Gardeners Leamouth Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Leamouth provides gardening and related services to residential and commercial clients. By booking or accepting any service from Gardeners Leamouth, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.

1. Definitions

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

Client means the individual, business or organisation requesting or receiving services from Gardeners Leamouth.

Company means Gardeners Leamouth, the gardening service provider.

Services means any gardening, garden maintenance, landscaping, clearance, planting, lawn care, hedge trimming, pruning or related services supplied by the Company.

Booking means a request by the Client for Services, whether made by phone, online, in writing or in person, which is accepted by the Company.

Service Visit means the specific date and time period agreed for the provision of Services.

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

2. Scope of Services

Gardeners Leamouth provides gardening and related services, which may include but are not limited to regular garden maintenance, one-off garden tidy-ups, lawn care and mowing, pruning and hedge cutting, planting and border work, garden clearance, soft landscaping and other similar tasks agreed in advance.

The exact scope of Services for each Booking will be agreed between the Client and the Company before the start of the Service Visit, either in writing or verbally. Any description provided by the Company is for guidance only and does not constitute a guarantee that specific results will be achieved, particularly where factors such as weather, soil conditions, existing plant health and access constraints play a role.

3. Booking Process

A Booking may be made by the Client by contacting the Company through its usual communication channels. The Client should provide clear information about the garden, access, size of the area, type of work required, and any particular issues such as steep slopes, fragile planting or previous damage.

Following an enquiry, the Company may offer a quotation or an estimate. In some cases, an initial site visit may be required before confirming the price or the nature of the work. Quotations are based on information given by the Client and any site inspection carried out by the Company.

A Booking is confirmed when the Company has accepted the Client's request and has agreed a date or period for the Service Visit. The Company reserves the right to refuse any Booking at its sole discretion.

For ongoing maintenance Services, the Booking may cover a recurring schedule, such as weekly, fortnightly or monthly visits, subject to agreement between the parties. Either party may request a review of the schedule or scope of Services if the garden conditions or Client requirements change.

4. Estimates and Quotations

Any estimate provided is an approximate indication of cost and time, based on the information available at the time. If during the Service Visit it becomes apparent that additional time or work is required beyond what was reasonably foreseeable, the Company will inform the Client and seek approval before proceeding. Additional charges may then apply.

Where a fixed quotation has been provided, it is based on the information supplied by the Client and any visible conditions at the site. The Company reserves the right to revise the quotation if there are material changes in garden conditions, access, scope of work or if hidden obstacles or hazards are discovered, such as buried debris, unsafe structures, or unexpected waste volumes.

5. Access and Client Responsibilities

The Client must ensure the Company has safe and reasonable access to the garden at the agreed time. This includes arranging access through side passages, gates, communal areas or buildings as necessary. Any parking restrictions or access limitations should be disclosed at the time of booking.

The Client must ensure that the garden area is free from domestic obstacles and that any pets or children are kept safely away from the working areas during the Service Visit. The Company will not be responsible for delays or incomplete work caused by lack of access or obstructions.

The Client should inform the Company in advance of any known hazards in the garden, including but not limited to ponds, uneven surfaces, fragile structures, power cables, irrigation systems or buried services. The Company will take reasonable care but cannot accept liability for damage to items that are concealed, poorly installed or not clearly identified.

6. Health and Safety

The Company will carry out the Services with reasonable skill and care and in accordance with applicable health and safety standards for gardening work. The Company may refuse to carry out or may suspend Services if, in its reasonable opinion, conditions are unsafe, for example due to severe weather, hazardous materials, aggressive animals or unsafe structures.

The Client agrees not to request the Company to perform any task that could reasonably be considered unsafe or outside the normal scope of professional gardening work. The Company may use its own tools and equipment and will take reasonable steps to ensure they are maintained and used safely.

7. Payments and Pricing

The Client agrees to pay the Company the agreed price for the Services. Prices may be quoted as a fixed fee, hourly rate, day rate or per job basis. Any applicable charges for waste removal, materials, plants, consumables or parking may be added as separate items if agreed in advance or where reasonably necessary.

Unless otherwise agreed, payment for one-off Services is due immediately upon completion of the Service Visit. For ongoing maintenance agreements, payment terms will be agreed in advance and may be weekly, monthly or per visit.

The Company may issue an invoice for the Services. Payment methods will be communicated directly to the Client and may include bank transfer or other common methods, subject to agreement. The Company does not accept responsibility for delays or errors caused by the Client using incorrect payment details.

If payment is not made by the due date, the Company reserves the right to charge reasonable interest on the overdue amount and to suspend further Services until payment is received in full. The Client will be responsible for any reasonable costs the Company incurs in recovering overdue sums.

8. Cancellations and Rescheduling

The Client may cancel or request to reschedule a Service Visit by giving reasonable notice to the Company. Unless otherwise agreed, at least 24 hours notice prior to the start time of the Service Visit is required to avoid a cancellation charge.

If the Client cancels or requests to reschedule with less than 24 hours notice, the Company may charge a cancellation fee up to a reasonable proportion of the agreed price, to cover time reserved, travel arrangements and loss of opportunity to undertake other work.

