Terms And Conditions

Gardeners Biggin Hill Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Biggin Hill provides gardening and related services to domestic and commercial clients. By making a booking, accepting a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before engaging our services.

1. Definitions

In these Terms and Conditions, the following definitions apply:

Client means the person, company, or organisation requesting or receiving services from Gardeners Biggin Hill.

Company means Gardeners Biggin Hill, providing gardening and related services.

Services means any gardening, garden maintenance, soft landscaping, clearance, or related work carried out by the Company for the Client.

Site means the garden, land, or premises where the Services are to be carried out.

Agreement means the contract between the Client and the Company, incorporating these Terms and Conditions and any written quotation or booking confirmation.

2. Scope of Services

The Company provides a range of gardening services, including but not limited to general garden maintenance, lawn care, hedge trimming, planting, soft landscaping, garden tidying, and garden waste handling in accordance with applicable regulations.

The exact scope of work for each booking will be agreed in advance through a quotation or confirmation. Any description of Services given verbally or in promotional material is for general guidance only and does not form part of the Agreement unless expressly stated in writing.

3. Booking Process

3.1 Initial enquiry

Clients may contact the Company to request gardening services. During the enquiry stage, the Company may ask for details of the Site, photographs, measurements, or a description of the work required. Based on this information, the Company may provide an initial indication of price or recommend a visit to the Site.

3.2 Quotations and estimates

Where appropriate, the Company will provide a quotation or estimate for the Services. Quotations are normally based on the information given by the Client or from an on-site assessment. Quotations are valid for a limited period as stated in the quotation or, if no period is stated, for 30 days from the date of issue.

The Company reserves the right to amend a quotation if the information provided by the Client is incomplete or inaccurate, or if Site conditions differ significantly from those reasonably anticipated at the time of quoting.

3.3 Accepting a booking

A booking is confirmed and an Agreement formed when the Client accepts the quotation or estimate, and the Company confirms the appointment, whether in writing or verbally. The Client is responsible for ensuring that all details of the booking, including dates, times, and scope of work, are correct.

3.4 Scheduling

The Company will use reasonable efforts to attend the Site on the agreed date and time, but timing is not of the essence. Appointments may be affected by weather conditions, access issues, unexpected delays at previous jobs, or other factors beyond the Companys reasonable control. In such cases, the Company will aim to notify the Client and rearrange the booking as soon as reasonably possible.

4. Client Responsibilities

The Client agrees to:

Provide accurate information about the Site and the work required.

Ensure adequate access to the Site for personnel, vehicles, and equipment at the agreed times.

Secure all pets and inform the Company of any hazards such as uneven ground, sharp objects, exposed cables, or ponds.

Obtain any necessary permission from landlords, neighbours, management companies, or local authorities before work begins.

Ensure that water and electricity supply are available where reasonably required to carry out the Services.

If the Company is unable to carry out the Services due to lack of access, unsafe conditions, or failure by the Client to comply with these responsibilities, the Company may charge a call-out fee or recover reasonable costs incurred.

5. Payments and Charges

5.1 Pricing

Charges for Services may be based on an agreed fixed price, an hourly rate, or a combination of both, as stated in the quotation or booking confirmation. All prices are stated in pounds sterling unless otherwise specified.

5.2 Deposits

For larger projects or new Clients, the Company may require a deposit or advance payment before work commences. The amount and timing of any deposit will be specified in the quotation or at the time of booking. The Company is under no obligation to reserve dates or commence work until any required deposit has been received.

5.3 Payment terms

Unless otherwise agreed in writing, payment is due immediately upon completion of the Services or, for ongoing regular maintenance, in accordance with the agreed billing period. The Company may issue an invoice specifying the amount due and the due date.

The Client agrees to pay all invoices in full by the stated due date using one of the payment methods accepted by the Company at the time of payment.

5.4 Late payment

If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate and to recover any reasonable costs incurred in pursuing the debt. The Company may also suspend or cancel future bookings until outstanding amounts have been settled in full.

5.5 Additional work and variations

If, during the provision of Services, the Client requests additional work or variations not included in the original scope, the Company will, where possible, advise the Client of any additional charges before proceeding. Additional work will be charged at the prevailing rates or in accordance with a revised quotation agreed with the Client.

6. Cancellations and Rescheduling

6.1 Client cancellations

The Client may cancel or reschedule a booking by giving reasonable notice. The Company requests that the Client provides as much notice as possible, and at least 24 hours before the scheduled appointment, to minimise disruption.

Where less than 24 hours notice is given, the Company reserves the right to charge a reasonable cancellation fee to cover lost time and costs. For larger projects where a deposit has been paid, cancellation by the Client may result in the loss of some or all of the deposit, depending on costs already incurred and work carried out.

