Terms And Conditions

Gardeners Elmstead Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Elmstead provides gardening and related services to residential and commercial customers. By booking or receiving any service from Gardeners Elmstead, 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 expressions have the meanings set out below:

Client means the individual, business, or organisation that requests or receives services from Gardeners Elmstead.

Company means Gardeners Elmstead, the gardening business providing the services.

Services means any gardening, grounds maintenance, landscaping, planting, lawn care, hedge trimming, pruning, garden clearance, or related work carried out by or on behalf of Gardeners Elmstead.

Service Area means the geographical area within which Gardeners Elmstead normally provides services, as described on the Companys website or agreed with the Client at the time of booking.

Agreement means the contract between the Client and the Company, consisting of these Terms and Conditions and any written or verbal confirmation of a booking or quotation.

2. Scope of Services

Gardeners Elmstead provides a range of gardening and outdoor services, which may include but are not limited to routine garden maintenance, one-off tidy-ups, seasonal work, planting schemes, soft landscaping, lawn treatments, hedge cutting, pruning, and garden clearance.

The exact scope of the Services for each booking will be confirmed in writing or verbally when the booking is made or when a quotation is accepted. Any descriptions, images, or examples provided on advertising materials or online are for illustrative purposes only and do not form part of a binding specification unless expressly stated.

The Company reserves the right to refuse any work that it considers unsafe, unsuitable, unlawful, or beyond its reasonable expertise and resources.

3. Booking Process

3.1 Initial Enquiries

Clients may request information or make booking enquiries through the Companys usual communication channels. The Company may ask for details about the garden, property access, parking, and specific requirements to provide an estimate.

3.2 Quotations and Estimates

Any quotation or estimate provided by Gardeners Elmstead is based on the information supplied by the Client and, where applicable, an inspection of the garden or site. Quotations are usually valid for a limited period, which will be indicated at the time they are given. If no period is specified, quotations are valid for 30 days.

Estimates are an approximation of the likely cost and duration and are not a fixed price. If the scope of work changes, if additional work is requested, or if conditions differ from those anticipated, the final price may vary. The Company will use reasonable efforts to inform the Client of any significant changes before proceeding.

3.3 Confirming a Booking

A booking is considered confirmed when the Client accepts a quotation or estimate, and the Company confirms the date and time for the work, whether in writing or verbally. For certain services, the Company may require a deposit before confirming the booking. Where a deposit is required, the booking is not fully confirmed until the deposit has been received.

3.4 Regular Maintenance Visits

Where the Client engages the Company for regular ongoing maintenance, the frequency and general scope of visits will be agreed in advance. Regular visits are scheduled on a recurring basis, but actual dates and times may vary depending on weather, seasonal conditions, and operational requirements. The Company will use reasonable efforts to maintain consistency but does not guarantee specific times of arrival.

4. Access and Site Conditions

The Client must ensure that the Company has safe, reasonable, and uninterrupted access to the property and garden for the duration of the visit. This includes access to gates, driveways, communal areas, and any relevant indoor spaces necessary for the work, such as garages or storage areas.

The Client is responsible for ensuring that pets, children, and any third parties are kept away from areas where work is being carried out and from any equipment or materials used by the Company.

If the Company cannot obtain access at the agreed time, or if work cannot be carried out safely due to site conditions, obstructions, or other issues within the Clients control, the Company may cancel or shorten the visit and reserve the right to charge a call-out fee or the full fee for the planned work.

The Client must inform the Company of any known hazards, underground services, cables, pipes, or other risks present in the garden or property that may be affected by the work. The Company will not be liable for damage or delays caused by hazards that were not disclosed or that could not reasonably have been identified.

5. Client Obligations

The Client agrees to:

Provide accurate information about the property, the garden, and the work requested.

Secure any necessary permissions from landlords, neighbours, building management, or local authorities where required.

Ensure that water and electricity are available where reasonably required for the Services, unless otherwise agreed.

Comply with all applicable regulations and legal obligations relating to the property, including boundary issues, tree preservation orders, and conservation rules.

Pay all amounts due to the Company in accordance with these Terms and Conditions.

6. Payments and Pricing

6.1 Pricing Basis

Prices for Services may be based on a fixed fee, an hourly rate, or a combination of both, as agreed at the time of booking. Materials, plants, and waste disposal may be charged in addition to labour, unless otherwise stated in the quotation.

6.2 Invoicing and Payment Terms

Payment is due on completion of the work unless alternative arrangements have been agreed in advance. For ongoing maintenance contracts or larger projects, the Company may issue interim invoices or require staged payments.

The Company accepts various forms of payment, which will be confirmed at the time of booking or invoicing. The Client is responsible for ensuring that payment is made in full and on time.

6.3 Late Payment

If the Client fails to pay any invoice by the due date, the Company reserves the right to charge interest on the overdue amount and to recover any reasonable costs incurred in obtaining payment. The Company may also suspend or cancel further Services until outstanding sums are settled.

