Terms And Conditions

Gardeners Highams Park Service Terms and Conditions

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

Definitions

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

Company means Gardeners Highams Park, the gardening services provider.

Customer means the person, firm or organisation requesting or receiving the services.

Services means any gardening, maintenance, clearance or related work provided by the Company to the Customer.

Site means the garden, land or property where the Services are to be performed.

Agreement means the contract between the Company and the Customer comprising these Terms and Conditions and any written or verbal confirmation of booking.

Scope of Services

The Company offers general gardening and outdoor maintenance services, which may include lawn care, hedge trimming, pruning, weeding, planting, garden tidy-ups, garden waste collection and similar services. The specific scope of work for each booking will be agreed in advance with the Customer, based on the Customer's request and the Company's service offering.

Any description of Services provided by the Company, whether in writing or verbally, is for guidance only. The exact nature and extent of the Services will be confirmed at the time of booking or upon initial inspection of the Site, and may be subject to adjustment depending on the condition and size of the garden or outdoor area.

Booking Process

Bookings for Services may be made by the Customer through the Company's chosen communication methods. By making a booking request, the Customer confirms that they have the authority to enter into the Agreement and that they agree to these Terms and Conditions.

All bookings are subject to availability and acceptance by the Company. The Company reserves the right to decline or reschedule any booking, including where the requested work falls outside the Company's usual area of operation or expertise.

A booking will be considered confirmed when the Company has provided a clear confirmation of the date, time window and, where applicable, an estimate or quotation for the Services. The Customer is responsible for checking the details of the confirmation and notifying the Company promptly of any errors.

The Company may, at its discretion, request photographs, measurements or further information about the Site and the work required before confirming a booking, in order to provide a more accurate estimate and to ensure that the Services can be delivered safely and efficiently.

Estimates, Quotations and Pricing

The Company may provide estimates or fixed-price quotations for the Services based on information supplied by the Customer and, where necessary, an inspection of the Site. Unless expressly stated as a fixed quotation, any price given is an estimate only and may be revised if the actual work required differs from the information initially provided.

Where work is charged on an hourly or day-rate basis, the Customer will be informed of the applicable rates prior to confirmation of the booking. The total cost will then be calculated based on the actual time spent on Site, subject to any agreed minimum charges.

Prices are exclusive of any additional charges such as garden waste removal, disposal fees, materials, plants and specialist equipment, unless otherwise agreed in writing. Any such additional costs will be explained to the Customer in advance where reasonably possible.

Access to the Site and Customer Responsibilities

The Customer must ensure that the Company and its gardeners have safe and reasonable access to the Site at the agreed time, including all necessary keys, codes, parking arrangements and permissions. Any restrictions on access should be disclosed at the time of booking.

The Customer must ensure that the Site is reasonably clear of obstacles, hazards, pet waste and personal items so that the Services can be carried out safely. The Company reserves the right to refuse or suspend work if the Site presents a health and safety risk or if access is significantly restricted.

The Customer is responsible for ensuring that any necessary consents, permissions or approvals for the work, such as from landlords, neighbours or local authorities, have been obtained before the Services commence.

The Customer must inform the Company of any known issues at the Site, such as underground cables, irrigation systems, septic tanks, ponds, protected trees, or anything else that may affect how the Services should be carried out.

Performance of the Services

The Company will use reasonable care and skill in performing the Services and will take reasonable steps to complete the work within the time agreed. However, any dates or times for performance are estimates and cannot be guaranteed, particularly where work is affected by weather, access issues or unforeseen circumstances.

The Company reserves the right to adjust working hours, reschedule appointments or split larger jobs over several visits, where reasonably necessary for safety, efficiency or operational reasons.

The Company will use tools, equipment and methods suitable for the work. Unless otherwise agreed, the Company will not be responsible for ongoing maintenance or aftercare of plants, lawns or other garden features once the Services are completed.

Weather and Health and Safety

The Company may suspend or postpone work if weather conditions make it unsafe or impractical to carry out the Services, for example during heavy rain, storms, extreme temperatures or high winds that could affect the safe use of equipment or the quality of work.

The Company will comply with applicable health and safety regulations and will not be obliged to carry out any work that it considers unsafe or unsuitable for the conditions at the Site. The Customer must not request any Services that would breach health and safety requirements.

Payments and Invoicing

The Customer agrees to pay the Company for the Services in accordance with the agreed pricing structure. Payment terms will be communicated at the time of booking or on the invoice.

Unless otherwise agreed, payment is due on completion of the Services or within the payment period stated on the invoice. The Company may require deposit payments or full payment in advance for certain types of work, larger projects or new customers.

