Gardeners Merton Service Terms and Conditions
These Terms and Conditions govern the provision of gardening and related services by Gardeners Merton to residential and commercial clients in the United Kingdom. By booking or using any of our services, you agree to be bound by these terms. Please read them carefully before placing a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the person or organisation requesting and receiving services from Gardeners Merton.
Company means Gardeners Merton, the provider of gardening and related services.
Services means any gardening, garden maintenance, landscaping, clearance, seasonal work, or associated services provided by the Company.
Booking means a confirmed appointment or series of appointments for Services to be carried out at the Client property.
Property means the outdoor or garden area at the address where the Services are to be provided.
2. Scope of Services
The Company provides gardening and related services including but not limited to lawn care, hedge trimming, pruning, planting, weeding, garden tidy ups, seasonal work, soft landscaping, and garden waste removal where agreed.
The precise scope of work for each Booking will be agreed with the Client in advance, either as a description of tasks, an hourly service, or a fixed-price project. Any work outside the agreed scope may incur additional charges, which will be discussed and agreed with the Client before being undertaken where reasonably possible.
The Company reserves the right to decline work that is unsafe, unlawful, beyond the competence or equipment of the attending team, or otherwise unsuitable for the Services offered.
3. Booking Process
3.1 Initial enquiry
Clients may make an enquiry about Services and availability. Any information provided at this stage, including estimated prices and suggested dates, is indicative only and not a binding offer.
3.2 Quotations
Where applicable, the Company may provide a quotation based on information supplied by the Client, including descriptions, photographs, or site visits. Quotations are typically valid for a limited period, which will be stated at the time of issue. All quotations are subject to inspection of the Property on the day of the Booking and may be adjusted if the actual conditions differ significantly from those described.
3.3 Confirming a booking
A Booking is confirmed when the Company has accepted the Client request for Services and provided a date or schedule for attendance. The Company may require confirmation by message or in writing before treating a Booking as confirmed.
3.4 Access and information
The Client must ensure that the Company has clear and safe access to the Property at the agreed time. The Client must inform the Company of any relevant information, including access codes, parking restrictions, hazards, uneven surfaces, pets, or other issues that may affect the safe delivery of the Services. Failure to provide adequate information or access may result in delay, partial completion, or cancellation fees.
4. Pricing and Payment Terms
4.1 Pricing structure
Services may be charged on an hourly basis, as a fixed price, or via a combination of both, depending on the nature of the work. All prices will be communicated to the Client in advance of the Booking wherever reasonably practicable.
4.2 Payment methods
Accepted payment methods will be communicated to the Client at the time of booking or invoicing. The Client agrees to pay all charges in the manner and within the timeframe specified by the Company.
4.3 Payment due dates
Unless otherwise agreed, payment for one off Services is due on completion of the work on the day of service. For ongoing or regular maintenance, the Company may invoice weekly, fortnightly, monthly, or at another agreed interval. Payment terms will be stated on the invoice. Late payment may result in the suspension of further Services until the account is settled.
4.4 Late payment and interest
If the Client fails to pay any amount due, the Company reserves the right to charge reasonable administrative fees and interest on the overdue sum in accordance with applicable UK law. The Client will be responsible for any costs reasonably incurred by the Company in recovering overdue payments, including enforcement costs.
4.5 Additional charges
Additional charges may apply for garden waste removal beyond what was included in the original quotation, for extended labour time where the work is substantially greater than anticipated, for materials, plants, or products supplied by the Company, and for parking charges or access fees incurred in providing the Services. These will be explained to the Client as soon as reasonably practicable.
5. Cancellations, Rescheduling, and Access
5.1 Client cancellations
The Client may cancel or reschedule a Booking by giving reasonable notice. The Company may specify a minimum notice period for cancellations or changes. If the Client cancels or reschedules with insufficient notice, the Company reserves the right to charge a cancellation fee, which may be a fixed amount or a percentage of the expected service charge.
5.2 Company cancellations
The Company will use reasonable efforts to attend all confirmed Bookings. However, the Company reserves the right to cancel or reschedule a Booking due to circumstances beyond its control, such as severe weather, sickness, equipment failure, traffic disruption, or safety concerns. In such cases, the Company will seek to offer an alternative date or time. The Company will not be liable for any indirect loss resulting from such cancellations.
5.3 Failed access
If the Company is unable to gain access to the Property at the agreed time, or if the area to be worked on is not ready or safe for the Services, the visit may be treated as a late cancellation. The Company may apply a call out fee or cancellation charge to cover travel and time costs.
