020 3744 3778Gardeners Aldborough Hatch Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Aldborough Hatch provides gardening and related services to domestic and commercial customers within its service area. By booking or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before placing any booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person or organisation requesting or receiving services from Gardeners Aldborough Hatch.
Company means Gardeners Aldborough Hatch, providing gardening and related services.
Services means any gardening, grounds maintenance, landscaping, clearance, or related work carried out by the Company.
Site means the garden, outdoor area, or other premises where the Services are to be performed.
Contract means the agreement between the Client and the Company comprising these Terms and Conditions and any written quotation, booking confirmation, or agreed scope of works.
2. Scope of Services
The Company offers a range of gardening and grounds services which may include lawn care, hedge cutting, pruning, planting, weeding, garden tidy-ups, periodic maintenance, soft landscaping, and garden waste handling. The exact scope of Services will be agreed with the Client at the time of booking or as set out in a written quotation.
The Company will carry out the Services with reasonable care and skill and in accordance with generally accepted standards for professional gardening work in the United Kingdom. Timeframes, where given, are estimates and may be subject to weather conditions, access, and other factors beyond the Companys reasonable control.
3. Booking Process
3.1 Service enquiries
The Client may request Services by contacting the Company and providing details of the Site, the type of work required, and preferred dates. On receiving an enquiry, the Company may request further information or photographs, or may arrange a Site visit to assess the work.
3.2 Quotations
Where appropriate, the Company will provide a quotation or estimate for the Services. Quotations will normally specify the type of work to be carried out, an indication of the time required, and the applicable charges. Unless stated otherwise, quotations are valid for 30 days from the date of issue.
3.3 Acceptance and confirmation
A Contract is formed when the Client confirms acceptance of the quotation or otherwise instructs the Company to proceed and the Company confirms the booking. Confirmation may be given verbally or in writing. For larger or ongoing projects, the Company may issue a written confirmation of the booking and schedule.
3.4 Regular maintenance bookings
Where the Client and the Company agree a regular maintenance schedule, visits will usually occur on a recurring basis, for example weekly, fortnightly, or monthly. The exact interval and day of attendance may vary slightly depending on weather, seasonal adjustments, and operational requirements, but the Company will endeavour to maintain consistency.
4. Access to the Site
The Client must ensure that the Company and its staff have safe and sufficient access to the Site on the agreed date and time. This includes providing entry through any gates or doors, and ensuring that access routes are clear of obstacles, hazards, and excessive debris.
If the Company is unable to gain access to the Site, or if work cannot be carried out safely due to circumstances at the Site within the Clients control, the Company may treat the visit as cancelled by the Client and may charge a cancellation fee as set out in these Terms and Conditions.
The Client is responsible for securing pets and for ensuring that children and other persons remain at a safe distance from the working area and any tools, machinery, or chemicals used by the Company.
5. Client Obligations
The Client agrees to:
Provide accurate information regarding the Site and the requested Services.
Inform the Company of any known risks, hazards, underground services, or restrictions at the Site.
Obtain any necessary consents, permissions, or approvals from landlords, neighbours, local authorities, or other relevant parties, where required.
Ensure that water and electricity are available where reasonably required for the Services, unless otherwise agreed.
Refrain from instructing the Companys staff or contractors to perform tasks outside the agreed scope of Services without the prior agreement of the Company.
6. Pricing and Payments
6.1 Rates and charges
Unless otherwise agreed, Services are charged either at an hourly rate or as a fixed price for specific work. Any call-out fees, minimum visit charges, or additional costs such as disposal fees, materials, plants, or specialist equipment will be communicated to the Client before the work is carried out where reasonably possible.
6.2 Payment terms
Payment terms will be set out in the quotation, invoice, or booking confirmation. Typically, payment is due on completion of each visit or upon receipt of invoice. For larger projects or ongoing maintenance contracts, the Company may require deposits, staged payments, or payment in advance.
Payment methods will be communicated to the Client and may include bank transfer or other agreed methods. The Client must not make payment in a form that has not been agreed by the Company.
6.3 Late payment
Where payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate permitted in the United Kingdom and to recover any reasonable costs incurred in pursuing payment. The Company may suspend further Services until all outstanding sums have been paid in full.
7. Cancellations and Rescheduling
7.1 Cancellation by the Client
If the Client needs to cancel or reschedule a booking, they should provide as much notice as reasonably possible. The Company may apply a cancellation charge where a visit is cancelled with short notice, including:
No charge for cancellations made with at least 48 hours notice before the scheduled visit, unless otherwise stated in a specific project agreement.
A reasonable cancellation fee, which may be up to the minimum visit charge, for cancellations made with less than 48 hours notice or where the Company attends the Site and is unable to gain access.
