Gardeners New Southgate Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners New Southgate provides gardening and related services to residential and commercial customers. By placing 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 confirming any service.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings given below.
Customer means the person, firm or organisation requesting services from Gardeners New Southgate.
Company, we, us or our means Gardeners New Southgate.
Services means gardening, garden maintenance, lawn care, hedge trimming, planting, garden clearance, soft landscaping and any other related services provided by us as agreed with the Customer.
Booking means a confirmed arrangement for the provision of Services on a specific date and time, whether one-off or on a recurring basis.
Site or Property means the address or location where the Services are to be carried out.
2. Scope of Services
2.1 The Services will be provided as described in our quotation, booking confirmation or agreed service schedule. Any additional or varied work must be agreed in advance and may be subject to additional charges.
2.2 We reserve the right to refuse any work which, in our reasonable opinion, is unsafe, unlawful, unsuitable for our methods or equipment, or outside our normal scope of business.
2.3 We may provide Services through our own personnel or suitably qualified subcontractors. In all cases, the Services will be delivered in accordance with these Terms and Conditions.
3. Booking Process
3.1 Bookings may be requested by the Customer by phone, online contact form or other method made available by us from time to time. A booking is only confirmed when we have provided written or verbal confirmation and, where applicable, when a required deposit has been received.
3.2 When requesting a booking, the Customer must provide accurate information about the Property, access arrangements, parking availability, and the nature and approximate size of the work required.
3.3 We reserve the right to carry out an initial site visit or request photographs before confirming a quotation or booking, particularly for larger or more complex work.
3.4 Recurring services, such as regular garden maintenance, may be scheduled at agreed intervals. Unless otherwise agreed, such arrangements are ongoing and will continue until cancelled by either party in accordance with these Terms and Conditions.
4. Quotations and Pricing
4.1 Any quotation we provide is based on the information available at the time and is normally valid for 30 days from the date of issue, unless otherwise stated.
4.2 Quotations may be given as a fixed price for the agreed work, a day or hourly rate, or a combination of both, depending on the nature of the Services.
4.3 We reserve the right to revise a quotation or make additional charges if:
a. the information supplied by the Customer was incomplete or inaccurate
b. access to the Property is restricted or delayed
c. the condition of the garden or grounds is significantly different from that described
d. additional work is requested or required to achieve a reasonable outcome.
4.4 All prices are stated in pounds sterling and are exclusive of any applicable taxes which will be added where required by law.
5. Access and Customer Obligations
5.1 The Customer is responsible for providing clear, safe and reasonable access to the Property for our personnel, vehicles, tools and equipment at the agreed time.
5.2 The Customer must ensure that any gates, garages or outbuildings required for access are unlocked and that any entry codes or instructions have been provided in advance.
5.3 The Customer must inform us of any known hazards at or near the Property, including but not limited to unstable structures, concealed cables or pipes, dangerous trees, steep drops, ponds, loose paving, or aggressive animals.
5.4 The Customer is responsible for keeping children and pets away from the working area while Services are being carried out, and for any necessary arrangements to prevent them from interfering with machinery or materials.
5.5 If we are unable to gain access to the Property, or if health and safety concerns prevent us from carrying out the work, we may treat the visit as a cancellation by the Customer and apply the relevant charges described in these Terms and Conditions.
6. Equipment, Materials and Waste
6.1 Unless otherwise agreed, we will supply all usual tools and equipment required to perform the Services. If the Customer requests that we use their own tools or equipment, this is at the Customer's risk and we accept no liability for any resulting damage or malfunction.
6.2 Where agreed, we will supply plants, turf, compost, aggregates, timber and other materials as required. Ownership of such materials will pass to the Customer once full payment has been received.
6.3 We will make reasonable efforts to source healthy and appropriate plants. However, plant growth and survival depend on factors beyond our control, including weather conditions, pests, diseases and the level of care taken by the Customer. We cannot guarantee the long-term performance of living materials.
6.4 Garden waste regulations and local authority rules may affect how waste can be stored, treated, and disposed of. Our standard service does not automatically include removal of green waste or other rubbish unless this is expressly stated in the quotation.
6.5 Where waste removal has been agreed, we will dispose of garden waste, soil and other materials in accordance with applicable regulations and at licensed facilities where required. Additional charges may apply based on volume, weight and disposal fees.
6.6 If waste removal is not included, we will, where practical, bag green waste and leave it at the Property at a location agreed with the Customer, for their own disposal or composting.
7. Payments and Invoicing
7.1 The Customer agrees to pay all fees and charges for the Services in accordance with the quotation, booking confirmation or subsequent agreement.
7.2 We may require a deposit for certain types of work, especially larger projects, installation of materials or where bespoke items must be ordered. The deposit amount and payment schedule will be clearly stated before the booking is confirmed.
7.3 Unless otherwise agreed, payment for one-off Services is due on the day of completion and must be made by an accepted payment method. For ongoing maintenance, we may issue invoices weekly, fortnightly or monthly, in line with the agreed arrangement.
