Gardeners Dagenham Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Dagenham provides gardening and related services to residential and commercial clients. By placing 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 requesting any services.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the individual, company or organisation requesting the services.
Company means Gardeners Dagenham, the provider of the services.
Services means gardening, garden maintenance, landscaping, clearance, green waste removal, and any other related services supplied by the Company.
Site means the garden, grounds or property at which the Services are to be provided.
Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation or service confirmation.
2. Scope of Services
The Company offers a range of gardening and garden maintenance services, which may include lawn care, hedge trimming, planting, weeding, pruning, garden clearance, soft landscaping and related work as agreed with the Client.
The precise scope of Services will be confirmed in a quotation, booking confirmation or agreed schedule of works. Any description of services provided in promotional material is for general guidance only and does not form part of the Agreement unless specifically stated in writing.
The Company reserves the right to refuse or suspend services where conditions on Site present a health and safety risk, where access is not reasonably available, or where the requested work is outside the Companys usual area of operation.
3. Booking Process
3.1 Booking enquiries
The Client may request an estimate or make a booking enquiry by phone, online form or other communication method used by the Company. An enquiry does not constitute a confirmed booking until accepted by the Company.
3.2 Quotations
The Company may provide a quotation based on information supplied by the Client, including photographs, descriptions and measurements, or following a Site visit. Quotations are given in good faith but are based on the visible and reported condition of the Site at the time of assessment.
3.3 Acceptance of quotation
A binding Agreement is formed when the Client accepts the quotation or booking confirmation issued by the Company, whether in writing, verbally, or by allowing the work to proceed on the agreed date.
3.4 Amendments to bookings
Any changes to the scope of work, dates, times or access arrangements must be agreed in advance. The Company will endeavour to accommodate reasonable changes, but cannot guarantee availability, and additional charges may apply.
4. Access and Client Obligations
The Client must ensure that the Company has safe and timely access to the Site on the agreed date and time. This includes provision of keys, gate codes, parking permissions or any other access details that have been agreed in advance.
The Client must inform the Company of any known hazards or restrictions at the Site, such as uneven ground, fragile structures, underground utilities, presence of pets, or any other matter that may affect the Services or pose a risk to personnel.
The Client is responsible for ensuring that the Site is clear of personal items and obstacles that might interfere with the performance of the Services, unless removal of such items is explicitly included in the quotation.
If the Company is unable to carry out the Services due to lack of access, health and safety concerns, or other reasons within the Clients control, a call-out or cancellation fee may be charged in accordance with these Terms and Conditions.
5. Pricing and Payment Terms
5.1 Pricing
Prices for Services may be given as a fixed quote, an hourly rate, or a combination of both. The pricing basis will be clearly indicated in the quotation or booking confirmation. Additional charges may apply for disposal of waste, materials, specialist equipment, parking and congestion or emission zone fees where applicable.
5.2 Deposits
The Company may require a deposit for certain works, particularly larger projects or where materials must be purchased in advance. Deposit requirements will be stated in the quotation. Deposits are usually non-refundable once materials have been ordered, except where the Company cancels the Agreement without cause.
5.3 Payment methods and timing
Unless otherwise agreed, payment is due immediately upon completion of the Services on the day of the visit. For larger projects, staged payments may be required as set out in the quotation. The Company may accept various payment methods, such as bank transfer or card payments, as communicated to the Client.
5.4 Late payment
If payment is not received by the due date, the Company reserves the right to charge interest on the outstanding amount at a reasonable rate and to recover any costs incurred in pursuing late payment. The Company may suspend or cancel further Services until the account is brought up to date.
6. Cancellations and Rescheduling
6.1 Client cancellations
The Client may cancel or reschedule a booking by giving reasonable notice. For standard gardening visits, at least 24 hours notice is usually required. For larger projects or full-day bookings, the Company may require more notice, which will be stated in the quotation or booking confirmation.
If the Client cancels with insufficient notice, the Company may charge a cancellation fee to cover lost time and costs incurred, which may be up to the full amount of the expected service charge for that booking.
6.2 Company cancellations
The Company reserves the right to cancel or reschedule a booking due to circumstances beyond its control, including but not limited to severe weather, staff illness, equipment failure, safety concerns or access issues. The Company will aim to provide as much notice as reasonably possible and to offer an alternative date. The Company will not be liable for any consequential loss arising from such cancellations.
6.3 Weather conditions
Certain gardening and landscaping services may be unsafe or unsuitable in adverse weather conditions. The Company may postpone work if conditions are considered unsafe or if proceeding would risk damage to the garden, property, tools or plants. In such cases, the booking will be rescheduled at no additional cost to the Client, unless specific expenses have already been incurred that cannot be recovered.
