Gardeners Little Ilford Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Little Ilford provides gardening and related services to residential and commercial customers. By making a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before using our services.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, company or organisation requesting and accepting the provision of services from Gardeners Little Ilford.
Company means Gardeners Little Ilford, the provider of gardening and related services.
Services means gardening, garden maintenance, landscaping, clearance, planting, lawn care, hedge trimming, and any other related work agreed between the Client and the Company.
Visit means each occasion on which the Company attends the Client premises to provide the Services.
Premises means the garden, grounds or property at which the Services are to be provided.
2. Scope of Services
The Company will provide the Services as agreed with the Client during the booking process. The scope of work, including any specific tasks, estimated time on site, and any particular requirements, will be confirmed verbally or in writing before the commencement of the Services.
Any description of Services given by the Company is for guidance only. The exact nature of the work may vary slightly on the day of the Visit, depending on site conditions, weather, access and safety considerations. The Company reserves the right to adapt the method of delivery of the Services to ensure practical, safe and compliant working practices.
3. Booking Process
3.1 Initial Enquiries
Clients may request Services by contacting the Company and providing details of the Premises, the type of work required, and preferred dates and times. The Company may request photographs, measurements or additional information in order to provide an indication of costs or to determine whether a site visit is necessary before quoting.
3.2 Quotations and Estimates
Where possible, the Company will provide a quotation or estimate of costs before confirming a booking. Quotations are based on information supplied by the Client and on normal site conditions. If on attendance the Premises differ significantly, or additional work is requested, the Company may revise the quotation or agree alternative arrangements with the Client.
Unless otherwise stated, quotations are valid for 30 days from the date given. Any acceptance of a quotation after this period may require a re-quote.
3.3 Confirming a Booking
A booking is confirmed when the Client accepts the quotation or estimate and the Company acknowledges the booking. This may be done verbally or in writing. For certain Services, the Company may require a deposit or pre-payment as a condition of confirming the booking. The Company reserves the right to decline any booking at its discretion.
3.4 Regular Maintenance Visits
Where the Client engages the Company for regular maintenance, the parties will agree an approximate schedule for Visits. While the Company will seek to adhere to agreed dates and frequencies, all schedules remain subject to weather, operational constraints and public holidays. Any significant changes will be communicated to the Client as soon as reasonably practicable.
4. Access and Client Responsibilities
The Client is responsible for ensuring that the Company has safe and reasonable access to the Premises at the agreed times. Gates, doors and access routes must be available, and any security arrangements should be communicated in advance.
Clients must inform the Company of any known hazards or risks at the Premises, such as uneven surfaces, fragile structures, hidden cables or pipes, ponds, or areas with restricted access. The Company may refuse to work in any area it considers unsafe.
The Client should ensure that children and pets are kept away from the working areas during Visits and for as long as necessary afterwards, particularly where machinery, tools, chemicals or newly installed features are involved.
5. Materials, Equipment and Plants
Unless otherwise agreed, the Company will provide all necessary tools and equipment to perform the Services. Where materials, plants, turf, aggregates or other items are supplied by the Company, ownership of those items passes to the Client on full payment of the relevant invoice.
If the Client supplies materials or plants, the Company will not be responsible for their quality, suitability or performance. The Company may refuse to use Client supplied products if they are considered unsafe, unsuitable or contrary to applicable regulations.
6. Pricing and Payments
6.1 Pricing
Services may be charged on a fixed price basis, a time and materials basis, or a combination of both, as confirmed at the time of booking. Prices may reflect the size and condition of the garden, complexity of work, access issues, disposal requirements and seasonal factors.
Any additional work requested during a Visit that falls outside the original agreed scope may incur further charges. The Company will seek the Client approval before undertaking significant extra work that will materially affect the final price.
6.2 Payment Terms
Payment is due on completion of each Visit or project, unless alternative terms are agreed in advance. For larger projects or ongoing contracts, the Company may require staged payments or deposits.
Accepted methods of payment will be communicated to the Client during the booking process or on the invoice. The Client is responsible for ensuring that payments are made in full and on time.
6.3 Late Payments
If payment is not received by the due date, the Company may suspend further Services until all outstanding sums are paid. The Company reserves the right to charge interest on overdue amounts in line with applicable UK legislation and to recover reasonable costs incurred in pursuing late payments.
7. Cancellations and Rescheduling
7.1 Client Cancellations
If the Client needs to cancel or reschedule a Visit, the Client should notify the Company as soon as possible. The following will normally apply, unless otherwise agreed:
If more than 24 hours notice is given, the Company will usually reschedule or cancel the Visit without charge.
If less than 24 hours notice is given, the Company may charge a cancellation fee or a proportion of the quoted price to cover lost time and costs.
For larger projects requiring pre-purchased materials or plants, the Company may retain part or all of any deposit paid to cover costs already incurred.
