Gardeners Barking Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Barking provides gardening and related services to residential and commercial clients. By making a booking or allowing work to proceed, 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 given below.

Client means the person, company or organisation requesting services from Gardeners Barking.

Company means Gardeners Barking, the gardening service provider.

Services means any gardening, garden maintenance, landscaping, clearance or related works supplied by the Company to the Client.

Site means the garden, land or premises at which the Services are to be carried out.

Contract means the agreement between the Company and the Client for the supply of Services, incorporating these Terms and Conditions.

2. Scope of Services

The Company provides general gardening and grounds maintenance services, which may include lawn care, hedge cutting, pruning, planting, garden tidy-ups, garden clearance, weed control and other related tasks as agreed with the Client.

The exact scope of the Services will be set out in the quotation, booking confirmation or other written description agreed between the Client and the Company. Any additional work requested that is outside the agreed scope may be subject to separate charges and timeframes.

3. Booking Process

3.1 Initial enquiry

Clients may request a quotation by contacting the Company with details of the required gardening work and the Site location. The Company may request photographs or arrange a Site visit to assess the work and provide an estimate.

3.2 Quotations

Any quotation provided is based on the information available at the time and is valid for a limited period as stated in the quotation. If no period is specified, the quotation will normally be valid for 30 days from the date of issue. Quotations are estimates only and may be adjusted if the scope of work changes or if unforeseen conditions arise at the Site.

3.3 Accepting a booking

A booking is only confirmed when the Client has accepted the quotation or stated charges and the Company has acknowledged the booking. Acceptance may be by written confirmation or other clear agreement between the parties. The Company reserves the right to decline any booking at its discretion.

3.4 Start dates and time windows

The Company will offer an approximate date or time window for attending the Site. All dates and times are estimates and are subject to change due to weather conditions, previous jobs overrunning, staff availability and other factors beyond the Companys reasonable control. The Company will use reasonable efforts to inform the Client of any significant delays or changes.

4. Client Responsibilities and Site Access

The Client must ensure safe and reasonable access to the Site for the duration of the Services. This includes providing access through gates, communal areas, driveways or other routes as necessary for personnel, tools, machinery and vehicles.

The Client is responsible for ensuring that all pets and children are kept away from the working area for health and safety reasons. The Client must notify the Company in advance of any specific Site hazards, such as unstable structures, hidden cables, ponds, sharp drops or other risks that may affect the safety of the workforce.

If the Company is unable to gain access to the Site at the agreed time due to circumstances within the Clients control, the Company may apply a call-out or cancellation charge, including any minimum fee for attendance.

5. Materials, Equipment and Standards of Work

The Company will supply the tools and equipment necessary to perform the Services unless otherwise agreed. If materials such as plants, turf, soil or aggregates are required, these may be supplied by the Company or by the Client by agreement.

All Services will be carried out with reasonable care and skill consistent with good horticultural practice. However, the Company does not guarantee specific horticultural outcomes which may depend on factors beyond its control, including weather conditions, pests, diseases, soil quality, ongoing maintenance and the Clients compliance with aftercare instructions.

Where plants or turf are supplied, their performance and survival will depend heavily on appropriate watering and aftercare by the Client. The Company will not be liable for failure of plants or turf due to neglect, extreme weather, pests or other factors outside its control.

6. Pricing and Payment Terms

6.1 Pricing basis

Services may be charged on an hourly rate, day rate, per-visit basis, fixed project price or a combination, as set out in the quotation or booking confirmation. Additional charges may apply for waste removal, specialist machinery, premium materials or extended travel time where applicable.

6.2 Deposits

The Company may require a deposit or advance payment for larger jobs, special orders or first-time Clients. The deposit amount and due date will be specified at the time of booking. Work may not commence until the deposit is received in cleared funds.

6.3 Payment methods and due dates

Payment is due in accordance with the terms stated on the invoice or booking confirmation. Unless otherwise stated, payment is due immediately upon completion of the Services or within 7 days of the invoice date. The Company accepts commonly used, lawful payment methods as advised to the Client at the time of booking or invoicing.

6.4 Late payment

If the Client fails to pay in full by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate allowed under applicable law and to recover any reasonable costs incurred in pursuing payment. The Company may suspend or cancel further Services until all outstanding sums are paid.

7. Cancellations, Rescheduling and No-Show

7.1 Cancellation by the Client

The Client may cancel or reschedule a booking by giving reasonable notice. Unless otherwise agreed in writing, a minimum of 24 hours free days notice before the scheduled start time is required for standard gardening visits.

If the Client cancels with less than the required notice or does not provide access to the Site at the agreed time, the Company may charge a cancellation fee up to a reasonable percentage of the quoted price or apply a minimum call-out charge to cover costs incurred.

For larger projects involving pre-ordered materials or specialist equipment, longer notice periods and different cancellation terms may apply, as specified in the quotation or project agreement. Any costs already incurred by the Company for materials, delivery or preparatory work may be deducted from any deposit or charged separately.

7.2 Cancellation or rescheduling by the Company

The Company may need to cancel or reschedule a visit due to severe weather, staff illness, equipment failure or other circumstances outside its reasonable control. In such cases, the Company will endeavour to give as much notice as possible and will offer an alternative date or time. The Company will not be liable for any consequential loss arising from such changes.

