Gardeners New Addington Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners New Addington provides gardening and related services to residential and commercial customers. By making a booking, accepting a quote, or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before placing an order for services.

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 of Gardeners New Addington.

Company means Gardeners New Addington, providing gardening and related services.

Services means any gardening, garden maintenance, lawn care, hedge cutting, pruning, clearance, planting, soft landscaping, or other related services supplied by the Company.

Agreement means the contract between the Client and the Company comprising these Terms and Conditions and any written quote, job description, or confirmation of booking.

Site means the garden, land, property or premises at which the Services will be provided.

2. Scope of Services

The Company provides a range of gardening and garden maintenance services within its service area, which includes New Addington and surrounding districts. The precise scope of work to be carried out for each Client will be set out in the relevant quote, booking confirmation or job description agreed between the parties.

All services are provided with reasonable skill and care and in accordance with generally accepted industry standards for domestic and light commercial gardening. The Company does not provide specialist tree surgery, structural landscaping, or other services that require separate professional qualifications or statutory permissions unless expressly agreed in writing.

3. Booking Process

The Client may request Services by contacting the Company and providing details of the required work, the Site, and preferred dates and times. Any indication of price provided before a visit to the Site is an estimate only and may be subject to change once the Site has been inspected.

A booking will be deemed provisional until it has been confirmed by the Company. Confirmation may be given verbally or in writing, including by message or other written form. The Company reserves the right to refuse any booking at its discretion.

For larger projects or ongoing maintenance contracts, the Company may carry out an initial site visit to assess the work and provide a written quote. The Agreement will be formed when the Client accepts the quote or otherwise confirms that the Company should proceed, whether by written acceptance, verbal confirmation, or by allowing the work to begin.

The Client is responsible for ensuring that any information provided during the booking process is accurate and complete, including access details, parking arrangements, and any known Site hazards.

4. Quotes and Pricing

Quotes may be provided as a fixed price for a specified scope of work or as an hourly rate with an estimated duration. The type of pricing will be indicated in the quote or confirmation of booking.

Unless otherwise stated, prices are for labour only and do not include the cost of plants, materials, skip hire, disposal fees, or other third party charges. Any such additional costs will be agreed with the Client in advance where reasonably practicable.

The Company reserves the right to revise a quote if the information provided by the Client is incomplete or inaccurate, or if conditions at the Site differ materially from those reasonably anticipated. In such circumstances, the Company will inform the Client and seek approval before proceeding on a revised basis wherever possible.

5. Payments and Invoicing

Payment terms will be confirmed at the time of booking or in the quote. Unless otherwise agreed, payment for one off jobs is due immediately upon completion of the work on the day of service.

For larger projects and ongoing maintenance, the Company may require a deposit, staged payments, or payment within a specified period following the date of invoice. Details of any such arrangements will be set out in the quote or booking confirmation.

The Company accepts common methods of payment suitable for local service providers, which will be confirmed to the Client during the booking process or on the invoice. The Client must ensure that cleared funds reach the Company within the agreed timeframe.

Where payment is not received by the due date, the Company reserves the right to suspend further work and to charge interest on overdue amounts at a reasonable commercial rate until payment is made in full. The Client shall be responsible for all costs reasonably incurred by the Company in recovering overdue amounts.

6. Client Obligations

The Client agrees to provide reasonable access to the Site for the duration of the work, including access to any necessary side gates, communal areas, or service roads. The Client must ensure that either they or an authorised representative is available at the start of the visit to confirm the work and access arrangements, unless alternative arrangements have been agreed in advance.

The Client must ensure that the Site is reasonably clear of personal items, obstacles, animal waste and other hazards that might prevent or delay the performance of the Services. The Company may refuse to work in areas that are unsafe, unsanitary, or inaccessible, and may charge for lost time or additional cleaning where appropriate.

Where necessary, the Client must provide access to water and electricity at the Site, at no cost to the Company, for the duration of the Services, unless otherwise agreed.

The Client is responsible for obtaining any permissions, consents or approvals required from neighbours, landlords, local authorities, or other third parties in relation to the Services, including permission to access shared areas or to cut back overhanging vegetation that may cross property boundaries.

7. Cancellations and Amendments

If the Client needs to cancel or rearrange a booking, the Client should notify the Company as soon as possible. For standard gardening visits, the Company requests at least 24 hours notice of cancellation or amendment. For larger projects or full day bookings, the Company may require at least 48 hours notice.

Where the Client cancels a booking with less than the required notice, the Company reserves the right to charge a cancellation fee, which may be up to the value of the minimum call out charge or a reasonable proportion of the quoted price, to cover lost time and associated costs.

If the Company needs to cancel or reschedule a visit, it will give the Client as much notice as reasonably practicable. The Company will not be liable for any loss or inconvenience caused by such cancellation or rescheduling, but will use reasonable efforts to arrange an alternative appointment at a mutually convenient time.

