Gardeners Coulsdon Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Coulsdon to residential and commercial customers. By making 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 placing an order or confirming a service visit.

1. Definitions

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

Customer means the person, firm, or organisation requesting gardening services from Gardeners Coulsdon.

Company means Gardeners Coulsdon, the gardening service provider.

Services means any gardening, grounds maintenance, clearance, planting, lawn care, hedge cutting, pruning, landscaping, or related work carried out by the Company.

Site means the garden, grounds, or other outdoor area where the Services are to be performed.

Agreement means the contract between the Customer and the Company, consisting of these Terms and Conditions together with any quotation, booking confirmation, or written variation agreed by both parties.

2. Scope of Services

The Company provides a range of gardening and grounds maintenance services, which may include regular garden maintenance, one-off tidy ups, lawn care, hedge trimming, pruning, planting, garden clearance, and light landscaping works. The precise scope of Services to be delivered will be confirmed in writing in a quotation or booking confirmation before work commences.

The Company will exercise reasonable skill and care in performing the Services and will aim to follow best horticultural practice appropriate to the season, local conditions, and the Customer’s instructions, subject to these Terms and Conditions.

3. Booking Process

3.1 Enquiries and quotations

The Customer may request a quotation by providing details of the Site, required Services, and preferred dates. Quotations are based on the information supplied by the Customer and may be subject to change following a site visit or once work commences if the actual conditions differ significantly from those described.

All quotations issued by the Company are estimates only unless expressly stated as fixed price, and are valid for the period stated on the quotation or, if no period is stated, for 30 days from the date of issue.

3.2 Accepting a quotation

The Customer may accept a quotation verbally or in writing, including by confirming a booking date or allowing the Company to commence work. By accepting, the Customer confirms that they have read and agree to these Terms and Conditions.

3.3 Booking confirmation

Once a quotation is accepted, the Company will confirm the booking date and any special instructions. Bookings are subject to availability and weather conditions. The Company reserves the right to reschedule bookings where necessary for operational or safety reasons, providing as much notice as reasonably practicable.

3.4 Access to the site

The Customer is responsible for ensuring safe and adequate access to the Site on the agreed date and for the duration of the visit. This includes any access codes, keys, or permissions required. If the Company is unable to access the Site at the scheduled time, this may be treated as a late cancellation and charges may apply in accordance with these Terms and Conditions.

4. Customer Responsibilities

The Customer agrees to provide accurate information about the Site, including any known hazards such as buried utilities, unstable structures, or harmful plants. The Customer must ensure that pets and children are kept clear of the working area for the duration of the visit.

Prior to the scheduled visit, the Customer should remove personal items, toys, furniture, or other obstacles from the areas where Services are to be performed, unless otherwise agreed. Where this is not done, the Company may adjust the scope of Services or the time spent on Site and may charge for any additional time required to clear access.

The Customer warrants that they are the owner of the Site or have the authority of the owner or occupier to request the Services. The Customer is responsible for obtaining any necessary permissions, consents, or approvals for the work to be carried out.

5. Payments and Charges

5.1 Pricing

Prices for Services are generally based on hourly rates, day rates, or an agreed fixed price, taking into account the nature of the work, access, waste requirements, and any materials involved. Any applicable surcharges, such as additional waste removal or specialist equipment, will be explained where reasonably foreseeable.

5.2 Payment terms

Unless otherwise agreed in writing, payment is due on completion of the Services for one-off jobs, or in accordance with the agreed schedule for ongoing maintenance contracts. The Company may allow payment by cashless methods or bank transfer, subject to availability and any separate instructions provided at the time of booking.

If a deposit is required, this will be set out in the quotation or booking confirmation. Deposits are generally non-refundable once the Company has committed resources or purchased materials specific to the Customer’s job, except where the Company cancels the booking without offering a reasonable alternative date.

5.3 Late payment

If payment is not received by the due date, the Company reserves the right to charge interest on overdue sums at the statutory rate applicable under relevant law, calculated from the due date until the date of payment. The Company may also suspend further Services until all outstanding amounts have been settled.

The Customer is responsible for all reasonable costs incurred by the Company in recovering overdue payments, including any administrative or legal expenses.

6. Cancellations and Rescheduling

6.1 Customer cancellations

The Customer may cancel or request to reschedule a booking by giving as much notice as reasonably possible. For one-off jobs, the Customer should normally provide at least 24 hours’ notice prior to the scheduled start time. For larger projects or full-day bookings, a longer notice period may be required and will be specified at the time of booking.

If adequate notice is not provided, the Company may charge a late cancellation fee, which may be up to a reasonable proportion of the agreed fee to reflect the time reserved and any costs incurred.

6.2 Company cancellations

The Company reserves the right to cancel or reschedule a booking due to adverse weather conditions, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will offer an alternative date or, where appropriate, a refund of any amounts paid in advance for Services not provided. The Company is not liable for any indirect losses arising from such cancellations.

