Gardeners Herne Hill Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Herne Hill provides gardening and related services to residential and commercial customers. By booking or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

1. Definitions

In these Terms and Conditions, the following definitions apply:

Client means the individual or organisation requesting and paying for the services.

Company, we, us, our means Gardeners Herne Hill.

Services means any gardening, garden maintenance, landscaping, clearance, or related work carried out by the Company.

Site or Property means the address where the Services are to be performed.

Agreement means the contract between the Client and the Company comprising these Terms and Conditions and any written service description, quotation, or booking confirmation issued by the Company.

2. Scope of Services

2.1 The Company provides a range of gardening services, which may include lawn care, hedge trimming, planting, pruning, weeding, garden tidy-ups, garden clearance, soft landscaping, and related outdoor maintenance.

2.2 The specific Services to be provided will be agreed with the Client at the time of booking and confirmed in writing where reasonably practicable. Any illustrative descriptions or images are for guidance only and do not form part of the Agreement.

2.3 The Company reserves the right to decline work which, in its reasonable opinion, is unsafe, unlawful, beyond the capabilities of the team or equipment available, or otherwise inappropriate.

3. Booking Process

3.1 Bookings may be requested by the Client by phone, via online enquiry forms, or through other channels offered by the Company from time to time.

3.2 The Client will be asked to provide accurate information about the Property, access arrangements, parking availability, and the nature and size of the work required. The Company relies on this information to estimate cost and time. If information provided is incomplete or inaccurate, the Company may adjust the price or duration of the Services accordingly.

3.3 An Agreement will be formed when the Company confirms acceptance of the booking and any applicable quotation, whether orally or in writing. Where a written confirmation is provided, the Client should check all details carefully and notify the Company promptly of any errors.

3.4 For larger or more complex projects, an on-site visit may be required before the Company issues a quotation and booking confirmation. Quotations are normally valid for a limited period as indicated in the quotation.

3.5 The Client must ensure that a person with authority to approve the work and any variations is available at the start of the appointment or able to be contacted promptly during the visit.

4. Access, Parking, and Safety

4.1 The Client must provide safe, reasonable access to the Property on the agreed date and time, including keys, codes, or instructions where required. If access is not available or is unsafe when the team arrives, the Company may charge a call-out or cancellation fee as set out in these Terms.

4.2 The Client is responsible for ensuring that the work area is free from hazards that are within the Client s control, including but not limited to unsecured pets, broken glass, sharp objects, or hazardous waste. The Company may refuse to carry out work until such hazards are removed.

4.3 The Client must inform the Company in advance of any underground services or hidden features, such as cables, pipes, irrigation systems, or buried structures. The Company will not be liable for damage to such items which were not clearly identified or reasonably apparent.

4.4 The Client must ensure that suitable parking is available for the Company s vehicle close to the Property. Any parking charges or permits required are the responsibility of the Client and may be added to the final invoice where applicable.

5. Pricing, Quotations, and Variations

5.1 Services may be charged on a fixed-price basis or at an hourly or daily rate, as specified by the Company at the time of booking or quotation.

5.2 Any quotation provided is based on the information supplied by the Client and any site inspection carried out by the Company. If, during the performance of the Services, it becomes apparent that the work is significantly different in scope or complexity from what was quoted, the Company will inform the Client and agree revised pricing before proceeding further where practicable.

5.3 Additional work requested by the Client on the day of the visit, which was not included in the original booking, may be charged at the prevailing hourly or daily rate or added as a separate fixed price item.

5.4 The Company reserves the right to amend its rates and charges from time to time. Changes will not affect confirmed bookings already accepted, except as otherwise provided in these Terms.

6. Payments and Invoicing

6.1 Unless otherwise agreed, payment for one-off jobs is due immediately upon completion of the Services. For ongoing maintenance contracts, the Company may invoice in arrears or in advance on a weekly, monthly, or other agreed schedule.

6.2 Payment methods will be specified by the Company and may include bank transfer, card payment, or other electronic options. Cash may be accepted only by prior agreement with the Company.

6.3 For certain bookings or larger projects, a deposit or part payment may be required in advance. The amount and timing of such payments will be advised at the time of booking or quotation. The Company is not obliged to commence work until any required deposit has been received.

6.4 If payment is not received by the due date, the Company may charge interest on the overdue amount at the statutory rate or at a reasonable commercial rate, as permitted by law, until payment is made in full. The Company may also suspend further Services until outstanding sums are settled.

6.5 Any dispute regarding an invoice must be raised by the Client in writing within seven days of the invoice date. The Client shall remain liable to pay any undisputed portion of the invoice by the due date.

7. Cancellations, Rescheduling, and No-Show

7.1 The Client may cancel or reschedule a booking by giving reasonable notice to the Company. Unless otherwise specified at the time of booking, at least 24 hours notice is required for cancellations or rescheduling of standard appointments.

7.2 If the Client cancels or reschedules with less than the required notice period, the Company may charge a late cancellation fee, which may be up to the full estimated cost of the planned visit, to cover the time slot reserved and any costs incurred.

7.3 If the Company is unable to attend at the agreed time due to unforeseen circumstances such as severe weather, vehicle breakdown, illness, or other events beyond its reasonable control, it will inform the Client as soon as practicable and arrange a new date and time. The Company shall not be liable for any loss arising from such rescheduling.

