Gardeners Purley Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Purley provides gardening and related services to residential and commercial clients. By booking or using any of our services, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the individual or business that requests or receives services from Gardeners Purley.
Company means Gardeners Purley, the provider of the services.
Services means gardening, lawn care, hedge cutting, planting, clearance, maintenance, and any other related work provided by the Company.
Service Area means the areas in which the Company offers its services, primarily in and around Purley and neighbouring locations, as determined by the Company from time to time.
Booking means a confirmed appointment for the provision of Services.
Agreement means the contract between the Client and the Company, consisting of these Terms and Conditions and any written quotation, confirmation, or agreed scope of work.
2. Scope of Services
The Company provides a range of gardening and grounds maintenance services. The exact scope of work for any particular job will be agreed with the Client in advance, either verbally, in writing, or through a quotation accepted by the Client.
The Company reserves the right to refuse any work that it considers unsafe, unsuitable, unlawful, or beyond its professional competence or capacity.
All Services are subject to availability and may be affected by weather conditions, site access, or other factors beyond the Companys control. In such cases, the Company will use reasonable efforts to rearrange or modify the Services in consultation with the Client.
3. Booking Process
3.1 Initial enquiry
The Client may contact the Company to request information, a quotation, or to arrange a visit. At this stage, no binding contract exists.
3.2 Quotations and estimates
Where appropriate, the Company may provide a quotation or estimate for the requested Services. Quotations are typically based on the information provided by the Client and, if necessary, a site visit. Quotations may be given as a fixed price or on an hourly or daily rate basis.
Unless otherwise stated in writing, quotations are valid for 30 days from the date of issue and are subject to amendment if the nature or scope of the work changes.
3.3 Acceptance and confirmation
A Booking is created, and a binding Agreement comes into effect, when the Client explicitly accepts the quotation or confirms an appointment time and date offered by the Company. Acceptance may be communicated verbally or in writing, including by confirming a proposed booking date or instructing the Company to proceed.
The Company will confirm the Booking details with the Client. The Client must check that the details are correct and notify the Company promptly of any errors.
3.4 Regular maintenance bookings
Where the Client requests regular or ongoing maintenance visits, a schedule may be agreed (for example, weekly, fortnightly, or monthly). These visits will continue until cancelled in accordance with these Terms and Conditions or otherwise varied by mutual agreement.
4. Client Responsibilities
The Client must ensure that the Company has safe and reasonable access to the property and all areas where the Services are to be carried out. This includes providing access to gates, driveways, and any relevant internal or external areas.
The Client must inform the Company of any known hazards, restrictions, underground services, cables, or other risks that may affect the safe delivery of the Services.
The Client is responsible for ensuring that pets, children, and third parties are kept away from the working area for the duration of the visit and until it is safe to re-enter.
Where necessary, the Client must obtain any consents or permissions required from landlords, neighbours, local authorities, or other parties before work commences.
5. Pricing and Payment Terms
5.1 Pricing
Prices for Services will be as set out in the quotation or as agreed with the Client at the time of booking. Prices may be based on a fixed fee or on an hourly or daily rate, plus the cost of materials, waste disposal, or specialist equipment where applicable.
All prices are quoted in pounds sterling. Any applicable taxes will be included in the quotation, unless clearly stated otherwise.
5.2 Payment methods
The Company accepts payment by commonly used non-cash methods and, in some cases, cash by prior arrangement. The exact accepted payment methods will be confirmed at the time of booking or invoicing.
5.3 Payment due date
Unless otherwise agreed in writing, payment is due immediately on completion of the Services or upon receipt of an invoice. For larger projects or ongoing contracts, the Company may require a deposit or stage payments, which will be clearly communicated in advance.
5.4 Late payment
If the Client fails to pay any amount due by the due date, the Company reserves the right to charge interest on the overdue amount at a reasonable rate and to recover any reasonable costs incurred in pursuing payment, including administrative and collection charges.
The Company may suspend or cancel further Services to the Client until all outstanding sums have been paid in full.
6. Cancellations, Rescheduling, and Access
6.1 Client cancellations and rescheduling
If the Client needs to cancel or reschedule a Booking, the Client must notify the Company as early as possible. Where the Client gives at least 24 hours notice before the scheduled start time, no cancellation fee will normally be charged.
Where less than 24 hours notice is given, or where the Company arrives at the property and is unable to gain access or commence work through no fault of its own, the Company reserves the right to charge a reasonable call-out or cancellation fee to cover lost time and costs.
6.2 Company cancellations and rescheduling
The Company may cancel or reschedule a Booking due to adverse weather, staff illness, equipment failure, safety concerns, access issues, or other circumstances beyond its control. The Company will notify the Client as soon as reasonably practicable and will offer an alternative date or time where possible.
