Gardeners Mottingham Service Terms and Conditions

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

1. Definitions

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

Client means the individual or organisation ordering services from Gardeners Mottingham.

Company means Gardeners Mottingham, the gardening service provider.

Services means any gardening, garden maintenance, clearance, landscaping, or related work supplied by the Company to the Client.

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

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

2. Scope of Services

The Company provides a range of gardening and garden maintenance services, which may include lawn mowing, hedge trimming, pruning, planting, weeding, garden tidying, soft landscaping, garden clearance, and related outdoor services. The specific Services to be provided will be agreed with the Client during the booking process and confirmed in writing where applicable.

Any description of Services on promotional materials, online listings, or verbal discussions is for general guidance only. The final scope of work will always be as agreed between the Client and the Company for each booking.

3. Booking Process

3.1 Enquiries

Clients may request a quotation or discuss requirements by contacting the Company. The Client will be asked to provide details of the Site, the type of work required, preferred dates, and any particular access or safety considerations.

3.2 Quotations and Estimates

The Company may provide either a fixed-price quotation or an estimate based on the information supplied. An estimate is an indication of likely cost and may be adjusted if the actual work, access conditions, or Site conditions differ from those described by the Client. All quotations and estimates are given in good faith but do not constitute a binding offer until confirmed in writing or by explicit acceptance from the Client.

3.3 Acceptance of Booking

A booking is considered accepted when the Client confirms acceptance of the quotation or estimate, whether verbally or in writing, and the Company acknowledges the booking and agrees a service date or schedule. The Company reserves the right to refuse any booking at its discretion.

3.4 Site Visits and Assessments

For more complex work, such as larger clearances or landscaping projects, the Company may require a Site visit before confirming the booking. The Client must ensure access to the Site at the agreed time so that the assessment can be completed. Any charges for site visits will be agreed in advance.

4. Client Obligations

The Client agrees to:

Ensure the Company has safe and reasonable access to the Site, including any necessary access through communal areas, side entrances, or gates.

Inform the Company of any known hazards, underground services, cables, pipes, or other risks at or near the Site that may affect the Services.

Secure all pets and ensure that children and other occupants keep a safe distance from the work area while the Services are being carried out.

Provide access to water and electricity where reasonably required for the performance of the Services.

Not request the Company to undertake any activity that may be unsafe or in breach of relevant regulations.

5. Payments and Charges

5.1 Prices

All prices will be communicated to the Client before work is carried out. Prices may be based on an hourly rate, a fixed fee, or a project rate. Prices may vary depending on the type of work, the size of the garden, the complexity of the task, and the volume of waste produced.

5.2 Payment Terms

Unless otherwise agreed in writing, payment is due immediately upon completion of the Services on the day of the visit. For ongoing maintenance contracts or larger projects, the Company may agree different payment terms, including deposits, staged payments, or payment on invoice within a specified period.

5.3 Payment Methods

The Company will advise which payment methods are accepted. The Client is responsible for ensuring that payment is made in full and on time, using one of the approved methods.

5.4 Late Payment

If payment is not received by the due date, the Company reserves the right to charge interest on overdue amounts at the statutory rate permissible under UK law, and to suspend further work until all outstanding sums are paid.

5.5 Additional Charges

Additional charges may apply where:

The Client requests extra work not included in the original quotation.

Access to the Site is restricted or delayed, causing extra time on site.

There is an unexpected volume of green waste or materials that requires additional removal or disposal costs.

The Company encounters unforeseen issues such as hazardous waste or obstructions that were not advised in advance.

6. Cancellations and Rescheduling

6.1 Client Cancellations

If the Client wishes to cancel or reschedule a booking, the Client must provide as much notice as reasonably possible. The Company may specify a minimum notice period for cancellations or changes to bookings. If insufficient notice is given, the Company reserves the right to charge a cancellation fee or a call-out charge to cover time and costs incurred.

6.2 Company Cancellations

The Company will use reasonable endeavours to attend at the agreed time and date. However, the Company may need to cancel or reschedule a visit due to adverse weather, staff illness, unsafe conditions at the Site, or other circumstances beyond its control. In such cases, the Company will notify the Client as soon as reasonably practicable and arrange an alternative appointment. The Company will not be liable for any loss or inconvenience caused by such cancellations or rescheduling.

6.3 Weather and Safety

The Company reserves the right to postpone or modify the Services if, in its professional judgment, weather conditions or site conditions make it unsafe or impractical to carry out the planned work. This includes heavy rain, storms, high winds, or extreme temperatures. Any rescheduled work will be arranged as soon as reasonably possible.

7. Performance of Services

7.1 Standards of Work

The Company will perform the Services with reasonable skill and care, in accordance with industry practice and subject to these Terms and Conditions. The appearance and growth of plants, lawns, and hedges depend on many factors beyond the Companys control, including weather, soil conditions, pests, and future maintenance by the Client. The Company does not guarantee specific outcomes such as growth rate or long-term plant survival unless expressly agreed in writing.

