Gardeners Hatch End Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Hatch End provides gardening and related services. By booking or receiving any service from Gardeners Hatch End, 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 individual, business, landlord, tenant, managing agent or other party requesting or receiving services from Gardeners Hatch End.

Company means Gardeners Hatch End, providing gardening and related services.

Services means any gardening, garden maintenance, lawn care, hedge trimming, planting, garden clearance, soft landscaping, or related services provided by the Company.

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

Agreement means the contract between the Client and the Company, comprising these Terms and Conditions and any written or verbal confirmation of the Client’s booking.

2. Scope of Services

The Company provides a range of gardening and garden maintenance services, which may include but are not limited to lawn mowing, hedge trimming, pruning, planting, weeding, garden tidy-ups, seasonal maintenance, soft landscaping and green waste handling.

The specific Services to be provided will be agreed with the Client at the time of booking and confirmed verbally or in writing. Any additional work requested on the day of service is subject to the Company’s discretion, availability and any necessary price adjustment.

3. Booking Process

Bookings may be made by the Client through the Company’s chosen contact and booking channels. The Client must provide accurate information about the Site, including its approximate size, access details, parking availability and any particular requirements or hazards that may affect the Services.

A booking is only considered accepted when the Company confirms the date, approximate time, and scope of Services. Confirmation may be given verbally or in writing. The Company reserves the right to refuse any booking at its sole discretion.

For larger or ongoing projects, the Company may arrange a Site visit before confirming the booking to assess the work required, discuss options, and provide an estimate or quotation.

4. Estimates and Quotations

Any price estimate or quotation provided by the Company is based on the information supplied by the Client and, where applicable, a Site visit. Estimates and quotations are given in good faith but are not fixed unless expressly stated as a fixed-price quotation.

The Company reserves the right to revise an estimate or quotation if the information provided by the Client was incomplete or inaccurate, or if Site conditions differ significantly from those reasonably anticipated or described. In such cases, the Company will inform the Client as soon as reasonably practicable and agree any revised charges before proceeding further.

5. Access to the Site

The Client must ensure that the Company has safe and reasonable access to the Site at the agreed time and date. This includes providing any necessary keys, codes, permits or instructions required to gain entry, and ensuring that gates, pathways and access routes are clear.

If the Company is unable to access the Site, or if the Site is not in a condition that allows the Services to be safely carried out, the Company may charge a call-out or cancellation fee as set out in the cancellation terms below.

The Client is responsible for securing pets, informing neighbours or managing agents where necessary, and ensuring that parking arrangements are available or clearly communicated in advance.

6. Client Responsibilities

The Client must:

Provide accurate information about the Site and the work required.

Ensure that the Site is reasonably clear of personal items, obstructions and hazards that could affect the safe delivery of the Services.

Disclose any known underground services, cables, pipes, irrigation systems or other hidden features that may be affected by gardening work.

Comply with all relevant laws and regulations applying to the Site, including any restrictions imposed by landlords, management companies or local authorities.

Not request the Company or its gardeners to undertake any unlawful activity or to remove plants or features protected by law.

7. Health and Safety

The Company is committed to operating in a safe and responsible manner. The Company reserves the right to refuse or suspend work where, in its reasonable opinion, conditions at the Site present a risk to health or safety, including but not limited to dangerous structures, aggressive animals, hazardous waste, or severe weather conditions.

The Client must promptly inform the Company of any potential risks or hazards at the Site. The Company is not liable for any delay or incomplete performance resulting from health and safety concerns or restrictions beyond its control.

8. Materials, Plants and Equipment

Unless otherwise agreed, the Company will supply all tools and equipment necessary to perform the Services. Where materials, plants or other items are to be supplied by the Company, these will be charged in addition to labour unless expressly included in a fixed-price quotation.

Any materials or plants selected will be chosen in consultation with the Client, taking into account the local climate, soil conditions and the intended use of the garden where reasonably practicable. However, the Company cannot guarantee the long-term performance or survival of plants after completion of the Services, as this depends on factors beyond its control, such as weather, pests, diseases and the Client’s ongoing care.

9. Payments and Charges

Unless otherwise agreed in writing, payment for Services is due immediately upon completion of the work on the day of service. The Company may, at its discretion, require full or partial payment in advance, particularly for larger projects or where substantial materials or plants are to be purchased.

The Company will inform the Client of the applicable rates or agreed price before the commencement of work. All prices are quoted in pounds sterling. Where the Services are ongoing or repeated, the Company may issue periodic invoices as agreed with the Client.

