Gardeners New Eltham Service Terms and Conditions

These Service Terms and Conditions set out the basis on which Gardeners New Eltham provides gardening and related services to residential and commercial customers in the United Kingdom. By making a booking or permitting work to commence, you agree to be bound by these terms. Please read them carefully before confirming your appointment.

1. Definitions

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

Client means the person, firm or company requesting services from Gardeners New Eltham.

Company means Gardeners New Eltham and any contractors or operatives engaged on its behalf.

Services means any gardening, garden maintenance, clearance, soft landscaping, lawn care, hedge cutting, planting, or related services provided by the Company.

Site means the garden, outdoor area, or other premises where the Services are to be carried out.

Terms means these Service Terms and Conditions as amended from time to time.

2. Scope of Services

The Company provides a range of gardening services, which may include but are not limited to lawn mowing, pruning, hedge trimming, weeding, planting, garden clearance, soft landscaping, seasonal tidy-ups and regular maintenance visits. The exact scope of Services will be agreed with the Client at the time of booking and confirmed either verbally or in writing.

Any descriptions or examples of work provided by the Company are for general guidance only. The Company will use reasonable skill and care to deliver the Services but does not guarantee that the outcome will precisely match photographs, illustrations, or descriptions, as natural materials and growing conditions vary.

3. Booking Process

3.1 Initial enquiry

The Client may request a quotation or make a booking enquiry by contacting the Company and providing details of the Site, the required Services, access arrangements and any specific preferences or timeframes.

3.2 Quotations

Where appropriate, the Company will provide a quotation based on the information supplied and, if required, a Site visit. Quotations are usually provided as either a fixed price for specified work or an hourly rate, with any materials and waste removal charged separately as agreed.

All quotations are issued subject to Site inspection and are based on the information given at the time. If the information is incomplete or inaccurate, or if Site conditions differ substantially from what was described, the Company reserves the right to amend or withdraw the quotation.

3.3 Acceptance and confirmation

A booking is treated as confirmed only when the Client expressly accepts the quotation or confirms a visit date and the Company acknowledges that confirmation. The Company may refuse a booking at its discretion, for example where access is unsafe or the requested work is outside its usual scope.

3.4 Variations

If the Client requests changes to the agreed Services or if additional work is required due to hidden obstacles, unexpected Site conditions, or regulatory requirements, the Company will discuss any additional charges with the Client before proceeding where reasonably practicable.

4. Client Obligations

The Client agrees to:

Provide accurate and complete information about the Site and the requested Services.

Ensure safe and reasonable access to the Site on the agreed date and time, including access to gates, paths, parking, and any required communal areas.

Inform the Company in advance of any known hazards, underground services, fragile features, ponds, cables, irrigation systems or other risks that may affect the Services.

Ensure that pets and children are kept away from the working area for the duration of the visit.

Obtain any necessary consents, permissions or approvals from landlords, neighbours, freeholders or management companies before work begins where required.

If the Company arrives at the Site and is unable to carry out the Services due to the Client’s failure to meet these obligations, the Company may charge a reasonable call-out or cancellation fee.

5. Access, Parking and Working Hours

The Client must ensure that reasonable access to the Site is available for the Company’s operatives, tools and equipment. Where local parking restrictions apply, the Client is responsible for providing suitable parking or resident permits where possible. If parking fees are incurred in order to carry out the Services, these may be added to the final invoice.

Services will normally be carried out during standard daytime working hours. The Company will use reasonable efforts to attend at the agreed time, but timing is indicative only and may be affected by traffic, weather or earlier jobs. The Company will notify the Client of significant delays or the need to reschedule where reasonably possible.

6. Prices and Payments

6.1 Prices

Prices are usually quoted either as an hourly rate or as a fixed price for a defined job, plus the cost of materials and any waste removal as agreed. All prices are quoted in pounds sterling. Where applicable, any taxes or statutory charges will be included or clearly identified.

6.2 Deposits

For larger projects or where significant materials must be ordered, the Company may require a deposit prior to the commencement of work. The amount of any deposit and due date for payment will be notified to the Client at the time of booking.

6.3 Payment terms

Unless otherwise agreed, payment is due on completion of the Services or, for ongoing maintenance, at the end of each visit. The Company accepts payment through commonly available UK payment methods, which will be confirmed at the time of booking or invoicing.

Where an invoice is issued, payment is due within the timeframe stated on the invoice. If no timeframe is stated, payment is due within 7 calendar days of the invoice date.

6.4 Late payment

If payment is not received by the due date, the Company reserves the right to:

Charge interest on the overdue amount at a reasonable rate, calculated on a daily basis until payment is made in full.

Recover from the Client any reasonable costs incurred in pursuing the debt, including administrative costs.

Cease or suspend further Services to the Client until all outstanding sums have been paid.

7. Cancellations and Rescheduling

7.1 Client cancellations

If the Client needs to cancel or reschedule a booking, they should notify the Company as soon as possible. Where the Client cancels or reschedules with reasonable notice, the Company will not normally charge a fee.

Where cancellation or rescheduling occurs with short notice, the Company may charge a cancellation fee to cover time allocated and any costs incurred. As a general guideline, cancellations made less than 24 hours before the scheduled appointment may be subject to a charge of up to the estimated value of the visit.