The Company will not be liable for any loss or inconvenience suffered by the Client as a result of such cancellation or rescheduling, but any deposit paid for work not carried out will be applied to a rearranged visit or, if no rearrangement is possible, refunded where appropriate.
7. Materials, Equipment, and Standards of Work
The Company will provide its own tools, machinery, and basic equipment necessary to perform the Services, unless otherwise agreed with the Client.
Where plants, materials, or products are supplied by the Company, they will be of reasonable quality and suitable for their intended purpose, based on information given by the Client. Natural variations may occur in living plants and turf, and the Company does not guarantee any specific growth rate, flowering, or long-term survival, particularly where ongoing care is not under the Companys control.
The Company will exercise reasonable skill and care in carrying out the Services, in line with generally accepted standards in the gardening and grounds maintenance industry.
8. Waste Handling and Environmental Regulations
8.1 Green waste and garden debris
Where agreed as part of the Services, the Company will collect and remove green waste, such as grass cuttings, branches, and plant material. Any charges for waste removal or disposal will be clearly communicated in advance or included in the quotation.
If waste removal is not included in the quotation or scope of work, the Client will be responsible for the disposal of any waste generated during the visit. In such cases, the Company may place the waste in suitable bags or containers and leave it in an agreed area on the property.
8.2 Non-garden waste
The Company is not licensed to remove and dispose of certain types of waste, such as household rubbish, building rubble, hazardous substances, or controlled waste. The Client must not ask the Company to dispose of such materials in breach of applicable regulations.
8.3 Compliance with regulations
The Company will handle and dispose of garden waste in accordance with relevant environmental and waste management regulations. Where third-party waste carriers or disposal sites are used, the Company will take reasonable steps to ensure they are appropriately authorised, but cannot be held responsible for their independent acts or omissions.
9. Health and Safety
The Company is committed to operating in a safe manner and in compliance with applicable health and safety requirements. The Client agrees to cooperate with the Company in maintaining a safe working environment.
The Client must notify the Company of any known hazards or risks on the property, including uneven ground, unstable structures, harmful plants, or the presence of underground utilities that may affect the work.
The Company may refuse to carry out or may cease work if it reasonably considers that conditions on site pose a risk to health or safety. In such circumstances, the Company will discuss suitable alternatives or remedial measures with the Client.
10. Liability and Limitations
10.1 General liability
The Company will take reasonable care when working on the Clients property. However, the Client acknowledges that gardening work involves the use of tools, machinery, and materials that may cause minor disturbance to soil, turf, paving, or existing planting.
The Company will not be liable for normal wear, tear, or disturbance reasonably arising from the proper performance of the Services, or for any pre-existing damage or defect at the property.
10.2 Exclusions of liability
The Company will not be liable for any indirect, consequential, or economic loss, including loss of profit, loss of enjoyment, loss of use, or any similar claims, arising out of or in connection with the provision of the Services.
The Company will not be liable for any loss or damage arising from the Clients failure to follow aftercare advice, watering recommendations, or maintenance guidance provided by the Company.
10.3 Limitation of liability
Nothing in these Terms and Conditions limits or excludes the Companys liability for death or personal injury caused by its negligence, or for any other liability that cannot lawfully be excluded.
Subject to the above, the Companys total liability to the Client for any loss or damage arising out of or in connection with the Services, whether in contract, tort, or otherwise, will not exceed the total price paid or payable for the specific Services giving rise to the claim.
11. Complaints and Dispute Resolution
If the Client has any concern or complaint about the Services, the Client should raise it with the Company as soon as possible, preferably within 48 hours of the relevant visit or discovery of the issue.
The Company will investigate and, where appropriate, seek to rectify any problem by re-attending the property, adjusting the work, or offering another reasonable remedy. The Client must give the Company a fair opportunity to inspect and address any alleged defect before engaging a third party or withholding payment.
Both parties agree to act in good faith and to attempt to resolve any dispute amicably. If a dispute cannot be resolved informally, either party may pursue their rights through the appropriate legal channels.
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, issuing invoices, and maintaining client records.
The Company will take reasonable steps to keep such information secure and will not share it with third parties except where necessary to perform the Services, comply with legal obligations, or with the Clients consent.
13. Changes to Terms and Conditions
The Company may update or amend these Terms and Conditions from time to time. The current version will apply to all new Bookings and will be made available on request.
Where changes materially affect ongoing or regular maintenance agreements, the Company will notify the Client and, where required, will obtain the Clients confirmation before continuing to provide Services under the revised 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 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.
15. General Provisions
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court or other competent authority, that provision will be severed from the remaining provisions, which will continue to be valid and enforceable.
No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy prevent any further exercise of that or any other right or remedy.
The Agreement is between the Client and the Company only. No other person shall have any rights to enforce any of its terms.
By making a Booking or otherwise requesting Services from Gardeners Purley, the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.