6.2 Company cancellations

In rare circumstances, the Company may need to cancel or postpone a booking due to adverse weather, staff illness, equipment failure, or other unforeseen events. The Company will notify the Client as soon as reasonably practicable and arrange a new appointment. The Company will not be liable for any loss or inconvenience arising from such cancellation, but any deposit relating to the cancelled appointment will either be refunded or applied to the rescheduled booking, at the Clients choice.

7. Site Conditions and Access

The Client must ensure that the Site is in a condition that allows the Services to be carried out safely and efficiently. This may include removing obstacles, clearing pet waste, and ensuring that gates, doors, and access points are unlocked.

The Company reserves the right to refuse to carry out work or to stop work if the Site is deemed unsafe or unsuitable. In such cases, the Company will discuss options with the Client, which may include rescheduling, modifying the scope of work, or charging additional fees for extra time spent resolving Site issues.

8. Waste Removal and Environmental Regulations

8.1 Green waste handling

The Company will handle and manage green garden waste in accordance with applicable environmental and waste disposal regulations in the United Kingdom. Options may include leaving waste on-site in an agreed location, using the Clients green waste bins, or arranging removal and lawful disposal.

8.2 Charges for waste removal

Where the Client requests that the Company removes garden waste from the Site, additional charges may apply, which will either be included in the quotation or agreed with the Client in advance. The level of charge will typically depend on the volume and type of waste.

8.3 Prohibited materials

The Company is not responsible for handling or disposing of hazardous, contaminated, or prohibited materials, including but not limited to asbestos, chemicals, or controlled waste. If such materials are encountered, the Company may stop work and advise the Client to use a licensed specialist contractor.

8.4 Compliance with regulations

The Client acknowledges that the Company must comply with relevant environmental and waste regulations and may refuse to undertake any action that would breach such regulations, including unlawful burning or dumping of waste.

9. Liability and Insurance

9.1 Duty of care

The Company will exercise reasonable skill and care in providing the Services and will take reasonable steps to avoid damage to plants, structures, and property. However, gardening work by its nature can involve disturbance to soil, existing planting, and garden features.

9.2 Limitation of liability

To the fullest extent permitted by law, the Company shall not be liable 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.

Except for liability that cannot legally be limited or excluded, the Companys total liability to the Client for any claim arising out of the Agreement shall be limited to the total amount paid by the Client for the Services to which the claim relates.

9.3 Exclusions

The Company is not liable for damage or loss arising from:

Pre-existing defects or weaknesses at the Site, including unstable structures, diseased plants, or faulty installations.

Failure by the Client to follow aftercare advice regarding watering, maintenance, or treatment of plants and lawns.

Adverse weather, pests, diseases, or other natural events beyond the Companys control.

Delays caused by the Client, third parties, or circumstances outside the Companys reasonable control.

9.4 Insurance

The Company aims to maintain appropriate public liability insurance for the Services it provides. Details of insurance cover may be made available to the Client upon request.

10. Planting, Materials, and Guarantees

Any plants, turf, or materials supplied by the Company will be of a quality consistent with normal horticultural practice. However, the Company cannot guarantee the long-term survival or performance of plants, lawns, or seeds once the work is completed, as their success depends on factors outside the Companys control, including weather, soil conditions, watering, and maintenance carried out by the Client.

Any manufacturers guarantees or warranties on materials or products will be passed to the Client where legally permissible, and the Clients rights in respect of such products will be governed by the terms of those guarantees.

11. Complaints and Disputes

If the Client is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as possible so that it can be investigated and, where appropriate, rectified. The Client should provide details of the concern, along with any relevant photographs or supporting information.

The Company will use reasonable efforts to resolve complaints promptly and fairly. Where a dispute cannot be resolved directly, either party may seek to use mediation or other forms of alternative dispute resolution before resorting to legal proceedings.

12. Data Protection and Privacy

The Company may collect and store personal information about the Client, such as name, address, and contact details, for the purposes of managing bookings, providing Services, issuing invoices, and complying with legal obligations. The Company will take reasonable steps to protect such information and will not sell it to third parties.

The Company may share necessary information with suppliers, contractors, or service providers only where required to carry out the Services or to meet legal or regulatory requirements.

13. Changes to These Terms

The Company reserves the right to amend these Terms and Conditions from time to time. The latest version will apply to any new bookings. Where changes materially affect an ongoing Agreement, the Company will notify the Client, and continued use of the Services will be taken as acceptance of the updated terms.

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 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 their subject matter.

By proceeding with a booking or allowing work to commence, the Client confirms that they have read, understood, and agree to these Terms and Conditions for gardening services provided by Gardeners Biggin Hill.