If payment is not made by the due date, the Company reserves the right to charge reasonable late payment fees and interest in accordance with applicable law. The Company may suspend or cancel future bookings if invoices remain unpaid.

10. Cancellations and Rescheduling

The Client may cancel or reschedule a booking by giving the Company reasonable notice. The Company requests at least 24 hours notice for standard gardening visits and may require longer notice for larger works or projects, as specified at the time of booking.

If the Client cancels or reschedules with less than the required notice period, the Company reserves the right to charge a cancellation fee, which may be up to the value of the minimum call-out charge or a reasonable proportion of the quoted price, depending on the nature of the booking and any costs already incurred.

The Company may cancel or reschedule a booking due to severe weather, staff illness, equipment failure or other circumstances beyond its reasonable control. In such cases, the Company will notify the Client as soon as reasonably practicable and offer an alternative date or time. The Company is not liable for any loss or inconvenience arising from such cancellations or delays.

11. Changes to the Scope of Work

If the Client requests additional services or changes to the agreed scope of work during the visit or project, the Company will use reasonable efforts to accommodate the request, subject to availability and practicality.

Any additional work or variations will be charged at the Company’s applicable rates or as otherwise agreed, and may affect the timetable for completion. The Company is under no obligation to carry out work that differs materially from the original booking without revising the price or schedule.

12. Garden Waste and Waste Regulations

The Company will handle green garden waste generated by its Services in accordance with relevant waste regulations and local requirements. Options for dealing with waste will be agreed with the Client in advance, which may include leaving waste onsite in designated areas, placing it in the Client’s garden waste bins, or arranging for removal and disposal.

Where the Company agrees to remove green waste from the Site, an additional charge may apply based on volume, weight, and disposal fees. The Company does not remove certain types of waste, including household rubbish, hazardous materials, soil contaminated with chemicals, or construction debris, unless expressly agreed and legally permissible.

The Client is responsible for ensuring that any instructions regarding waste storage or collection by local authorities are followed where waste is left onsite. The Company accepts no responsibility for penalties or charges arising from the Client’s failure to comply with such requirements.

13. Property Damage and Liability

The Company will exercise reasonable care and skill when carrying out the Services. If the Company causes damage to the Client’s property through proven negligence, it will, at its option, repair the damage or provide reasonable compensation, subject to the limitations set out in these Terms and Conditions.

The Company is not liable for:

Minor or cosmetic damage that is proportionate to the nature of gardening work, such as light scuffing to pathways or fences where access is limited.

Damage resulting from pre-existing defects, poor construction, hidden services, or features not disclosed by the Client.

Damage arising from tools or machinery being used in areas where the Client has requested work despite a risk to delicate surfaces or items.

14. Limitation of Liability

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

Subject to the above, the Company’s total liability to the Client for any loss or damage arising out of or in connection with the Services, whether in contract, tort or otherwise, shall not exceed the total amount paid or payable by the Client for the specific booking or project giving rise to the claim.

The Company is not liable for any indirect or consequential loss, including loss of enjoyment, loss of profits, loss of anticipated savings, or loss arising from delays, except where such liability cannot be excluded by law.

15. Complaints

If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, and in any event within a reasonable period after completion of the work. The Company will investigate and, where appropriate, arrange a revisit or take other reasonable steps to address the concern.

The Client must give the Company a reasonable opportunity to inspect and, if necessary, rectify any alleged defect before engaging a third party to carry out remedial work. The Company is not responsible for the cost of remedial work undertaken by others without its prior written consent.

16. Intellectual Property

Any plans, designs, planting schemes, reports, photographs or other materials created by the Company in the course of providing the Services remain the property of the Company unless otherwise agreed in writing. The Client is granted a non-exclusive licence to use such materials solely for the purpose for which they were supplied and in relation to the Site.

17. Force Majeure

The Company is not liable for any failure or delay in performing its obligations under these Terms and Conditions where such failure or delay results from events or circumstances beyond its reasonable control, including but not limited to adverse weather, acts of God, strikes, labour disputes, equipment breakdown, or restrictions imposed by authorities.

18. 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.

19. Amendments to Terms and Conditions

The Company may update or amend these Terms and Conditions from time to time to reflect changes in law, regulation, industry practice or the Company’s operations. The version in force at the time of the Client’s booking will apply to that booking. Continued use of the Services following any update constitutes acceptance of the revised Terms and Conditions.

20. Severability

If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms and Conditions, together with any written or verbal confirmation of the booking, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions, correspondence or understandings.