Terms and Conditions for Gardening Services in Lower Morden
These terms and conditions set out the basis on which Gardeners Lower Morden provides domestic and commercial gardening services. They are designed to give customers clear information about how bookings are made, how payments are handled, what happens if a visit needs to be changed or cancelled, and the limits of our responsibility. By arranging a service, the customer agrees that these terms apply to the work requested, unless we confirm a written variation. These terms should be read carefully before any appointment is accepted.
For the purposes of this document, references to “we”, “us” and “our” mean the service provider operating under the name Gardeners Lower Morden, and references to “you” and “your” mean the customer, client, tenant, landlord, managing agent, or any other person requesting services. Where a property is owned by one party but occupied or managed by another, the person making the booking confirms they have authority to do so and to agree to these terms on behalf of the relevant party. If authority is not present, the person making the booking remains responsible for payment and instructions.
These terms apply to regular maintenance, one-off visits, seasonal work, and any other gardening service agreed in advance. Nothing in these terms affects your statutory rights as a consumer. If any part of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply. We may update these terms from time to time, and the version in force at the time of booking will apply to that service, unless a later written variation is agreed.
Booking Process
Bookings are accepted only when a request has been reviewed and confirmed. A booking may be made by phone, email, online form, or other agreed method, but the service is not guaranteed until we have confirmed the date, approximate time, scope of work, and any special conditions. We may ask for photographs, site notes, access details, or other information before confirming a visit. This helps us assess the work and provide an accurate estimate of labour, materials, and disposal requirements.
All appointments are subject to availability, weather conditions, access arrangements, and the suitability of the site. If we identify that the requested work differs from the initial description, we may revise the scope, price, or schedule before proceeding. Customers should ensure the property is accessible, safe to work in, and ready for the agreed service at the time of attendance. If gates are locked, pets are unsecured, utilities are restricted, or hazards are not disclosed, delays or rescheduling may be necessary.
We may decline or postpone a booking where the task is outside the usual range of gardening services, where specialist equipment is needed, or where there is a health and safety concern. No variation to the booked service is binding unless agreed by us in writing or confirmed in the booking record. Customers are responsible for checking the details of the appointment, including any recurring visits, before work begins. If instructions change after confirmation, we may adjust the quotation or attendance time accordingly.
Payments and Pricing
Prices are usually quoted on the basis of the information available at the time of booking. Quotations may be fixed for a defined scope of work or estimated where the final amount depends on time spent, materials used, or waste generated. Unless stated otherwise, all prices are in pounds sterling and may be subject to VAT if applicable. Any estimate is not a guarantee of final cost if the service requirements change or if additional work is agreed during the visit.
Payment terms will be confirmed at the time of booking or on the invoice. We may request advance payment, a deposit, part payment before completion, or full payment after the work is carried out. Where payment is due on completion, invoices should be settled within the period stated on the invoice. Late payment may result in administration charges, interest, or suspension of further work, subject to applicable law. We reserve the right to withhold future appointments until outstanding balances are cleared.
If additional labour, equipment, or disposal charges are required because the site differs from the description provided, we will normally discuss this before proceeding, where reasonably practicable. However, if urgent action is needed for safety or to prevent further damage, we may complete necessary work and charge reasonably for it afterwards. Customers must ensure they can make prompt payment by the agreed method. Any discount, promotion, or package price applies only to the stated service and cannot be transferred unless we agree otherwise.
Cancellations, Rescheduling, and Missed Appointments
Customers may cancel or reschedule a booked visit by giving reasonable notice. The exact notice period may vary depending on the type of work, the length of the appointment, and whether materials or specialist arrangements have already been allocated. For routine gardening visits, we expect notice as early as possible so that the time can be offered to another customer. Where insufficient notice is given, a cancellation fee may apply to cover our reserved time and any costs already incurred.
If we need to cancel or reschedule due to weather, staff illness, equipment failure, access issues, or other circumstances beyond our control, we will make reasonable efforts to offer an alternative date. We are not liable for indirect losses arising from such changes, but we will try to minimise disruption. If you are not present when attendance is required and no suitable access has been arranged, the appointment may be treated as a missed visit and charged in part or in full, depending on the circumstances and the work reserved for that slot.
Where the service involves ongoing maintenance, either party may end future visits by giving notice in line with the agreed arrangement. Any work already completed remains payable. If plants, turf, or other materials have been specially ordered or prepared, the cost of those items may remain chargeable if cancellation occurs after commitment has been made. We encourage customers to review their booking details promptly if any changes are needed, as earlier notice usually reduces the risk of additional charges.
Service Standards and Customer Responsibilities
We will use reasonable care and skill in carrying out gardening services. This includes mowing, pruning, planting, weeding, hedge maintenance, clearance, and related tasks that have been agreed. However, horticultural results can depend on weather, soil condition, plant health, seasonal growth, and prior maintenance. Accordingly, we do not guarantee the long-term condition of plants or lawns unless a specific outcome has been expressly agreed in writing. Gardeners Lower Morden may refuse to perform any task that is unsafe, unlawful, or technically unsuitable for the site.
Customers must provide accurate information about the property, including underground services, fragile structures, known hazards, hidden defects, invasive species, and any restrictions affecting the work area. You should remove or secure valuables, ornaments, tools, and other items that may be damaged during normal operations. If we are asked to move items to complete the work, we will do so with reasonable care, but this is done at the customer’s risk unless damage is caused by our negligence. You are also responsible for ensuring that animals, children, and occupants are kept clear of the working area.
If the property contains protected trees, conservation restrictions, or planning limitations, you must tell us in advance. We may require proof of permission before carrying out any work that could be regulated. Where a customer requests a task that may breach a legal restriction, we will decline that element of the service. We may also stop work if conditions change and continuing would create a risk to people, property, or the environment. In such cases, charges may still apply for the time already spent and any materials used.
Liability and Limitations
We accept liability for loss or damage caused directly by our negligence or by a breach of these terms, subject to the limitations set out below. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under English law. Where we are responsible for damage, we may choose to repair, replace, or compensate for the affected item, taking into account fair wear and tear, age, and pre-existing condition.
We are not responsible for losses that arise from inaccurate information supplied by the customer, hidden defects, unavoidable weather events, normal horticultural variation, or failure to comply with our reasonable instructions. We also do not accept liability for pre-existing damage, subsidence, poor drainage, disease present before attendance, or the natural decline of plants and grass. Any claim for damage must be reported as soon as reasonably possible and must include enough detail for us to investigate. Customers should take reasonable steps to reduce any loss, such as protecting vulnerable items or limiting further exposure.
Our total liability to you in relation to any single booking, whether in contract, tort, or otherwise, shall not exceed the amount paid or payable for the service giving rise to the claim, except where law requires otherwise. We are not liable for loss of profit, loss of business, loss of opportunity, or any indirect or consequential loss. If you believe a problem has occurred, you should allow us a fair opportunity to inspect the matter and, where appropriate, remedy it before arranging third-party intervention, unless urgent action is required to avoid greater harm.
Waste, Green Waste, and Environmental Regulations
Any waste arising from the service, including grass cuttings, branches, leaves, soil, hedge trimmings, and general green waste, will be handled in accordance with applicable UK waste regulations. We may remove waste from site, leave it bagged for collection, compost suitable material, or agree another lawful disposal method depending on the booking. The customer must tell us if there are any special requirements for segregation, on-site storage, or disposal restrictions. Waste that is contaminated, mixed with non-green materials, or classed as controlled waste may require separate handling and additional charges.
We will use reasonable care to ensure that waste is transported, stored, and disposed of properly. However, if the customer asks us to leave waste on the property or at a specified location, responsibility for that waste may pass to the customer once the work is completed, unless otherwise agreed. You must not ask us to dispose of prohibited materials, such as chemicals, asbestos, medical waste, electrical items, or hazardous substances, unless we have explicitly agreed and are legally able to do so. If such items are discovered during the work, we may suspend the service and notify you of the issue.
Where green waste is removed by us, it may be transferred to a licensed facility or processed through a compliant waste route. We may also reuse suitable organic matter in accordance with environmental practice, provided this is lawful and appropriate. If you require a waste transfer record or similar documentation, please request it at the time of booking so the necessary arrangements can be made. Any charge for waste collection, loading, transport, or disposal will be shown in the quotation or added where the quantity materially exceeds the original estimate.
Force Majeure, Complaints, and General Provisions
We are not liable for delays or failure to perform our obligations where caused by events beyond our reasonable control, including severe weather, flood, fire, accident, labour shortages, transport disruption, public emergencies, or government restrictions. In such cases we may postpone the visit, adjust the work method, or reschedule without being treated as in breach of contract. We will act reasonably and communicate changes as soon as practicable. If a delay continues for an extended period, either party may agree to cancel the affected booking.
If you have a concern about the service, you should raise it promptly so that we can review the issue while the facts are fresh. We aim to deal with concerns fairly and proportionately. Where a remedy is appropriate, we may offer a re-attendance, adjustment, or other reasonable resolution depending on the circumstances. This clause does not create a separate guarantee, but it reflects our commitment to professional service and sensible problem-solving. Any informal resolution will not affect your legal rights where those rights apply.
These terms are governed by the law of England and Wales, and any dispute arising from or connected with them shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless consumer law gives you the right to bring proceedings elsewhere. The contract between us reflects the agreement made for the specific service booked, together with any written variation. By confirming a booking, the customer acknowledges that they have read and understood these terms and agree to be bound by them. These terms are intended to be fair, practical, and suitable for everyday gardening services.