Gardeners Shadwell Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Shadwell provides gardening and related outdoor services to residential and commercial customers in the United Kingdom. By making a booking, accepting a quotation, or allowing our gardeners to start work at your premises, you agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Customer means the individual, business or organisation that requests and receives services from Gardeners Shadwell.

Company, we, us or our means Gardeners Shadwell, the provider of the gardening services.

Services means any gardening, grounds maintenance, lawn care, planting, hedge trimming, pruning, clearance, green waste removal, landscaping preparation, and any other related work carried out by us.

Premises means the garden, yard, grounds or other outdoor area where the Services are to be performed.

Agreement means the contract between the Customer and the Company consisting of these Terms and Conditions, together with any written quotation or confirmation of booking issued by us.

2. Scope of Services

We provide a range of gardening and outdoor maintenance services tailored to the needs of domestic and commercial clients. The specific Services to be provided in any case will be described in our quotation or booking confirmation.

Unless otherwise agreed in writing, our Services do not include structural building work, specialist arboricultural services such as tree surgery requiring climbing or specialist equipment, pest control, electrical work, plumbing, or any activity requiring separate professional licensing or certification.

The Customer is responsible for clearly explaining any particular requirements or priorities at the time of booking so that we can plan the work appropriately and estimate the time and cost involved.

3. Booking Process

Customers may request a booking by contacting us and providing details of the Premises, the nature of the required Services, any access restrictions, and preferred dates and times. We may ask for photographs or arrange a site visit in order to understand the condition and size of the garden and to provide an accurate quotation.

A booking is only considered accepted and confirmed once we have communicated our acceptance and, where applicable, any required deposit has been paid by the Customer. We reserve the right to decline or cancel any booking request at our discretion, including where the job falls outside our usual service capabilities or where access or safety cannot be assured.

For regular or ongoing maintenance contracts, the frequency and approximate duration of visits will be agreed in advance. Any variation to the agreed schedule should be requested by the Customer with reasonable notice.

4. Quotations and Pricing

We may provide quotations on a fixed price basis, on an hourly rate basis, or as a combination of both, depending on the nature of the work. Quotations are normally based on the information provided by the Customer and on the conditions observed at the Premises at the time of any inspection.

Quotations are usually valid for a limited period specified at the time of issue. If no period is specified, a quotation will be valid for 30 days from the date of issue, after which we may vary the price to reflect any change in costs or conditions.

If, during the course of the work, we discover that additional work is required or that the scope is materially different from what was reasonably anticipated, we will inform the Customer and may issue a revised quotation or agree an additional hourly rate before proceeding.

5. Access to the Premises

The Customer must ensure that our gardeners have safe and reasonable access to the Premises at the agreed time. Gates, locks and security systems should be arranged so that we can enter and exit as needed solely for the purpose of carrying out the Services.

If access is not available at the appointed time and we are unable to perform the Services, we may treat this as a late cancellation and charge a call-out or cancellation fee in accordance with these Terms and Conditions.

The Customer should ensure that pets and children are kept away from the working area for the duration of the visit to ensure the safety of all parties and to avoid disruption to the work.

6. Customer Obligations

The Customer agrees to:

Provide accurate information about the garden and any known hazards, such as uneven ground, sharp objects, or previous use of chemicals.

Inform us of any underground services, cables, pipes or irrigation systems that could reasonably be affected by gardening work.

Ensure that the Premises are reasonably clear of personal items, toys, furniture or other obstructions that may prevent us from safely performing the Services.

Comply with local regulations and landlord or management rules that apply to gardening and outdoor work at the Premises.

Promptly communicate any concerns about the quality or progress of the work so that we have an opportunity to address them.

7. Payments and Deposits

Payment terms will be set out in the quotation or booking confirmation. Unless otherwise agreed in writing, payment is due immediately on completion of the Services or upon receipt of our invoice.

We may accept payment by bank transfer, card, cash or other methods as notified to the Customer from time to time. We do not accept payment in the form of cheques unless previously agreed.

For larger projects or where materials must be purchased in advance, we may require a deposit prior to starting work. The amount of the deposit will be stated in the quotation or booking confirmation. Work will not commence until the required deposit has been received and cleared in our account.

Where ongoing maintenance is provided on a regular schedule, we may invoice monthly or according to another agreed interval. The Customer should pay each invoice within the stated payment period.

If payment is not received by the due date, we reserve the right to suspend Services, to charge reasonable interest on overdue amounts, and to recover any costs incurred in enforcing payment.

8. Cancellations and Rescheduling

The Customer may cancel or request to reschedule a booking by giving us reasonable advance notice. Unless stated otherwise in writing, at least 24 hours notice before the scheduled start time is required to avoid a cancellation charge.

If the Customer cancels with less than the specified notice, or if we attend the Premises and are unable to gain access through no fault of our own, we may charge a cancellation fee which may be up to the full price of the planned visit, depending on the circumstances and the time lost.

For larger projects where a deposit has been taken, cancellation terms will be specified in the quotation or booking confirmation. In some cases, part of the deposit may be retained to cover administrative costs and any materials already purchased.

We reserve the right to cancel or reschedule a booking due to circumstances beyond our reasonable control, including severe weather, staff illness, safety concerns, or equipment failure. In such cases, we will aim to provide as much notice as possible and to agree a new appointment time. We will not be liable for any loss arising from such cancellations or delays.

9. Weather and Seasonal Conditions

Gardening work is inherently affected by weather and seasonal conditions. Certain tasks, such as lawn treatments, planting, or hedge cutting, may need to be carried out at particular times of year or may be postponed due to heavy rain, strong winds, frost or other adverse conditions.