7.2 Materials and Plants

Where the Company supplies plants, turf, or other materials, it will use reasonable endeavours to provide items of satisfactory quality and in good condition at the time of installation. The Client is responsible for following any care instructions given after completion of the job. The Company is not liable for deterioration or failure of plants or turf caused by lack of watering, unsuitable soil, diseases, pests, extreme weather, or neglect after completion.

7.3 Access and Delays

The Client must ensure timely access to the Site on the agreed date and time. If the Company is delayed or prevented from carrying out the work due to lack of access, the presence of obstacles, or other issues within the Clients control, the Company may charge for lost time or impose a call-out fee.

8. Waste Regulations and Disposal

8.1 Green Waste

The Company will manage green waste in accordance with applicable UK regulations. Where agreed in the quotation, the Company may remove and dispose of green waste such as grass cuttings, leaves, branches, and plant material. Any limits on the volume of green waste included in the price will be made clear to the Client in advance.

8.2 Non Green Waste

Treated wood, metal, plastics, rubble, soil in large quantities, and other non green waste are not normally included in standard garden maintenance services. If the Client requires disposal of such waste, this must be agreed separately and may incur additional charges. The Company is not obliged to remove waste that falls outside the scope of the Services agreed.

8.3 Legal Compliance

The Company will only transport and dispose of waste in compliance with relevant UK waste regulations. The Client agrees not to request the Company to dispose of hazardous or unlawful materials. Where hazardous waste is discovered at the Site, the Company may suspend work until the Client arranges safe removal by an appropriate specialist.

9. Liability and Insurance

9.1 Limitation of Liability

The Company will not be liable to the Client for any indirect, consequential, or economic loss, including loss of profit, loss of enjoyment, or loss of opportunity arising out of or in connection with the Services. The Companys total liability for any claim arising under or in connection with the Contract will not exceed the price paid or payable for the specific Services giving rise to the claim, except where liability cannot be limited by law.

9.2 Exclusions

The Company is not liable for:

Damage to underground pipes, cables, or services that were not brought to its attention before work commenced.

Damage resulting from defective structures, walls, fences, or surfaces already in poor condition.

Damage or loss caused by pests, diseases, weather events, or other factors outside the Companys reasonable control.

Any deterioration of gardens or plants after the completion of the Services due to lack of ongoing maintenance or watering by the Client.

9.3 Personal Property

The Client is responsible for removing or securing any personal items, ornaments, furniture, or equipment from the work area before the Services begin. The Company will take reasonable care but will not be liable for accidental damage to items left in the work area unless caused by negligence.

9.4 Insurance

The Company will maintain appropriate public liability insurance in respect of its operations. Evidence of cover may be provided to the Client on reasonable request.

10. Complaints and Defects

10.1 Notifying the Company

If the Client is dissatisfied with any aspect of the Services, the Client should notify the Company as soon as possible and no later than 7 days after completion of the work for one off visits, or within 7 days of the relevant visit for ongoing maintenance arrangements. The Client should provide details of the issue and, where helpful, photographic evidence.

10.2 Resolution

The Company will investigate any complaint and, if the work is found to be defective or not in accordance with the Contract, the Company may, at its discretion, re perform the work, offer a partial refund, or otherwise seek to resolve the matter. The Company is not obliged to provide remedies where the issue arises from factors outside its control, or where the Client has failed to follow advice or aftercare instructions.

11. Health, Safety, and Access

The Company will take reasonable steps to protect the health and safety of its staff, the Client, and third parties while performing the Services. The Client agrees to comply with any reasonable requests or instructions from the Company regarding safety, including keeping children and pets away from machinery and tools.

The Company may refuse to carry out work if it believes that conditions at the Site present an unacceptable risk to health or safety, including aggressive animals, unsafe structures, or hazardous materials.

12. Data Protection and Privacy

The Company will collect and use personal information about the Client, such as name, address, and contact details, for the purposes of managing bookings, providing Services, taking payment, and handling queries or complaints. The Company will take reasonable measures to keep such information secure and will not sell personal details to third parties. Personal information may be disclosed to service providers or authorities where necessary to perform the Contract or comply with legal obligations.

13. Amendments to Terms and Conditions

The Company reserves the right to update or amend these Terms and Conditions from time to time. The version in force at the time of your booking will apply to that Contract. The Client is encouraged to review the latest Terms and Conditions when arranging new Services.

14. 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 by the Company.

15. Severability

If any provision or part provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision or part provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms and Conditions, together with any written quotation or specific agreement issued by the Company, constitute the entire agreement between the Client and the Company in relation to the Services. No other statements, promises, or representations, whether verbal or written, shall form part of the Contract unless expressly agreed by the Company in writing.