate public liability insurance for the type of gardening services provided.

11.2 Evidence of insurance can be made available to customers on reasonable request.

12. Complaints and Disputes

12.1 If the customer is dissatisfied with any aspect of the services, they should raise the issue with the company promptly, ideally within 48 hours of the work being carried out, providing clear details and, where possible, photographs.

12.2 The company will review the complaint and, where it considers it reasonable, may offer to revisit the property, rectify issues or propose another form of resolution.

12.3 The company aims to resolve concerns amicably. If a dispute cannot be resolved directly, the parties may consider mediation or other alternative dispute resolution methods before taking formal legal action.

13. Data Protection and Privacy

13.1 The company will collect and use customer data only to the extent necessary to manage bookings, provide services, issue invoices and comply with legal obligations.

13.2 Personal data will be handled in accordance with applicable data protection laws in the United Kingdom. The company will not sell customer data to third parties.

13.3 The customer may request access to, or correction of, their personal information held by the company, subject to legal limitations.

14. Changes to Bookings and Variations

14.1 If the customer wishes to change the scope of the services after a booking is confirmed, they should contact the company as early as possible. The company will advise whether the requested changes are possible and whether any price or timing adjustments are required.

14.2 The company may make minor changes to the services where necessary to comply with legal or safety requirements or to adapt to site conditions, provided that such changes do not materially affect the overall nature of the services.

15. Termination of Ongoing Services

15.1 For regular maintenance agreements with recurring visits, either party may terminate the arrangement by giving reasonable written or verbal notice, typically at least 14 days, unless a different notice period has been agreed.

15.2 The company reserves the right to suspend or terminate services immediately if the customer fails to pay amounts due, behaves abusively towards staff, persistently cancels at short notice, or otherwise materially breaches these Terms and Conditions.

16. Governing Law and Jurisdiction

16.1 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.

16.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising under or in connection with this agreement, subject to any mandatory rights the customer may have as a consumer to bring proceedings in local courts.

17. General Provisions

17.1 If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, and the remaining provisions shall continue in full force and effect.

17.2 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 or any other right or remedy.

17.3 The customer may not assign or transfer their rights or obligations under this agreement without the company’s prior consent. The company may assign or subcontract its rights and obligations where reasonably necessary to deliver the services.

17.4 These Terms and Conditions constitute the entire agreement between the company and the customer in relation to the services, superseding any prior discussions or understandings, whether written or oral, except where otherwise expressly agreed in writing.

By confirming a booking or allowing work to proceed, you acknowledge that you have read, understood and agree to these Terms and Conditions.