Terms And Conditions
Gardeners Brent Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Brent provides gardening and related services to residential and commercial customers within its service area. By making a booking, accepting a quotation, allowing our gardeners access to your premises, or otherwise using our services, you agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, company or organisation requesting the services.
Company means Gardeners Brent.
Services means any gardening, garden maintenance, landscaping, clearance, lawn care, hedge cutting or other related services provided by the Company.
Premises means the garden, outdoor space or property at which the Services are to be provided.
Agreement means the contract between the Client and the Company comprising these Terms and Conditions and any written quotation or booking confirmation.
2. Scope of Services
The Services will be carried out as described in the quotation, booking confirmation or agreed work schedule. Unless expressly stated otherwise, Services are limited to the tasks and areas specified and do not include structural building work, major tree surgery, pest control or other specialised services that require separate qualifications or permits.
The Company may provide advice and recommendations in relation to gardening, planting and maintenance. Such advice is provided in good faith and based on information reasonably available at the time, but it does not constitute a guarantee of particular results or outcomes.
3. Booking Process
3.1 Initial enquiry and quotation
The Client may request a quotation by providing details of the Premises, the scope of work and preferred dates. The Company may conduct a site visit where necessary to assess the work. Any quotation provided is an estimate based on the information available and is not binding until confirmed in writing by the Company.
3.2 Acceptance of quotation
An Agreement is formed when the Client confirms acceptance of the quotation and the Company issues a booking confirmation. The booking confirmation may be provided in writing or by other agreed means of communication and will set out the key details, including the Services, estimated price, and proposed date or schedule.
3.3 Recurring services
For regular or ongoing gardening visits, the Client and the Company may agree a recurring schedule. Unless otherwise agreed, recurring bookings continue until cancelled in accordance with these Terms and Conditions, subject to any minimum term specified in the booking confirmation.
3.4 Changes to bookings
Any request by the Client to change the date, time or scope of the Services must be agreed with the Company in advance and may result in changes to the price. The Company will endeavour to accommodate reasonable changes but cannot guarantee availability for alternative dates or times.
4. Access and Client Responsibilities
The Client must ensure that the Company and its gardeners have clear and safe access to the Premises at the agreed time, including any necessary keys, codes, parking information or access instructions. Any restrictions that may affect the carrying out of the Services must be disclosed in advance.
The Client is responsible for keeping pets and children away from areas where work is being performed, for the safety of all parties. The Client must also inform the Company of any known hazards or risks at the Premises, including uneven ground, fragile surfaces, ponds, electrical installations or underground services such as pipes and cables.
If reasonable access cannot be obtained or work cannot be safely carried out due to circumstances within the Client’s control, the Company may cancel or postpone the visit and may charge a fee in accordance with the cancellation provisions set out below.
5. Materials, Equipment and Standards of Work
The Company will provide the tools and equipment necessary to perform the Services, unless otherwise agreed. Where materials such as plants, turf, soil, mulch, aggregates or fixtures are to be supplied, these will be specified in the quotation or booking confirmation.
The Company will carry out the Services with reasonable care and skill, in line with generally accepted standards for gardening work within the local area. The Client acknowledges that gardening and landscaping work is subject to weather conditions, seasonal variations and natural factors outside the control of the Company.
Any timeframes given for the completion of the Services are estimates only and may be affected by weather, access, availability of materials and other factors. The Company will keep the Client informed of any significant delays or changes to the proposed schedule.
6. Prices and Payments
6.1 Pricing
Prices for the Services are set out in the quotation or booking confirmation and may be based on an hourly rate, a fixed fee, or a combination of both. Unless stated otherwise, prices are exclusive of any applicable taxes or statutory charges.
Where Services are charged on an hourly basis, the minimum charge and billing increments will be specified in the quotation or booking confirmation. Time spent on site includes set up, carrying out the work, clearing up and loading tools and waste at the end of the visit.
6.2 Deposits
The Company may require a deposit or part payment prior to commencement of the Services, particularly for large or materials-intensive projects. Any deposit required will be stated in the quotation or booking confirmation and is normally non-refundable except as expressly set out in these Terms and Conditions.
6.3 Payment terms
Unless otherwise agreed in writing, payment for one-off jobs is due on completion of the Services, and payment for regular visits is due after each visit or in accordance with any agreed billing cycle. The Company accepts payment by the methods specified in the quotation or booking confirmation.
Invoices must be paid in full by the due date stated on the invoice. If payment is not received on time, the Company reserves the right to charge interest on the overdue amount at a reasonable rate and to recover any costs incurred in pursuing late payment.
7. Cancellations and Rescheduling
7.1 Cancellation by the Client
The Client may cancel or reschedule a booking by giving the Company as much notice as reasonably possible. For standard visits, the Client should provide at least 24 hours notice prior to the scheduled start time. For larger projects or work involving special-order materials, a longer notice period may apply as specified in the quotation or booking confirmation.
If the Client fails to provide the required notice, or if the Company attends the Premises but is unable to perform the Services due to reasons within the Client’s control, the Company may apply a cancellation charge. This may include a call-out fee, a proportion of the quoted price or retention of all or part of any deposit paid, depending on the circumstances and the scale of the booking.
7.2 Cancellation by the Company
The Company reserves the right to cancel or postpone a booking due to adverse weather conditions, staff illness, equipment failure, safety concerns, access issues, non-payment or other reasons beyond its reasonable control. Where possible, the Company will offer an alternative date or time.
