Terms and Conditions for Gardeners Colindale
These Terms and Conditions apply to all gardening and related services provided by Gardeners Colindale. By booking or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions
In these Terms and Conditions, the following words have the meanings set out below:
1.1 "Company" means Gardeners Colindale, the provider of gardening and related services.
1.2 "Client" or "you" means the person, firm, or organisation requesting or receiving services from the Company.
1.3 "Services" means any gardening, garden maintenance, clearance, landscaping, or related work carried out by the Company.
1.4 "Site" means the garden, property, or premises at which the Services are to be performed.
1.5 "Agreement" means the contract between the Company and the Client for the supply of Services, governed by these Terms and Conditions and any written quotation or confirmation issued by the Company.
2. Scope of Services
2.1 The Company provides a range of gardening services including but not limited to lawn care, hedge trimming, pruning, planting, garden clearance, general garden maintenance, and minor landscaping works.
2.2 The exact scope of the Services will be set out in a quotation, service description, or booking confirmation provided to the Client prior to commencement of the work.
2.3 Any additional work requested by the Client that is not included in the original agreement may be subject to separate charges and may require a revised quotation or confirmation.
3. Booking Process
3.1 Clients may request a booking by contacting the Company and providing accurate details regarding the type of work required, the Site address, access arrangements, and preferred dates and times.
3.2 All bookings are subject to availability. The Company will confirm acceptance of a booking by issuing a written or verbal confirmation that includes an outline of the Services, charges, and any special conditions.
3.3 The Agreement between the Client and the Company is formed when the Client accepts the quotation or booking confirmation, whether verbally, in writing, or by allowing the Services to commence.
3.4 For larger or more complex projects, the Company may require a site visit prior to confirming a quotation. Any quotation following such a visit will be based on the conditions observed at the time.
3.5 The Client is responsible for ensuring that all information provided during the booking process is accurate and complete. The Company is not liable for delays or additional costs arising from inaccurate or incomplete information.
4. Pricing and Quotations
4.1 Unless otherwise stated, all prices are in pounds sterling and are inclusive of standard labour and basic equipment required to perform the Services.
4.2 Quotations are based on the information supplied by the Client and the condition of the Site at the time of quotation. The Company reserves the right to amend the quotation if the actual work differs from what was originally described or if Site conditions have changed.
4.3 Where Services are charged on an hourly basis, a minimum charge may apply, which will be communicated to the Client prior to booking.
4.4 The Company will notify the Client as soon as reasonably practicable if any additional work or costs are required. No substantial additional charges will be incurred without the Client’s agreement, except where urgent work is necessary for health and safety reasons.
5. Payments
5.1 Payment terms will be stated in the quotation or booking confirmation. Unless otherwise agreed, payment is due on completion of the Services for one-off jobs, or in accordance with the schedule set out for regular maintenance contracts.
5.2 The Company may request a deposit or part payment before commencing work, particularly for larger projects or where materials need to be purchased in advance.
5.3 Payment may be made using the methods accepted by the Company at the time of booking. Clients are responsible for ensuring payments are made in full and on time.
5.4 If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate and to suspend further Services until all outstanding amounts are paid.
5.5 The Client shall not be entitled to withhold or set off any amount due to the Company, except where required by law.
6. Cancellations and Rescheduling
6.1 The Client may cancel or reschedule a booking by providing the Company with reasonable notice. The required notice period will be specified in the booking confirmation or, if not specified, will be at least 24 hours before the scheduled start time.
6.2 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 up to the full amount of the scheduled Services, particularly where the Company has incurred costs or is unlikely to fill the booking slot.
6.3 The Company may 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 notify the Client as soon as practicable and will offer an alternative date or a refund for any Services not carried out.
6.4 The Company is not liable for any indirect loss, cost, or expense incurred by the Client as a result of a cancellation or rescheduling, save where such liability cannot be excluded by law.
7. Client Obligations and Site Access
7.1 The Client must ensure safe and reasonable access to the Site at the agreed times, including any necessary keys, gate codes, or instructions.
7.2 The Client must ensure that pets, children, and other occupants are kept away from areas where work is being carried out to maintain safety.
7.3 The Client agrees to provide access to utilities where reasonably required, such as outdoor water supply and electricity, unless otherwise agreed.
7.4 The Client shall inform the Company of any known hazards, underground cables, pipes, or other risks on the Site that may affect the safe delivery of the Services.
