Gardeners Barnes Cray Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Barnes Cray provides gardening and related outdoor services to residential and commercial clients. By making a booking, accepting a quotation, or allowing our gardeners to start work at your property, you agree to be bound by these Terms and Conditions.

1. Definitions

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

Client means the person, company, or organisation requesting the services.

Company means Gardeners Barnes Cray, the gardening service provider.

Services means any gardening, landscaping, garden maintenance, lawn care, hedge cutting, planting, clearance, or related works supplied by the Company.

Site or Property means the outdoor area, garden, or land where the Services are to be carried out.

Contract means the agreement between the Client and the Company comprising these Terms and Conditions together with any written quotation, job description, or booking confirmation.

2. Scope of Services

The Company provides general gardening and outdoor maintenance services within its service area, which may include lawn mowing, trimming, pruning, planting, weeding, turfing, hedge cutting, garden tidy-ups, seasonal clearances, and similar works. Larger or specialist works such as landscaping projects, tree surgery, or construction-related works may be offered subject to separate agreement.

The precise scope of work for each visit or project will be agreed with the Client in advance, usually via a quotation, written description, or booking confirmation. The Company will use reasonable skill and care to deliver the Services in accordance with the agreed scope, subject to weather, site conditions, and material availability.

3. Booking Process

3.1 Enquiries

Clients may request Services by contacting the Company and providing details of the required work, the address of the property, and any relevant access or safety information. The Company may request photographs or arrange a site visit to assess the work.

3.2 Quotations and Estimates

The Company may provide a quotation or estimate for the Services. Quotations will normally describe the work to be carried out and may be given as a fixed price or as an hourly rate with an estimated duration. Unless stated otherwise, quotations remain valid for 30 days from the date of issue.

3.3 Acceptance and Bookings

A Contract is formed when the Client confirms acceptance of the quotation or estimate, or when the Company confirms a booking in writing, or when the Company starts work at the property with the Client’s permission. The Client is responsible for ensuring that all details in the quotation or booking confirmation are accurate.

3.4 Regular Maintenance Visits

Where the Company agrees to provide ongoing or regular gardening visits, the frequency, approximate duration, and general scope of each visit will be agreed in advance. The Company will use reasonable efforts to attend on the agreed days and times, but these may be subject to change due to weather, staff availability, or other operational reasons. Any changes will be communicated to the Client as soon as reasonably practicable.

4. Access and Site Conditions

The Client must ensure safe and reasonable access to the Property on the agreed date and time of the Services. This includes arranging for gates to be unlocked, informing the Company of any entry codes, and ensuring that pets or livestock are secured.

The Client must inform the Company of any known hazards or restrictions at the Property, including underground services, fragile surfaces, ponds, sharp drops, loose structures, or any other safety concerns. The Company reserves the right to refuse or suspend work where site conditions are unsafe or materially different from those described at the time of booking.

If the Company is unable to access the Property or if work cannot proceed because of the Client’s act or omission, a call-out charge or cancellation fee may apply in accordance with section 7.

5. Materials, Equipment, and Standards

The Company will normally supply its own tools and equipment required to carry out the Services. If the Client requests or requires the use of specific materials or products, this must be agreed in advance. The cost of such materials may be added to the total price of the Services.

The Company will use materials and products that are suitable for general gardening purposes and will carry out the work with reasonable skill, care, and diligence. However, the Company does not guarantee specific outcomes for living plants, lawns, or hedges, as these depend on factors beyond the Company’s control, such as weather, soil conditions, pests, and subsequent care by the Client.

6. Prices and Payments

6.1 Pricing Basis

Prices may be quoted as a fixed price for a defined job, as an hourly or daily rate, or as a regular service charge for ongoing maintenance. Any minimum call-out charges or additional costs for materials, waste removal, or specialist equipment will be made clear to the Client in advance where reasonably possible.

6.2 Payment Terms

Unless otherwise agreed in writing, payment is due immediately upon completion of the Services for one-off jobs, or upon receipt of invoice for ongoing or larger projects. For substantial works, the Company may require a deposit or staged payments. Deposits are usually non-refundable once materials have been ordered or work has commenced, except where required by law.

6.3 Late Payments

If payment is not received by the due date, the Company reserves the right to charge interest on overdue amounts in accordance with applicable UK legislation and to suspend or cancel future Services until all outstanding sums are paid in full. The Client may also be liable for reasonable costs incurred by the Company in recovering overdue payments.

7. Cancellations, Rescheduling and Delays

7.1 Client Cancellations

The Client may cancel or reschedule a booked visit by giving reasonable notice. Unless otherwise stated in a specific quotation, the Company requests at least 24 hours notice for cancellation or rescheduling of standard visits. Where less than 24 hours notice is given, the Company may charge a cancellation fee or minimum call-out charge to cover lost time and costs.

