Gardeners Hainault Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Hainault provides gardening and related services to residential and commercial clients. By booking or accepting any service from Gardeners Hainault, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the individual, company or organisation requesting and receiving services from Gardeners Hainault.
Company, we, us or our means Gardeners Hainault.
Services means any gardening, garden maintenance, garden clearance, lawn care, hedge trimming, planting, landscaping preparation, or related work carried out by us.
Service Area means the locations in which we agree to provide services, generally within and around Hainault and surrounding UK neighbourhoods, as determined by us from time to time.
Site means the garden, outdoor area or other premises where the services are to be performed.
2. Scope of Services
2.1 The Company provides gardening and related services as described on our service materials or as agreed with you at the time of booking.
2.2 The detailed scope of the services, including any specific tasks, frequency of visits, estimated duration and any special requirements, will be confirmed in writing or verbally before work commences.
2.3 The Company reserves the right to refuse or discontinue any service if the Site is unsafe, access is restricted, or where conditions differ significantly from those described at the time of booking.
3. Booking Process
3.1 Bookings can be requested through our designated contact channels as advertised from time to time. You must provide accurate information about the Site, including size, access arrangements, parking availability and any known hazards.
3.2 All bookings are subject to our acceptance and availability of staff and equipment. A booking is considered confirmed only when we provide a clear confirmation, which may be written or verbal.
3.3 For larger or ongoing projects, we may carry out an initial Site visit and provide an estimate or quotation. Quotations are based on the information available at the time and may be adjusted if the scope of work changes or unforeseen conditions arise.
3.4 It is your responsibility to ensure that access to the Site is available on the agreed date and time. This includes ensuring gates are unlocked, pets are suitably contained and any security arrangements have been made.
4. Estimates, Quotations and Pricing
4.1 Any price indications given before we inspect the Site are estimates only and do not constitute a binding quotation.
4.2 Where we provide a written quotation following an inspection, this will set out the anticipated work and price. Quotations are normally valid for a specified period. If no period is stated, they are valid for 30 days from the date of issue.
4.3 Prices may be calculated on an hourly rate, a fixed fee, or a combination of both, depending on the nature of the work. We reserve the right to apply minimum call-out charges.
4.4 Additional work requested by you or required due to hidden obstacles, severely overgrown areas, or changes in your instructions may be charged separately, and we will notify you wherever reasonably possible before incurring extra charges.
5. Payments and Invoicing
5.1 Unless otherwise agreed, payment for one-off services is due on completion of the work on the same day.
5.2 For regular maintenance services, payment terms will be agreed in advance and may be weekly, fortnightly, monthly or per visit, as specified in our confirmation.
5.3 Payments may be made by the methods we accept from time to time. We do not accept cash payments sent by post.
5.4 We may issue invoices for the services, which will state the amount due and the payment due date. Failure to pay an invoice by the due date may result in suspension of services and the application of late payment charges.
5.5 We reserve the right to charge interest on overdue sums at the statutory rate applicable in England and Wales from the due date until payment is received in full, together with any reasonable costs of collection.
5.6 Title to any goods or materials supplied by us does not pass to you until payment has been received in full.
6. Cancellations, Rescheduling and Access
6.1 If you need to cancel or reschedule a booking, you must notify us as soon as possible.
6.2 For one-off or first-time services, a minimum of 24 hours notice is normally required for cancellation or rescheduling without charge. Where less than 24 hours notice is given, we reserve the right to charge a reasonable cancellation fee, which may be up to the full estimated value of the booked visit.
6.3 For regular maintenance services, we may agree different notice periods, which will be explained at the start of the service. Missed appointments due to lack of access, including locked gates or absent key holders, may be charged as a full visit.
6.4 We reserve the right to cancel or postpone a service due to adverse weather, staff sickness, vehicle or equipment breakdown, safety concerns or any event beyond our reasonable control. In such cases, we will seek to reschedule the appointment as soon as practicable.
6.5 If our staff attend the Site but are unable to carry out the work due to denied or unsafe access, hazardous conditions or incorrect information provided by you, we may charge a call-out fee or the full service amount at our discretion.
7. Client Obligations
7.1 You must ensure that the Site is reasonably clear of obstructions such as toys, garden furniture, pet waste and other items that may impede our work or pose a health and safety risk.
7.2 You are responsible for informing us in advance of any underground services or features such as irrigation systems, power cables, drainage covers, septic tanks or other potential hazards that may affect the services.
7.3 You must keep children and pets away from the working area while our team is on Site, and follow any safety instructions we provide regarding the use of treated areas, chemicals or machinery.
7.4 You agree to provide access to water and electricity where required for the performance of the services, unless otherwise agreed.
8. Waste Removal and Environmental Regulations
8.1 Standard gardening services may include the collection and tidy arrangement of green waste on Site, such as grass cuttings, hedge trimmings and prunings.