6. Client Responsibilities
The Client agrees to provide accurate information regarding the Property and the desired Services, ensure access to the Property at the agreed times, keep pets and children away from the immediate work area, advise the Company of any known hazards such as uneven ground, ponds, sharp objects, or electrical equipment, and obtain any necessary permissions, consents, or approvals for the Services, including from landlords, neighbours, or local authorities where required.
Where the Client supplies any materials, plants, or equipment, the Client is responsible for ensuring that they are suitable and safe for use. The Company may refuse to use any materials or equipment it considers unsafe or inappropriate.
7. Waste Removal and Environmental Regulations
7.1 Garden waste handling
The handling of garden waste will be agreed with the Client before the Services commence. Options may include leaving clippings and cuttings on site in designated areas or bins, using the Client existing garden waste containers, or removing waste from site subject to an additional charge.
7.2 Legal compliance
The Company will manage garden waste in compliance with applicable UK waste and environmental regulations. Where waste is removed from the Property, it will be transported and disposed of lawfully at appropriate facilities. The Company will not dispose of hazardous or prohibited materials and will not mix non organic waste with green garden waste.
7.3 Client waste responsibilities
If the Client wishes to dispose of garden waste independently, it is the Client responsibility to do so in accordance with local regulations. The Company cannot be held liable for any misuse or unlawful disposal of waste by the Client.
8. Health, Safety, and Equipment
The Company will take reasonable steps to ensure that Services are delivered safely, using suitable tools, equipment, and protective gear. Staff are expected to follow relevant health and safety standards when working at the Property.
The Client must not request, and the Company will not undertake, tasks that are unsafe, involve the use of inappropriate equipment, or fall outside reasonable gardening practice. This may include working at excessive heights without proper equipment, operating unsafe or faulty tools supplied by the Client, or working in conditions that pose unacceptable risk to people or property.
9. Liability and Limitations
9.1 Reasonable care
The Company will exercise reasonable care and skill in the performance of the Services. However, the Client acknowledges that gardening inherently involves natural materials and living plants, which can be affected by weather, pests, soil condition, and other external factors beyond the Company control.
9.2 Damage to property
The Company will take reasonable care to avoid damage to the Property, including surfaces and fixtures. The Client must inform the Company of any hidden features such as irrigation pipes, cables, or underground services. The Company cannot be held responsible for damage to items that were not disclosed or could not reasonably have been identified.
9.3 Exclusions of liability
To the fullest extent permitted by UK law, the Company shall not be liable for any indirect, consequential, or economic loss, including loss of enjoyment, loss of business, or loss of profit arising from the Services. The Company shall not be liable for deterioration of plants, lawns, or other living materials due to factors outside its control, for pre existing damage or defects at the Property, or for delays caused by circumstances beyond its reasonable control.
9.4 Limitation of liability
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 that, the total liability of the Company to the Client in respect of all claims arising out of or in connection with the Services shall be limited to the total amount paid or payable by the Client for the specific Booking in question.
10. Complaints and Quality of Service
If the Client is dissatisfied with any aspect of the Services, the Client should raise the issue with the attending team at the time of service where possible or contact the Company as soon as reasonably practicable. The Company will investigate complaints in good faith and may, at its discretion, offer a remedy such as revisiting the Property to address specific concerns, providing advice on how to improve future outcomes, or offering a partial refund where appropriate.
The Client must provide clear details of the issue and, where relevant, evidence such as photographs or dates. Complaints raised more than a reasonable period after the Services took place may be more difficult to assess and may limit the options available for resolution.
11. Intellectual Property
Any designs, plans, schedules, or written materials provided by the Company in relation to landscaping or garden design remain the intellectual property of the Company unless expressly assigned in writing. The Client may use such materials only for the purpose for which they were supplied and may not reproduce or share them with third parties for commercial use without prior written consent.
12. Privacy and Data Protection
The Company will collect and process personal data such as names, addresses, and service details for the purpose of managing Bookings, delivering Services, and handling payments and communications. Personal data will be handled in accordance with applicable UK data protection laws. The Company will not sell personal data to third parties and will only share information where necessary to provide the Services, comply with legal obligations, or enforce these Terms and Conditions.
13. Amendments to Terms
The Company reserves the right to update or amend these Terms and Conditions from time to time. Any changes will apply to future Bookings after the updated terms have been made available. The version in force at the time of your Booking will normally apply to that Booking.
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 their subject matter.
15. Severability
If any provision or part provision of these Terms and Conditions is found by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the remaining provisions.
16. Entire Agreement
These Terms and Conditions, together with any written quotation or service description provided by the Company and accepted by the Client, constitute the entire agreement between the parties in relation to the Services. The Client acknowledges that they have not relied on any statement, promise, or representation that is not set out in this agreement.
By confirming a Booking or allowing the Services to proceed, the Client confirms that they have read, understood, and agree to these Terms and Conditions.
