Terms And Conditions
Gardeners Addington Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Addington provides gardening and related services to residential and commercial customers. By placing a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any service.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client or you means the person, business or organisation requesting the services.
Company, we or us means Gardeners Addington, the provider of the services.
Services means any gardening, garden maintenance, garden clearance, soft landscaping, lawn care, hedge work, planting or related work carried out by us for you.
Booking means an agreed appointment or series of appointments for the provision of services.
Site means the garden, outdoor space or premises where the services are to be carried out.
2. Scope of Services
We provide general gardening and garden maintenance services, which may include lawn mowing, trimming, pruning, planting, weeding, garden clearance, hedge cutting, soft landscaping and related tasks, as agreed with you at the time of booking. The specific scope of work, including any limitations, will be confirmed in writing where reasonably practicable, or otherwise agreed verbally and reflected in our job notes.
We reserve the right to decline work that is unsafe, unlawful, beyond our professional competence, or not reasonably achievable with the tools, equipment and labour available. We may also recommend specialist contractors where necessary, for example for tree surgery at height or structural works.
3. Booking Process
Bookings may be made by contacting us and providing details of the services required, the site address and preferred dates. We may request photographs, measurements or a site visit before confirming a booking, particularly for larger or more complex projects.
A booking is only confirmed when we have agreed the date and approximate time window of attendance, the general scope of the services, and any applicable charges or hourly rates. For certain works, especially larger projects, we may provide a written quotation or estimate, which will set out the basis of the charges.
All bookings are subject to availability. We will use reasonable efforts to attend on the agreed date and time, but timing is not guaranteed and may be affected by factors such as traffic, weather conditions, access constraints or overrunning prior jobs. If we anticipate a significant delay, we will use reasonable efforts to inform you and agree a revised time.
4. Access and Client Responsibilities
You are responsible for ensuring that we have safe and adequate access to the site at the agreed time of the booking. This includes providing any necessary access codes, keys or instructions and ensuring that gates, pathways and working areas are clear and reasonably safe.
You must notify us of any known hazards at or near the site, including but not limited to unstable ground, pond or water features, hidden cables or pipes, allergies affecting household members, or hazardous substances present. If we consider that conditions at the site present a risk to health or safety, we may suspend or cancel the services until the issue has been resolved.
Where children, pets or other persons are present at the property, you are responsible for ensuring they are kept away from work areas, machinery, tools and materials while the services are being carried out.
5. Estimates, Quotations and Pricing
Any price indications provided before we see the site are estimates only and are not binding. Once we have assessed the site and agreed the scope of work, we may provide either a fixed-price quotation or an estimate based on expected time and materials.
Quotations are usually valid for a limited period which will be stated at the time of issue. If no period is stated, the quotation will be valid for 30 days from the date of issue. After that period, we may revise or withdraw the quotation.
Where work is charged on an hourly or day rate basis, the final price will depend on the actual time spent on site and any materials used. We will use reasonable efforts to keep you informed if it appears that the cost will exceed any initial estimate.
All prices are stated in pounds sterling and, where applicable, include any value added tax or similar taxes unless otherwise specified.
6. Payments and Invoicing
Payment terms will be agreed at the time of booking. Unless otherwise stated in writing, payment for one-off or ad hoc services is due immediately upon completion of the work on the day, and payment for ongoing maintenance contracts is due in accordance with the schedule communicated to you.
We may accept a range of payment methods, which will be explained to you in advance or at the time of invoicing. We do not accept payment in the form of post-dated cheques.
We reserve the right to request a deposit or part payment in advance for larger projects or where materials need to be ordered especially. Deposits are generally non-refundable once materials have been ordered or specific time slots have been reserved, except as required by law.
If payment is not received by the due date, we may charge interest on the overdue amount at the statutory rate applicable to commercial debts, calculated on a daily basis until payment is received in full. We also reserve the right to suspend or cancel future bookings where outstanding balances remain unpaid.
7. Cancellations and Rescheduling
You may cancel or reschedule a booking by giving us reasonable notice. Unless otherwise agreed, we request at least 24 hours notice before the scheduled start time. For larger projects or all-day bookings, we may request longer notice, which will be communicated to you at the time of booking.
If you cancel or reschedule with less than the agreed notice period, we reserve the right to charge a late cancellation fee, which may be calculated as a percentage of the expected charges for the booking or as a fixed fee to cover our lost time and costs.
If we are unable to attend a booking due to factors outside our reasonable control, including severe weather, illness, vehicle breakdown or other unforeseen events, we will aim to notify you as soon as reasonably practicable and will offer to reschedule the booking at a mutually convenient time. We will not be liable for any losses arising from such cancellation or delay, but any deposit relating solely to the missed appointment will be carried forward or, where appropriate, refunded.