7.5 If the Company is unable to carry out the Services at the agreed time due to lack of access, safety concerns, or any breach of the Client’s obligations, the Company may charge a call-out fee or treat the booking as cancelled by the Client.
8. Health and Safety
8.1 The Company will take reasonable steps to perform the Services in a safe and professional manner and in accordance with applicable health and safety regulations.
8.2 The Client agrees not to interfere with or obstruct the Company’s staff or subcontractors while they are working and to follow any reasonable instructions relating to safety on Site.
8.3 The Company may refuse to carry out or may suspend work if it considers that the Site is unsafe or that continuing the work would pose an unacceptable risk.
9. Waste Removal and Environmental Regulations
9.1 The handling and disposal of green waste, soil, and other materials will be agreed with the Client before work begins. The quotation or booking confirmation will specify whether waste removal is included.
9.2 Where the Company agrees to remove waste from the Site, it will do so in accordance with applicable UK waste management and environmental regulations.
9.3 The Client is responsible for any waste not expressly included in the Services. If the Client requests additional waste removal, this may incur extra charges.
9.4 The Company will not accept responsibility for the disposal of hazardous, contaminated, or prohibited materials unless this has been expressly agreed and is compliant with relevant regulations.
9.5 The Client must not instruct the Company to dispose of waste in a manner that breaches waste or environmental regulations. The Company may refuse any such instruction and may terminate the Agreement if unlawful disposal is requested.
10. Materials, Plants, and Guarantees
10.1 Any plants, materials, or products supplied by the Company will be of a type and quality consistent with the quotation or booking confirmation.
10.2 The Company cannot guarantee the long-term survival of plants once they have been installed, as this depends on factors outside the Company’s control, such as weather conditions, pests, disease, and ongoing care by the Client.
10.3 The Client is responsible for following any care instructions provided by the Company in relation to plants, lawns, and other living materials.
10.4 Title to any materials supplied by the Company remains with the Company until full payment for the Services has been received.
11. Liability and Limitations
11.1 The Company will exercise reasonable skill and care in the provision of the Services.
11.2 If the Client believes that the Services have not been performed in accordance with the Agreement, the Client must notify the Company as soon as reasonably practicable, and in any event within a reasonable time of completion, to allow the Company an opportunity to inspect and, where appropriate, rectify the issue.
11.3 The Company’s total liability to the Client for any loss or damage arising out of or in connection with the Services shall be limited to the total price paid or payable by the Client under the Agreement, except where such limitation is not permitted by law.
11.4 The Company shall not be liable for any indirect, consequential, or economic loss, including loss of profit, loss of enjoyment, or loss of opportunity, arising out of or in connection with the Services.
11.5 Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
12. Damage to Property
12.1 The Company will take reasonable care to avoid damage to the Client’s property while carrying out the Services.
12.2 The Client must inform the Company of any particularly fragile, valuable, or hidden features on the Site, such as underground utilities, irrigation systems, or cables.
12.3 The Company shall not be liable for damage caused by pre-existing structural defects, weak surfaces, hidden obstructions, or hazards that were not reasonably apparent or brought to its attention.
13. Force Majeure
13.1 The Company shall not be in breach of the 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 extreme weather, acts of God, strikes, labour disputes, accidents, or interruptions in transport or utilities.
13.2 In such circumstances, the Company may suspend the Services for the duration of the event or, if necessary, cancel the Agreement and refund any amounts paid for Services not provided.
14. Data Protection and Privacy
14.1 The Company will collect and use personal information from Clients in order to arrange and deliver the Services and to manage the business relationship.
14.2 The Company will take reasonable steps to keep Client information secure and will use such information in accordance with applicable UK data protection legislation.
14.3 The Client has the right to request access to personal information held by the Company and to request correction of any inaccuracies.
15. Variations to Terms
15.1 The Company reserves the right to amend these Terms and Conditions from time to time. Any such changes will not affect existing Agreements unless required by law or agreed with the Client.
15.2 The version of the Terms and Conditions in force at the time of booking will normally apply to that Agreement.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions and any Agreement between the Client and the Company shall be governed by and construed in accordance with the laws of England and Wales.
16.2 Any disputes arising out of or in connection with these Terms and Conditions or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. General Provisions
17.1 If any provision of these Terms and Conditions is held by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
17.2 No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy.
17.3 The Client may not assign or transfer any of its rights or obligations under the Agreement without the prior consent of the Company. The Company may assign or subcontract its rights and obligations where reasonably necessary to deliver the Services.
17.4 These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between the Client and the Company in relation to the Services and supersede all prior communications and understandings.