Gardeners Barnehurst Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Barnehurst to residential and commercial clients within our service area in the United Kingdom. By making a booking, accepting a quotation, or allowing our gardeners to start work at your property, you agree to be bound by these Terms and Conditions.

1. Definitions

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

Client means the individual, company or organisation requesting services from Gardeners Barnehurst.

Company means Gardeners Barnehurst, the gardening services provider.

Services means the gardening, garden maintenance, soft landscaping, clearance, green waste removal, and any other related services supplied by the Company to the Client.

Service Area means the geographic area within which Gardeners Barnehurst offers services, primarily around Barnehurst and surrounding locations in the United Kingdom.

Visit means a single attendance at the Client’s property by the Company to provide the Services.

2. Scope of Services

The Company provides a range of gardening services, which may include lawn mowing, hedge trimming, pruning, weeding, planting, garden tidy-ups, seasonal maintenance, garden clearance, and related garden care within our service area.

The exact scope of Services for each Client will be described in the quotation, booking confirmation, or agreed schedule of works. Any additional services requested on the day of the Visit are subject to availability and may be charged at the prevailing rate.

The Company reserves the right to decline any work which, in its reasonable opinion, is unsafe, unsuitable for the tools and equipment available, or outside its standard service capabilities.

3. Booking Process

3.1 Initial Enquiries

Clients may request information or an estimate by contacting the Company and providing details of the garden size, current condition, and required services. Estimates may be given verbally or in writing and may be subject to change once the gardener attends and assesses the property in person.

3.2 Confirming a Booking

A booking is considered confirmed only when the Company has issued a booking confirmation and, where required, received any requested deposit or pre-payment. The booking confirmation will usually include the anticipated date or time window of the Visit, the type of Services to be carried out, and any special instructions agreed in advance.

3.3 Access Requirements

The Client must ensure that the Company has safe and reasonable access to the garden or external areas at the agreed time, including any necessary keys, gate codes, or instructions. If access is not provided, this may be treated as a late cancellation and charges may apply.

3.4 Regular Maintenance Bookings

For regular maintenance schedules, such as weekly, fortnightly or monthly Visits, dates may vary slightly depending on weather, daylight hours, and operational requirements. The Company will use reasonable efforts to communicate any significant changes to the planned schedule.

4. Quotations and Pricing

4.1 Quotations

Quotations may be based on an hourly rate, a fixed price per Visit, or a fixed price for a project. Quotations are valid for a limited period as stated, or, if no period is stated, for 30 days from the date of issue.

4.2 Changes to Work

If the scope of work changes at the Client’s request or due to conditions on site that were not apparent at the time of quotation, the Company may revise the quotation or charge for additional time and materials. Any such changes will be discussed with the Client before proceeding.

4.3 Minimum Charges

The Company may apply a minimum charge for each Visit, which will be communicated at the time of booking. If the work is completed in less time than the minimum charge, the full minimum amount will still apply.

5. Payments

5.1 Payment Terms

Unless otherwise agreed in writing, payment is due on completion of each Visit or, for larger projects, in accordance with a staged payment plan. The Company may accept various payment methods, which will be notified to the Client.

5.2 Deposits

For certain services, particularly large or multi-day projects, the Company may require a deposit before commencement of work. The deposit amount and payment date will be set out clearly before the booking is confirmed.

5.3 Overdue Payments

If the Client fails to make any payment on the due date, the Company reserves the right to charge reasonable interest on the overdue amount and to suspend or cancel future Visits until full payment is received. The Client will be responsible for any costs reasonably incurred by the Company in recovering overdue sums.

6. Cancellations and Rescheduling

6.1 Client Cancellations

If the Client needs to cancel or reschedule a Visit, they should notify the Company as early as possible. The Company may apply a cancellation charge if less than a specified notice period is given. The applicable notice period and any charges will be communicated during the booking process.

6.2 Company Cancellations

The Company reserves the right to cancel or reschedule a Visit due to adverse weather, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will use reasonable efforts to inform the Client and arrange a new Visit date. No compensation will be payable for any such cancellation or delay, but any pre-paid amounts for the cancelled Visit will either be refunded or applied to a future booking.

6.3 Failure to Provide Access

If the gardener attends the property but cannot gain access to carry out the work, and no prior notice has been given by the Client, this may be treated as a late cancellation. The Company may charge a call-out fee or a proportion of the estimated Visit cost to cover time and travel.

