Gardeners Addiscombe Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Addiscombe provides gardening and related services to residential and commercial clients in its service area. By making a booking, accepting a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before booking any service.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the individual, business, or organisation that requests or receives services from Gardeners Addiscombe.
Company means Gardeners Addiscombe, the gardening service provider.
Services means any gardening, garden maintenance, lawn care, planting, clearance, hedge cutting, pruning, landscaping preparation, or other related services supplied by the Company.
Service Area means the locations and neighbourhoods that Gardeners Addiscombe chooses to serve from time to time, which may be updated at the Companys discretion.
Agreement means the contract between the Client and the Company for the supply of Services, comprising these Terms and Conditions and any written quotation or confirmation provided.
2. Booking Process
2.1 Clients may request Services by contacting the Company and providing details of the property, the work required, access arrangements, and preferred dates and times.
2.2 Bookings may be provisional until confirmed by the Company. Confirmation may be given verbally or in writing, and will usually specify the type of service, the estimated duration, and the date and time window for attendance.
2.3 The Company may request photographs, measurements, or a site visit in order to provide an accurate quotation or to assess whether specialist equipment or additional labour is required.
2.4 All bookings are subject to availability. The Company reserves the right to refuse any booking at its discretion, including where the requested work is unsafe, unsuitable for the Services offered, or outside the Service Area.
2.5 The Client is responsible for ensuring that the information provided to the Company during the booking process is accurate and complete. Additional charges may apply if the actual work required differs substantially from the information originally supplied.
3. Quotations and Pricing
3.1 The Company may provide quotations based on an hourly rate, a fixed price, or a combination of both, depending on the nature of the Services.
3.2 Quotations are normally valid for a limited period from the date issued, as specified by the Company. If no period is specified, a quotation will be valid for 30 days, after which the Company may revise its prices.
3.3 Any quotation is based on the information provided by the Client and any site inspection carried out at the time. If unexpected conditions arise, such as concealed waste, extensive overgrowth, or access restrictions, the Company may adjust the price in agreement with the Client before continuing.
3.4 Unless expressly stated otherwise, prices are exclusive of any charges for garden waste removal, disposal fees, parking fees, congestion or clean air zone charges, and any additional materials, all of which may be added to the final invoice.
4. Access and Client Responsibilities
4.1 The Client must ensure that the Company and its staff have safe and reasonable access to the property at the agreed time. This includes providing gate codes, informing any concierge or security staff, and ensuring that any obstacles are removed.
4.2 The Client must secure all pets and ensure that children and other occupants stay clear of the work area while Services are being provided, for their own safety and for the safety of the Companys staff.
4.3 The Client is responsible for notifying the Company of any known hazards at the property, including but not limited to weak structures, unstable surfaces, buried services, or any plants that must not be touched or removed.
4.4 If access is not available at the agreed time, or if the Companys staff are unable to carry out the work due to safety concerns or other circumstances within the Clients control, the Company may charge a call out fee or a percentage of the quoted price to cover time and travel costs.
5. Provision of Services
5.1 The Company will provide the Services with reasonable care and skill, in accordance with industry practice for gardening and garden maintenance in the United Kingdom.
5.2 Time for performance is not of the essence unless expressly agreed in writing. Factors such as weather, traffic, and unforeseen site conditions may affect start and finish times.
5.3 The Company reserves the right to reschedule or suspend Services where necessary for health and safety reasons, severe weather conditions, staff illness, equipment failure, or other events beyond the Companys reasonable control.
5.4 The Company will use its own judgment in relation to horticultural techniques, trimming levels, pruning times, and similar matters, unless the Client provides clear instructions that are agreed as part of the booking. The Company cannot guarantee specific outcomes where they depend on plant health, soil condition, previous treatment, or other external factors.
5.5 Where materials, plants, or products are supplied by the Company, they will aim to source items of suitable quality and appearance. Exact matches of colour, size, or variety cannot always be guaranteed due to seasonal and supplier variations.
6. Payments and Invoicing
6.1 The Client agrees to pay for all Services provided by the Company in accordance with the agreed quotation or rate and these Terms and Conditions.
6.2 The Company may require a deposit or part payment before commencing work, particularly for larger projects or where materials must be ordered in advance. Any such requirement will be communicated at the time of booking.
6.3 For one off jobs, payment is typically due on completion of the work, unless otherwise agreed. For ongoing or regular maintenance, the Company may invoice periodically, such as weekly or monthly.
6.4 Payment methods accepted will be notified by the Company and may include bank transfer, card payment, or other non cash methods. The Client is responsible for ensuring that payments are made to the correct account as specified on invoices or confirmations.
6.5 If the Client fails to pay any sum by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate permitted under United Kingdom law, and to recover reasonable costs associated with debt collection.
6.6 The Company may suspend or cancel further Services if invoices remain unpaid, without prejudice to its right to recover outstanding sums.
7. Cancellations, Rescheduling, and No Show
7.1 The Client may cancel or reschedule a booking by giving the notice required by the Companys cancellation policy, which will usually be communicated at the time of booking.
7.2 If the Client cancels or reschedules with less than the minimum notice period, the Company may charge a cancellation fee or a percentage of the quoted price to cover allocated time, travel costs, and any non refundable expenses incurred.
