Gardeners Perivale Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Perivale provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, 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 shall have the meanings set out below.
Client means the person, firm, or organisation requesting services from Gardeners Perivale.
Company means Gardeners Perivale, the gardening service provider.
Services means any gardening, garden maintenance, garden clearance, lawn care, hedge trimming, planting, soft landscaping, or related services supplied by the Company to the Client.
Site means the garden, land, or premises where the Services are to be carried out.
Agreement means the binding contract between the Company and the Client made up of these Terms and Conditions together with any written quotation or confirmation of booking issued by the Company.
2. Scope of Services
The Company provides professional gardening and garden maintenance services, including but not limited to lawn mowing, hedge cutting, pruning, weeding, planting, soil preparation, garden clearance, and general outdoor maintenance. The specific scope of Services to be delivered will be set out in the quotation, booking confirmation, or agreed work schedule.
The Company reserves the right to decline work that it considers unsafe, unsuitable for the expertise of its staff, or beyond the practical limits of the equipment normally used for gardening services.
Any additional tasks requested by the Client during the visit that go beyond the agreed scope will be carried out at the Companys discretion and may be subject to additional charges.
3. Booking Process
Bookings may be requested by the Client by providing the Company with the required details of the Site, the nature of the work, and the preferred dates and times. All bookings are subject to availability and acceptance by the Company.
The Company may offer an initial visit or assessment, which may be in person or based on information and images supplied by the Client, to enable an accurate quotation. Quotations are typically estimates based on the information available and the Companys assessment of the work required.
A booking will be regarded as accepted once the Company has issued a confirmation of booking or has otherwise confirmed that the visit is scheduled. The Company may request confirmation of acceptance of a quotation before attending the Site.
For larger or ongoing projects, the Company may issue a written Agreement or work schedule. The Client is responsible for checking that the details are correct and for notifying the Company of any discrepancies before work commences.
4. Access and Site Conditions
The Client must ensure that the Company and its gardeners have safe and reasonable access to the Site at the agreed times, including access to any necessary parking areas, gates, and pathways.
The Client should ensure that the Site is reasonably free of hazards, obstructions, and items that could interfere with the performance of the Services. This includes ensuring that pets, children, and other persons are kept away from the immediate work area while the Services are being provided.
The Client must inform the Company of any known underground services, cables, pipes, or other hidden features that could be affected by gardening work. The Company will not be liable for damage to any item that the Client has not drawn to its attention or that could not reasonably have been identified.
5. Client Responsibilities
The Client is responsible for providing accurate information about the Site, including size, layout, existing planting, and any restrictions that may affect the work.
The Client must obtain, at their own cost, any necessary consents, approvals, or permissions required for the Services, including planning permissions, landlord approvals, or permissions from neighbours where relevant.
The Client must ensure that any water or electricity required for the Services is available at the Site, unless otherwise agreed.
The Client agrees not to instruct Company staff to undertake tasks that fall outside the agreed scope or that are unsafe, inappropriate, or unrelated to gardening or outdoor maintenance.
6. Pricing and Quotations
Prices for the Services may be based on an hourly rate, a fixed price quotation, or a combination of both, as communicated to the Client before the work commences.
Quotations are valid for a limited period as stated by the Company and are subject to revision if the information originally supplied by the Client proves to be incomplete or inaccurate, or if the condition of the Site has materially changed.
The Company reserves the right to adjust its prices from time to time to reflect changes in operating costs, materials, fuel, disposal charges, and other relevant factors. Any revised pricing affecting future visits or ongoing maintenance schedules will be communicated to the Client in advance.
7. Payments and Invoicing
Payment terms will be stated on the quotation, invoice, or booking confirmation. Unless specified otherwise, payment is due on completion of the Services for one-off visits and in accordance with the agreed schedule for regular maintenance contracts.
The Company may accept various methods of payment, which will be communicated to the Client. The Client undertakes to pay all invoices in full, without deduction or set-off, by the due date.
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 allowable under applicable law, accruing daily until payment is received in full.
In the event of persistent late payment or non-payment, the Company may suspend or cancel further Services without liability and may take steps to recover the outstanding sums, including any reasonable costs of recovery.
8. Cancellations and Rescheduling
The Client may cancel or request to reschedule a booking by giving the Company advance notice within the time period specified in the booking confirmation or quotation.
If adequate notice is not provided, the Company reserves the right to charge a cancellation fee, which may be up to the full amount of the scheduled visit, to cover the time reserved and any costs incurred.
If the Company needs to cancel or reschedule a visit, it will use reasonable endeavours to provide the Client with as much notice as practicable and to arrange an alternative date and time. The Company shall not be liable for any loss arising from such cancellation or rescheduling, provided that it makes reasonable efforts to minimise disruption.
Adverse weather conditions, access problems, safety concerns, or other circumstances beyond the control of the Company may require short-notice changes to bookings. In such cases, the Company will work with the Client to rebook the Services at the earliest suitable opportunity.