If the Company needs to cancel or reschedule a Service Visit due to factors such as extreme weather, staff illness, equipment failure or other circumstances beyond its control, it will notify the Client as soon as reasonably practicable and offer an alternative date. The Company will not be liable for any loss arising from such cancellation or rescheduling, other than returning any prepayment for Services not provided.

9. Changes to Services

Any request by the Client to make changes to the agreed Services, such as increasing or reducing the scope of work, must be communicated to the Company as early as possible. The Company will consider the request and confirm whether it can be accommodated, and whether any adjustment to the price or timing is required.

The Company may propose changes to the Services if required by health and safety considerations, changes in garden conditions or legal requirements. The Client will be informed of any such changes and any impact on price or schedule.

10. Waste Handling and Environmental Regulations

Gardeners Leamouth aims to handle garden waste responsibly and in compliance with relevant environmental regulations. Garden waste may include grass cuttings, hedge trimmings, branches, leaves, plants and soil, as well as any non-hazardous debris arising from the gardening work.

Unless specifically included in the quotation, the removal and disposal of garden waste is not automatically part of the Services. The Client should check at the time of booking whether waste removal is required and whether it will incur an additional charge.

Where the Company agrees to remove garden waste, it will dispose of it through appropriate channels. The Company will not remove hazardous or regulated waste such as asbestos, chemicals, paint, electrical items or contaminated materials. The Client is responsible for informing the Company if any such materials are present.

If waste is to remain on site, it will be left in a location agreed with the Client, such as a compost area, garden bin or other designated space. The Client is responsible for any local authority restrictions, permits or charges related to garden waste bins or collections at their property.

11. Plants, Materials and Guarantees

If the Services involve the supply and planting of plants, turf, seeds or other living materials, the Company will use reasonable care in selection and planting but cannot guarantee survival or performance, as these depend on ongoing care, weather and site conditions beyond the Company's control.

Any materials or products supplied by the Company will be of a type and quality suitable for normal gardening purposes. Specific brands or varieties may be subject to availability and may be substituted with similar products if necessary. The Client should inform the Company of any preferences or allergies prior to ordering materials.

12. Liability and Limitations

The Company will exercise reasonable skill and care in providing the Services. If the Client believes that the Services have not been provided in accordance with these Terms and Conditions, the Client should notify the Company as soon as possible and within a reasonable time of the Service Visit, giving details of the concern.

Where a defect in the Services is established, the Company's liability will, at its option, be limited to re-performing the relevant part of the Services or issuing an appropriate refund or reduction in price. The Company will not be liable for minor variations in appearance or for natural changes in the garden over time.

The Company will not be liable for any loss or damage arising from inaccurate, incomplete or misleading information provided by the Client, from pre-existing defects or weaknesses in the garden or property, or from reasonable wear and tear or the natural behaviour of plants and wildlife.

To the fullest extent permitted by law, the Company shall not be liable for any indirect, consequential or purely economic loss, including loss of profits, loss of enjoyment or loss of opportunity. Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, for fraud or for any other liability that cannot be excluded by law.

13. Complaints and Dispute Resolution

The Company aims to provide a professional and reliable service. If the Client is dissatisfied with any aspect of the Services, they should raise the matter with the Company promptly so that it can be investigated and, where appropriate, rectified.

Both parties agree to act in good faith to resolve any dispute relating to the Services or these Terms and Conditions. If a dispute cannot be resolved informally, either party may consider seeking independent advice or utilising appropriate dispute resolution mechanisms available under applicable law.

14. Data Protection and Privacy

The Company may collect and process certain personal information about the Client, such as name, address, property details and contact information, as reasonably required to provide the Services and manage the Contract.

The Company will take reasonable steps to keep personal information secure and will not sell or disclose it to third parties except where required for the performance of the Services, for legal compliance or with the Client's consent.

15. Force Majeure

The Company will not be liable for any delay in performing or failure to perform its obligations under the Contract where such delay or failure is due to events beyond its reasonable control. These may include extreme weather, natural events, acts of government, strikes, outages or other unforeseen interruptions.

If such an event continues for a prolonged period, either party may discuss appropriate adjustments to the schedule, scope of Services or termination of the Contract without penalty, subject to settlement of any outstanding sums for work already carried out.

16. Termination

Either party may terminate an ongoing maintenance arrangement by giving reasonable notice, typically not less than 7 days, unless a different notice period has been specifically agreed.

The Company may terminate the Contract with immediate effect if the Client persistently fails to make payments when due, refuses reasonable access, or otherwise commits a serious breach of these Terms and Conditions.

On termination, the Client shall pay for all Services provided up to the termination date, including any agreed charges for materials ordered specifically for the Client and not reasonably returnable.

17. Amendments to Terms

The Company may update these Terms and Conditions from time to time to reflect changes in law, regulatory requirements or business practices. The version in force at the date of the Booking will apply to that Booking. For ongoing maintenance arrangements, any material changes will be communicated to the Client, and continued use of the Services after notification will constitute acceptance of the revised terms.

18. Governing Law and Jurisdiction

These Terms and Conditions, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of England and Wales.

The parties agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions, the Contract or the provision of the Services, subject to any mandatory rights the Client may have under consumer protection laws.

By making a Booking with Gardeners Leamouth or allowing work to commence, the Client confirms that they have read, understood and agreed to these Terms and Conditions.