7.3 If the Company arrives at the property and is unable to gain access, or the Client is not present where required, this may be treated as a late cancellation or no show and a corresponding fee may be charged.
7.4 The Company aims to give reasonable notice if it needs to cancel or reschedule a booking. In such circumstances, the Company will offer an alternative date and time. The Company will not be liable for any costs or losses incurred by the Client due to such changes, other than any refund of prepayments for Services not delivered.
8. Garden Waste and Environmental Regulations
8.1 Unless specifically included in the quotation, the standard Service does not include removal of garden waste from the property. In many cases, the Company will cut or prune and leave the waste neatly bagged or piled for the Clients own disposal.
8.2 If the Client requests garden waste removal, this must usually be agreed in advance and may incur additional charges to cover handling, transport, and disposal fees. The final charge will depend on the type and volume of waste.
8.3 The Company will comply with applicable United Kingdom waste and environmental regulations. Where the Company removes waste, it will take reasonable steps to ensure that waste is disposed of lawfully at an authorised facility.
8.4 The Client must not request or knowingly allow the Company to dispose of waste in any unlawful manner, including fly tipping, burning where prohibited, or placing certain materials in domestic bins contrary to local regulations.
8.5 The Client remains responsible for any waste already present at the property prior to the Services, unless expressly agreed otherwise.
9. Damage, Liability, and Insurance
9.1 The Company will take reasonable care to avoid damage to property, plants, surfaces, and underground services when carrying out the Services. However, the Client acknowledges that some risk is inherent in gardening and maintenance work.
9.2 The Client must clearly identify any hidden or underground services such as pipes, cables, irrigation systems, or tanks located in the areas where work is to be undertaken. The Company will not be liable for damage to such services that are not reasonably apparent or have not been disclosed.
9.3 The Company will not be liable for any indirect, consequential, or economic loss suffered by the Client arising out of or in connection with the Services, including loss of enjoyment, loss of business, or loss of profits.
9.4 To the extent permitted by law, the Companys total liability to the Client in respect of any claim arising out of the Agreement, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the Client for the specific Service giving rise to the claim.
9.5 Nothing in these Terms and Conditions shall limit or exclude the Companys liability for death or personal injury caused by its negligence, fraud, or any other liability which cannot be excluded under United Kingdom law.
9.6 The Company will maintain appropriate insurance cover for its activities as required by law and industry practice. Evidence of such insurance may be provided on request.
10. Complaints and Service Issues
10.1 If the Client is dissatisfied with any aspect of the Services, they should contact the Company as soon as possible, ideally within 48 hours of completion of the work, and provide a clear description of the issue.
10.2 The Company will review the complaint and may arrange a visit to inspect the work. Where the Company considers that the complaint is justified, it may, at its discretion, rectify the work, offer a partial refund, or provide a credit towards future Services.
10.3 The Company will not be responsible for any issues that arise due to the Clients failure to follow aftercare advice, neglect of the garden following the Services, or subsequent work carried out by third parties.
11. Health and Safety
11.1 The Company is committed to operating in a safe manner for the benefit of its staff, clients, and the public. All gardening activities will be undertaken with due regard to relevant health and safety requirements in the United Kingdom.
11.2 The Client must support health and safety measures by keeping access routes clear, ensuring that the work area is reasonably tidy, and following any safety instructions given by the Companys staff.
11.3 The Company may refuse to carry out work that it considers unsafe, including work at heights without appropriate equipment, use of unsuitable ladders, or activities on unstable ground.
12. Intellectual Property and Photographs
12.1 Any designs, plans, or recommendations provided by the Company remain the intellectual property of the Company unless otherwise agreed in writing.
12.2 The Company may occasionally take photographs of the garden or work carried out for records or portfolio purposes. The Company will avoid including identifiable images of people or neighbouring properties without consent. If the Client does not wish photographs to be taken, they should inform the Company in advance.
13. Data Protection and Privacy
13.1 The Company will collect and use personal information provided by the Client, such as name, address, and contact details, for the purpose of delivering the Services, arranging bookings, and managing the relationship with the Client.
13.2 The Company will take reasonable steps to keep personal data secure and will not sell or share such data with third parties except where required to deliver the Services, comply with law, or enforce the Agreement.
14. Changes to These Terms
14.1 The Company may update or amend these Terms and Conditions from time to time. Any updated version will apply to new bookings made after the date of change.
14.2 For ongoing or regular maintenance arrangements, the Company will give reasonable notice of any material changes to these Terms and Conditions. Continued use of the Services after such notice will constitute acceptance of the updated terms.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions and any Agreement between the Client and the Company shall be governed by and construed in accordance with the laws of England and Wales.
15.2 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 the Services provided by the Company.
16. General Provisions
16.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid or unenforceable, that provision shall be deemed deleted and the remaining provisions shall continue in full force and effect.
16.2 No waiver by the Company of any breach by the Client shall be considered as a waiver of any subsequent breach.
16.3 The Agreement is between the Client and the Company. No other person shall have any rights to enforce its terms.
By proceeding with a booking or allowing work to commence, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions for the provision of gardening services by Gardeners Addiscombe.