7.4 Where the Company attends the Property and is unable to carry out the Services due to lack of access, safety concerns, or other reasons within the Client s control, the visit may be treated as a late cancellation and charged accordingly.

8. Client Obligations

8.1 The Client agrees to cooperate with the Company to enable efficient performance of the Services, including providing clear instructions, access, and any necessary approvals.

8.2 The Client is responsible for securing all valuables and protecting any particularly delicate plants, ornaments, or structures that may be affected by standard gardening activities. The Company will exercise reasonable care but cannot guarantee that all items will remain unaffected.

8.3 Children and pets must be kept away from the immediate work area and any machinery or tools while the Services are being carried out.

9. Waste Removal and Environmental Regulations

9.1 Garden waste generated during the Services may, by prior arrangement, be removed by the Company and disposed of in accordance with applicable waste and environmental regulations.

9.2 Any charge for waste removal will be specified separately or included in the quotation. If no such arrangement is made, garden waste will normally be bagged or left in an agreed location on the Property for the Client to dispose of.

9.3 The Company will not remove hazardous waste, including but not limited to asbestos, contaminated soil, chemicals, or medical waste. If such materials are discovered, the Company may suspend work and advise the Client to engage a specialist contractor.

9.4 The Client acknowledges that waste transport and disposal, particularly when carried out as a commercial service, may be subject to licensing and regulatory requirements. The Company will use suitably licensed facilities and carriers where required by law.

10. Tools, Materials, and Planting

10.1 Unless otherwise agreed, the Company will supply its own tools and standard equipment necessary to carry out the Services.

10.2 Where the Client requests specific materials, plants, or products, the Company may either source these items on the Client s behalf or work with products provided directly by the Client. If the Client supplies materials or plants, the Company shall not be responsible for their quality or suitability.

10.3 The Company does not guarantee the survival or long-term performance of plants, turf, or seeds after installation, as their condition depends on factors beyond the Company s control, including weather, soil conditions, pests, and the Client s maintenance. The Company will, however, take reasonable steps to select healthy stock and carry out planting with reasonable skill and care.

11. Quality of Service and Complaints

11.1 The Company aims to perform the Services with reasonable skill and care consistent with good industry practice for gardening and outdoor maintenance.

11.2 If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as reasonably possible and, in any event, within 48 hours of completion of the relevant work where practicable. The Company will investigate the concern and, where appropriate, may revisit the Property to review the issue.

11.3 If the Company accepts that the Services did not meet the agreed standard, it may, at its discretion, re-perform the affected part of the Services or offer a reasonable price reduction.

12. Liability and Insurance

12.1 The Company holds appropriate insurance cover for its gardening activities. Details of cover may be provided on request.

12.2 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

12.3 Subject to the above, the Company shall not be liable for any indirect, consequential, or economic loss, including loss of profit, loss of enjoyment, or loss of opportunity arising out of or in connection with the Services.

12.4 The Company s total aggregate liability to the Client for any loss or damage arising under or in connection with the Agreement shall not exceed the total fees paid or payable by the Client for the specific Services giving rise to the claim.

12.5 The Company shall not be liable for any damage or loss arising from pre-existing defects or weaknesses in the Property, nor for damage to plants, lawns, or features that were already diseased, infested, or in poor condition prior to commencement of the Services.

13. Force Majeure

13.1 The Company shall not be in breach of the Agreement or liable for delay in performing, or failure to perform, any of its obligations where such delay or failure results from events, circumstances, or causes beyond its reasonable control. These may include extreme weather, natural disasters, strikes, lockouts, accidents, transport disruption, or governmental restrictions.

13.2 In such circumstances, the Company will use reasonable endeavours to inform the Client and to resume the Services as soon as it is reasonably practicable to do so.

14. Data Protection and Privacy

14.1 The Company may collect and process personal data about the Client for the purposes of managing bookings, providing Services, handling payments, and maintaining business records.

14.2 The Company will take reasonable steps to keep such information secure and will not share it with third parties except where necessary to perform the Services, process payments, comply with legal obligations, or where otherwise permitted by law.

15. Termination of Ongoing Services

15.1 For regular or recurring maintenance contracts, either party may terminate the Agreement by giving the other party reasonable written notice, usually not less than 14 days, unless a different notice period has been agreed.

15.2 The Company may suspend or terminate the Agreement with immediate effect if the Client fails to pay sums due, breaches any material term of these Terms, or behaves in a way that is threatening, abusive, or otherwise unacceptable towards the Company s staff.

15.3 On termination, the Client remains liable to pay for all Services carried out up to the date of termination and any committed costs which cannot be recovered.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions, and any dispute or claim 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.

16.2 The parties irrevocably 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 or the Services.

17. General Provisions

17.1 If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or other competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

17.2 The failure or delay by the Company to exercise any right or remedy under these Terms shall not constitute a waiver of that or any other right or remedy.

17.3 The Agreement is between the Company and the Client. No other person shall have any rights to enforce any of its terms.

17.4 The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Client s booking will apply to that booking, unless a change is required by law or expressly agreed between the parties.

By placing a booking with Gardeners Herne Hill or allowing the Services to proceed, the Client confirms that they have read, understood, and agree to these Terms and Conditions.