Terms And Conditions
Gardeners Forest Hill Service Terms and Conditions
These Terms and Conditions govern the provision of gardening and related services by Gardeners Forest Hill to residential and commercial customers. 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 confirming any services.
Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Customer means the person, firm or company requesting services from Gardeners Forest Hill.
Company means Gardeners Forest Hill, the gardening service provider.
Services means any gardening, grounds maintenance, soft landscaping, clearance, or related work supplied by the Company, including but not limited to lawn care, hedge trimming, planting, pruning, green waste handling and general garden maintenance.
Site means the property, garden or grounds where the Services are to be carried out.
Agreement means the contract between the Customer and the Company incorporating these Terms and Conditions and any written or verbal quotation or confirmation of booking.
Scope of Services
The Company provides general garden maintenance, planting, lawn care, hedge and shrub cutting, weed control, garden tidy-ups, seasonal work and related services. Any description of Services given in advertisements or general information is for guidance only. The specific scope of work for each booking will be as agreed between the Customer and the Company at the time of quotation or confirmation of booking.
The Company reserves the right to decline work that it considers unsafe, inappropriate for its expertise, or beyond the agreed scope, including work at excessive height, involving hazardous materials, or requiring specialised machinery not available to the Company.
Booking Process
Bookings may be made by the Customer through a written request or by verbal agreement. A booking is considered provisional until confirmed by the Company. Confirmation may be given verbally or in writing and will usually specify the date or time window, the nature of the Services, and any particular requirements agreed in advance.
The Company may request photographs, a site visit, or additional information before confirming a booking to ensure the accuracy of the quotation and the feasibility of the Services. Any quotation is based on the information provided by the Customer at the time of enquiry. If on arrival the Company finds that the actual conditions differ significantly from those described, the Company may revise the quotation or decline to carry out part or all of the Services.
The Customer is responsible for ensuring that the Site address, access arrangements, and any specific instructions are accurate and provided in good time before the agreed appointment.
Quotations and Estimates
Quotations or estimates provided by the Company are based on the anticipated time, materials and labour required. Unless otherwise stated, quotations are valid for 30 days from the date issued. After this period the Company may review and amend the quotation to reflect any changes in costs or circumstances.
If work is undertaken on an hourly or day-rate basis, any time spent on Site, including reasonable set-up, clean-up and packing away of tools and equipment, will be chargeable. Any changes requested by the Customer that increase the scope of work may result in an adjusted price, which will be explained to the Customer before additional work is carried out where reasonably possible.
Access and Customer Responsibilities
The Customer must ensure that the Company has safe and reasonable access to the Site on the agreed date and time, including access to any relevant gates, paths, communal areas, or parking where required. If access is not available or is unduly restricted, the Company may charge a call-out fee or apply its cancellation terms.
The Customer is responsible for informing the Company of any relevant information about the Site, including underground cables, pipes, irrigation systems, hidden fixtures, or any known hazards. The Customer must also advise the Company of any protected plants, trees or habitats and any local restrictions that may affect the Services.
The Customer must keep children, pets and other persons away from the working area during the provision of Services to ensure safety. The Company will not be liable for any injury or damage arising from failure to comply with this requirement.
Materials and Planting
Where the Company supplies plants, turf, soil, mulch or other materials, it will use reasonable care to provide goods of appropriate quality and suitability. Plant growth and performance depend on factors beyond the Companys control, including weather, soil conditions, pests, diseases and ongoing care. Accordingly, the Company cannot guarantee the long-term survival or performance of plants once the work is completed and handed over to the Customer.
The Customer is responsible for the ongoing watering, feeding and general care of plants and lawn surfaces following completion of the Services, unless a separate maintenance agreement is in place. Any post-completion care instructions provided by the Company should be followed to maximise plant health and establishment.
Payments and Charges
Unless otherwise agreed, payment is due on completion of the Services on the day of the visit. For larger projects or ongoing maintenance contracts, the Company may require deposits, stage payments or regular invoicing as agreed in advance with the Customer.
Accepted payment methods will be confirmed by the Company. All prices are quoted in pounds sterling and are exclusive of any applicable taxes unless otherwise stated. The Customer agrees to pay all charges in full and without deduction or set-off.
Where payment is not made on the due date, the Company reserves the right to charge interest on overdue amounts at a reasonable commercial rate and to recover any costs incurred in pursuing late payments, including administrative and collection expenses. The Company may also suspend or cancel further Services until outstanding balances are settled.
Cancellations, Rescheduling and Delays
The Customer may cancel or reschedule an appointment by giving the Company as much notice as reasonably possible. Where the Customer cancels or reschedules with less than 24 hours notice, the Company reserves the right to charge a cancellation fee or call-out charge to cover costs and lost time.
