Terms and Conditions for Gardening Services

These Terms and Conditions set out the basis on which gardening services are provided by Gardeners St Mary Cray. By making a booking, the customer agrees to the arrangements, responsibilities, limitations and payment terms described below. These terms are intended to create a clear and fair framework for both residential and commercial garden work, including routine maintenance, clearance, planting, seasonal care and related outdoor services. They apply to all work unless a separate written agreement states otherwise.

For the purposes of these terms, references to “we”, “us” and “our” mean the gardening service provider, and references to “you” and “your” mean the customer receiving the service. The provisions below should be read carefully before a booking is confirmed. If anything is unclear, the customer should raise it before the appointment is scheduled, as a confirmed booking will be taken as acceptance of these terms.

These terms are designed to support a professional service experience and to set expectations in relation to access, materials, scheduling, payment, safety and legal compliance. They do not affect your statutory rights as a consumer under UK law. Nothing in this document is intended to remove or limit rights that cannot lawfully be excluded.

Booking process begins when the customer makes an enquiry and provides the necessary information about the work required. We may ask for details such as the size of the garden, the nature of the tasks, any access restrictions, whether waste removal is needed, and whether specialist equipment or materials are likely to be required. Any quotation or estimate is based on the information supplied and may be adjusted if the actual site conditions differ materially from what was described.

A booking is only confirmed once we have accepted the request and, where applicable, received any required deposit or written approval. The confirmed date, expected duration and scope of work will be agreed in advance wherever possible. The customer is responsible for ensuring that the property is accessible on the scheduled day and that any necessary permissions have been obtained, including permission from landlords, managing agents or neighbouring property owners where relevant.

We reserve the right to decline or reschedule a booking if conditions are unsafe, if access is inadequate, if the work requested falls outside our service capability, or if the information supplied during booking is incomplete or misleading. If the customer requests changes after booking confirmation, we may revise the price, timing or staffing requirements accordingly. Any such changes will be confirmed before the work proceeds.

Payments are due in accordance with the quotation or invoice issued for the services. Unless otherwise agreed in writing, payment is required on completion of the work. For larger projects, a deposit or staged payments may be requested before work begins. Any deposit requirement will be made clear before confirmation of the booking.

All prices quoted are based on the scope of work agreed at the time of booking. If additional tasks are requested during the visit, or if unexpected conditions increase the time, labour, waste or materials required, an adjusted charge may apply. We will aim to explain any additional cost before proceeding. Where a quotation is given, it may be fixed for a limited period only and may not apply if the booking date is changed or delayed.

Accepted payment methods will be confirmed in advance and may include bank transfer, card payment, or other agreed methods. Late or failed payments may result in suspension of further services and may be subject to reasonable recovery costs where lawful. If payment is not received by the due date, we reserve the right to charge interest on overdue sums at the statutory rate applicable under UK law, where such charges are permitted.

Cancellations and rescheduling should be notified as soon as possible. If the customer cancels a booking with sufficient notice, no cancellation fee may apply, subject to any deposit conditions already agreed. If cancellation occurs after preparatory work has started, or if materials have been ordered specifically for the job, reasonable costs may still be charged.

If the customer is not present at the agreed time and access is not possible, the visit may be treated as a late cancellation or a failed attendance. In such cases, a call-out fee or wasted time charge may apply where reasonable. If weather conditions, safety issues, staff illness or unforeseen operational difficulties prevent us from attending, we will make reasonable efforts to rearrange the service at a suitable time.

Where work is postponed or rescheduled by agreement, any deposit may be transferred to the new date unless the circumstances make that impractical. If a repeated change is requested by the customer, we may revise the quotation or decline the job if a workable arrangement cannot be reached. Our aim is to remain flexible while still protecting the costs incurred in planning and delivering the service.

Liability is limited to the extent permitted by law. We will take reasonable care when carrying out gardening services, but gardening work can involve risks arising from uneven ground, hidden obstacles, fragile surfaces, underground services, weather conditions, plant health, and the use of tools or machinery. The customer is responsible for warning us about known hazards, including buried cables, pipes, drains, sprinkler systems, fragile paving, or any other property features that may affect safe working.

We are not responsible for damage caused by pre-existing defects, structural weakness, unsuitable fixtures, undocumented hazards, or inaccurate information supplied by the customer. Where we are required to work around valuable items, delicate planting, soft landscaping, ornaments, or water features, the customer should inform us in advance so that we can assess whether protective measures are needed. We will not be liable for ordinary wear, natural plant loss, seasonal changes, or outcomes that are inherent to the nature of outdoor work.

Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under UK law. Where liability is lawfully limited, it will be limited to the amount paid for the specific service giving rise to the claim, unless a different cap is stated in a written agreement. Customers are encouraged to insure valuable items or sensitive property features where appropriate.

Waste regulations apply to any green waste, soil, branches, packaging or other materials removed during the service. We will handle waste in a lawful and responsible manner and, where waste removal is included, dispose of it through appropriate channels. The customer must disclose in advance whether waste is to be left on site, collected for removal, or separated for recycling.

Waste arising from gardening services may be subject to UK environmental and duty-of-care requirements. We may ask the customer to confirm the source and type of waste, particularly where the load may contain mixed materials, treated timber, sharp objects, contaminated items or other non-green waste. Any hazardous or regulated waste is not included unless expressly agreed in writing and handled in accordance with applicable law.

Where waste is left for the customer to dispose of, it becomes the customer’s responsibility once the work is complete. If we agree to remove waste, any additional disposal charges, permit costs, tip fees or bagging requirements may be passed on where reasonably necessary. We reserve the right to refuse to move materials that are unsafe, unlawful to transport, or outside the agreed service scope.

Access, property condition and customer responsibilities are important to the proper delivery of the service. The customer must ensure that gates, driveways and working areas are accessible on the agreed day and that pets, children and fragile items are kept clear of the work zone where possible. If keys, codes or escort arrangements are required, these must be arranged in advance and provided securely.

The customer should remove or identify items that could be damaged by routine gardening activity, including ornaments, irrigation fittings, garden furniture, decorations, lighting, cables and concealed fittings. If the garden contains dangerous materials, such as broken glass, sharps, animal waste, asbestos-containing materials or chemical residues, the customer must inform us immediately. We may suspend work until the issue is resolved safely.

Plants, lawns and outdoor surfaces can react unpredictably to weather, pruning, cutting, watering and treatment. Unless specifically included in a written guarantee, we do not promise a particular growth or recovery outcome. Any advice given during the service is offered in good faith, but the customer remains responsible for deciding whether to act on it. We may recommend additional work where it is necessary for safety or to complete the service effectively, but no extra work will be carried out without agreement.

Service standards and variations may apply depending on the type of work requested. Garden maintenance, hedge cutting, lawn care, planting, clearance and related services each have practical limits based on season, weather and site conditions. We will use reasonable skill and care, but the exact result may depend on factors beyond our control, including plant health, soil quality, historic maintenance, infestation, disease, drought, frost and storm damage.

If a service requires specialist tools, multiple visits or cooperation from other contractors, we will try to explain this in advance. Any written description of the work should be treated as the agreed scope. Tasks not listed in the quotation or booking confirmation are not automatically included. Where we identify that a service cannot be completed safely or properly without a change in scope, we may pause and discuss options with the customer.

From time to time, substitutions may be necessary if specific materials or equipment are unavailable. In such cases, we will use reasonable alternatives of similar quality and value where appropriate. Any significant variation will be discussed before implementation. Customers should note that natural materials may vary in colour, texture and growth pattern, and these variations are not defects.

Termination and suspension of services may occur if these terms are breached, if payment is not made, if the site is unsafe, or if behaviour on site makes it unreasonable to continue. We may suspend or end the service immediately if there is abuse, harassment, intentional obstruction, or a serious health and safety concern. Any sums due for work already completed will remain payable.

Either party may end an ongoing service arrangement by giving reasonable notice, unless a fixed-term or project-based agreement states otherwise. If the customer terminates after work has started, the customer must pay for all work carried out up to the point of termination, together with any committed costs reasonably incurred on the customer’s behalf. Advance deposits may be retained to cover such costs where lawful and appropriate.

General legal provisions include the following: no waiver of a breach shall be treated as a waiver of future breaches; if any part of these terms is found unenforceable, the remaining provisions will continue in force; and no person other than the customer and the service provider has rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise.

These terms, and any dispute or claim arising from or in connection with them, are governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction unless the parties agree otherwise in writing. This ensures that the service is delivered under a clear UK legal framework and that any disagreement is resolved in accordance with applicable law.

The parties should first attempt to resolve any issue informally and in good faith. If a complaint or disagreement arises, the customer should provide relevant details so that it can be reviewed fairly. Although we aim to resolve matters promptly and reasonably, nothing in these terms prevents either party from seeking legal advice or pursuing a lawful remedy where necessary.

These Terms and Conditions represent the standard basis of service for Gardeners St Mary Cray and may be updated from time to time to reflect operational changes, legal requirements or improvements to service delivery. The version in force at the time of booking will apply to that booking unless a newer written agreement is expressly accepted by both parties.