7. Waste Handling and Environmental Regulations
7.1 Green waste
The Company will handle green waste in accordance with applicable environmental and waste management regulations. Unless explicitly included in the quotation, the Client should not assume that waste removal is part of the Service. The quotation or booking confirmation will state whether green waste will be bagged, left on Site, or removed by the Company.
Where green waste removal is included, the Company will transport waste only to authorised disposal or recycling facilities. Charges for waste removal will depend on the volume, weight and nature of the waste.
7.2 Other waste and materials
The Company is not responsible for disposal of non-garden waste, hazardous waste, soil contaminated with chemicals, or materials such as rubble, metal, plastics or construction waste, unless specifically agreed in writing. If such items are discovered during the Service, the Company may adjust the quotation or decline to remove the materials.
7.3 Compliance with regulations
The Client must not instruct the Company to dispose of waste in a manner that breaches local or national regulations. The Company reserves the right to refuse any request that would contravene waste disposal or environmental laws.
8. Health, Safety and Conduct
The Company will take reasonable steps to carry out Services in a safe and professional manner, in line with applicable health and safety requirements. Clients and any occupants of the property are requested to keep clear of the work area while Services are being carried out, and to supervise children and pets appropriately.
The Company expects its staff to conduct themselves respectfully and professionally while on Site. Likewise, the Client and any occupants should treat Company personnel with courtesy. The Company reserves the right to withdraw staff and terminate the visit if they are subjected to abusive, threatening or inappropriate behaviour, and in such circumstances the full quoted price may be charged.
9. Liability and Limitations
9.1 Reasonable care
The Company will perform the Services with reasonable care and skill. If the Client believes that the Services have not been performed to a reasonable standard, they should notify the Company within a reasonable time, and the Company will consider whether remedial action is appropriate.
9.2 Damage to property
While exercising reasonable care, minor damage to plants, lawns or garden features may occur as an unavoidable consequence of gardening activities. The Company is not liable for normal wear and tear, or for damage arising from pre-existing defects or weaknesses at the Site, including unstable walls, old fencing, poorly installed paving or defective structures.
9.3 Exclusions of liability
The Company will not be liable for any indirect, consequential or economic loss, including loss of enjoyment, loss of profit, or loss of opportunity, arising out of or in connection with the Services. The Company does not accept liability for issues arising from factors beyond its control, such as pests, diseases, extreme weather, drought, flooding, subsidence, pollution or the Clients subsequent neglect of the garden.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, or any other liability which cannot lawfully be limited or excluded.
10. Guarantees and Planting
Where the Company supplies and plants shrubs, trees or other plants, successful establishment depends on suitable conditions and appropriate aftercare. Unless expressly stated in writing, the Company does not guarantee the survival or growth of plants once supplied and planted, as this is subject to factors beyond its control.
The Client is responsible for ongoing watering, feeding and care of plants after completion of the Service, following any guidance provided by the Company.
11. Complaints and Disputes
If the Client has a concern or complaint about any aspect of the Services, they should contact the Company as soon as possible, providing details of the issue and, where helpful, photographs. The Company will review the matter and may arrange a visit to the Site if appropriate.
The Company aims to resolve complaints promptly and reasonably. Where a defect in the Services is identified, the Company may at its discretion offer to rectify the issue, provide a partial refund, or agree another suitable remedy. This will be the Clients sole and exclusive remedy in respect of such defects, to the fullest extent permitted by law.
12. Variations to the Terms
The Company may amend these Terms and Conditions from time to time to reflect changes in law, operational practices or the range of Services offered. The version of the Terms and Conditions in force at the time of booking will apply to that Agreement, unless both parties agree in writing to adopt a revised version.
13. Data Protection and Privacy
The Company may collect and process personal data about the Client, such as name, address, contact details and information about the Site, for the purposes of providing Services, managing bookings and handling payments. The Company will take reasonable steps to protect such data and will not sell or disclose it to unrelated third parties except where required by law or necessary for the performance of the Services.
By engaging the Company, the Client consents to the use of their personal data for these purposes, subject to any applicable data protection legislation.
14. Force Majeure
The Company will not be in breach of this Agreement or 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 extreme weather, acts of God, accidents, fire, strikes, lockouts, pandemics, acts of government or failure of suppliers or subcontractors.
15. 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 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 by the Company.
By making a booking or allowing work to commence, the Client confirms that they have read, understood and agree to these Terms and Conditions.