8. Health, Safety and Environmental Considerations

The Company will carry out the Services in accordance with relevant health and safety duties. Staff are trained to work safely with tools, machinery, and horticultural products.

The Client must not request any work that would require the Company to break the law, breach health and safety regulations or contravene local planning or environmental rules. Where such requests are made, the Company reserves the right to refuse the work and charge for any time and expenses already incurred.

9. Garden Waste and Environmental Regulations

9.1 Waste handling

During gardening or clearance work, green waste such as grass cuttings, leaves, branches and plant material may be generated. The default arrangement will be specified at booking, either that waste is left neatly on the Site for the Client to dispose of, or that the Company removes the waste for an additional charge.

9.2 Waste removal charges

Where waste removal is requested or required, the Company may charge based on the volume and type of waste. Charges will be clearly explained in advance where possible. The Company will only use lawful and compliant methods of transport and disposal.

9.3 Legal compliance

The Company complies with applicable waste and environmental regulations when transporting and disposing of garden waste. The Client must not ask the Company to dispose of controlled, hazardous or prohibited materials as part of the garden waste. The Client is responsible for informing the Company if any waste to be handled may contain sharps, contaminated items or hazardous substances.

10. Damage, Liability and Insurance

10.1 Duty of care

The Company will take reasonable care to avoid damage to the Clients property when carrying out the Services. However, the Client should remove or protect any fragile items, ornaments, outdoor furniture, plant pots, decorations or other items that could be affected by gardening work.

10.2 Limits of liability

The Company will not be liable for any indirect or consequential loss, loss of profit, loss of enjoyment, or loss arising from delays, rescheduling or cancellations outside its reasonable control.

The Companys total liability for any direct loss or damage arising from the Services, whether in contract, tort or otherwise, shall be limited to the total price paid or payable by the Client for the specific visit or project in question, except where liability cannot legally be limited under applicable law.

10.3 Exclusions

The Company will not be liable for damage arising from pre-existing defects, structural weaknesses, hidden objects underground or otherwise not reasonably visible, poor installation of materials by third parties, or issues discovered only once work has begun such as buried cables, pipes or tree roots in unexpected locations.

10.4 Insurance

The Company aims to maintain appropriate public liability insurance for the Services it provides. Evidence of cover may be made available upon reasonable request.

11. Complaints and Defects

If the Client is dissatisfied with any aspect of the Services, they should inform the Company as soon as reasonably possible, preferably within 48 hours of the visit or completion of the work.

The Company will investigate complaints in good faith and, where appropriate, may arrange a revisit to inspect the issue. If the Company considers that the Services have not been carried out with reasonable care and skill, it may at its discretion offer to rectify the issue or provide a partial refund, subject to the limitations set out in these Terms and Conditions.

The Company is not responsible for deterioration of the garden caused by the Clients failure to follow aftercare advice, lack of watering, excessive wear, extreme weather or other circumstances beyond the Companys control.

12. Intellectual Property and Use of Images

Any plans, designs, planting schemes or other materials created by the Company remain the intellectual property of the Company unless expressly agreed otherwise in writing.

The Company may from time to time take photographs of the garden or project before, during or after the work for record-keeping, quality control or promotional purposes. Where images are used publicly, the Company will take reasonable steps not to reveal personal identifying information of the Client or precise location without consent.

13. Data Protection and Privacy

The Company collects and processes Client information only as necessary to arrange and provide the Services, handle payments, manage enquiries and comply with legal obligations. Personal information is handled in accordance with applicable data protection laws.

Client information will not be sold to third parties. It may be shared with trusted subcontractors or suppliers where necessary to perform the Services, process payments or deliver materials. The Client has the right to request access to the personal data held about them and to request correction of inaccuracies.

14. Force Majeure

The Company will not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. These may include severe weather, flooding, storms, fire, industrial disputes, accidents, acts of government or public authorities, or interruption of utilities.

In such circumstances, the Company may suspend the Services for the duration of the event or terminate the Contract where the event makes performance impossible or impractical over an extended period.

15. Termination

Either party may terminate an ongoing maintenance arrangement by giving reasonable written notice in line with any minimum term stated in the agreement. The Client will remain liable for all Services performed and any costs incurred up to the effective date of termination.

The Company may terminate the Contract or suspend Services with immediate effect if the Client commits a serious breach of these Terms and Conditions, fails to pay sums due, is abusive or threatens staff, or requests work that is unsafe or unlawful.

16. Variations to Terms

The Company reserves the right to update or amend these Terms and Conditions from time to time. The latest version will apply to new bookings from the date it is made available. For ongoing or long-term arrangements, the Company will provide reasonable notice of any material changes.

17. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, the Services, or their subject matter or formation, 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.

18. Entire Agreement

These Terms and Conditions, together with any written quotation, booking confirmation or other documents expressly agreed between the parties, constitute the entire agreement between the Client and the Company in relation to the Services. No other representations, promises or statements shall be binding unless made in writing and signed by an authorised representative of the Company.

By confirming a booking with Gardeners Barking or permitting work to commence, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions.