Gardeners Lower Morden Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Lower Morden provides gardening and related services to residential and commercial customers. By making a booking, accepting a quotation, or allowing our gardeners to commence work, you agree to be bound by these Terms and Conditions.

If you do not agree with any part of these terms, you should not proceed with a booking or request the commencement of services.

Definitions

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

Customer means the person, company, or organisation requesting services from Gardeners Lower Morden.

Company means Gardeners Lower Morden, the gardening service provider.

Services means any gardening, grounds maintenance, garden clearance, lawn care, planting, hedge trimming, pruning, waste removal, or related work provided by the Company.

Site means the garden, property, or premises at which the Services are to be carried out.

Agreement means the contract between the Customer and the Company consisting of these Terms and Conditions together with any quotation or confirmation of booking issued by the Company.

Scope of Services

The Company provides general gardening and grounds care services, which may include regular maintenance, one-off tidy-ups, planting, lawn work, hedge and shrub care, and related tasks as agreed with the Customer. The specific scope of work for any visit will be as described in the quotation, booking confirmation, or as otherwise agreed in writing between the Company and the Customer.

The Company reserves the right to decline work that it considers unsafe, inappropriate, beyond the agreed scope, or outside its professional competence or available equipment.

Booking Process

Bookings may be made by the Customer through the methods advertised by the Company. A booking is treated as an offer to engage the Services. The Agreement is formed when the Company issues a written confirmation of the booking or commences the Services, whichever occurs first.

The Customer is responsible for providing accurate information about the Site, including access arrangements, size of garden, type of work required, and any known issues such as uneven ground, restricted access, hazards, pets, or parked vehicles. If on arrival the conditions differ significantly from those described at the time of booking, the Company may adjust the quotation, vary the Services, or decline to undertake the work.

Where the Company provides a quotation, it will be based on the information supplied by the Customer and any Site inspection carried out. Unless otherwise stated, quotations are valid for 30 days. Quotations are provided on the basis that normal access and conditions apply. Substantial changes may result in a revised quotation.

Access to the Site

The Customer must ensure that the Company and its gardeners have safe and reasonable access to the Site on the agreed date and time. This includes arranging for gates to be unlocked, providing any entry instructions in advance, and ensuring that driveways, paths, and access routes are clear enough for personnel and equipment.

If the Company is unable to access the Site at the agreed time due to the Customer’s act or omission, the Company may charge a call-out fee or the minimum visit charge. The Customer is responsible for keeping children and pets away from work areas and equipment for safety reasons.

Health, Safety and Environmental Conditions

The Company will take reasonable care to work safely and in accordance with relevant health and safety practices. The Customer must inform the Company before work begins of any known hazards at the Site, such as unstable structures, hazardous materials, ponds, hidden cables, or uneven ground.

Gardening work is often weather dependent. For safety and quality reasons, the Company may postpone or adjust Services in case of heavy rain, high winds, extreme temperatures, or other adverse conditions. Where possible, the Company will inform the Customer of any necessary rescheduling.

Customer Obligations

The Customer agrees to:

Ensure that the Site is reasonably clear of obstacles such as toys, garden furniture, or other items that may hinder the work.

Disclose any relevant information about plants that should not be cut, removed, or disturbed, especially protected species or those of particular personal value.

Ensure that utilities such as water and electricity, where reasonably required for the Services, are available for use by the Company without additional charge.

Comply with all applicable laws and regulations relating to the property and the requested work.

Pricing and Payment Terms

Services may be charged on an hourly, daily, per-job, or per-visit basis, as specified in the quotation or booking confirmation. Prices are given in pounds sterling and, unless expressly stated otherwise, are inclusive of labour, standard equipment, and reasonable travel costs within the normal service area.

The Company reserves the right to revise its rates from time to time. Any changes in pricing will not affect confirmed bookings already accepted by the Company, unless the scope of work or conditions at the Site change materially.

Payment is due in accordance with the terms stated on the quotation or invoice. Unless otherwise agreed, payment is due on completion of the Services for one-off work, and in advance or on an agreed schedule for regular maintenance contracts. The Company may request a deposit for larger projects, which will be set out in the quotation.

If payment is not received by the due date, the Company may suspend further Services, charge interest on overdue amounts at the statutory rate, and recover any reasonable costs incurred in pursuing late payments. Title to any materials supplied by the Company remains with the Company until full payment is received.

Cancellations and Rescheduling

The Customer may cancel or reschedule a booking by giving reasonable notice to the Company. Unless otherwise specified in writing, the following applies:

For standard visits, at least 24 hours notice should be given. Where less than 24 hours notice is provided, the Company may charge up to the minimum visit charge or a reasonable cancellation fee to cover time, travel, and lost opportunity.

For larger projects or full-day bookings, the Company may require a longer notice period, which will be stated in the quotation or booking confirmation. If insufficient notice is given, the Company may retain all or part of any deposit paid and may charge a cancellation fee.

