Gardeners Sidcup Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Sidcup provides gardening and related services to residential and commercial customers. By booking or using any service, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking or allowing work to commence.

1. Definitions

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

Client means the individual or organisation requesting the services.

Company means Gardeners Sidcup, the provider of the services.

Services means any gardening, grounds maintenance, hedge cutting, lawn care, planting, clearance, landscaping, or other related services supplied by the Company.

Service Area means the primary operating area of the Company in and around Sidcup and nearby localities, as determined by the Company from time to time.

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

Agreement means the contract between the Client and the Company for the supply of Services, incorporating these Terms and Conditions and any written quotation, job sheet, or confirmation provided by the Company.

2. Scope of Services

The Company provides a range of gardening and outdoor maintenance services, including but not limited to regular garden maintenance, one off tidy ups, lawn mowing and treatment, pruning, hedge cutting, planting, garden clearance, soft landscaping, and related works in domestic and commercial outdoor spaces.

The exact specification of the Services will be as agreed between the Company and the Client at the time of booking or as confirmed in writing. Any drawings, descriptions, or examples are for guidance only and do not form a separate warranty unless expressly stated.

The Company reserves the right to decline work that is deemed unsafe, unlawful, unsuitable for the Service Area, or beyond the expertise or resources of the Company.

3. Booking Process

Bookings can be requested by the Client via the Company’s chosen communication channels. All bookings are subject to availability and acceptance by the Company.

Where possible, the Company will provide a quotation based on information supplied by the Client, which may include property size, garden condition, access arrangements, and the nature of the required works. The Client must ensure that all information given is accurate and complete.

A Booking is only confirmed once the Company has issued a written or verbal confirmation and, where required, the Client has accepted any quotation and any applicable deposit has been received by the Company.

The Company may carry out an on site assessment to finalise the quotation. If conditions on site differ materially from those described by the Client, the Company reserves the right to revise the quotation, adjust the Services, or decline the Booking.

4. Access and Client Responsibilities

The Client must provide safe and reasonable access to the garden or outdoor area where the Services are to be carried out. This includes ensuring any gates, doors, or access routes are unlocked or otherwise made available for the agreed times.

The Client is responsible for informing the Company of any hazards, restrictions, underground services, protected plants, or other relevant matters that may affect the safe and proper performance of the Services.

The Client must ensure that pets and children are kept away from the working area during the provision of Services. The Company will not be liable for any delay or failure to perform the Services caused by the Client’s failure to provide adequate access or a safe working environment.

If access is not available at the agreed time, or if the Company is unable to commence work due to circumstances within the Client’s control, the Company may charge a call out fee or a proportion of the agreed service charge to cover wasted time and travel.

5. Quotations and Pricing

All quotations are provided in good faith based on the information and observations available at the time. Quotations are normally valid for a limited period from the date issued, as stated by the Company.

The Company may provide pricing on a fixed price basis, hourly rate, or day rate. The pricing structure will be made clear to the Client at the time of quotation or booking.

Where work is charged by time, a minimum call out period may apply. Any additional materials, plants, or waste removal costs will be clearly stated or estimated, where practicable.

If additional work is requested by the Client or becomes necessary due to unforeseen circumstances, the Company will seek the Client’s approval for any variations and associated costs before proceeding, wherever reasonably possible.

6. Payments and Invoicing

Payment terms will be communicated to the Client at the time of booking or quotation. Unless otherwise agreed, payment for one off works is due immediately upon completion of the Services. For ongoing maintenance contracts, payment terms may be set on a regular schedule, such as weekly, fortnightly, or monthly.

Payment methods accepted by the Company will be notified to the Client and may include bank transfer or other non cash methods. The Company may refuse to accept payment methods that are not previously agreed.

The Company reserves the right to request a deposit prior to starting work, especially for larger projects or where substantial materials or plants must be purchased in advance. Deposits are generally non refundable once materials have been ordered, except where the Company cancels the work.

If payment is not received by the due date, the Company may charge interest on the overdue amount at a reasonable commercial rate and may suspend or cancel further Services until payment is brought up to date. The Client will be liable for any reasonable costs of debt recovery incurred by the Company in recovering overdue amounts.

7. Cancellations and Rescheduling

The Client may cancel or reschedule a Booking by giving as much notice as possible and at least the minimum notice specified by the Company. Where insufficient notice is given, a cancellation or rescheduling fee may be charged to cover lost time and costs.

The minimum notice period and applicable fees will be made clear at the time of booking or in subsequent communication. As a guide, cancellations within 24 hours of the scheduled start time may incur a charge of up to the full service fee for that visit.

The Company may cancel or reschedule a Booking due to adverse weather, staff illness, unforeseen operational reasons, or events beyond its reasonable control. In such cases, the Company will endeavour to give the Client as much notice as practicable and will arrange a new appointment at a mutually convenient time. The Company will not be liable for any indirect losses arising from such cancellations or rescheduling.

8. Waste Handling and Environmental Regulations

The Company aims to operate in a manner consistent with applicable environmental and waste regulations. Garden waste created during the provision of Services may be left neatly on site for the Client’s use or disposal, or removed from site by the Company, depending on what has been agreed.

Where the Company agrees to remove green waste or other materials, a separate charge may apply, which will be communicated in advance where possible. The Company will only remove waste that is directly related to its Services; household rubbish, construction debris, or hazardous materials will not be taken.

The Client is responsible for informing the Company if there are any local restrictions on waste movement, composting, bonfires, or use of certain products. The Company reserves the right to refuse to remove or handle any waste that may be deemed hazardous or in breach of regulations.

9. Use of Chemicals, Tools, and Machinery

The Company may use hand tools, powered equipment, and, where agreed, fertilisers, weed killers, and other garden products. All such use will be in accordance with manufacturer instructions and applicable safety guidelines.

The Client must inform the Company of any known sensitivities, allergies, or specific requirements regarding the use of particular products in the garden, especially in areas used by children, pets, or wildlife.

The Client must not interfere with or use the Company’s tools, machinery, or chemicals. The Company accepts no liability for any injury or damage arising from unauthorised use of its equipment or products by the Client or any third party.

10. Quality of Service and Complaints

The Company aims to provide Services with reasonable care and skill. If the Client is dissatisfied with any aspect of the work, they should raise the issue with the Company promptly, ideally within 48 hours of completion of the relevant work.

The Company will investigate complaints in good faith and, where appropriate, may return to rectify issues that are attributable to its performance, provided that the Client has complied with these Terms and Conditions and allowed the Company a reasonable opportunity to make things right.

Minor variations in appearance, plant growth, and garden condition may occur due to weather, soil, and other environmental factors beyond the Company’s control and do not constitute a defect in the Services.

11. Client Materials, Plants, and Existing Features

Where the Client supplies plants, materials, or equipment, the Company will not be responsible for their quality, suitability, or performance. Any delay or additional cost arising from unsuitable or defective Client supplied items may be charged to the Client.

The Company will take reasonable care when working around existing plants, structures, paving, fences, and other features. However, the Client accepts that some incidental disturbance or damage may be unavoidable during gardening or landscaping works, especially in overgrown or poorly maintained areas.

The Company will not be liable for any loss or damage to existing plants or garden features unless caused by negligence or deliberate misconduct.

12. Liability and Limitations

Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be limited or excluded.

Subject to the foregoing, the Company’s total liability to the Client arising under or in connection with the Agreement, whether in contract, tort, or otherwise, shall be limited to the total fees paid or payable by the Client for the specific Services giving rise to the claim.

The Company shall not be liable for any loss of profits, loss of enjoyment, loss of use, or any indirect or consequential loss arising out of or in connection with the Services, even if such loss was reasonably foreseeable.

The Client is responsible for maintaining appropriate insurance for buildings, contents, and any special items in the garden or outdoor areas. The Company is not liable for normal wear and tear or deterioration of lawns, plants, or features over time.

13. Insurance

The Company will maintain appropriate public liability insurance for the Services it provides, as required for gardening and grounds maintenance activities in its Service Area. Evidence of insurance may be provided upon reasonable request from the Client.

The Client remains responsible for ensuring that any relevant property insurance policies allow for contractors to carry out the Services at the property.

14. Health and Safety

The Company will carry out its work in accordance with applicable health and safety regulations and good industry practice. The Client agrees not to request or insist on any work being carried out in a manner that would put the Company’s staff, the Client, or third parties at unreasonable risk.

If, in the opinion of the Company, conditions on site are unsafe, the Company may suspend work until appropriate measures are taken or may cancel the Services. Any additional costs arising from unsafe conditions caused by the Client may be charged to the Client.

15. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to extreme weather, flooding, fire, epidemic, strike, transport disruption, or the actions of third parties.

Where a force majeure event occurs, the Company will notify the Client as soon as reasonably practicable and will seek to resume or reschedule the Services as conditions permit.

16. Termination

Either party may terminate an ongoing maintenance Agreement by giving the notice period specified in the service arrangement or, if no period is specified, by giving reasonable written notice.

The Company may terminate the Agreement with immediate effect if the Client commits a serious or persistent breach of these Terms and Conditions, fails to pay sums due, or behaves in an abusive or threatening manner towards the Company’s staff.

On termination, the Client remains responsible for payment of all Services properly performed up to the date of termination and any non recoverable costs incurred by the Company on the Client’s behalf.

17. Privacy and Data

The Company may collect and store basic personal data relating to the Client, such as name, address, and contact details, for the purposes of managing bookings, providing Services, and administering accounts.

The Company will take reasonable steps to keep such data secure and will not sell personal data to third parties. Data may be shared with service providers used by the Company for operations such as accounting or payment processing, strictly for those purposes.

18. Changes to Terms and Conditions

The Company reserves the right to update or amend these Terms and Conditions from time to time. Any changes will take effect when published or when notified to the Client. Existing Clients will be subject to the version of the Terms and Conditions in force at the time of each Booking.

19. Governing Law and Jurisdiction

These Terms and Conditions and any Agreement between the Client and the Company shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising out of or in connection with the Services or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that the Company reserves the right to bring proceedings in any other court of competent jurisdiction as necessary to protect its interests.

20. Entire Agreement

These Terms and Conditions, together with any quotation, confirmation, or written variation agreed between the Company and the Client, constitute the entire agreement between the parties in relation to the Services.

No other statement, representation, or understanding shall have contractual effect unless expressly incorporated in writing. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.