8. Changes to Work and Additional Services
If you request changes to the agreed scope of services during the job, we will endeavour to accommodate these where practicable. Such changes may affect the price and timescales. We will inform you where additional charges will apply before proceeding, whenever reasonably possible.
Where unforeseen conditions arise at the site, such as hidden waste, roots, rubble or other obstacles not visible at the time of quotation, we may need to adjust the price or reduce the scope of work. In such circumstances, we will discuss options with you and agree how to proceed.
9. Garden Waste and Environmental Regulations
We comply with applicable regulations relating to the handling, transportation and disposal of garden waste. Where agreed, we may remove green waste generated in the course of our services, subject to capacity and any applicable charges. The cost of waste removal and disposal will be specified in our quotation or discussed and agreed with you in advance.
We are not obliged to remove waste beyond what has been agreed, and additional waste removal may incur extra charges. Certain types of waste, such as soil, rubble, treated wood, plastics or hazardous materials, may require specialist disposal and may not be covered by our standard green waste service.
Where you choose to retain or dispose of waste yourself, you are responsible for complying with local authority regulations and any site rules. We will leave such waste in a designated area as agreed with you, so far as reasonably practicable.
10. Use of Chemicals and Materials
Any use of fertilisers, weed treatments or other chemicals will be carried out in accordance with manufacturer instructions and relevant regulations. If you have any allergies, sensitivities, pets or planting that may be affected by such products, you must notify us in advance so that we can take this into account or avoid their use.
Where we supply plants, turf or other living materials, their long-term performance is dependent on factors outside our control such as weather, soil condition and aftercare. We do not guarantee survival or growth unless expressly agreed in writing, and any recommendations for aftercare should be followed carefully.
11. Liability and Insurance
We will carry out the services with reasonable care and skill, using competent personnel and appropriate equipment. If you believe that any aspect of the services has not been performed to a reasonable standard, you must notify us as soon as possible so that we can investigate and, where appropriate, rectify the issue.
Our liability to you for any loss or damage 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 you for the specific booking during which the loss or damage occurred, except where such limitation is not permitted by law.
We will not be liable for any indirect, consequential or economic losses, including loss of profit, loss of enjoyment, or loss of use of the garden or property, except where liability cannot be excluded under law. We will also not be responsible for pre-existing damage or defects, or for damage arising from inaccurate or incomplete information provided by you.
Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
12. Client Property and Surroundings
We will take reasonable care to avoid unnecessary damage to plants, structures, paving, fixtures and fittings while carrying out the services. However, gardening and clearance work can be physically demanding and may unavoidably disturb soil, turf and surrounding areas.
It is your responsibility to remove or protect fragile items, furniture, ornaments, lighting or other movable property from the working area before we start. We will not be liable for damage to items left in the working area that could reasonably have been removed or protected in advance.
13. Complaints and Dispute Resolution
If you are dissatisfied with any aspect of our services, please contact us as soon as possible, ideally within 48 hours of completion of the work. We may request photographs or a site visit to assess the issue. Where we consider a complaint to be justified, we will seek to remedy the situation, which may include re-performing certain tasks or offering a partial refund, at our discretion and in line with your statutory rights.
We aim to resolve disputes amicably. If a disagreement cannot be resolved between us, you may have the right to pursue the matter through the courts or other dispute resolution channels as permitted by law.
14. Force Majeure
We are not liable for any delay or failure to perform our obligations under these Terms and Conditions where such delay or failure results from events beyond our reasonable control. These may include, but are not limited to, extreme weather, natural disasters, accidents, illness, epidemic, civil unrest, strikes, equipment failure not caused by our negligence, or changes in law or regulation.
Where a force majeure event occurs, we will inform you as soon as is reasonably practicable and will take reasonable steps to resume the services or rearrange bookings once the event has passed or the impact has been mitigated.
15. Data Protection and Privacy
We collect and use personal data, such as your name, address and contact details, only to manage bookings, provide services and administer our relationship with you. We will take reasonable steps to keep such data secure and will not share it with third parties except where required to deliver the services, to comply with legal obligations or with your consent.
You may request details of the personal information we hold about you and request correction of any inaccuracies, in accordance with applicable data protection laws.
16. Changes to These Terms
We may update or amend these Terms and Conditions from time to time to reflect changes in our services, business practices or applicable laws. The version in force at the time of your booking will apply to that booking. We recommend that you review the Terms and Conditions periodically, especially before making a new booking.
17. 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.
You and we 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, except where consumer protection rules provide you with additional rights in your country of residence.
18. Entire Agreement
These Terms and Conditions, together with any written quotation, schedule or specific service agreement provided to you, constitute the entire agreement between you and Gardeners Addington in relation to the provision of the services. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By making a booking or allowing our staff or contractors access to your property to carry out services, you confirm that you have read, understood and agree to these Terms and Conditions.