If the Company cancels a booking and is unable to offer a suitable alternative, any deposit or advance payment for Services not yet provided will be refunded to the Client. The Company will not be liable for any indirect or consequential losses arising from such cancellation.
8. Waste Removal and Environmental Regulations
8.1 Green waste
The handling of garden waste will be agreed in advance. The Company may remove green waste generated by the Services, leave it neatly on site for the Client’s own disposal, or use designated garden waste containers provided by the Client. Any charges for waste removal or disposal will be clearly stated in the quotation or booking confirmation.
8.2 Non-green waste
Disposal of non-green waste, such as rubble, plastics, metals, treated wood and general rubbish, is not included unless specifically agreed. Where the Company agrees to remove such waste, additional charges will apply to cover handling, transport and disposal in accordance with applicable regulations.
8.3 Compliance with regulations
The Company will handle and dispose of waste in line with relevant environmental and waste management regulations. The Client must not request or require the Company to dispose of waste in an unlawful manner. If the Client disposes of waste generated by the Services, it is the Client’s responsibility to do so in a lawful and environmentally appropriate way.
9. Damage, Liability and Insurance
The Company will take reasonable care to avoid damage to the Premises and any property during the provision of the Services. The Client should inform the Company of any particularly fragile or high-value items near the work area so that appropriate precautions can be taken.
If damage occurs as a direct result of the Company’s negligence, the Company will, at its option, repair the damage, replace the damaged item or compensate the Client up to the value of the damage, subject to the limitations set out in this Agreement.
To the fullest extent permitted by law, the Company’s total liability 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 Client for the specific Services giving rise to the claim.
The Company will not be liable for loss of profit, loss of enjoyment, loss of use, or any indirect or consequential loss. The Company is not responsible for damage arising from pre-existing defects, hidden or underground features not reasonably apparent, severe weather, natural events or other circumstances beyond its control.
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 or for fraud.
10. Plants, Lawns and Natural Variations
The Client acknowledges that the growth, health and appearance of plants, lawns and other living elements in a garden depend on many factors, including soil conditions, exposure, pests, diseases, maintenance, watering and weather conditions. The Company does not guarantee that any particular result will be achieved, including the survival or performance of plants, beyond any specific written guarantee expressly given in a quotation or booking confirmation.
Once plants, turf or other living materials have been installed and the Services have been completed, ongoing care is the responsibility of the Client unless a separate maintenance agreement is in place. The Company will not be liable for deterioration caused by the Client’s failure to follow aftercare recommendations, inadequate watering, over-watering or other maintenance issues.
11. Complaints and Defects
Any concerns or complaints about the Services should be raised with the Company as soon as reasonably possible, and in any event within a reasonable period after completion of the relevant work. The Client should provide clear details and, where appropriate, photographic evidence.
If the Company accepts that the Services have not been performed with reasonable care and skill, it may, at its discretion, re-perform the Services, rectify the defect, or offer a reasonable price reduction. This is without prejudice to any statutory rights the Client may have under consumer protection legislation.
12. Intellectual Property and Use of Images
Any plans, drawings, designs, planting schemes or other materials created by the Company remain the property of the Company unless expressly assigned in writing. The Client is granted a non-exclusive licence to use such materials for the purposes of enjoying the garden or outdoor space for which they were created, but not for reproduction or commercial exploitation.
The Company may take photographs of the Premises before, during and after the Services for record-keeping and portfolio purposes, provided that no personal or sensitive information about the Client is disclosed. If the Client does not wish images of their property to be used for promotional purposes, they should inform the Company at or before the time of booking.
13. Data Protection and Privacy
The Company will collect and use personal information about the Client, such as name, address, contact details and service history, for the purposes of managing bookings, providing the Services, issuing invoices and complying with legal obligations.
The Company will take reasonable steps to keep personal data secure and will not share it with third parties except as necessary to deliver the Services, to comply with the law or with the Client’s consent. The Client has the right to access certain personal data held by the Company and to request corrections to inaccurate information, in accordance with applicable data protection legislation.
14. Termination
For recurring services or longer-term projects, either party may terminate the Agreement by giving reasonable written notice, subject to any specified minimum term or notice period. The Client must pay for all Services performed up to the effective date of termination, including any materials already purchased or ordered for the Client.
The Company may terminate the Agreement immediately if the Client commits a serious breach of these Terms and Conditions, fails to provide safe access, engages in abusive or threatening behaviour towards staff, or fails to pay any amount due within a reasonable period after the due date.
15. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, are governed by and construed in accordance with the laws of England and Wales.
The parties agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or the provision of the Services.
16. 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 will be deemed severed from the Agreement, and the remaining provisions will continue in full force and effect.
No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions will operate as a waiver of that right or remedy, nor will any single or partial exercise preclude any further exercise of that or any other right or remedy.
The Agreement constitutes the entire understanding between the Client and the Company in relation to the Services and supersedes any prior discussions, correspondence or understandings relating to the same subject matter, except where such matters are expressly incorporated into the Agreement in writing.
The Client may not assign or transfer their rights or obligations under the Agreement without the prior written consent of the Company. The Company may assign or subcontract its rights and obligations under the Agreement, provided that this does not materially reduce the standard of the Services.
By proceeding with a booking or allowing work to commence, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions.