The Company accepts payment by methods it specifies from time to time. Details of accepted payment methods will be provided with the booking confirmation or invoice.

If the Customer fails to make payment by the due date, the Company reserves the right to charge interest on overdue sums, suspend further services, and recover any reasonable costs incurred in pursuing payment.

Cancellations and Rescheduling by the Customer

The Customer may cancel or request to reschedule a booking by giving reasonable notice to the Company. The Company asks for as much notice as possible so that appointments can be reallocated.

Where the Customer cancels or reschedules a confirmed booking at short notice, the Company may apply a cancellation charge to cover the costs of allocated staff time, travel and lost opportunity. Any applicable cancellation terms or charges will be explained to the Customer at the time of booking.

If the Company arrives at the Site at the agreed time and is unable to gain access, or if the work cannot proceed due to circumstances within the Customer's control, this may be treated as a late cancellation and a call-out or cancellation fee may be charged.

Cancellations and Changes by the Company

The Company will make reasonable efforts to honour confirmed bookings, but reserves the right to cancel or reschedule Services where necessary due to staff illness, equipment failure, severe weather, safety concerns or other circumstances beyond the Company's reasonable control.

In such cases, the Company will notify the Customer as soon as reasonably possible and will offer a new appointment date or, if appropriate, a refund of any amounts paid in advance for Services not yet provided.

Garden Waste and Environmental Regulations

The Company aims to handle garden waste and materials in accordance with environmental and waste disposal regulations applicable in the service area.

Unless otherwise stated, the standard Services may not include removal of green waste, soil, rubble or other materials from the Site. The Customer and the Company will agree in advance whether waste removal is required and any additional charges that will apply.

Where the Company agrees to remove garden waste, it will do so using lawful and appropriate methods and may apply a fee calculated based on volume, weight or disposal costs. The Company reserves the right to refuse removal of hazardous or unsuitable waste.

The Customer must not request the Company to dispose of waste in any way that would breach environmental regulations or local waste management rules.

Liability and Limitations

The Company will take reasonable care to avoid damage to property while carrying out the Services. However, the Customer is responsible for removing or protecting fragile items, decorations, garden ornaments, cables, hoses and personal belongings from areas where work will be carried out.

The Company will not be liable for any damage or loss arising from pre-existing defects, wear and tear, structural issues, unstable trees or features, or problems that could not reasonably have been identified in advance.

To the fullest extent permitted by law, the Company's liability to the Customer in connection with the Services, whether in contract, tort or otherwise, shall be limited to the total amount paid or payable by the Customer for the specific Services in question.

The Company does not exclude or limit liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under applicable law.

The Company shall not be liable for any indirect or consequential loss, including loss of enjoyment, loss of profits, loss of business, or any loss arising from delays or the need to reschedule work, except to the extent that such liability cannot lawfully be excluded.

Plants, Lawns and Living Materials

Where the Services involve planting, turfing or the supply of living materials, the Company will use reasonable care in selecting and installing such materials. However, the ongoing health and condition of plants and lawns depends on factors beyond the Company's control, including weather, soil conditions, pests, diseases and the Customer's maintenance.

Unless expressly agreed otherwise in writing, the Company does not provide guarantees for the long-term survival or performance of plants, turf or other living materials once the Services have been completed.

Complaints and Service Issues

If the Customer is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, providing details of the issue and, where relevant, photographs. The Company will review the concern and, where appropriate, discuss options to address it, which may include revisiting the Site to inspect the work.

Any complaint relating to the quality or completeness of the Services should be raised within a reasonable time of the work being carried out, so that the Company has an opportunity to investigate and, where justified, to remedy the issue.

Intellectual Property

Any designs, plans, planting schemes or written recommendations provided by the Company remain the property of the Company unless otherwise agreed. The Customer is granted a non-exclusive licence to use such materials solely for the purpose of implementing or enjoying the Services at the Site.

Data Protection and Privacy

The Company may collect and process personal information about the Customer, such as name, address and contact details, for the purposes of managing bookings, delivering the Services, issuing invoices and maintaining customer records.

The Company will take reasonable steps to keep such information secure and will not share it with third parties except where necessary to provide the Services, comply with legal obligations, or with the Customer's consent.

Amendments to these Terms and Conditions

The Company may update or amend these Terms and Conditions from time to time. Any changes will apply to new bookings from the date they are published or communicated. The version in force at the time of booking will apply to that particular Agreement.

Governing Law and Jurisdiction

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.

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 or formation.

Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable by a court or competent authority, that provision shall be deemed deleted and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with any written or verbal confirmation of booking, constitute the entire agreement between the Customer and the Company in relation to the Services and supersede any prior discussions, correspondence or understandings.