For larger projects scheduled over multiple days, the required notice period for cancellation or rescheduling may be longer and will be communicated to the Client in advance. Where the Client cancels after materials have been purchased or delivered, the Client may be responsible for the cost of such materials and any incurred expenses.

7.2 Company Cancellations and Weather

The Company reserves the right to cancel or delay the Services in circumstances beyond its control, including severe weather, illness, equipment failure, or other operational issues. In such cases, the Company will seek to reschedule the work at the earliest convenient time for both parties, and no cancellation fee will be charged to the Client.

7.3 Delays on Site

If work is delayed on the day of the visit due to circumstances caused by the Client, such as lack of access, obstructions, or additional unagreed work requests, the Company may charge for waiting time or adjust the quoted price accordingly.

8. Client Obligations

The Client agrees to:

Provide accurate information about the Property and the requested Services.

Ensure safe and reasonable access on the agreed dates.

Keep children, pets, and other persons away from the work area for safety reasons.

Notify the Company of any changes to the Property that may affect the Services.

Provide water and electricity where reasonably required for the performance of the Services, unless otherwise agreed.

9. Garden Waste and Environmental Regulations

9.1 Handling of Green Waste

The Services may generate green waste such as grass cuttings, branches, leaves, and plant material. By default, the Company will seek to place such waste in the Client’s garden waste bins or compost area where available and appropriate.

9.2 Removal of Waste

If the Client requires the Company to remove green waste from the Property, this must be agreed in advance and may incur an additional charge to cover time, transport, and disposal fees. The Company will dispose of garden waste in accordance with current UK waste regulations and local requirements.

9.3 Other Waste Types

The Company is not responsible for removing household rubbish, hazardous materials, soil contaminated with chemicals, or any non-garden waste unless specifically agreed as part of the quotation. If such waste is discovered and prevents work from proceeding safely, the Company may suspend Services and discuss alternative arrangements with the Client.

10. Liability and Insurance

10.1 Duty of Care

The Company will exercise reasonable skill and care in delivering the Services and will take sensible precautions to avoid damage to property. The Company holds appropriate insurance cover for its activities, subject to policy terms and conditions.

10.2 Limitations of Liability

To the maximum extent permitted by law, the Company’s liability to the Client in respect of any claim arising out of or in connection with the Services shall be limited to the total price paid by the Client for the specific Services giving rise to the claim.

The Company is not liable for:

Loss or damage arising from defective materials supplied by third parties, provided the Company used them in good faith.

Loss of plants, lawns, or turf caused by weather, pests, disease, soil conditions, inadequate watering, or subsequent maintenance outside the Company’s control.

Indirect, consequential, or economic losses, including loss of enjoyment or use of the garden, loss of profits, or loss of opportunity.

10.3 Exclusions

Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other matter which cannot be legally excluded under UK law.

11. Damage, Defects and Complaints

If the Client believes that any part of the Services has not been carried out with reasonable skill and care, or that damage has been caused by the Company’s negligence, the Client must notify the Company as soon as reasonably practicable. The Client should provide clear details of the issue and allow the Company an opportunity to inspect and, where appropriate, rectify the problem.

The Company will investigate complaints promptly and will seek to resolve them fairly, which may include redoing part of the work, offering a partial refund, or providing other reasonable remedies where a genuine fault is established.

12. Variations and Additional Work

Any changes to the agreed scope of Services must be discussed and agreed with the Company before the additional work is undertaken. Variations may affect the price and timescale of the Services. Where possible, the Company will provide an updated quotation or estimate for the additional work and will proceed only once the Client has confirmed acceptance.

13. Termination of Ongoing Services

For regular maintenance agreements, either party may terminate the arrangement by giving reasonable notice, typically not less than 14 days, unless a different notice period has been agreed in writing. The Client remains responsible for payment for all Services delivered up to the agreed termination date.

The Company may end the Services with immediate effect where the Client persistently fails to pay on time, breaches these Terms and Conditions, or behaves in a manner that makes it unreasonable for the Company’s staff to continue attending the Property.

14. Privacy and Personal Data

The Company may collect and store Client contact details, service history, and related information to enable it to deliver the Services and manage bookings and accounts. Any personal data will be handled in accordance with applicable UK data protection laws. The Company will not sell Client details to third parties and will only share information where necessary to perform the Services or where required by law.

15. Governing Law and Jurisdiction

These Terms and Conditions and any dispute arising out of or in connection with the Services shall be governed by and interpreted 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 disputes or claims arising out of or relating to these Terms and Conditions or the Services provided by the Company.

16. General Provisions

If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision shall be severed from the remaining provisions, which shall continue to be valid and enforceable.

Any failure or delay by the Company in enforcing any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.

The Contract is between the Client and the Company only. No other person has any right to enforce any of its terms.

The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to the relevant Services. Clients are advised to review the current Terms and Conditions periodically.