Terms and Conditions for Gardeners Cudham

These Terms and Conditions set out the basis on which gardening services are provided by a professional gardener in Cudham and surrounding areas. By making a booking, the customer agrees to the terms below, which are designed to clarify expectations, protect both parties, and support a fair, lawful service. The following conditions apply to one-off visits, regular maintenance, seasonal work, and any other agreed gardening services unless a separate written contract states otherwise.

For the purposes of these terms, references to “we”, “us”, and “our” mean the gardening service provider, while “you” and “your” refer to the customer. These conditions apply whether the work is arranged by telephone, email, online form, message, or any other communication method. If any part of these terms is unclear, it should be discussed before work begins. Continued use of the service after a quotation is accepted or a visit is booked will be taken as acceptance of these terms.

Nothing in these terms affects your statutory rights as a consumer under UK law. Where services are supplied to a business rather than a private customer, the same principles apply unless otherwise agreed in writing. We may update these terms from time to time to reflect changes in law, insurance requirements, operational procedures, or the scope of garden services offered. The version in force at the time of booking will usually apply to that job unless an updated version is expressly agreed.

Booking Process

Bookings for gardening work are normally made after an initial discussion about the type of service required, the size and condition of the garden, access arrangements, and any special instructions. A quotation may be based on photographs, written descriptions, a site visit, or a combination of these. In some cases, the final price may be confirmed only after the work has been assessed in person. The customer is responsible for giving accurate and complete information at the booking stage, including any known hazards, restricted access, or areas requiring special care.

Once a quotation is accepted, a provisional date or service window may be offered. This does not create a guaranteed appointment until the booking has been confirmed by us. We reserve the right to decline or reschedule work where weather conditions, staff availability, safety concerns, or access issues make the proposed booking impractical. If regular garden maintenance is arranged, the schedule may be reviewed from time to time to reflect seasonal demand, plant growth, or changing site conditions.

On the day of service, the customer should ensure that the garden and working areas are reasonably accessible and free from avoidable obstacles. If gates, driveways, shared access paths, or outdoor water and power supplies are required, these should be made available unless otherwise agreed. We may refuse to begin or continue work if access is unsafe, if the site differs materially from the description given at booking, or if there is a significant risk to property, equipment, or personnel. Any such refusal will be treated fairly and in accordance with the circumstances.

Payments

Prices may be quoted as fixed fees, hourly rates, daily rates, or estimated charges depending on the nature of the work. Unless stated otherwise, quotations are based on the information supplied before the job starts and may change if the actual work differs from the original description. Examples include unexpectedly heavy overgrowth, hidden waste, extra labour, restricted access, or additional materials. If a variation is needed, we will aim to explain the reason before proceeding, although urgent safety-related action may be taken where necessary.

Payment terms will be stated at the time of booking or on the invoice. In most cases, payment is due on completion of the work unless a deposit, part payment, or advance payment has been agreed in writing. We may require prepayment for larger projects, bespoke services, or jobs involving hired equipment, specialist materials, or waste disposal costs. Accepted payment methods may include bank transfer, card payment, or another agreed method. Cash may be accepted only if expressly arranged in advance. Late or failed payments may result in recovery action, suspended bookings, or the addition of lawful interest and reasonable debt recovery costs where permitted.

Cancellations and Rescheduling

Customers may cancel or reschedule a booking by giving reasonable notice. Where a booking is cancelled at short notice, we may charge a cancellation fee if time has been reserved, materials have been ordered, or travel and preparation costs have already been incurred. The amount of any fee will be proportionate to the loss suffered and will be communicated clearly where possible. If a deposit has been paid, it may be retained in full or in part to cover these costs, subject to any consumer rights that apply.

We may also need to cancel or postpone a visit because of severe weather, illness, equipment failure, transport disruption, or other circumstances beyond our reasonable control. Garden work can be highly dependent on seasonal and weather conditions, so safety and practicality will always take priority. If we cancel, we will normally offer an alternative date or, where appropriate, a refund for any work not carried out. We are not responsible for indirect losses arising from a reasonable cancellation or rescheduling, provided we have acted fairly and with due care.

Repeated changes to agreed dates, or a customer’s failure to provide access on the scheduled day, may be treated as a cancellation. In such cases, the same fee principles may apply. If work is interrupted because the customer asks us to stop, postpone, or alter the scope after attendance has begun, the customer may still be charged for the time spent, any materials used, and any unavoidable disposal or travel costs already incurred.

Scope of Services and Customer Responsibilities

Our gardening services may include lawn care, hedge trimming, pruning, planting, weeding, border maintenance, leaf clearance, pressure-related outdoor cleaning where agreed, and waste removal. The exact scope will depend on the booking and any written or verbal instructions agreed before work starts. We will use reasonable skill and care in carrying out the work, but we do not guarantee specific horticultural outcomes where results depend on weather, plant health, soil conditions, previous maintenance, or other factors outside our control. The customer remains responsible for the general condition of the property and for informing us of any known issues affecting the work.