The Company may cancel or reschedule a booking due to adverse weather, staff illness, unforeseen operational issues, or circumstances beyond its reasonable control. In such cases, the Company will use reasonable efforts to agree a new date and time with the Customer. The Company will not be liable for any loss arising from such cancellation or rescheduling, other than refunding any pre-paid amounts for Services not provided.

Quality of Service and Complaints

The Company aims to provide a professional standard of gardening services. If the Customer is not satisfied with any aspect of the work, the Customer should notify the Company as soon as reasonably possible and within a reasonable time after completion of the relevant visit.

The Customer should allow the Company a reasonable opportunity to inspect and, where appropriate, rectify any issues. The Company will not be responsible for defects or problems caused by the Customer’s later actions, lack of care, or changes to the Site after completion of the work.

Waste Removal and Green Waste Regulations

Gardening work may produce green waste such as grass cuttings, branches, leaves, and other organic material, as well as non-organic waste in some cases. The handling of waste must comply with applicable waste and environmental regulations.

The quotation or booking confirmation will specify whether waste removal is included, limited, or excluded. If waste removal is included, the Company will dispose of garden waste in a lawful manner, which may include transporting it off-site to an authorised facility or arranging for appropriate collection.

If waste removal is not included, the Company may bag or stack waste neatly at the Site for the Customer to dispose of. The Customer remains responsible for any waste left at the property in such circumstances.

The Company will not remove or handle hazardous waste, contaminated soil, asbestos, chemical containers, or other materials that require specialist disposal. If such materials are discovered, the Company may suspend work and discuss alternative arrangements with the Customer.

Liability and Limitations

The Company will exercise reasonable skill and care in performing the Services. However, gardening work involves inherent risks to plants, lawns, and existing features. The Customer accepts that some minor damage or disturbance may occur as part of normal gardening processes, and that outcomes such as plant growth, flowering, and lawn recovery are influenced by weather, soil, pests, and the Customer’s ongoing care, which are beyond the Company’s control.

The Company is not liable for:

Loss or damage arising from inaccurate or incomplete information provided by the Customer.

Damage to underground pipes, cables, or other services that were not made known to the Company in advance or that are not reasonably visible.

Indirect or consequential losses, including loss of enjoyment, loss of use, or loss of profits.

Natural events or conditions, such as storms, droughts, frosts, diseases, or pests affecting plants or lawns after the work is completed.

The Company’s total liability to the Customer in respect of any claim arising out of or in connection with the Services shall, to the fullest extent permitted by law, be limited to the total price paid or payable by the Customer for the specific Services giving rise to the claim.

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

Damage to Property

The Company will take reasonable care to avoid damage to property, fixtures, and fittings while carrying out the Services. The Customer should move or protect any delicate, valuable, or easily damaged items before work begins. This includes ornaments, pots, furniture, and decorative features close to work areas.

If accidental damage occurs due to the Company’s negligence, the Customer must notify the Company as soon as reasonably practicable and allow the Company the opportunity to inspect and, where appropriate, repair or compensate for the damage, subject to the limitations set out in these Terms and Conditions.

Materials, Plants and Guarantees

Where the Company supplies plants, turf, or other living materials, it will select them with reasonable care and quality. However, the survival and performance of living materials depend on factors beyond the Company’s control, including planting conditions, weather, watering, pests, and subsequent maintenance.

Unless expressly stated in writing, the Company does not guarantee the long-term survival or performance of plants, lawns, or seeds. The Company may provide general aftercare advice, but responsibility for ongoing care rests with the Customer.

Intellectual Property

Any designs, planting plans, schedules, or other creative materials produced by the Company remain the intellectual property of the Company unless otherwise agreed in writing. The Customer is granted a licence to use such materials only for the purpose of implementing and maintaining the garden at the relevant Site.

Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under the Agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control. These may include severe weather, natural disasters, strikes, lockouts, accidents, equipment failure, or interruptions to transport or utilities. In such cases, the Company will use reasonable efforts to resume Services as soon as practicable.

Termination

Either party may terminate an ongoing maintenance arrangement by giving the notice period specified in the agreement or, if none is specified, by giving reasonable written notice. The Customer must pay for all Services performed up to the date of termination.

The Company may terminate the Agreement immediately if the Customer fails to pay when due, breaches these Terms and Conditions in a material way, or behaves in a manner that is abusive, threatening, or unsafe towards the Company’s staff.

Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, 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.

Changes to These Terms

The Company may update or amend these Terms and Conditions from time to time. The current version will apply to all new bookings and Agreements. For ongoing maintenance arrangements, the Company will provide notice of any material changes, and continued use of the Services after such notice will constitute acceptance of the updated terms.

Customers are encouraged to review these Terms and Conditions periodically to ensure they understand the conditions that apply to the gardening services they receive.

By proceeding with a booking or allowing work to commence, you confirm that you have read, understood, and agree to these Terms and Conditions for Gardeners Lower Morden.