Gardeners Battersea Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Battersea provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation or allowing work to commence, you agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following definitions apply.
Client means the individual or organisation requesting and accepting the services.
Company means Gardeners Battersea, the gardening service provider.
Services means any gardening, landscaping, lawn care, planting, maintenance, clearance or related work provided by the Company.
Site means the garden, grounds or property where the Services are to be performed.
Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation or service confirmation.
2. Scope of Services
The Company provides general garden maintenance, lawn mowing, hedge trimming, planting, pruning, garden clearance, seasonal tidy ups and related services as agreed with the Client. Any additional work or variations to the agreed Services must be requested and expressly approved by the Company and may be subject to additional charges.
The Company will use reasonable care and skill when delivering the Services, exercising professional judgment in relation to plant care, pruning, use of equipment and the selection of methods suitable for the Site and current conditions.
3. Booking Process
Bookings may be made by contacting the Company and providing details of the requested work, the Site address and preferred dates and times. All bookings are subject to availability and confirmation by the Company.
The Company may propose an on site visit in order to assess the garden, access conditions, waste removal requirements and the scope of work. Following assessment, the Company may provide an estimate or a fixed quotation.
The Agreement is formed when the Client accepts a quotation, confirms a booking date, or allows the Services to commence. The Company reserves the right to decline any booking at its discretion, including where the Site is unsuitable, unsafe or outside the Companys service capacity.
4. Quotations and Estimates
Any quotation or estimate provided by the Company is based on the information made available at the time, including the condition and size of the garden, accessibility and any specific Client requirements.
Quotations may be issued on a fixed price basis for clearly defined works, or on an hourly rate basis for ongoing maintenance and flexible tasks. Estimates are indicative only and may be adjusted if the actual time, materials or waste removal required differs materially from what was reasonably anticipated.
The Company will inform the Client where it becomes apparent that additional work or time is required beyond the original quotation or estimate. Additional work will only proceed with the Clients agreement and may result in revised charges.
5. Access to the Site
The Client must ensure that the Company has clear, safe and reasonable access to the Site for the duration of the booked appointment. This includes access for gardeners, tools, machinery and where necessary vehicles for waste removal.
If access is not available or is significantly restricted at the agreed time, the Company may be unable to perform some or all of the Services. In such circumstances, a call out or cancellation charge may apply in line with these Terms and Conditions.
The Client is responsible for ensuring that gates, doors or access points can be opened and that any security or entry instructions are provided in advance.
6. Client Obligations
The Client agrees to provide accurate information about the Site and any known risks or hazards, including uneven surfaces, fragile structures, underground services, ponds, sharp objects and any previous use of chemicals or pesticides.
The Client must ensure that pets and children are kept away from the working area during the provision of Services, and that any personal items, garden furniture or valuables are moved if necessary to allow safe and efficient working.
The Client agrees not to request the Company to carry out any unlawful activity or to dispose of any prohibited materials and acknowledges that the Company may decline such requests.
7. Fees and Payment
The applicable fees for the Services will be as set out in the relevant quotation, estimate or price list provided to the Client. Unless otherwise stated, prices are in pounds sterling.
The Company may charge for Services on an hourly rate, a day rate, a fixed project price, or a combination of these methods, depending on the nature of the work. Additional charges may apply for green waste removal, specialist machinery, materials and plants.
Payment terms will be communicated at the time of booking or quotation. The Company may require payment on completion of the visit, in advance for certain works, or within a specified period of invoice date. The Client agrees to pay all invoices in full and on time.
Where payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount and to suspend further Services until the outstanding sums are paid in full.
8. Cancellations and Rescheduling
The Client may cancel or reschedule a booking by giving reasonable notice to the Company. The minimum notice period for standard garden maintenance appointments will be communicated at the time of booking. For larger projects or full day works, a longer notice period may apply.
If the Client cancels or reschedules with less than the required notice, the Company may charge a cancellation fee, which may include a portion or all of the expected service charge, particularly where staff and resources have been allocated or materials obtained.
The Company reserves the right to cancel or reschedule bookings due to adverse weather conditions, illness, equipment failure, safety concerns or other circumstances beyond its reasonable control. In such cases, the Company will inform the Client as soon as reasonably practicable and offer an alternative appointment. The Company will not be liable for any indirect or consequential losses arising from such cancellations.
9. Weather and Seasonal Conditions
Gardening work is subject to weather and seasonal constraints. The Company will assess whether it is safe and appropriate to carry out the Services in prevailing conditions. Certain tasks, such as lawn treatments, planting and hedge cutting, may need to be adjusted, postponed or modified according to the season and the health of the garden.
The Company may advise the Client that specific services should not be carried out at a particular time for horticultural reasons or to comply with good gardening practice. The Client acknowledges that following this professional advice may affect the timing of the works but is intended to protect the garden and plants.
