Gardeners Charlton Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Charlton provides gardening and related services to residential and commercial clients. By making a booking, confirming a quotation, or allowing our gardeners access to your property, you agree to be bound by these Terms and Conditions. Please read them carefully before proceeding with any booking.

1. Definitions

In these Terms and Conditions, the following expressions shall have the meanings set out below:

Client means the person, firm, or company who requests and receives services from Gardeners Charlton.

Company means Gardeners Charlton, the gardening services provider.

Services means any gardening, garden maintenance, lawn care, hedge trimming, planting, clearance, soft landscaping, or related work provided by the Company.

Property means the outdoor or garden area at which the Services are to be carried out.

Booking means a confirmed request by the Client for the Company to supply Services at an agreed time and date.

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

2. Scope of Services

The Company provides a range of gardening and garden maintenance services, including but not limited to grass cutting, hedge and shrub trimming, weeding, planting, pruning, seasonal tidy-ups, garden clearance, and other routine garden care tasks.

Any description of Services given by the Company is for guidance only and does not form a binding specification unless expressly stated in a written quotation. The Company reserves the right to adapt methods, tools, and working practices as reasonably required to deliver the agreed outcome, provided this does not materially alter the nature of the Services.

The Client acknowledges that gardening work is subject to seasonal and weather conditions and that certain tasks may need to be adapted, postponed, or carried out differently in order to protect plants, lawns, or the safety of personnel.

3. Booking Process

3.1 Initial enquiries

The Client may contact the Company to request information, an indication of availability, or an estimated cost for Services. Any initial information provided verbally or in writing is indicative only and does not constitute a binding offer.

3.2 Site visits and quotations

Where appropriate, the Company may arrange a site visit to assess the Property, the required work, and any access or safety considerations. Following this, the Company may provide a written quotation describing the Services, indicative timings, and the applicable charges.

3.3 Acceptance of quotation

A Booking is formed when the Client confirms acceptance of the quotation in writing or verbally, and the Company confirms the date and approximate start time for the Services. The Company reserves the right to refuse any Booking at its discretion.

3.4 Regular maintenance bookings

Where the Client books regular maintenance visits, such as weekly, fortnightly, or monthly gardening, the Agreement continues on a rolling basis until cancelled by either party in accordance with these Terms and Conditions. The Company may adjust the schedule to account for public holidays, severe weather, or operational reasons, subject to reasonable notice to the Client where practicable.

4. Access to the Property

The Client must ensure that the Company and its gardeners have safe and reasonable access to the Property at the agreed times. This includes arranging for gates, communal entrances, or side access points to be unlocked or otherwise made available.

If the Company cannot gain access to the Property at the agreed time, the visit may be treated as a late cancellation by the Client, and the Company reserves the right to charge a call-out or cancellation fee as described under the cancellation provisions below.

The Client is responsible for informing the Company in advance of any hazards, restrictions, or special arrangements affecting access, including dogs or other animals, shared driveways, or restricted parking conditions.

5. Client Obligations

The Client agrees to:

Provide accurate information about the Property and the requested Services.

Ensure safe and unobstructed access to the areas where work is to be carried out.

Keep children and pets away from tools, machinery, and work areas during the visit.

Inform the Company of any underground services, irrigation systems, cables, or other features that could be affected by digging or planting.

Obtain any necessary permissions from landlords, neighbours, or managing agents before work begins.

6. Pricing and Quotations

Unless otherwise stated, quotations are based on the information available to the Company at the time of assessment and are valid for a limited time period as indicated by the Company. Prices may be provided:

On a fixed-price basis for specific tasks or projects.

On an hourly rate basis for general garden maintenance.

On a per-visit basis for regular contracted Services.

If, during the performance of the Services, it becomes apparent that additional work is required or that the original quotation did not reasonably include all necessary tasks, the Company will inform the Client and may provide a revised quotation. No significant additional charges will be incurred without the Client's consent, but minor variations that do not materially affect the overall price may be applied where necessary.

7. Payments and Invoicing

The Company will inform the Client of the accepted methods of payment, which may include bank transfer, card payment, or other electronic means. Cash payments may be accepted only where expressly agreed in advance.

For one-off jobs or initial visits, payment is typically due on completion of the work, unless otherwise agreed. For larger projects or multi-day works, the Company may require a deposit or staged payments, which will be detailed in the quotation or booking confirmation.

For regular maintenance clients, invoices may be issued per visit, monthly, or at another agreed interval. Payment is usually required within a specified number of days from the invoice date. Failure to pay on time may result in:

Suspension of further Services until outstanding amounts are settled.

Application of reasonable late payment charges and interest in accordance with applicable UK legislation.

The Client remains liable for all fees properly incurred for Services already provided, even if regular visits are later cancelled or rescheduled.

8. Cancellations and Rescheduling

8.1 Client cancellations

The Client may cancel or reschedule a Booking by giving the Company reasonable advance notice. The Company will specify the minimum notice period for cancellations, which is typically at least 24 hours before the scheduled start time.

If the Client cancels with less than the required notice, or fails to provide access to the Property at the agreed time, the Company reserves the right to charge a cancellation fee, which may be up to the full cost of the scheduled visit, to cover the time and travel costs already committed.

