Gardeners Goodmayes Terms and Conditions of Service
These Terms and Conditions set out the basis on which Gardeners Goodmayes provides gardening and related services to residential and commercial customers in the United Kingdom. By making a booking, confirming a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following definitions apply:
Client means the person or organisation requesting and paying for the services.
Company means Gardeners Goodmayes and any gardeners, subcontractors, or employees engaged by it to provide the services.
Services means any gardening, garden maintenance, lawn care, soft landscaping, hedge trimming, pruning, clearance, or related work provided by the Company.
Site means the garden, land, or property at which the services are to be provided.
Agreement means the contract between the Client and the Company comprising these Terms and Conditions and any written quotation or confirmation issued by the Company.
2. Scope of Services
The Company will provide the services as described in its quotation, booking confirmation, or written correspondence with the Client. Any descriptions of services are approximate and for general guidance only. The exact nature and extent of the work will depend on the condition of the Site and the Client's chosen service package.
Any additional work requested by the Client that is not included in the original quotation may be charged at the Companys standard rates or as otherwise agreed in writing before such work is undertaken.
3. Booking Process
3.1 Initial enquiry
The Client may request services by contacting the Company and providing details of the Site, the type of work required, access information, and preferred dates.
3.2 Quotations
Where appropriate, the Company may provide an estimated price based on the information supplied or after a Site visit. Quotations are normally valid for a limited period from the date of issue, as stated in the quotation or confirmed by the Company.
3.3 Acceptance and confirmation
A booking is deemed accepted when the Client confirms their agreement to the quotation or service description and the Company issues a confirmation of the booking. The Agreement is formed at this point, subject to these Terms and Conditions.
3.4 Amendments to bookings
Any changes to booked dates, times, or the scope of services must be requested by the Client as early as reasonably possible. The Company will use reasonable efforts to accommodate changes but cannot guarantee availability. Changes may affect the price.
4. Access and Client Responsibilities
The Client must provide safe and reasonable access to the Site on the agreed date and time, including access to gates, paths, and any areas where work is to be carried out. The Client should ensure that pets and children are kept away from the working area for safety reasons.
The Client must inform the Company of any known hazards, restrictions, underground services, cables, pipes, or other features that could affect the safe delivery of the services. The Company is not responsible for damage arising from hazards or concealed features that were not disclosed or could not reasonably be identified.
Where the services require the use of water or electricity, the Client is expected to provide access to suitable supplies at the Site, unless otherwise agreed.
5. Pricing and Payment Terms
5.1 Pricing
Prices may be provided as a fixed quotation for a defined scope of work or as an hourly or daily rate for general gardening services. All prices are stated in pounds sterling unless otherwise indicated. The Company reserves the right to adjust prices if the Client alters the requested services or if the condition of the Site is significantly different from the description provided.
5.2 Deposits
The Company may require a deposit or part payment in advance for certain services, especially larger jobs or where materials, plants, or equipment must be ordered. Deposits are payable by the date specified by the Company and may be non-refundable or partially refundable as detailed in the Agreement.
5.3 Payment methods and due dates
Payment terms will be specified in the quotation or invoice. Unless stated otherwise, payment is due upon completion of the services or within the time indicated on the invoice. The Company accepts commonly used payment methods as agreed with the Client.
5.4 Late payment
If payment is not received by the due date, the Company reserves the right to charge interest, administration fees, and any reasonable costs incurred in recovering the outstanding amount. The Company may also suspend or cancel future services until payment is received.
6. Cancellations and Rescheduling
6.1 Client cancellations
If the Client wishes to cancel or reschedule a booking, they must notify the Company as soon as possible. The Company may apply a cancellation charge where adequate notice is not provided. As a guideline, cancellations made less than 24 to 48 hours before the scheduled start time may incur a charge up to the full value of the booking, particularly where the Company has turned away other work or incurred costs.
6.2 Company cancellations
The Company reserves the right to cancel or reschedule services due to circumstances beyond its reasonable control, including severe weather, illness, safety concerns, equipment failure, or access issues. The Company will use reasonable efforts to give the Client as much notice as possible and to offer an alternative date. The Company is not liable for any indirect loss arising from such cancellation or rescheduling.
6.3 Weather conditions
Certain gardening and outdoor tasks depend on suitable weather and ground conditions. Where weather makes it unsafe or impractical to carry out the agreed work, the Company may postpone the services and propose a new date without liability for delay.