7.2 Company cancellations

From time to time, the Company may need to cancel or reschedule an appointment due to operational reasons, severe weather, staff illness, or other events beyond its control. The Company will use reasonable efforts to notify the Client as soon as practicable and to agree a new date and time. The Company will not be liable for any loss arising from such cancellation, save for a refund of any deposit or prepayment relating to the cancelled visit.

8. Weather and Seasonal Conditions

Gardening work is affected by weather and seasonal conditions. The Company will not undertake work where, in its reasonable opinion, conditions make it unsafe or likely to cause damage to the garden or equipment. In such cases, the appointment may be rescheduled without liability to the Company, although any unavoidable costs already incurred may still be payable by the Client.

The Company does not guarantee specific results where they depend on weather, pests, soil conditions or other natural factors beyond the Company’s control.

9. Materials, Plants and Warranties

The Company will use materials, plants and products that are suitable for normal, domestic gardening purposes and consistent with the agreed scope of work. Ownership of materials remains with the Company until full payment has been received.

Where plants or living materials are supplied, the Company will use reasonable skill and care in their selection and planting, but cannot guarantee their long-term survival, growth rate or performance, as these are influenced by weather, watering, soil, pests, and care by the Client after completion.

Any guarantees or warranties offered by manufacturers of products used in the Services are provided by those manufacturers, not by the Company. The Client’s rights to rely on any such warranties will be subject to the terms offered by the manufacturer.

10. Waste Handling and Environmental Regulations

10.1 Green waste

The Company will discuss green waste options with the Client at the time of quotation, including leaving bagged waste on Site, using the Client’s garden waste bin, composting on Site, or arranging removal by the Company. Where green waste removal is requested, a separate charge may apply based on volume and local disposal costs.

10.2 Non-green waste

The Company is not obliged to remove non-green waste such as rubble, metal, plastics, household items or construction debris unless expressly agreed as part of the quotation. Any such removal will be subject to separate charges and must comply with applicable waste regulations.

10.3 Compliance with regulations

The Company will handle, transport and dispose of waste in accordance with applicable UK waste and environmental regulations. The Client agrees not to ask the Company to dispose of hazardous or prohibited materials in breach of the law. If such materials are discovered on Site, the Company may refuse to handle them and may charge for any additional time or services reasonably required to manage the situation safely.

11. Health and Safety

The Company will take reasonable steps to perform the Services safely, including the use of appropriate tools, protective equipment and safe working practices. The Client agrees not to interfere with the Company’s equipment and to keep children, pets and other persons away from the working area while Services are being provided.

If the Company considers that the Site or working conditions present an unacceptable health and safety risk, it may suspend or terminate the Services until the risk is addressed. In such cases, the Client may be liable for any reasonable costs incurred up to that point.

12. Liability and Limitations

12.1 General liability

The Company will use reasonable skill and care in delivering the Services. If the Client believes that the Services have not been performed with reasonable skill and care, the Client must notify the Company as soon as possible and in any event within a reasonable period after completion. The Company may inspect the Site and, where appropriate, offer to correct or re-perform the Services.

12.2 Exclusions

The Company will not be liable for:

Any pre-existing damage or defects at the Site.

Damage caused by inaccurate information supplied by the Client or failure to notify the Company of hidden services or hazards.

Loss or damage arising from the Client’s failure to follow aftercare advice, watering instructions, or maintenance guidance.

Indirect or consequential loss, such as loss of enjoyment, loss of profit or loss of use, arising from the provision or non-provision of the Services.

12.3 Financial cap

To the fullest extent permitted by law, the Company’s total liability to the Client in respect of all losses arising under or in connection with the Services and these Terms, whether in contract, tort or otherwise, shall be limited to the amount paid or payable by the Client for the specific Services giving rise to the claim.

12.4 Non-excludable liability

Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and for fraud or fraudulent misrepresentation.

13. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as possible so that it has an opportunity to investigate and, where appropriate, put matters right. The Company aims to resolve complaints promptly and fairly. If a dispute cannot be resolved directly, the parties may consider using a mutually agreed mediation or alternative dispute resolution process before pursuing court proceedings.

14. Data Protection and Privacy

The Company will collect and use the Client’s personal information only for purposes connected with providing the Services, administering bookings, invoicing and communicating with the Client. Personal information will be handled in accordance with applicable UK data protection laws. The Company will not sell the Client’s personal data to third parties. Limited sharing of data may occur with service providers such as accountants or payment processors where necessary for legitimate business purposes.

15. Force Majeure

The Company will not be in breach of these Terms 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. Such events may include extreme weather, flooding, pandemic restrictions, acts of government, strikes, transport disruptions, fire, or damage to tools or equipment caused by unforeseen circumstances.

16. Amendments to Terms

The Company may update or amend these Terms from time to time. The version in force at the time of the Client’s booking will apply to that booking. A copy of the current Terms is available on request. Continuing to use the Services after changes have been notified will be treated as acceptance of the updated Terms.

17. Governing Law and Jurisdiction

These Terms, 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 from or related to these Terms or the Services provided by the Company.

18. Entire Agreement

These Terms, together with any quotation or booking confirmation agreed between the Company and the Client, constitute the entire agreement between the parties in relation to the Services and supersede any previous understandings, statements or representations, whether oral or written. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

By confirming a booking or allowing the Services to commence, the Client acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.