7. Cancellations and Rescheduling

7.1 Client Cancellations

The Client may cancel or request to reschedule a booked visit by giving reasonable notice. Unless otherwise agreed, the Company requests at least 48 hours notice to cancel or reschedule without charge. If less than 48 hours notice is given, the Company may charge a cancellation fee, up to the full amount of the planned visit, to cover lost time and costs.

Deposits paid for specific work or projects may be non-refundable if the Client cancels after materials have been ordered, plants have been purchased, or significant preparatory work has been undertaken. The Company will act reasonably in assessing what proportion of any deposit can be refunded, if any.

7.2 Company Cancellations

The Company may cancel or reschedule a visit due to adverse weather, staff illness, equipment failure, safety concerns, or other circumstances beyond its reasonable control. In such cases, the Company will use reasonable efforts to notify the Client as soon as possible and to arrange a new appointment at a mutually convenient time. The Company will not be liable for any losses arising from such cancellations, but the Client will not be charged for any services that have not been delivered.

8. Garden Waste and Environmental Regulations

8.1 Handling of Garden Waste

As part of the Services, Gardeners Elmstead may generate garden waste such as grass cuttings, branches, leaves, soil, and plant material. The handling and disposal of this waste will be agreed with the Client in advance.

The Company may offer to remove garden waste for an additional charge or may use on-site solutions such as composting or green waste bins where available. Any such arrangements will comply with relevant waste and environmental regulations.

8.2 Client Responsibility

If the Client chooses not to have the Company remove garden waste, the Client is responsible for its proper disposal in accordance with local regulations. The Company will not be liable for any fines or penalties incurred due to the Clients failure to dispose of waste correctly.

8.3 Compliance with Regulations

The Company will take reasonable steps to comply with applicable environmental and waste regulations when carrying out Services and disposing of garden waste. The Company will not handle or remove hazardous materials, contaminated soil, or controlled waste except where expressly agreed and authorised.

9. Quality of Service and Complaints

The Company aims to provide services with reasonable care and skill and to a standard consistent with good professional practice in the gardening industry.

If the Client is dissatisfied with any aspect of the Services, the Client should raise the issue with the Company as soon as reasonably possible, ideally within 48 hours of the work being completed. The Company will investigate the complaint and, where appropriate, may return to rectify reasonable issues without additional charge.

This complaints process does not affect any statutory rights the Client may have under consumer protection laws.

10. Liability and Insurance

10.1 Limitation of Liability

Nothing in these Terms and Conditions limits or excludes the Companys liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

Subject to the foregoing, the Companys total liability to the Client 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 any indirect, consequential, or economic losses, including loss of profit, loss of enjoyment, or loss of opportunity, arising from the performance or non-performance of the Services.

10.2 Condition of Plants and Lawns

Gardens are living environments that can be affected by weather, pests, diseases, soil conditions, and other factors beyond the Companys control. While the Company will take reasonable care when working with plants, lawns, and trees, it cannot guarantee the long-term survival or performance of any planting, turfing, or treatments.

10.3 Client Property and Belongings

The Client is responsible for removing or protecting any personal items, garden ornaments, furniture, or equipment that may be affected by the Services. The Company will use reasonable care but will not be liable for damage caused to items left in work areas where such damage could reasonably have been avoided by the Client.

10.4 Insurance

The Company will maintain appropriate insurance cover for its activities, including public liability insurance, in accordance with industry practice. Evidence of insurance may be provided to the Client upon reasonable request.

11. Health and Safety

The Company is committed to operating in a safe manner and will follow reasonable health and safety practices. The Client agrees not to instruct the Company or its personnel to undertake any task that appears unsafe or that would reasonably be considered hazardous without appropriate measures.

The Company may refuse to carry out any work that, in its reasonable opinion, would compromise the safety of its personnel, the Client, or third parties, or that would breach applicable health and safety regulations.

12. Changes to Services and Terms

The Company may from time to time update or modify these Terms and Conditions. The version in force at the time of the Clients booking or when Services are carried out will apply to that booking unless changes are required by law.

The Company may also suggest changes or additions to the agreed Services based on observed conditions in the garden, seasonal factors, or improved methods. Any material changes affecting price or duration will be agreed with the Client before being implemented.

13. Force Majeure

The Company will not be liable for any delay or failure to perform its obligations where such delay or failure is due to events beyond its reasonable control, including but not limited to severe weather, natural disasters, epidemics, strikes, equipment breakdown, or interruption of utilities. In such circumstances, the Company may suspend or reschedule the Services without liability.

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 of 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 Gardeners Elmstead.

15. Entire Agreement

These Terms and Conditions, together with any quotation, booking confirmation, or other written agreement between the Client and the Company, constitute the entire agreement between the parties in relation to the Services. No other terms, conditions, or representations, whether oral or written, shall be binding unless expressly agreed in writing by the Company.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Failure or delay by the Company in enforcing any right or remedy under these Terms and Conditions shall not constitute a waiver of that or any other right or remedy.

By booking or receiving Services from Gardeners Elmstead, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.