7. Materials, Plants, and Equipment
Where the Company supplies plants, turf, soil, mulch, or other materials, it will use reasonable skill and care to source suitable products. However, plant growth, survival, and appearance can be affected by factors beyond the Companys control, including weather, pests, diseases, and aftercare. The Company does not guarantee the long-term performance of plants or lawns once the work is completed, unless expressly agreed in writing.
All tools and equipment used by the Company remain the property of the Company. The Client agrees not to use or operate the Companys equipment and to take reasonable care not to damage it while personnel are on Site.
8. Waste Handling and Environmental Compliance
8.1 Green waste removal
The Company will handle garden waste in accordance with applicable waste and environmental regulations in the United Kingdom. The quotation or booking confirmation will state whether green waste removal is included in the price or charged as an additional service.
If waste removal is not included, the Client is responsible for disposing of clippings, branches, soil, and other debris generated by the services, or may request that the Company provide a separate waste removal service at an extra cost.
8.2 Types of waste
The Company normally handles green waste only. Disposal of non-garden waste, such as household rubbish, construction waste, or hazardous substances, is not included unless specifically agreed and may be subject to additional charges and special handling requirements.
8.3 Compliance with regulations
The Company will not carry out any waste disposal or burning that would breach local or national waste, nuisance, or environmental regulations. The Client must not request or require the Company to act in a way that would contravene such regulations.
9. Health and Safety
The Company will take reasonable steps to ensure that services are carried out safely, in line with applicable health and safety requirements. The Client agrees to cooperate with any safety measures, including temporary restrictions on access to certain parts of the Site while work is in progress.
The Client must not ask the Company to operate in unsafe conditions or to use equipment or methods that are not appropriate for the task. If the Company considers that a situation is unsafe, it may suspend or modify the services until the risk is addressed.
10. Liability and Limitations
10.1 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 performed in accordance with the Agreement, they must notify the Company as soon as reasonably possible, and the Company will assess the issue and, where appropriate, offer a remedy.
10.2 Exclusions of liability
The Company is not liable for any indirect, consequential, or economic loss, including loss of enjoyment, loss of profit, loss of business, or loss of opportunity, arising out of or in connection with the services. The Company is not responsible for pre-existing damage, defects, or conditions at the Site.
10.3 Limit of liability
To the fullest extent permitted by law, the Companys total liability arising out of or in connection with the Agreement is limited to the total amount paid or payable by the Client for the specific services giving rise to the claim.
10.4 Damage to property
While the Company will take reasonable care to avoid damage, minor damage to turf, borders, or existing planting may be unavoidable during the normal course of gardening work. The Client acknowledges that some disruption to the appearance of the garden may occur as part of the services.
Nothing in these Terms and Conditions limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence or for fraud.
11. Complaints and Dispute Resolution
If the Client is dissatisfied with any aspect of the services, they should raise the matter with the Company promptly, providing clear details of the concern. The Company will investigate and, where appropriate, propose a solution such as rectification of work, a partial refund, or a future discount. Any agreed remedy will be documented by the Company.
The Company aims to resolve concerns directly with the Client in the first instance. If a dispute cannot be resolved informally, either party may consider other forms of dispute resolution permitted by law.
12. Data Protection and Privacy
The Company may collect and use personal information about the Client, such as name, address, and service details, for the purposes of administering bookings, providing the services, issuing invoices, and maintaining records. The Company will handle such information in accordance with applicable data protection laws in the United Kingdom and will take reasonable steps to keep it secure.
The Client agrees that the Company may contact them using the details provided in relation to current or future services, quotations, and relevant service information. The Client may request that the Company updates or removes their personal information where legally permissible.
13. Intellectual Property and Use of Images
Any photographs or descriptions produced by the Company of work carried out at the Site remain the property of the Company. The Company may use generic images of garden work for promotional or portfolio purposes, while taking reasonable care not to reveal personal data without consent.
The Client must not reproduce or distribute any marketing material or written content produced by the Company without prior permission.
14. Force Majeure
The Company is not liable for any delay or failure to perform its obligations under the Agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control, including but not limited to extreme weather, natural events, strikes, transport disruptions, or legislative changes.
15. Variation of Terms
The Company may update or revise these Terms and Conditions from time to time. The version in force at the time of the Clients booking or quotation acceptance will apply to that Agreement, unless a change is required by law or by mutual written consent.
16. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court or competent authority, that provision shall be deemed removed, and the remaining provisions shall continue in full force and effect.
17. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be 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 dispute or claim arising out of or in connection with these Terms and Conditions or the services provided by the Company.
By proceeding with a booking or permitting the Company to commence work at the Site, the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.