The Company will use reasonable efforts to attend the Site on the agreed date and time. However, the Company may need to reschedule or delay Services due to adverse weather, staff illness, vehicle or equipment failure, access problems, safety concerns or other circumstances beyond its reasonable control. In such cases, the Company will seek to notify the Customer as soon as reasonably practicable and arrange a new appointment. The Company will not be liable for any loss or inconvenience resulting from such delays or rescheduling.
Health, Safety and Site Conditions
The Company will carry out the Services in a manner consistent with reasonable health and safety standards for gardening work. The Customer agrees not to request or insist upon any activity that is unsafe or inconsistent with the Companys safety procedures.
In periods of extreme weather, such as high winds, heavy rain, snow, ice or heatwaves, certain tasks may be unsafe or impractical. The Company may alter the planned work or postpone the visit if it considers conditions unsuitable for the intended Services.
Waste Handling and Environmental Regulations
The Company aims to handle green waste, soil and other garden materials in accordance with relevant waste and environmental regulations. Unless explicitly included in the quotation, the Company is not obliged to remove waste from the Site. Where waste removal is requested, an additional charge may apply, which will be explained to the Customer.
Green waste may be cut and left on site, composted, or bagged for the Customers use where agreed. Any non-green waste, such as rubble, plastics, metals or other refuse, may not be removed unless specifically agreed and may require separate arrangements at additional cost.
The Customer remains responsible for any waste not removed by the Company and for ensuring that any waste they dispose of complies with applicable regulations. The Company will not be liable for any penalties or issues arising from the Customers own disposal of waste.
Customer Property and Damage
The Company will take reasonable care to avoid unnecessary damage to plants, structures, fences, paving, ornaments, utilities and other property when carrying out the Services. However, some disturbance to soil, turf and vegetation is often unavoidable as part of normal gardening work.
The Customer should remove or protect any fragile, valuable or particularly sensitive items from the working area before the start of the Services. The Company will not be responsible for damage to items that were not reasonably visible, not disclosed, or left within the working area where damage could reasonably have been anticipated.
Any damage caused directly by the negligence of the Company will be assessed in a fair and reasonable manner. The Company may choose to repair, replace or provide financial compensation for proven losses, subject to the limitations of liability set out in these Terms and Conditions.
Liability and Limitations
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 which cannot lawfully be excluded or limited.
Subject to the above, the Companys liability to the Customer for any loss or damage arising out of or in connection with the Services, whether in contract, tort or otherwise, shall be limited to the total price paid or payable by the Customer for the specific Services giving rise to the claim.
The Company will not be liable for any indirect, consequential or economic loss, including loss of profit, loss of enjoyment, loss of use, or loss of opportunity. The Company will not be responsible for conditions or events beyond its control, including weather, pests, diseases, soil conditions, or third-party acts or omissions that affect the outcome of the Services.
Complaints and Service Issues
If the Customer is dissatisfied with any aspect of the Services, they should notify the Company as soon as reasonably possible, ideally within 48 hours of the work being carried out. The Company will investigate the issue and, where appropriate, may revisit the Site to review the work.
Where the Company, acting reasonably, accepts that the Services have not been performed with reasonable care and skill, it may offer to rectify the issue, provide a partial refund or propose another appropriate remedy. Any such remedy will be at the Companys discretion and subject to the limitations set out in these Terms and Conditions.
Insurance
The Company will maintain appropriate insurance cover for its gardening operations, including public liability insurance at a level it considers reasonably adequate for the nature of the Services provided. Details of insurance cover may be made available to the Customer upon reasonable request.
Intellectual Property
Any plans, designs, planting schemes, schedules or other creative materials produced by the Company remain the intellectual property of the Company unless otherwise agreed in writing. The Customer may use such materials solely for the purpose of implementing the Services at the Site and may not reproduce, share or use them for other projects without the Companys consent.
Data Protection and Privacy
The Company will handle any personal information provided by the Customer in connection with bookings and Services in a responsible manner. Personal data may be used for managing appointments, issuing invoices, keeping basic service records and, where permitted, providing information about relevant services. The Company will not sell the Customers personal information to third parties.
Variations to Terms
The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of confirmation of a booking will apply to that booking. Any changes will not affect confirmed bookings unless agreed with the Customer.
Severability
If any provision of these Terms and Conditions is found by a court or competent authority to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
Governing Law and Jurisdiction
These Terms and Conditions and any Agreement between the Customer and the Company 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.
By requesting, confirming or accepting gardening Services from Gardeners Forest Hill, the Customer acknowledges that they have read, understood and agreed to these Terms and Conditions.