9. Service Standards and Materials
The Company will perform the Services with reasonable care and skill, in accordance with generally accepted standards for professional gardening and with regard to seasonal and environmental conditions.
Where plants, turf, compost, mulch, or other materials are supplied by the Company, they will be of a quality suitable for the intended purpose. Natural variations may occur, and the performance of living plants and lawns is dependent on factors such as weather, soil conditions, and ongoing care by the Client.
The Client is responsible for watering, feeding, and maintaining plants and lawns after planting or installation, unless the Company has specifically agreed to provide ongoing maintenance. The Company cannot guarantee the survival or performance of plants and lawns where recommended aftercare is not followed.
10. Waste Management and Green Waste Regulations
As part of garden maintenance and clearance work, the Company may generate green waste, including grass cuttings, leaves, branches, and other vegetation, as well as limited quantities of non-hazardous garden-related waste.
The Company will handle garden waste in accordance with applicable waste management regulations and best practice. This may include on-site composting, cutting material for Client use, or removal from the Site where such service has been agreed and priced accordingly.
Where waste removal is requested or included, any charges will be clearly indicated. The Company will not remove hazardous waste, controlled waste, or items that fall outside the scope of normal garden waste, such as construction rubble, household rubbish, or chemical containers.
The Client is responsible for ensuring that any waste they ask the Company to handle has been honestly represented and is suitable and lawful for removal. The Company reserves the right to refuse to remove any waste it considers unsafe, illegal, or inappropriate.
11. Health and Safety
The Company is committed to operating in a safe and responsible manner and will take reasonable steps to protect its staff, the Client, and the public while carrying out the Services.
The Client must cooperate with the Company on all health and safety matters, including keeping children, pets, and visitors away from the immediate work area and equipment, and following any safety instructions reasonably given by the Companys staff.
The Company may suspend the Services if it considers that continuing would pose an unacceptable risk to health or safety. In such cases, the Company will discuss rearrangement or modification of the work with the Client, and any additional costs arising will be agreed where relevant.
12. Liability and Limitations
Nothing in these Terms and Conditions shall limit or exclude the Companys liability for death or personal injury caused by its negligence, or for any other liability that cannot lawfully be excluded.
Subject to the above, the Company shall not be liable for any loss of profit, loss of business, loss of enjoyment, or any indirect or consequential loss arising out of or in connection with the Services or this Agreement.
The Companys total liability to the Client in respect of any claim arising from the Services or the Agreement, whether in contract, tort including negligence, breach of statutory duty, or otherwise, shall be limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.
The Client is responsible for moving or protecting any items of particular value, fragility, or sensitivity before work begins. The Company shall not be liable for damage to items left in the working area that could reasonably have been removed or shielded by the Client.
The Company shall not be liable for any delay, failure, or inability to perform the Services due to events beyond its reasonable control, including extreme weather, acts of God, strikes, or the actions of third parties.
13. Complaints and Disputes
If the Client is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as reasonably practicable, and in any event within a reasonable time after the completion of the relevant work.
The Company will investigate complaints in good faith and will seek to resolve issues promptly, which may include revisiting the Site to inspect the work and, where appropriate, carrying out remedial work.
Raising a complaint does not entitle the Client to withhold payment for Services that have been duly provided, unless agreed otherwise in writing by the Company.
14. Termination
Either party may terminate an ongoing maintenance arrangement by giving the other party the notice period specified in the agreement or, if none is specified, by giving reasonable written notice.
The Company may terminate the Agreement with immediate effect if the Client commits a serious breach of these Terms and Conditions, fails to pay amounts due, or behaves in a manner that is abusive, threatening, or otherwise unacceptable towards the Companys staff.
Upon termination, the Client shall pay for all Services provided up to the date of termination, together with any agreed cancellation or notice charges, if applicable.
15. Privacy and Confidentiality
The Company will handle personal information supplied by the Client in accordance with applicable data protection laws. Information will be used only for the purposes of managing bookings, delivering Services, and handling enquiries and accounts.
The Company will take reasonable steps to keep Client information secure and will not sell or knowingly disclose such information to third parties except where necessary to provide the Services, comply with legal obligations, or with the Clients consent.
16. Amendments to These Terms
The Company may revise these Terms and Conditions from time to time to reflect changes in law, operational needs, or industry practice. The updated version will apply to future bookings and, where reasonable, to ongoing arrangements following notice to the Client.
Continued use of the Services after notification of any changes will be taken as acceptance of the revised Terms and Conditions.
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.
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.
18. General Provisions
If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed deleted and the remaining provisions shall continue in full force and effect.
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.
The Agreement is between the Company and the Client and is not intended to confer any rights on any third party.
These Terms and Conditions constitute the entire agreement between the parties in relation to the Services and supersede any prior discussions, correspondence, or understandings.