If we judge that the weather or ground conditions make it unsafe or impractical to perform some or all of the Services on the scheduled date, we may adapt the scope of work for that visit or rearrange for another date. Any changes will be discussed with the Customer as soon as reasonably possible.

10. Tools, Equipment and Materials

Unless otherwise agreed, we will provide our own tools and equipment to perform the Services. We expect that there will be reasonable access to an outdoor tap and, where appropriate, an electrical power supply if particular tools require it.

Where materials such as plants, turf, soil, compost, mulch, or lawn treatments are supplied by us, we will aim to select products that are suitable for the local conditions and intended use. However, natural materials may vary and plant growth or survival cannot be guaranteed due to factors beyond our control, such as weather, soil conditions, pests or subsequent care by the Customer.

If the Customer supplies materials, we will not be responsible for their quality or suitability, and any additional time required to deal with unsuitable materials may be charged at our standard rates.

11. Waste Handling and Environmental Regulations

As part of our Services, we may generate green waste such as grass clippings, leaves, branches and other plant material. We will manage this waste in accordance with applicable UK environmental and waste regulations.

Unless otherwise specified in the quotation, our standard service does not automatically include removal of green waste from the Premises. We may, where agreed, bag or stack waste in a suitable area for council collection or disposal by the Customer.

If the Customer requests that we remove green waste or other debris from the Premises, an additional charge may apply to cover collection, transport and disposal fees. The specific arrangement and cost will be outlined in our quotation or agreed prior to the work being carried out.

The Customer must not ask us to dispose of hazardous, controlled or non-garden waste, such as chemicals, paint, building rubble, household rubbish, electrical items or other restricted materials. We reserve the right to refuse to handle any waste that we reasonably believe may breach regulations or pose a risk to health or the environment.

12. Health and Safety

We are committed to carrying out our work safely and in compliance with relevant UK health and safety laws and guidelines. Our gardeners are expected to use appropriate tools and protective equipment and to work in a manner that minimises risk to themselves, to the Customer and to third parties.

The Customer agrees to support safe working practices by keeping the work area free of unnecessary obstacles, by informing us of any known hazards at the Premises, and by ensuring that children and pets are supervised and kept away from machinery and sharp tools.

We may refuse to carry out or may suspend work that we judge to be unsafe or to present a risk to health, property or the environment. In such cases, we will discuss alternative options with the Customer.

13. Liability and Limitations

We will use reasonable care and skill in providing the Services. If we fail to perform the Services with reasonable care and skill, we may, at our discretion, re-perform the relevant part of the Services or offer a reasonable reduction in the price, in accordance with applicable consumer law.

Our total liability to the Customer for any loss or damage arising out of or in connection with the Services, whether in contract, tort or otherwise, shall be limited to the total amount paid or payable by the Customer for the specific visit or project that gave rise to the claim, except where such limitation is not permitted by law.

We will not be liable for any indirect or consequential loss, loss of enjoyment, loss of profit, loss of business or loss of opportunity arising from the provision or non-provision of the Services.

We will not be responsible for damage to property or plants where such damage arises from defects or weaknesses in the existing garden, structures or installations, from undisclosed underground services, or from factors beyond our reasonable control such as extreme weather or pests.

Nothing in these Terms and Conditions is intended to exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot legally be excluded or limited.

14. Complaints and Service Issues

If the Customer is unhappy with any aspect of the Services, we ask that concerns be raised as soon as possible, and in any event within a reasonable period after the visit or completion of the work. This allows us to investigate and, where appropriate, to put matters right.

We may request photographs or a site visit to review the issues raised. If we agree that the Services were not provided with reasonable care and skill, we may re-attend the Premises to remedy the problem or agree an appropriate adjustment to the charges.

15. Data Protection and Privacy

We collect and use personal information such as names, addresses and service details for the purpose of managing bookings, providing the Services and handling payments. We handle such information in accordance with applicable UK data protection laws.

We do not sell or share Customer details with third parties for marketing purposes. We may share limited information with suppliers or subcontractors where this is necessary to deliver the Services, and they will be required to handle such information securely.

16. Intellectual Property

Any plans, layouts, planting schemes or designs created by us remain our intellectual property unless otherwise agreed in writing. The Customer is granted a non-exclusive licence to use such designs solely for the purpose of implementing and enjoying the garden at the Premises.

The Customer must not reproduce, sell or share our designs for use at other properties without our prior written consent.

17. Termination of Ongoing Services

For regular maintenance or ongoing service agreements without a fixed end date, either party may terminate the arrangement by giving reasonable written notice. Unless otherwise specified, a notice period of at least 14 days is expected.

We may terminate or suspend Services with immediate effect if the Customer persistently fails to pay invoices on time, obstructs or abuses our gardeners, or otherwise breaches these Terms and Conditions in a material way.

18. Changes to Terms and Conditions

We may update these Terms and Conditions from time to time to reflect changes in the law, our services or our operating practices. The updated Terms will apply to new bookings from the date of publication. For ongoing maintenance customers, we may notify you of material changes that affect your existing services.

19. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with the Services or the Agreement shall be governed by and construed in accordance with the laws of England and Wales.

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.

20. General Provisions

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect.

No failure or delay by us 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 Customer and Gardeners Shadwell. No other person shall have any rights to enforce any of its terms.

These Terms and Conditions, together with any quotation or booking confirmation, represent the entire agreement between the parties in relation to the Services and supersede any previous discussions or understandings.