Terms And Conditions

Gardeners Nunhead Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Nunhead provides gardening and related services to residential and commercial clients. By making a booking or allowing work to proceed, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any service.

1. Definitions

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

Client means the person, company or organisation requesting the services.

Company means Gardeners Nunhead, the gardening service provider.

Services means gardening and related services provided by the Company, including but not limited to lawn care, planting, hedge trimming, garden clearance, maintenance, soft landscaping and related works as agreed in writing or verbally.

Visit means an attendance at the Client property by the Company to provide the Services.

Contract means the agreement between the Client and the Company incorporating these Terms and Conditions and any written or verbal confirmation of the Services and price.

2. Scope of Services

The Company will provide the Services as described in the agreed quotation, service description, or booking confirmation. The extent of the work to be carried out, including any limitations or exclusions, will be made clear before the Contract is formed.

The Company reserves the right to decline work that is unsafe, unlawful, or outside its competency or capacity. Any additional work requested by the Client that is not included in the original agreement may be subject to a separate quotation and additional charges.

3. Booking Process

3.1 A booking may be made by the Client by contacting the Company and providing details of the property, the required gardening services and preferred dates and times.

3.2 The Company will provide an estimate or quotation based on the information supplied. Where necessary, the Company may require an initial visit to assess the garden and confirm the scope of work before finalising the quotation.

3.3 A booking is not confirmed until the Client has accepted the quotation or estimate, verbally or in writing, and the Company has accepted the booking. In some cases, the Company may request confirmation in writing.

3.4 The Client is responsible for providing accurate and complete information about the property, access, parking and any particular requirements. The Company is not liable for delays, additional costs or inability to carry out the Services resulting from incomplete or inaccurate information.

3.5 The Company will make every reasonable effort to accommodate preferred dates and times, but all bookings are subject to availability and scheduling constraints, including weather and seasonal factors.

4. Access and Client Obligations

4.1 The Client must ensure that the Company and its staff have safe and reasonable access to the garden or outdoor areas where the Services are to be provided, including access through side passages, gates, communal areas or buildings as required.

4.2 The Client must ensure that pets, children and other occupants are kept clear of areas where work is being carried out for the duration of the Visit.

4.3 The Client must inform the Company of any hazards, restrictions, buried cables, irrigation systems, uneven ground, ponds, or other risks that may affect the safe delivery of the Services.

4.4 The Client must ensure that any necessary permissions, consents or approvals from landlords, neighbours, local authorities or management companies are obtained prior to the start of the Services.

5. Pricing, Estimates and Quotations

5.1 Prices may be given as a fixed quotation for a specified scope of work or as an hourly rate, with or without materials. The applicable basis of charging will be communicated to the Client before the Contract is formed.

5.2 Estimates are provided as a guide only and are not binding. If during the Visit it becomes apparent that the work will differ significantly from the estimate due to site conditions or additional work requested, the Company will seek to agree a revised price with the Client before proceeding.

5.3 All prices are quoted in pounds sterling. Unless explicitly stated otherwise, prices are inclusive of labour and standard equipment. Additional materials, waste removal, specialist equipment or external services may be charged separately.

5.4 The Company reserves the right to adjust prices to reflect changes in material costs, labour rates or other legitimate factors, but will notify the Client of any price change before it affects an existing confirmed booking.

6. Payments

6.1 Unless agreed otherwise, payment is due on completion of each Visit or completed stage of the Services. For ongoing maintenance contracts, payment terms may be monthly or at other agreed intervals.

6.2 The Company accepts payment by commonly used electronic or banking methods. The accepted payment methods will be communicated directly to the Client.

6.3 The Company may require a deposit or part payment prior to commencement of the Services, particularly for larger projects or where materials must be purchased in advance. Any such deposit requirement will be stated in the quotation or booking confirmation.

6.4 If payment is not made by the due date, the Company reserves the right to charge interest on overdue amounts and may suspend or cancel further Visits until outstanding sums are settled.

6.5 The Client must raise any queries or disputes regarding invoices within seven days of receipt. Failure to do so will be deemed acceptance of the invoice as issued.

7. Cancellations and Rescheduling by the Client

7.1 The Client may cancel or request to reschedule a Visit by giving the Company reasonable notice.

7.2 Where a Visit is cancelled or rescheduled by the Client with less than 24 hours notice, the Company reserves the right to charge a cancellation fee of up to the value of the minimum call-out or booked time to cover lost time and scheduling costs.

7.3 Repeated cancellations or rescheduling by the Client may result in the Company declining future bookings or requiring advance payment for subsequent Visits.

7.4 For larger projects or works involving special order materials, the Company may charge for any non-refundable costs incurred up to the time of cancellation, including materials purchased and preparatory work carried out.

8. Cancellations and Rescheduling by the Company

8.1 The Company may need to cancel or reschedule a Visit due to adverse weather, staff illness, vehicle breakdown, supply issues or other circumstances beyond its reasonable control.

8.2 Where the Company cancels a Visit, it will notify the Client as soon as reasonably practicable and offer an alternative date and time. The Company will not be liable for any indirect loss arising from such cancellation.