7.2 Cancellation by the Company
The Company reserves the right to cancel or postpone a booking in cases of severe weather, illness, vehicle breakdown, equipment failure, safety concerns, or any circumstances beyond its reasonable control. In such cases, the Company will endeavour to provide the Client with as much notice as possible and to arrange an alternative date. The Company will not be liable for any loss arising from such cancellation or postponement, but any sums paid in advance for the affected visit will be applied to the rescheduled date or refunded where appropriate.
8. Garden Waste and Environmental Regulations
8.1 Handling of garden waste
As part of the Services, the Company may generate garden waste such as grass cuttings, leaves, branches, and other vegetation. The default arrangement for the handling of garden waste will be agreed with the Client before work commences. Options may include leaving waste on-site in a designated area, using the Clients garden waste bin where available, or arranging for removal and disposal by the Company for an additional charge.
8.2 Compliance with regulations
The Company will comply with relevant UK regulations concerning the transport and disposal of garden and green waste. Where the Company removes waste from the Site, it will dispose of it at an authorised facility or by other lawful means. The Client must not request disposal methods that breach local or national environmental rules, such as unauthorised burning or fly-tipping.
8.3 Waste not generated by the Company
Unless otherwise agreed, the Company is not responsible for removing household waste, builder’s rubble, hazardous materials, or items that are not garden waste arising directly from the Services. Additional charges may apply if the Company agrees to handle such materials, and the Company reserves the right to refuse removal of any material that cannot be managed safely or lawfully.
9. Materials, Plants, and Guarantees
Where the Company supplies materials, compost, turf, or plants as part of the Services, ownership of those materials will usually pass to the Client upon payment in full. The Company will take reasonable care in selecting good quality plants and materials and will position them in locations agreed with the Client or considered suitable by the Company based on the information available.
Living plants and turf are natural products and subject to variations in growth, weather, soil conditions, and care. The Company cannot guarantee the lifespan or performance of plants after completion of the work, especially where the Client is responsible for ongoing watering, feeding, and maintenance. Any guidance provided by the Company regarding aftercare is given in good faith but does not constitute a guarantee of outcome.
10. Health and Safety
The Company will take reasonable steps to carry out work in a safe and responsible manner and to comply with applicable health and safety legislation. The Client must co-operate with the Company on health and safety matters and follow any instructions given to reduce risk to persons or property.
The Client must inform the Company of any known hazards, including uneven ground, hidden water features, fragile surfaces, steps, or underground utilities such as cables and pipes. The Company will not be liable for damage arising from hazards that were not disclosed or were not reasonably apparent.
11. Liability and Limitations
Nothing in these Terms and Conditions excludes or limits the Companys liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other matter for which liability cannot legally be excluded or limited under the laws of England and Wales.
Subject to the above, the Company will not be liable for any indirect or consequential loss, loss of profits, loss of enjoyment, or loss of opportunity arising out of or in connection with the Services or the Contract.
The Companys total liability to the Client for any loss or damage arising from or in connection with the Contract, whether in contract, tort, or otherwise, will be 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 responsible for pre-existing damage to the Site or property, for deterioration caused by pests, diseases, weather events, or for any issues arising where the Client has failed to follow reasonable aftercare advice or has altered the work carried out by the Company.
12. 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 possible, ideally within 48 hours of the visit or completion of the relevant work. The Company will review the concern, may inspect the Site, and will work with the Client to reach a fair resolution, which may include remedial work where appropriate.
Any disputes that cannot be resolved amicably may be referred to an appropriate alternative dispute resolution body where both parties agree, or otherwise dealt with by the courts of England and Wales as set out below.
13. Force Majeure
The Company will not be in breach of the Contract, nor liable for any delay or failure in performance, where such delay or failure results from events or circumstances beyond its reasonable control. These may include extreme weather, natural disasters, acts of government, strikes, utility failures, pandemics, or other unforeseeable events. In such cases, the Company may suspend the Services and will resume them as soon as reasonably practicable.
14. Data Protection and Privacy
The Company will collect and process personal information about Clients only to the extent necessary to manage bookings, provide Services, issue invoices, and maintain records for legal and operational purposes. Personal data will be handled in accordance with applicable UK data protection legislation. The Company will not sell Client personal data to third parties and will only share information where required for the performance of the Services or by law.
15. Variations to the Terms
The Company reserves the right to amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to that booking. Any significant changes that materially affect recurring maintenance Clients will be communicated where reasonably practical.
16. 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 courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim, subject to any mandatory rights that a consumer Client may have to bring proceedings in their local courts.
By placing a booking or continuing to use the Services of Gardeners Aldborough Hatch, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