Customers should identify fragile objects, buried services, concealed irrigation systems, pond edges, pets, security concerns, and any areas that must not be disturbed. Where children, animals, or vulnerable persons may be present, reasonable steps should be taken to keep them away from the working area. We may stop work if we believe continuing would create a risk of injury or damage. If the customer asks us to work in a way that seems unsafe, unlawful, or inconsistent with good practice, we may refuse without liability.

Materials, plants, compost, soil, and other items supplied as part of a job remain subject to availability and may vary from sample or description due to natural characteristics. We will aim to source suitable materials where agreed, but we are not responsible for supplier delays or stock shortages outside our control. If the customer supplies materials, they must be fit for purpose and suitable for the intended use. We are not liable for poor performance resulting from defective, inappropriate, or incorrectly selected customer-supplied items, unless the problem was caused by our negligence.

Liability

We will carry out all services with reasonable care and skill and will maintain appropriate insurance for the work we undertake. However, gardening involves inherent risks, particularly where tools, machinery, heights, sharp implements, uneven ground, roots, hidden debris, or fragile structures are present. We are not responsible for pre-existing damage, wear and tear, hidden defects, or faults that become apparent during the course of normal work. Where we believe an item, structure, or area is unsafe or too fragile to work on, we may decline to proceed or may limit the scope of the task.

To the fullest extent permitted by law, we will not be liable for indirect, special, or consequential losses, including loss of enjoyment, loss of profit, or loss of anticipated savings. Our total liability for any claim arising from a service will normally be limited to the amount paid or payable for the specific service in question, except where the law says otherwise. Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be limited or excluded under UK law.

If property damage occurs and is attributable to our proven negligence, we will consider the matter promptly and fairly. The customer must notify us within a reasonable time and provide suitable evidence, including photographs where possible. Minor cosmetic marks, natural disturbance caused by plant cutting, or ordinary ground disruption from normal gardening activity will not usually amount to a compensable loss. We are also not liable for loss or damage caused by acts of third parties, vandalism, adverse weather, subsidence, or events beyond our reasonable control.

Waste Regulations and Green Waste Disposal

All garden waste will be handled in accordance with applicable UK waste laws and environmental rules. Where waste removal is included in the service, this may cover green waste, cuttings, soil, branches, leaves, and other approved organic material generated by the agreed work. Waste will be transported and disposed of using lawful methods, and any transfer notes, carrier obligations, or site rules will be followed where required. We may separate waste into different types to support recycling, composting, or lawful processing.

Customers must not ask us to remove hazardous waste unless this has been expressly agreed and the relevant legal arrangements are in place. Hazardous items may include asbestos, chemicals, paint, oils, contaminated soil, needles, sharps, animal remains, or any material that requires specialist handling. If such material is discovered unexpectedly, we may suspend work and advise the customer to arrange proper disposal through an authorised provider. We are not responsible for waste that was concealed, misdescribed, or unlawfully mixed with ordinary garden waste by the customer or a third party.

If waste is left on site, the customer is responsible for its storage and disposal unless otherwise agreed. If we remove waste on the customer’s behalf, the charge may include labour, loading, transport, tip fees, and compliance costs. Ownership of waste passes to us only where it is lawful to do so and only in respect of the material agreed for removal. We may refuse to collect waste that exceeds the booked amount, presents a biosecurity concern, or breaches environmental or transport regulations.

Force Majeure, Complaints, and General Provisions

We shall not be in breach of these terms if performance is delayed or prevented by an event outside our reasonable control. Such events may include extreme weather, fire, flood, accident, epidemics, industrial action, supply chain disruption, or legal restrictions. In those circumstances, we will take reasonable steps to minimise disruption and resume the service as soon as practical. Any deadline affected by such an event will be extended for a reasonable period.

If you have a concern about the service, you should raise it as soon as possible so it can be reviewed promptly. We encourage customers to allow us a reasonable opportunity to inspect any issue and, where appropriate, to put it right. This may include revisiting the site, completing unfinished work, or discussing a partial refund if a genuine fault is established. Complaints will be handled in a fair and practical way, with reference to the agreed scope, the evidence available, and the circumstances of the job.

If any part of these terms is found to be unlawful, invalid, or unenforceable, the remaining provisions will continue in full force. No failure or delay by either party in enforcing a right will be treated as a waiver of that right. These terms form the entire agreement between the parties in relation to the service, unless varied in writing. They may only be changed by mutual agreement or by a revised written version issued by us.

Governing Law

These Terms and Conditions, and any dispute or claim arising from them or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where consumer protection law permits otherwise. The parties agree that any disagreement should first be approached constructively and in good faith, with a view to resolving matters without unnecessary formality or expense. Where possible, communication and documentation should be used to clarify the facts before formal action is taken.

By confirming a booking for gardening services, the customer acknowledges that they have read, understood, and agreed to these terms. The purpose of these conditions is to create a clear and professional basis for garden maintenance and related work, ensuring that the service is delivered safely, transparently, and in line with UK legal standards. These terms apply to the extent permitted by law and should be read together with any quotation, invoice, or written job specification that forms part of the same agreement.