8.3 In the rare event that the Company is unable to fulfil a Contract for reasons beyond its control, it may cancel the Contract by giving notice to the Client and, where applicable, refunding any deposits or prepayments for Services not yet provided.

9. Garden Waste and Environmental Regulations

9.1 The Company will comply with applicable regulations relating to the handling, storage and transfer of garden waste, soil, turf and other materials arising from the Services.

9.2 Unless expressly included in the quotation, removal and disposal of green waste, soil, rubble, old garden features or other materials is not included in the standard price.

9.3 Where the Client requests waste removal, the Company will advise whether it can provide this service directly and, if so, the additional charge. Alternatively, the Company may recommend that the Client arranges a separate licensed waste collection service.

9.4 Where waste is left on site at the request of, or due to arrangements made by, the Client, the Client is responsible for its final disposal in compliance with local regulations.

9.5 The Company will not be responsible for any penalties or enforcement action arising from the Client's failure to dispose of waste lawfully.

10. Use of Chemicals, Tools and Equipment

10.1 Any use of weed killers, pesticides, fertilisers or other chemicals will be carried out in accordance with relevant safety guidelines and product instructions.

10.2 The Client must inform the Company of any pets, planting plans, or sensitivities that may be affected by the use of such products, so that appropriate alternatives or precautions can be considered.

10.3 The Company will take reasonable care to operate tools and machinery safely. The Client must ensure that no unauthorised person interferes with or attempts to use the Company tools or machinery at any time.

11. Liability and Limitations

11.1 The Company will exercise reasonable skill and care in carrying out the Services.

11.2 The Company is not liable for any pre-existing damage, defects or disease affecting plants, trees, lawns, structures or surfaces at the Client property, or for any consequences that arise from such conditions during or after the provision of the Services.

11.3 The Company will not be liable for damage to hidden or unmarked services, pipes, cables, irrigation systems or other underground installations that were not reasonably apparent or disclosed by the Client.

11.4 The Company is not responsible for the ongoing health or performance of plants, lawns or trees after the Visit, as these can be affected by weather, pests, disease, soil conditions, watering and care regimes beyond the Company control.

11.5 The Company total aggregate liability to the Client for any loss or damage arising under or in connection with the Contract, whether in contract, tort or otherwise, shall not exceed the total price paid or payable by the Client for the specific Visit or portion of the Services giving rise to the claim.

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

12. Complaints and Service Issues

12.1 If the Client is dissatisfied with any aspect of the Services, the Client must inform the Company as soon as possible and, in any event, within 48 hours of completion of the relevant Visit.

12.2 The Company will investigate any complaint and, where appropriate, may rectify the issue or offer a reasonable solution. Access to the property must be granted for any remedial work to be carried out.

12.3 Complaints or issues raised after a substantial period of time may be more difficult to assess, and the Company may not be able to verify the circumstances. In such cases, the Company will act reasonably but cannot guarantee a remedy.

13. Property Damage

13.1 The Company will take reasonable care to avoid damage to property, fixtures and fittings while carrying out the Services.

13.2 Any damage caused directly by the negligence of the Company will, where reasonably possible, be repaired or compensated. The Client must report such damage promptly, providing reasonable evidence and allowing the Company the opportunity to inspect and, if appropriate, remedy the situation.

14. Insurance

14.1 The Company will maintain appropriate insurance cover for its operations in accordance with industry practice and legal requirements.

14.2 Details of insurance cover can be made available to the Client upon reasonable request.

15. Intellectual Property and Photos

15.1 Any plans, designs, planting schemes or recommendations prepared by the Company remain the intellectual property of the Company unless otherwise agreed in writing.

15.2 The Company may, with the Client consent, take photographs of the garden before, during and after the Services for records and potential marketing purposes. Where the Client does not wish images of their property to be used for such purposes, they must inform the Company.

16. Privacy and Data Protection

16.1 The Company will collect and use personal information about the Client, such as name, address and contact details, for the purposes of managing bookings, providing Services and handling payments.

16.2 The Company will take reasonable steps to keep Client information secure and will not sell or knowingly disclose it to third parties except where necessary for the delivery of the Services, for legal reasons or with the Client consent.

17. Force Majeure

17.1 The Company will not be liable for any delay or failure to perform its obligations under the Contract where such delay or failure is due to events beyond its reasonable control, including but not limited to extreme weather, natural disasters, acts of government, strikes, pandemics, or interruptions in supply chains.

17.2 In such circumstances, the Company may suspend or reschedule the Services and will keep the Client informed of the situation as far as is reasonably possible.

18. Amendments to Terms and Conditions

18.1 The Company may update or amend these Terms and Conditions from time to time. The latest version will apply to all new bookings and Contracts entered into after the date of the change.

18.2 Where a change materially affects existing ongoing arrangements, the Company will provide reasonable notice to the Client and seek to agree any necessary adjustments.

19. Governing Law and Jurisdiction

19.1 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.

19.2 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 their subject matter.

20. Entire Agreement

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

20.2 If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary or, if not possible, deleted, and the remaining provisions shall continue in full force and effect.

By confirming a booking or allowing the Services to commence, the Client acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.