Gardeners Kingston Upon Thames Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Kingston Upon Thames provides gardening and related services to residential and commercial clients. By booking or receiving any service, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following expressions shall have the meanings set out below:
Client means the person, business, or organisation requesting or receiving the services.
Company means Gardeners Kingston Upon Thames, providing gardening and related services.
Services means any gardening, garden maintenance, clearance, landscaping, soft landscaping, planting, lawn care, hedge trimming, pruning, garden tidy-ups, or other work provided by the Company to the Client.
Site means the garden, land, or property at which the Services are to be performed.
Agreement means the contract between the Company and the Client comprising these Terms and Conditions and any written quotation, booking confirmation, or schedule of works issued by the Company.
2. Scope of Services
The Company agrees to provide the Services as described in any quotation, booking confirmation, or schedule of works provided to the Client. The Company reserves the right to reasonably adjust the scope of works on the day of the visit where required by Site conditions, safety requirements, weather, or practical constraints. Any material changes to the agreed work or additional tasks requested by the Client may result in variation to the price and the time required to complete the Services.
The Company does not guarantee particular aesthetic results, growth outcomes, or plant survival, as these are subject to numerous external factors such as weather, pests, disease, soil conditions, and ongoing care by the Client.
3. Booking Process
Bookings may be made by the Client by contacting the Company and providing details of the required Services, the Site address, and preferred dates. Any booking made by the Client shall be deemed to be an offer to purchase the Services in accordance with these Terms and Conditions.
A booking is only confirmed when the Company has issued a written or verbal confirmation and, where requested, the Client has paid any required deposit. The Company reserves the right to decline any booking without stating a reason.
For larger projects, garden makeovers, or regular maintenance contracts, the Company may carry out an initial visit to assess the Site. Any quotation provided following such a visit is based on the information and conditions observed at that time.
4. Quotations and Pricing
Quotations are normally provided free of charge and are valid for a limited period stated in the quotation or, if no period is stated, for 30 days from the date of issue. All prices are stated in pounds sterling and are exclusive of any applicable taxes unless explicitly stated otherwise.
Prices may be based on an hourly rate, a fixed price for a specific job, or a regular maintenance fee. Quotations are prepared on the basis of the information supplied by the Client and the conditions observed at the Site. If on arrival the Site conditions differ significantly, if access is restricted, or if there are unforeseen issues such as hidden debris or hazards, the Company may revise the quotation or charge for additional time and materials with the Client’s agreement.
5. Access and Client Obligations
The Client must ensure that the Company and its staff have safe and reasonable access to the Site on the agreed date and time. This includes access through any gates, common areas, or driveways, and access to electricity and water where required for the Services.
The Client is responsible for ensuring that the Site is free from hazards that could cause harm to the Company’s staff, including but not limited to sharp objects, dangerous structures, contamination, or aggressive animals. The Client must secure pets and inform the Company of any potential risks or restrictions relevant to the Site.
If access is not available, or the Site is not in a safe condition for work to proceed, the Company may cancel or postpone the visit and may charge a call-out or cancellation fee in accordance with these Terms and Conditions.
6. Materials, Plants, and Products
Where the Company supplies materials, plants, or other products, these will be of a quality appropriate for the intended purpose and in line with the quotation. The Company will take reasonable care to ensure plants and materials are healthy and suitable at the time of supply.
Once delivered or installed, responsibility for ongoing watering, feeding, protection, and aftercare of plants, turf, and other living materials passes to the Client, unless an explicit maintenance agreement is in place. The Company cannot guarantee the performance or longevity of plants, lawns, or other living materials after installation due to factors beyond its control.
7. Payments and Deposits
The Client agrees to pay the price for the Services as set out in the quotation, booking confirmation, or invoice. Payment terms will be stated on the invoice. Unless otherwise agreed, payment is due immediately upon completion of the Services or, for larger projects, in staged payments as specified.
The Company may require a deposit prior to commencing work, particularly where materials or plants must be purchased in advance, or where the project is of significant value or duration. Deposits are usually non-refundable once materials have been ordered or specific preparations have been made.
Payments must be made using the methods accepted by the Company at the time of booking or as stated on the invoice. If payment is not received by the due date, the Company may charge interest on any overdue amount at a reasonable rate and may suspend further work or visits until all outstanding sums are paid.
8. Cancellations and Rescheduling by the Client
The Client may cancel or request to reschedule a booking by notifying the Company at the earliest opportunity. For standard visits or small jobs, the Company generally requires at least 48 hours notice to cancel or reschedule without charge. For larger projects or work involving pre-ordered materials, a longer notice period may apply as set out in the quotation or booking confirmation.
If the Client cancels or reschedules with less than the required notice, the Company reserves the right to charge a cancellation fee, which may be calculated as a fixed call-out fee, a portion of the quoted price, or the value of any materials or plants already ordered or prepared.
