Gardeners Cheam Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Cheam provides gardening and related services. By booking or using any of our services you agree to be bound by these Terms and Conditions. Please read them carefully before confirming a booking.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings given below.

Client refers to the person, business or organisation requesting or receiving services from Gardeners Cheam.

Company refers to Gardeners Cheam, the gardening business providing the services.

Services refers to any gardening, garden maintenance, clearance, soft landscaping, lawn care, hedge cutting, planting, or other related services provided by the Company.

Booking refers to any confirmed request by the Client for the Company to provide Services on a particular date or on a recurring basis.

Site refers to the garden or outdoor area where the Services are to be performed.

2. Scope of Services

The Company provides general gardening and related services in and around the Cheam area and surrounding districts. The exact scope of work for each Booking will be agreed with the Client before work begins. Any description of services or pricing given in publicity materials or verbally is indicative only and may be adapted to suit the Site and the Client's requirements.

The Company reserves the right to decline any work which it considers unsafe, unsuitable for the skills or equipment available, or outside the usual scope of domestic or light commercial gardening services.

3. Booking Process

3.1 Initial enquiries

Clients may contact the Company to request a quotation or to discuss their gardening needs. The Company may request information about the Site, including its size, access, current condition and particular requirements, in order to provide an indicative quote.

3.2 Quotes and estimates

Any price provided before a Site visit is an estimate only and may be adjusted following inspection. Written or verbal quotes are based on the information provided by the Client and the conditions observed at the Site. Where the work required differs from what was originally described or where Site conditions are significantly different, the Company may revise the quote and agree a new price with the Client.

3.3 Confirming a booking

A Booking is confirmed when the Company and the Client agree the date, approximate start time, scope of work and pricing or charging basis, whether fixed price or hourly rate. The Company may also request confirmation in writing or by other agreed method.

3.4 Changes to bookings

Any changes to the scope of work, dates or times must be agreed in advance. The Company will endeavour to accommodate changes but cannot guarantee availability. Where changes affect the time required or the nature of the work, the price may be adjusted accordingly.

4. Access and Client Obligations

The Client must ensure that the Company and its workers have safe and reasonable access to the Site on the agreed date and time. Gates, side passages, parking arrangements and any security systems should be arranged in advance so that work can start promptly.

The Client is responsible for informing the Company of any relevant information about the Site, including but not limited to underground services, fragile surfaces, shared boundaries, protected trees, water features, pets, and any known hazards. The Company shall not be liable for damage or delays arising from information that was not disclosed or was inaccurate.

The Client should ensure that pets and children are kept away from areas where work is being carried out and from machinery or tools. The Company may suspend work if it considers that safety is being compromised.

If access to the Site is not available at the agreed time, or if the Site is not in a suitable condition for the Services to be carried out, the Company may charge a call-out fee or a proportion of the quoted price to cover time and travel costs.

5. Pricing and Payments

5.1 Pricing basis

Services may be priced on a fixed-fee basis, an hourly rate, or a combination of both, depending on the nature of the work. The pricing structure will be explained to the Client before work is agreed.

5.2 Payment terms

Unless otherwise agreed, payment is due on completion of the Services for one-off visits, or at the end of each agreed period for regular maintenance visits. The Company may at its discretion require a deposit or part-payment before commencing work, particularly for larger projects or where materials must be purchased in advance.

5.3 Accepted payment methods

The Company will advise the Client of the accepted payment methods, which may include bank transfer or other commonly used methods. Cash payments may be accepted only by prior agreement. The Company does not accept payment methods that have not been specifically agreed.

5.4 Late payment

If payment is not received by the due date, the Company reserves the right to charge reasonable interest or late payment charges and to suspend further work until the outstanding balance is settled. The Client shall be liable for any reasonable costs incurred by the Company in recovering overdue sums, including collection costs.

6. Cancellations and Rescheduling

6.1 Client cancellations

If the Client needs to cancel or reschedule a Booking, they should give as much notice as possible. Where less than 24 hours' notice is given, the Company reserves the right to charge a cancellation fee, typically up to a reasonable proportion of the agreed price, to cover time and travel commitments.

For larger projects that require ordered materials or significant preparation, the Company may specify a longer notice period and different cancellation terms, which will be communicated to the Client at the time of booking.

6.2 Company cancellations

The Company will make every reasonable effort to attend at the agreed time and date. However, work may be postponed or cancelled due to severe weather conditions, staff illness, safety concerns, or other circumstances beyond the Company's control. In such cases, the Company will endeavour to inform the Client as soon as practicable and offer an alternative date. The Company will not be liable for any indirect losses resulting from such cancellations or delays.

7. Weather and Working Conditions

Gardening work is affected by weather and seasonal conditions. The Company may adjust the scope of work or reschedule a visit where weather conditions make it unsafe or impractical to proceed, such as during storms, extreme heat, or heavy rain. Some tasks, such as lawn treatments or certain planting, may be delayed if conditions are unsuitable.