7. Client Responsibilities

The Client agrees to provide accurate information about the property, garden condition, and any known risks or hazards. The Client must ensure that outdoor areas are reasonably clear of personal items, pet waste, and obstacles that would prevent the safe performance of the Services.

The Client is responsible for securing pets and ensuring that children and other occupants keep a safe distance from work areas, machinery, and tools while the Services are being carried out.

The Client must not request the gardener to perform any work that is unsafe, unlawful, or outside the agreed scope of Services.

8. Waste Handling and Environmental Regulations

8.1 Green Waste

As part of gardening work, green waste such as grass cuttings, leaves, weeds, and branches may be produced. Subject to prior agreement, the Company may:

Use the Client’s garden waste bin or compost area if available and suitable; or

Remove green waste from the property for disposal or recycling, which may incur an additional charge.

Any charges for waste removal will be communicated in advance where possible and may depend on volume, weight, and disposal costs.

8.2 Non-Green Waste

The Company is not a general rubbish removal service and will not normally remove non-garden waste such as household rubbish, construction debris, or hazardous materials. If such waste is present and obstructs the work, the Company may decline to proceed or may, at its discretion, agree an additional charge for limited removal, subject to compliance with applicable regulations.

8.3 Compliance with Regulations

The Company will handle and dispose of garden waste in accordance with relevant environmental laws and local regulations. The Client must not request or expect the Company to dispose of waste in any unlawful manner, such as fly-tipping or burning where prohibited.

9. Health and Safety

The Company is committed to carrying out gardening work safely within its service area. The gardener may refuse to carry out any task that they consider unsafe due to weather conditions, site conditions, structural issues, or other risks.

The Client must inform the Company of any relevant hazards, including but not limited to uneven ground, hidden ponds or wells, loose steps, electrical cables, pesticides, or aggressive animals. The Company is not liable for injury or damage arising from undisclosed hazards that it could not reasonably have identified.

10. Liability and Limitations

10.1 General Liability

The Company will exercise reasonable skill and care when providing the Services. If damage is caused to the Client’s property as a direct result of the Company’s negligence, the Client must notify the Company as soon as reasonably possible so that the matter can be investigated. The Company may arrange for repair, replacement, or compensation at its discretion, subject to the limitations below.

10.2 Exclusions

The Company is not liable for:

Damage caused by pre-existing defects, disease, or weakness in plants, trees, lawns, fences, or structures.

Damage or loss arising from instructions given by the Client which are incomplete, inaccurate, or contrary to professional advice.

Natural events or conditions outside the Company’s control, including weather, pests, plant diseases, or seasonal variations affecting plant growth or appearance.

Indirect or consequential loss, such as loss of enjoyment, loss of use, or loss of profits.

10.3 Limitation of Liability

To the fullest extent permitted by law, the total liability of the Company to the Client in respect of all claims arising out of or in connection with the Services shall be limited to the total amount paid by the Client for the Services giving rise to the claim. Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under UK law.

11. Property and Garden Condition

Gardening and maintenance work may involve the use of tools, machinery, and products that can cause minor disturbance to lawns, beds, and surfaces. While the Company will use reasonable care to minimise disruption, the Client acknowledges that some temporary marks, cuttings, or bare patches may occur as part of normal gardening work.

The Company cannot guarantee the survival of plants, turf, or seeds after installation, as this is influenced by factors beyond its control, including weather, watering, soil conditions, and ongoing care by the Client.

12. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as possible, ideally within 48 hours of the Visit. The Company will make reasonable efforts to investigate and resolve the complaint, which may include revisiting the property, carrying out remedial work, or offering a partial credit where appropriate.

Both parties agree to attempt to resolve disputes amicably in the first instance. If a dispute cannot be resolved directly, the parties may consider mediation or other forms of alternative dispute resolution before resorting to legal proceedings.

13. Amendments to Terms

The Company may update or amend these Terms and Conditions from time to time to reflect changes in law, regulations, or business practices. The latest version will apply to new bookings and to ongoing regular maintenance agreements after reasonable notice has been given to the Client.

14. Governing Law and Jurisdiction

These Terms and Conditions, and any disputes or claims 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.

Both the Client and the Company 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 provision of Services within the Company’s service area.

15. 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.

16. Entire Agreement

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