7.4 If payment is not received by the due date, we reserve the right to charge interest on the overdue amount at the statutory rate and to recover any costs reasonably incurred in pursuing late payment.
7.5 We may suspend or cancel further Services if any outstanding invoices remain unpaid without a valid dispute, and we may treat any future bookings as declined until payment issues are resolved.
8. Cancellations and Rescheduling
8.1 The Customer may cancel or reschedule a booking by giving us notice in advance. The amount of notice required and any applicable charges will depend on the timing of the cancellation.
8.2 For standard visits and one-off bookings, if the Customer cancels or requests a significant change to the booking with less than 24 hours notice, we may charge a cancellation fee of up to 50 percent of the estimated cost of the visit.
8.3 For larger projects, including those involving substantial materials or multiple days of work, we may require at least 72 hours notice to cancel or reschedule without charge. If insufficient notice is given, we may retain all or part of any deposit paid and charge for any materials already purchased.
8.4 We reserve the right to cancel or reschedule a booking if conditions make it unsafe or impractical to carry out the work, including severe weather, access issues, illness, staff shortages or circumstances beyond our reasonable control. In such cases, we will seek to arrange an alternative date as soon as practicable without additional charges to the Customer.
9. Weather and Site Conditions
9.1 Gardening work is affected by weather and ground conditions. We will use our professional judgement to determine whether work can proceed safely and to an acceptable standard.
9.2 Certain tasks, such as lawn treatments, planting or use of machinery, may be unsuitable or ineffective in particular conditions. We may recommend postponing or modifying the work to protect the garden and achieve better results.
9.3 If the Customer insists on work being carried out against our professional advice, we may either decline to proceed or accept no responsibility for any resulting damage or poor outcomes.
10. Liability and Insurance
10.1 We will exercise reasonable skill and care in the provision of the Services. If we are notified of a problem within a reasonable time, we will investigate and, where appropriate, take steps to remedy any defect attributable to us.
10.2 Our liability for any loss or damage arising from the Services is limited to the total amount paid or payable by the Customer for the specific work in question, except where such limitation is not permitted by law.
10.3 We are not liable for any indirect or consequential losses, including loss of enjoyment, loss of use of the garden, loss of income or profit, or loss of opportunity.
10.4 We are not responsible for any pre-existing issues at the Property, for hidden or unknown defects, or for damage caused by pests, diseases, extreme weather or other natural events beyond our control.
10.5 The Customer is responsible for ensuring that any necessary permissions, consents or approvals from landlords, neighbours, planning authorities or other relevant parties have been obtained before the Services commence.
10.6 We hold appropriate insurance cover for our activities, including public liability insurance, as is customary for gardening service providers in the UK.
11. Damage to Property
11.1 We will take reasonable care to avoid damage to lawns, plants, structures, paving and other features at the Property. However, minor damage may sometimes be unavoidable when carrying out gardening work, especially in tight spaces or on soft or waterlogged ground.
11.2 The Customer should inform us in advance of any particularly valuable or fragile plants, ornaments or installations so that extra care can be taken around them.
11.3 Any claims for damage allegedly caused by us must be reported as soon as reasonably possible and in any event within seven days of the relevant visit, so that we can investigate while the circumstances are still clear.
12. Complaints and Disputes
12.1 If the Customer has any concerns about the Services received, they should contact us promptly with details of the issue.
12.2 We will review the complaint and, if appropriate, arrange to revisit the Property to assess the situation. Where we consider that the complaint is justified, we may offer to rectify the work, provide a partial refund or agree another suitable resolution.
12.3 Both parties agree to make reasonable efforts to resolve disputes amicably before considering formal legal action.
13. Waste Regulations and Environmental Responsibility
13.1 We are committed to working in a manner that respects relevant waste regulations, environmental standards and good horticultural practice.
13.2 Where we remove garden waste, soil or other materials from the Property, we will do so in compliance with applicable legal requirements and will not dispose of waste unlawfully.
13.3 The Customer agrees not to request, encourage or permit us to dispose of waste in a manner that breaches environmental law, including fly-tipping or use of unlicensed sites.
13.4 We may recommend environmentally friendly approaches, such as on-site composting, water conservation and wildlife-friendly planting, but these are optional and subject to the Customer's preferences and local rules.
14. Variations to Terms
14.1 We may update or amend these Terms and Conditions from time to time. The version in force at the time of your booking will apply to that particular service agreement.
14.2 Any variation to these Terms and Conditions will only be valid if agreed in writing by us.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, 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 their subject matter.
16. General Provisions
16.1 If any provision of these Terms and Conditions is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed to be deleted, and the remaining provisions shall continue in full force and effect.
16.2 No failure or delay by either party in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy.
16.3 These Terms and Conditions constitute the entire agreement between the Customer and the Company in relation to the Services and supersede any prior discussions, correspondence or understandings.
By confirming a booking or allowing work to proceed, you acknowledge that you have read, understood and agree to these Terms and Conditions for gardening services provided by Gardeners New Southgate.