8.2 Removal and disposal of green waste away from the Site is not automatically included unless specifically stated in our quotation or confirmation. Where waste removal is requested or required, an additional charge may apply.
8.3 We comply with applicable UK waste and environmental regulations when transporting and disposing of green waste and any other materials. Waste will only be disposed of at authorised facilities or as otherwise permitted by law.
8.4 We do not remove or dispose of hazardous waste, including but not limited to asbestos, contaminated soil, chemicals, oils, or any waste that requires specialist handling. If such materials are discovered on Site, we may suspend services until they are removed by an appropriate contractor.
8.5 Where you choose to manage green waste yourself, it is your responsibility to ensure that disposal is carried out in accordance with local authority and UK regulatory requirements.
9. Use of Materials, Plants and Chemicals
9.1 Any plants, turf, soil, mulch, aggregates, fixtures or other materials supplied by us will be of a quality consistent with normal gardening practice in the UK, subject to natural variation.
9.2 We cannot guarantee the lifespan or performance of living plants or turf, as these are influenced by factors beyond our control, including weather conditions, soil quality, pests, diseases and your maintenance practices after our visit.
9.3 Where we use fertilisers, weed killers, pesticides or other garden chemicals, we will apply them in line with manufacturer instructions and relevant UK regulations. You must follow any aftercare and safety advice we provide.
9.4 Any guarantees or warranties relating to materials supplied will be limited to those provided by the original manufacturer, where applicable.
10. Health and Safety
10.1 We take reasonable steps to ensure that all services are carried out safely and in accordance with applicable UK health and safety legislation.
10.2 Our staff are instructed to stop work if they consider any aspect of the Site or requested service to be unsafe. In such circumstances, we will discuss alternative arrangements with you, which may include additional safety precautions or changes to the scope of work.
10.3 You must not ask our staff to carry out any task that may be unsafe, illegal or outside the normal scope of gardening services, such as working at excessive heights without proper equipment or handling hazardous substances.
11. Liability and Limitations
11.1 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be limited or excluded under UK law.
11.2 Subject to clause 11.1, we shall not be liable for any indirect, consequential or economic loss, including loss of profits, loss of opportunity, or loss of enjoyment arising out of or in connection with the services.
11.3 Our total liability to you for all claims arising out of or in connection with any services, whether in contract, tort including negligence, breach of statutory duty, or otherwise, shall be limited to the total price paid or payable for the specific service giving rise to the claim.
11.4 We are not liable for any damage or loss resulting from inaccurate information provided by you, hidden defects in the Site that we could not reasonably identify, or failure by you to follow our advice or care instructions.
11.5 We are not responsible for any damage caused by adverse weather, natural events, pests, diseases, or acts of third parties beyond our control.
12. Complaints and Service Issues
12.1 If you are dissatisfied with any aspect of our services, you should notify us as soon as reasonably possible so that we can investigate and, where appropriate, take corrective action.
12.2 We may request photographs or a follow-up Site visit to assess any reported issues. Where a complaint is justified and directly related to our performance, we may, at our discretion, re-perform the relevant part of the service or offer a partial refund.
12.3 Any complaint relating to visible work quality should normally be raised within 48 hours of completion of the service to enable us to assess the condition of the Site accurately.
13. Data Protection and Privacy
13.1 We collect and use your personal information to manage bookings, deliver services, issue invoices and communicate with you regarding our work.
13.2 We process your personal data in accordance with applicable UK data protection laws. Your information will not be sold to third parties and will only be shared where necessary for the provision of services, for legal or regulatory purposes, or with your consent.
13.3 You have rights in relation to your personal data, including the right to access certain information we hold about you. Further details are available on request.
14. Changes to Services and Terms
14.1 We may update or vary these Terms and Conditions from time to time. The version in force at the time you make a booking will normally apply to that booking.
14.2 We may make reasonable changes to the services, including pricing and availability, to reflect changes in costs, legal requirements, or operational needs. Where changes materially affect ongoing regular services, we will provide notice to you and, if you do not agree to the changes, you may cancel future services without penalty.
15. Termination of Regular Services
15.1 For ongoing maintenance arrangements, either party may terminate the service by giving the notice period agreed at the start of the service, or if none is specified, by giving at least 14 days notice.
15.2 We may terminate or suspend services immediately if you fail to pay any amount due, breach these Terms and Conditions, or act in a manner that is abusive, threatening or unsafe towards our staff.
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 their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
16.2 You and we 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.
17. General Provisions
17.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, illegal or unenforceable, that provision shall be deemed deleted, but the remaining provisions will continue in full force and effect.
17.2 No waiver by us of any breach of these Terms and Conditions shall be considered a waiver of any subsequent breach.
17.3 You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign or subcontract our rights and obligations where reasonably necessary for the provision of services.
17.4 These Terms and Conditions constitute the entire agreement between you and us in relation to the services and supersede any prior discussions, correspondence or understandings relating to the subject matter.