7.2 Company Cancellations
The Company reserves the right to cancel or postpone a Visit due to severe weather, staff illness, safety concerns, access issues, or other circumstances beyond its reasonable control. In such cases, the Company will seek to give as much notice as practicable and will offer an alternative date. The Company will not be liable for any loss arising from such cancellations or delays, but any pre-payments for Services not delivered will either be applied to a rescheduled Visit or refunded.
8. Health, Safety and Weather Conditions
The Company will operate in accordance with applicable health and safety requirements. Use of power tools, ladders, machinery and chemicals will be undertaken only by appropriately trained personnel.
Work may be limited or stopped in adverse weather, including heavy rain, high winds, extreme temperatures, ice or snow, where conditions make it unsafe or impractical to continue. Certain activities such as lawn treatments, planting or painting may need to be rescheduled for weather related reasons. The Company will not be responsible for delays or changes to the schedule arising from such conditions.
9. Waste Removal and Garden Waste Regulations
9.1 Green Waste Handling
As part of the Services, the Company may generate green waste such as grass cuttings, branches, leaves, plants and soil. The handling of such waste will be agreed in advance with the Client.
Where the Client chooses to retain green waste on site for composting or mulching, the Company will, where practical, place it in a designated area agreed with the Client.
9.2 Waste Removal Services
If the Client requests removal of green waste or other debris, this may incur an additional charge to cover transport, disposal fees and handling time. Charges will depend on the volume and type of waste. The Company will comply with relevant UK waste regulations, including transport and disposal requirements.
The Company is not obliged to remove waste that contains hazardous materials, contaminated soil, bulky items, rubble, or materials that cannot be disposed of through normal green waste channels. In such cases, the Client may be advised to use a specialist waste contractor.
9.3 Legal Compliance
The Company will not dispose of waste unlawfully or in a manner inconsistent with environmental regulations. The Client must not request or encourage the Company to dispose of waste in any illegal way, such as fly tipping or burning in prohibited areas.
10. Quality of Service and Complaints
The Company aims to provide a professional and reliable service. If the Client is not satisfied with any aspect of the Services, the Client should raise the issue with the Company within a reasonable time after the Visit, ideally within 48 hours for routine maintenance and within 7 days for project work.
The Company will investigate complaints and, where appropriate, may offer to rectify issues, provide advice or agree a suitable remedy. The Company reserves the right to decline remedial work where the problem results from factors outside its control, such as subsequent weather damage, misuse, lack of upkeep, pest infestation or the natural behaviour of plants and lawns.
11. Liability and Limitations
The Company will exercise reasonable care and skill in performing the Services. However, the following limitations apply:
The Company is not liable for pre existing damage or defects at the Premises, including but not limited to broken fencing, unstable structures, damaged paving or underlying drainage issues.
The Company is not responsible for damage caused by concealed services or objects, such as buried cables, pipes, irrigation systems or other items that were not reasonably apparent or disclosed by the Client.
Where the Company advises on plant selection or positioning, this advice is given in good faith based on typical growing conditions. The Company cannot guarantee plant performance or survival, as this depends on weather, pests, diseases, soil conditions, watering and ongoing maintenance, many of which are outside its control.
To the fullest extent permitted by law, the Company liability for any loss or damage arising from the provision of the Services shall be limited to the amount paid by the Client for the specific Visit or project giving rise to the claim. The Company does not exclude or limit liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot legally be excluded.
The Company will not be liable for any indirect or consequential loss, including loss of enjoyment, loss of anticipated savings, or loss of use of any part of the Premises.
12. Insurance
The Company will maintain appropriate insurance cover for its operations in line with industry practice. Details of cover can be provided on request. The Client is responsible for ensuring that their own property and contents insurance policies provide adequate cover for the Premises and any existing structures, plants or features.
13. Data Protection and Privacy
The Company may collect and store personal information about Clients, including names, addresses, and details of the Premises, for the purpose of providing Services, managing bookings, issuing invoices and handling enquiries. The Company will take reasonable steps to keep such information secure and will not sell personal data to third parties.
The Company may use Client details to communicate information about appointments, service updates and relevant offerings. Clients may request that their details are updated or deleted, subject to any legal or accounting requirements that necessitate retention of certain records.
14. Changes to Services and Terms
The Company reserves the right to modify the range of Services offered, pricing structures and these Terms and Conditions from time to time. Any changes to terms will not affect bookings that have already been confirmed, unless the Client agrees to the updated terms or the changes are required by law.
15. Force Majeure
The Company will not be liable for any failure or delay in performing the Services where such failure or delay results from events, circumstances or causes beyond its reasonable control. This may include severe weather, natural disasters, strikes, accidents, illness, acts of government or interruptions to transport or utilities. In such cases, the Company may suspend Services for the duration of the event and will seek to resume normal operations as soon as reasonably practicable.
16. 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.
The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from or relating to these Terms and Conditions or the Services provided by the Company.
17. General Provisions
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or other competent authority, the remainder of the provisions shall continue in full force and effect.
No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy.
These Terms and Conditions constitute the entire agreement between the Client and the Company in relation to the Services and supersede any previous agreements, understandings or arrangements, whether oral or written, relating to the same subject matter.