10. Equipment and Materials
Unless otherwise agreed, the Company will supply its own tools and equipment to carry out the Services. The Company will maintain its equipment in good working order and use it in a safe and responsible manner.
Where specific plants, materials, composts or products are requested by the Client, these may be charged separately. The Company will take reasonable care in sourcing quality materials but does not provide any warranty as to the long term performance or lifespan of plants and living materials, which depend on factors beyond the Companys control.
11. Green Waste and Other Waste
The handling and disposal of garden waste will be agreed with the Client in advance. Options may include leaving green waste neatly on Site for the Client to use or dispose of, or the Company removing green waste as part of the service for an additional charge.
The Company will comply with applicable waste regulations when transporting and disposing of green waste collected from the Site. The Client acknowledges that disposal costs and regulations may vary depending on the volume and type of waste.
The Company will not remove or dispose of hazardous or prohibited waste, including but not limited to asbestos, chemicals, oils, paint, building rubble containing restricted materials or any substance that cannot be lawfully transported or disposed of as standard green waste. The Client agrees not to mix such materials with garden waste intended for removal.
12. Health and Safety
The Company is committed to the health and safety of its staff, Clients and members of the public. The Company will conduct its work in accordance with relevant health and safety requirements and will take reasonable precautions to minimise risk.
The Client agrees to co operate with any reasonable health and safety instructions given by the Company, including keeping people and pets away from machinery, tools, chemicals or work areas. The Company may suspend work if it considers that continuing would pose an unacceptable risk to safety.
13. Property Damage and Liability
The Company will take reasonable care to avoid damage to the Site, plants, structures, paths and surrounding property while performing the Services. The Client should point out any particularly fragile or valuable items, as well as underground services such as irrigation systems, cables or pipes that could be affected by gardening works.
If damage occurs as a direct result of the Companys negligence, the Company may, at its option, repair the damage, replace the damaged item or offer a reasonable financial contribution towards repairs. The Companys total liability in respect of any single event or series of connected events shall not exceed the total fees paid or payable by the Client for the relevant Services.
The Company is not liable for pre existing defects, weaknesses or conditions at the Site, normal wear and tear, or for damage arising from factors beyond its reasonable control, including extreme weather, pests, diseases, ground movement or third party acts or omissions.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud or any other liability which cannot legally be limited or excluded.
14. Plants, Lawns and Ongoing Results
Gardening involves living plants and natural ecosystems, which are affected by weather, soil, pests, diseases and the Clients ongoing care. While the Company will carry out its work with due care and skill, it cannot guarantee specific results such as plant survival, growth rates, flowering periods, weed elimination or lawn appearance.
The Client is responsible for ongoing watering, feeding and general care of the garden following visits, in line with any advice provided by the Company. Failure to follow reasonable aftercare guidance may affect plant health and lawn condition.
15. Complaints and Service Issues
If the Client has any concerns about the Services, they should inform the Company as soon as reasonably possible, ideally within 48 hours of the work being carried out. The Company will review the matter and, where appropriate, may revisit the Site to inspect and address reasonable issues.
The Company aims to resolve complaints fairly and promptly. However, failure to raise concerns within a reasonable time may limit the options available to correct or address the issue, especially where natural changes in the garden occur over time.
16. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events or circumstances beyond its reasonable control. These may include severe weather, flooding, drought, fire, industrial disputes, power failures, acts of government, public health emergencies, or other unforeseen events.
In such circumstances, the Company may suspend or adjust the Services for the duration of the disruption and will endeavour to resume normal service as soon as reasonably practicable.
17. Privacy and Data
The Company may collect and store personal information about the Client, such as name, address, and service details, for the purpose of managing bookings, providing Services and handling payments. The Company will take reasonable steps to keep such information secure and will not sell personal data to third parties.
The Client consents to the use of their contact details for service related communications, such as appointment confirmations, reminders, invoices and updates about ongoing work.
18. Variation of Terms
The Company may update or amend these Terms and Conditions from time to time. Any revised terms will apply to new bookings and to ongoing Services after reasonable notice has been given to the Client. Continuing to use the Services after such notice constitutes acceptance of the updated terms.
19. Governing Law and Jurisdiction
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.
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.
20. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable by a court or other competent authority, that provision shall be deemed deleted and the remaining provisions shall continue in full force and effect.
21. Entire Agreement
These Terms and Conditions, together with any written quotation, estimate or service confirmation issued by the Company, constitute the entire agreement between the Client and the Company in relation to the Services and supersede all previous discussions, correspondence and understandings.
By making a booking or allowing work to commence, the Client confirms that they have read, understood and agreed to these Terms and Conditions.