7. Materials, Plants and Equipment

Where the Company supplies materials, plants, turf, or other items as part of the Services, these will remain the property of the Company until paid for in full. The Company will endeavour to select healthy and appropriate plants and materials, but cannot guarantee their long-term performance, as this depends on factors outside its control, including weather, soil conditions, pests, diseases, and ongoing care.

The Customer is responsible for watering and maintaining plants and lawns after installation in accordance with any care guidance provided. Unless specifically included in the agreed scope of Services, aftercare and ongoing maintenance are not part of the initial planting or landscaping work.

The Company will provide its own tools and equipment unless otherwise agreed. The Customer must not use the Company’s equipment without express permission.

8. Waste Handling and Regulations

8.1 Green waste

The Company complies with applicable waste and environmental regulations. By default, the Company will seek to use the Customer’s own green waste bins or composting facilities on Site where available and practical. Where this is not possible or where large volumes of waste are generated, additional green waste removal charges may apply and will be explained as part of the quotation wherever reasonably foreseeable.

8.2 Non-green waste

The Services do not ordinarily include the removal of non-green waste such as rubble, plastics, metals, or discarded furniture unless specifically agreed in advance. Where non-green waste removal is requested, this may require separate arrangements and charges in line with waste regulations.

8.3 Legal compliance

The Company will not dispose of waste illegally or in a manner contrary to environmental laws. The Customer must not request or encourage the Company to dispose of waste in breach of such regulations. The Customer remains responsible for any waste stored or generated on the Site that is not agreed to be removed by the Company.

9. Health, Safety and Site Conditions

The Company takes health and safety seriously and will take reasonable steps to protect its staff, the Customer, and members of the public while performing the Services. Staff may wear protective equipment and may cordon off certain areas while work is in progress.

If, in the Company’s reasonable opinion, the Site conditions or weather conditions make it unsafe or impractical to carry out the work as planned, the Company may modify the scope of the Services, pause work, or reschedule the visit. This may include situations such as high winds, thunderstorms, extreme heat, or unsafe structures.

The Customer must inform the Company of any potential hazards on the Site before work begins, including but not limited to hidden ponds, loose paving, broken glass, or hazardous substances. The Company cannot be held liable for injury or damage arising from hazards that were not reasonably apparent or not disclosed by the Customer.

10. Liability and Limitations

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

Subject to the above, the Company’s total liability to the Customer arising out of or in connection with the Services, whether in contract, tort, or otherwise, is limited to the total amount paid or payable by the Customer for the specific Services that gave rise to the claim.

The Company is not liable for any indirect or consequential losses, including loss of enjoyment, loss of profits, loss of anticipated savings, or loss of opportunity arising out of or in connection with the Services.

The Company will take reasonable care to avoid damage to property, plants, and structures on the Site, but cannot be held responsible for damage arising from pre-existing defects, hidden obstructions, or the normal risks associated with gardening work, such as minor scuffs to lawn edges or damage to plants that are fragile, diseased, or poorly established.

The Customer is responsible for ensuring that any irrigation systems, cables, or underground services are clearly identified before work begins. The Company is not liable for accidental damage to such items where their location was not disclosed or was not reasonably apparent.

11. Complaints and Disputes

If the Customer is dissatisfied with any aspect of the Services, they should raise the matter with the Company as soon as possible, ideally within 48 hours of completion of the visit. The Company will investigate the concern and, where appropriate, may offer to rectify the issue within a reasonable time frame.

Complaints should clearly describe the issue and, where relevant, specify the area of the Site or the particular work in question. The Customer should give the Company a reasonable opportunity to inspect and, if agreed, remedy the situation before arranging third-party contractors to carry out further work. The Company is not liable for costs incurred by the Customer in engaging third parties without giving the Company the chance to resolve the matter first.

12. Changes to Services and Terms

The Company may agree to vary the scope of the Services at the Customer’s request. Any such variations may affect the price and timescale for completion and will be confirmed where reasonably practicable. The Company is not obliged to undertake additional work outside the agreed scope but will try to accommodate reasonable requests.

The Company reserves the right to amend these Terms and Conditions from time to time. The version in force at the time of booking will normally apply to that booking. The latest version may be provided on request.

13. Force Majeure

The Company is not liable for any failure or delay in performing its obligations where such failure or delay results from events, circumstances, or causes beyond its reasonable control. These may include extreme weather, natural disasters, strikes, utility failures, pandemics, or other events commonly referred to as force majeure. In such circumstances, the Company may suspend the Services for the duration of the event or offer to reschedule the work.

14. 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 applicable in 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 the Services provided by the Company.

15. Severability

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

16. Entire Agreement

These Terms and Conditions, together with any written quotation, booking confirmation, or agreed variation, form the entire Agreement between the Customer and the Company in relation to the Services. No other terms, whether implied by trade, custom, practice, or course of dealing, shall apply unless expressly agreed in writing by the Company.

By booking or allowing the Services to be carried out, the Customer confirms that they have read, understood, and agreed to these Terms and Conditions.