The Company will use its professional judgment to decide when work should proceed or be postponed in order to protect worker safety, the Site and the quality of the outcome.

8. Materials, Plants and Equipment

Unless otherwise agreed, the Company will provide all tools and equipment required to carry out the Services. Where materials, plants or products are supplied by the Company, these will be charged in addition to labour costs unless included in a fixed-price quotation.

Any guarantees or lifespans of plants or materials are subject to proper aftercare by the Client and to conditions beyond the Company's control, such as weather, pests, disease, or soil conditions. The Company cannot guarantee the survival or performance of plants once the work is completed and care has passed to the Client.

If the Client supplies their own plants or materials, the Company accepts no responsibility for their quality or suitability and will not be liable for any failure or defects associated with them.

9. Garden Waste and Waste Regulations

9.1 Handling of garden waste

During the provision of Services, green waste such as grass cuttings, prunings, leaves and small branches may be generated. The standard approach to waste handling will be agreed in advance with the Client. Options may include using the Client's own garden waste bins, compost areas, or arranging for removal at an additional charge.

9.2 Waste removal

Where the Client requests that the Company removes garden waste from the Site, this may incur an additional fee to cover transport, disposal costs and time. The Company will comply with applicable waste regulations when transporting and disposing of waste and may limit the amount or type of waste it is able to remove.

9.3 Hazardous and non-garden waste

The Company does not normally handle hazardous waste, rubble, soil in large quantities, construction debris, or general household rubbish. Any such waste remains the responsibility of the Client unless expressly agreed otherwise. If unexpected waste of this type is encountered, the Company may pause work and discuss additional charges or alternative arrangements with the Client.

10. Health and Safety

The Company will take reasonable care to carry out work in a safe manner, using appropriate tools and protective equipment. The Client must not request the Company to undertake any task that is unsafe or for which suitable equipment is not available, such as working at inappropriate heights or using unsafe access routes.

The Client should inform the Company of any known risks at the Site and ensure that pathways and work areas are reasonably clear of obstacles, pet waste and other hazards before work begins. The Company may refuse to work or may modify the Service if it considers that health and safety standards cannot be met.

11. Damage and Liability

11.1 Duty of care

The Company will exercise reasonable care and skill in providing the Services. Any damage to property caused directly by the negligence of the Company will be assessed and, where appropriate, repaired or compensated for to a reasonable extent.

11.2 Limitations of liability

The Company shall not be liable for any indirect, consequential or purely economic loss arising from the provision of the Services, including but not limited to loss of enjoyment, loss of profits or loss of opportunity.

The Company shall not be liable for damage arising from pre-existing defects at the Site, undisclosed underground services, hidden obstructions, or fragile items placed within the working area. The Client is responsible for relocating delicate items such as ornaments, pots, garden furniture and decorations before work commences, or for informing the Company of any particularly fragile or valuable items that cannot be moved.

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

12. Complaints and Rectification

If the Client is dissatisfied with any aspect of the Services, they should inform the Company as soon as practicable, and in any event within a reasonable period after completion of the work. The Company will review the concern and, where appropriate, may return to the Site to inspect and, at its discretion, rectify any issues that arise directly from the Company's performance.

Rectification will not be offered where the issue results from subsequent actions or omissions by the Client, extreme weather, pests, disease, or other factors outside the Company's control.

13. Termination of Ongoing Services

Where the Client has arranged regular or ongoing maintenance visits, either party may terminate the arrangement by giving reasonable notice, usually no less than two weeks, unless otherwise agreed. The Company reserves the right to terminate services without notice where the Client fails to pay on time, behaves abusively towards staff, or creates unsafe working conditions.

14. Privacy and Data

The Company will collect and use personal information provided by the Client, such as names, addresses and contact details, for the purposes of managing bookings, providing Services, and handling payments. Personal information will be stored securely and will not be shared with third parties except where necessary to provide the Services, comply with legal obligations, or with the Client's consent.

15. Amendments to Terms and Conditions

The Company may update or amend these Terms and Conditions from time to time. The latest version will apply to new bookings made after the date of any change. Where services are provided on an ongoing basis, the Company will take reasonable steps to inform existing Clients of any material changes that affect them.

16. Governing Law and Jurisdiction

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

17. General Provisions

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or other competent authority, the remaining provisions shall continue in full force and effect.

Any failure or delay by the Company in enforcing any right or remedy under these Terms and Conditions shall not be deemed a waiver of such right or remedy.

These Terms and Conditions constitute the entire agreement between the Client and the Company in relation to the provision of the Services, and supersede any prior discussions, correspondence or understandings.

By making a Booking and allowing work to proceed, the Client confirms that they have read, understood and agree to these Terms and Conditions.