Where specific materials or plants have been purchased for the Client and cannot reasonably be reused elsewhere, the Client may be charged the full cost of these items, even if the Services are cancelled.
9. Cancellations and Rescheduling by the Company
The Company may cancel or postpone a booking where it is necessary to do so for reasons including, but not limited to, severe weather, staff illness, vehicle breakdown, unavailability of materials, safety concerns, or circumstances beyond the Company’s reasonable control.
In such cases, the Company will seek to give as much notice as reasonably possible and will offer an alternative date or time for the Services. The Company shall not be liable for any loss, damage, or inconvenience caused by such cancellation or postponement, but any deposit or payment relating to the cancelled visit that has not yet been used for materials will be transferred to the rescheduled appointment or refunded where appropriate.
10. Waste Removal and Green Waste Regulations
By default, the Company will cut, prune, weed, and clear garden areas as agreed, and will either bag the waste for the Client to dispose of or remove waste, subject to agreement and any applicable charges.
Where waste removal is included or requested, the Company will comply with relevant waste regulations applicable to garden and green waste disposal. This may involve licensed transport and disposal at approved facilities. Any charges for waste removal, including green waste, soil, turf, and non-plant waste, will be stated or estimated in the quotation or at the time of booking where practicable.
The Client should inform the Company in advance if there are any restrictions on waste removal from the Site, such as communal rules, access limitations, or local requirements. If waste removal cannot be carried out due to such restrictions or lack of prior information, the Company may leave the waste neatly bagged on Site and shall not be liable for any resulting inconvenience or additional costs.
11. Health, Safety, and Conduct
The Company will take reasonable steps to ensure that all work is carried out safely and in accordance with relevant health and safety requirements. The Client agrees not to interfere with, or request the Company to disregard, any safety procedures or precautions.
The Client and all persons at the Site must keep a safe distance from the working area and equipment, particularly while machinery or power tools are in use. Children and pets must be supervised at all times and kept away from hazardous areas.
12. Liability and Limitations
The Company will exercise reasonable skill and care in providing the Services. However, the Company shall not be liable for any loss, damage, or expense arising from factors beyond its reasonable control, including extreme weather, pests, disease, vandalism, or the Client’s failure to follow aftercare advice.
The Client is responsible for notifying the Company of the location of any hidden services or features such as cables, pipes, irrigation systems, underground tanks, or other installations. The Company shall not be liable for damage to such items where their existence or location was not disclosed, or could not reasonably have been known.
To the fullest extent permitted by law, the Company’s liability to the Client for any claim arising out of or in connection with the Services shall be limited to the amount paid or payable by the Client for the specific visit or project to which the claim relates. Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for death or personal injury caused by negligence, or for any other liability that cannot legally be excluded.
13. Complaints and Quality of Service
If the Client is dissatisfied with any aspect of the Services, they should contact the Company as soon as possible, ideally within 48 hours of completion of the relevant work. The Company will investigate the matter and, where appropriate, arrange a revisit to inspect the work and seek a reasonable resolution.
Any remedial work will be provided at the Company’s discretion and in line with what is reasonable in the circumstances, taking into account the original quotation, the nature of the issue, and any external factors affecting the garden or Site.
14. Intellectual Property and Photography
Any plans, sketches, planting schemes, or design concepts provided by the Company remain the intellectual property of the Company unless otherwise agreed in writing. The Client must not reproduce, share, or use such materials for projects carried out by others without the Company’s prior consent.
The Company may, from time to time, take photographs of the garden or Site before, during, and after the Services for record-keeping or portfolio purposes. Where such images are used for marketing or promotional materials, the Company will take reasonable steps to avoid showing identifiable personal details. The Client may request that images of their property are not used for marketing, and the Company will respect such requests.
15. Data Protection and Privacy
The Company will collect and use the Client’s personal information only for legitimate business purposes, such as handling enquiries, managing bookings, providing quotations, carrying out the Services, and issuing invoices. Client details will be stored securely and not sold to third parties.
The Company may share necessary information with trusted partners or subcontractors solely for the purpose of delivering the Services, such as specialist contractors or suppliers involved in a particular project.
16. Force Majeure
The Company shall not be liable for any delay or failure to perform any of its obligations where such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to extreme weather, natural disasters, acts of government, strikes, lockouts, equipment failure, or interruption of utilities.
17. Amendments to These Terms
The Company reserves the right to update or amend these Terms and Conditions from time to time. The version in force at the time of the Client’s booking or Agreement will apply to that booking, unless changes are required by law or mutually agreed between the parties.
18. Governing Law and Jurisdiction
These Terms and Conditions and any Agreement between the Company and the Client shall be governed by and interpreted in accordance with the laws of England and Wales. Any dispute arising out of or in connection with the Services or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
By booking or receiving Services from Gardeners Kingston Upon Thames, the Client confirms that they have read, understood, and agree to these Terms and Conditions.