8.2 Company cancellations

The Company may cancel or reschedule a Booking in circumstances beyond its reasonable control, including severe weather, staff illness, vehicle breakdown, or safety concerns. In such cases, the Company will make reasonable efforts to give the Client as much notice as possible and to offer an alternative date.

The Company will not be liable for any losses arising from such cancellations or delays, but any deposit or pre-payment relating solely to the cancelled visit will either be refunded or applied to a rescheduled visit, as agreed with the Client.

9. Garden Waste and Waste Regulations

Gardeners Charlton operates in accordance with applicable UK waste regulations. Garden waste includes grass cuttings, leaves, small branches, and plant materials generated through the provision of Services.

Unless explicitly included in the quotation, the removal and disposal of garden waste are not automatically included. The Company will discuss available options with the Client, which may include:

Leaving waste in the Client's garden waste bin or compost heap, where available.

Bagging waste and leaving it in a designated area at the Property.

Arranging removal and lawful disposal of garden waste for an additional charge.

The Client is responsible for informing the Company if there are any restrictions on waste storage or disposal at the Property. The Company will not remove hazardous waste, soil contaminated by chemicals, or non-garden materials such as rubble, plastics, or household items, unless specifically agreed as part of a separate arrangement.

Where the Company arranges removal of garden waste, this will be carried out in compliance with relevant environmental legislation and duty of care obligations. The Client acknowledges that disposal charges may reflect local authority fees, transport costs, and handling time.

10. Health and Safety

The Company takes health and safety seriously and will use reasonable care to protect its staff, the Client, and third parties while carrying out Services. This includes using appropriate tools, equipment, and protective clothing, and working in accordance with relevant safety regulations and guidance.

The Client agrees not to interfere with the work being carried out and to keep children, pets, and other persons away from work areas, power tools, machinery, and chemicals. The Company reserves the right to stop work if it believes that conditions at the Property pose a serious risk to health or safety. In such cases, the visit may be rearranged once the issue has been resolved, and the Company may charge for any time already spent on site.

11. Damage and Liability

The Company will exercise reasonable skill and care in providing the Services. However, gardening inherently involves the use of sharp tools, machinery, and physical work on living plants and lawns, which may react in unpredictable ways to pruning, cutting, or treatment.

The Company shall not be liable for:

Normal wear and tear to lawns, plants, or soil resulting from gardening work.

Damage arising from defects, weaknesses, or pre-existing conditions affecting plants, structures, fences, sheds, paving, or other features of the Property.

Damage caused by the Client's failure to disclose underground services or fragile items in or under the working area.

Any indirect or consequential loss, including loss of enjoyment, loss of value, or loss of profits.

Where the Company is found to be liable for direct loss or damage caused by its negligence, that liability shall, to the fullest extent permitted by law, be limited to the total price paid by the Client for the specific visit or project during which the incident occurred.

Nothing in these Terms and Conditions excludes or limits any liability that cannot be excluded or limited under UK law, including liability for death or personal injury caused by negligence.

12. Complaints and Service Issues

If the Client is dissatisfied with any aspect of the Services, they should contact the Company as soon as reasonably possible, ideally within 48 hours of the visit, to allow the Company an opportunity to investigate and, where appropriate, to rectify the issue.

The Company may request photographs or a follow-up visit to understand the concern. Where the complaint is upheld, the Company may provide a remedy such as redoing part of the work, offering a price reduction, or another reasonable solution, at its discretion.

13. Variations to the Service

The Client may request changes to the Services, such as adding or removing tasks, adjusting the frequency of visits, or altering the specification of planting or maintenance. The Company will consider such requests and confirm any changes to pricing or scheduling.

No variation to the Agreement will be binding unless agreed by both parties, either verbally and recorded by the Company, or in writing. The Company reserves the right to adjust charges if the scope of work changes significantly from the original arrangement.

14. Force Majeure

The Company shall not be in breach of this Agreement or liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances, or causes beyond its reasonable control. These may include, without limitation, extreme weather, flooding, storms, acts of God, pandemics, strikes, transport interruptions, or acts of government.

Where a force majeure event occurs, the Company will notify the Client as soon as reasonably practicable and will endeavour to resume Services as soon as it is safe and feasible to do so.

15. Data and Privacy

The Company may collect and store basic personal information about the Client, such as name, address, and contact details, for the purpose of managing bookings, issuing invoices, and communicating about Services. The Company will handle such information responsibly and in accordance with applicable data protection laws in the UK.

The Client agrees that the Company may use their contact details to provide information about Services, appointments, and relevant updates. The Client may request that the Company stops using their details for marketing communications at any time.

16. Governing Law and Jurisdiction

These Terms and Conditions and any disputes arising out of or in connection with them, or with the provision of Services by Gardeners Charlton, 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 in connection with these Terms and Conditions or their subject matter.

17. General Provisions

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary, or if such modification is not possible, deemed severed, and the remaining 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 operate as a waiver of that or any other right or remedy.

These Terms and Conditions, together with any written quotation or confirmation issued by the Company, constitute the entire agreement between the parties in relation to the Services and supersede any prior discussions, correspondence, or understandings.

By proceeding with a booking or permitting Gardeners Charlton to commence work at the Property, the Client confirms that they have read, understood, and agreed to these Terms and Conditions.