The Client may request amendments to the scope of work, but any changes are subject to the Companys agreement and may result in revised pricing or timescales.

8. Access, Weather and Garden Conditions

The performance of gardening services is affected by weather, seasonal conditions, and the state of the ground. The Company reserves the right to postpone or modify the Services if, in its reasonable opinion, weather conditions or Site conditions make it unsafe or impractical to carry out the work as planned. Examples include severe rain, storms, high winds, extreme temperatures, or waterlogged ground.

Where a visit is postponed due to adverse conditions, the Company will aim to reschedule the work as soon as reasonably practicable. The Client remains responsible for payment for any work already completed.

The Client acknowledges that gardening work, especially clearance and pruning, may temporarily alter the appearance of the garden and that plants and lawns require time and appropriate ongoing care to recover and develop.

9. Tools, Equipment and Health and Safety

The Company will provide its own tools and equipment necessary to carry out the Services, unless otherwise agreed. The Client must not use or operate the Companys tools or machinery without express permission.

The Company will take reasonable steps to work safely at all times and to comply with relevant health and safety requirements. The Client agrees to cooperate with reasonable health and safety instructions, including keeping children and pets away from the working area and equipment during visits.

10. Garden Waste and Waste Regulations

The handling and disposal of garden waste is subject to local waste regulations and environmental requirements. The standard service does not automatically include removal of green waste unless this has been expressly agreed as part of the booking or quote.

Where waste removal is included, the Company will dispose of garden waste in a lawful manner, using appropriate facilities or licensed carriers as required. Any associated disposal charges will be explained to the Client in advance where reasonably practicable.

If the Client chooses to retain garden waste on Site, for example for composting or disposal via local authority collections, the Company may bag or stack waste in a designated area, as agreed with the Client. Once waste has been left on Site at the Clients request, responsibility for its storage and onward disposal passes to the Client.

The Company will not remove or handle hazardous waste, contaminated materials, or controlled substances. If such materials are discovered at the Site, the Company may suspend work until the Client arranges for their safe removal by a suitably qualified contractor.

11. Damage, Liability and Insurance

The Company will take reasonable care to avoid damage to the Clients property while providing the Services. Minor scuffs or marks to lawn edges, borders or existing surfaces may sometimes occur as an unavoidable consequence of normal gardening work.

If the Company causes damage to property through proven negligence, it will, at its option, repair the damage, arrange for repair, or offer reasonable compensation. The Client must notify the Company of any alleged damage as soon as reasonably practicable and, in any event, within seven days of the relevant visit, supplying details and, where available, supporting evidence.

The Company shall not be liable for any pre existing damage, defects or deterioration at the Site, nor for any issues arising from poor soil conditions, pests, diseases, hidden obstructions, or structural problems that were not reasonably apparent before the start of the work.

The Company is not liable for loss or damage arising from the Clients failure to follow aftercare advice or to maintain the garden following completion of the Services. The growth, survival and performance of plants, turf and seeds depend on factors outside the Companys control, including weather, watering, soil quality, and ongoing care.

To the extent permitted by law, the Company excludes liability for any loss of profit, loss of enjoyment, loss of data, or any indirect or consequential loss. The Companys total liability under or in connection with any Agreement shall be limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.

12. Planting, Materials and Guarantees

Where the Company supplies plants, turf or other organic materials, it will use reputable suppliers and take reasonable care to select suitable products. However, the Company cannot guarantee the long term survival or performance of any living plants or turf due to the many factors involved.

Any non organic materials, such as mulches, edging, or soil improvers, will be selected and installed with reasonable care and in accordance with good practice. Any manufacturers warranties or guarantees provided with such materials will be passed on to the Client where legally possible.

13. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, the Client should raise the issue with the Company as soon as possible, preferably within 48 hours of the relevant visit. The Company will investigate and, where appropriate, seek to resolve the matter by re attending, rectifying the issue, or offering another reasonable solution.

Both parties agree to attempt to resolve any disputes in good faith through discussion and negotiation before considering formal legal action. This does not affect either partys right to bring proceedings in an appropriate court.

14. Force Majeure

The Company shall not be in breach of these Terms and Conditions, nor liable for delay in performing, or failure to perform, any of its obligations where such delay or failure results from events, circumstances or causes beyond its reasonable control. This may include extreme weather, accidents, illness, transport disruption, or other unforeseen events.

15. Variations to Terms

The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Clients booking or acceptance of a quote will apply to that Agreement unless otherwise agreed. Updated terms may be applied to future bookings.

16. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law 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 their subject matter.

17. 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 shall be deemed deleted, but such deletion shall not affect the validity and enforceability of the remaining provisions.

No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy. No single or partial exercise shall preclude any other or further exercise of that or any other right or remedy.

The Agreement is between the Company and the Client and no other person shall have any rights to enforce any of its terms. The Client may not assign or transfer its rights or obligations under the Agreement without the Companys prior written consent.