Gardeners Cudham Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Cudham to residential and commercial clients. By placing 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 engaging our services.

1. Definitions

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

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

Company means Gardeners Cudham, the gardening services provider.

Services means any gardening, maintenance, clearance, landscaping, or related work provided by the Company.

Site means the property, garden, or premises where the Services are to be carried out.

Agreement means the contract between the Client and the Company, comprising these Terms and Conditions and any written quotation or booking confirmation.

2. Scope of Services

The Company provides a range of gardening services, which may include but are not limited to lawn care, hedge trimming, planting, garden clearance, routine maintenance, soft landscaping, and related outdoor works. The precise scope of the Services for each job will be set out in a quotation, booking confirmation, or service description agreed with the Client.

The Company reserves the right to decline work that is unsafe, impractical, beyond the technical capabilities of the team or equipment, or falls outside the normal scope of gardening services.

3. Booking Process

3.1 Initial enquiry

Clients may request Services by contacting the Company and providing details of the Site, required work, and preferred dates. The Company may request photographs, measurements, or a Site visit to assess the work.

3.2 Quotations

The Company may provide a fixed-price quotation, a time-based estimate, or a combination of both, depending on the nature of the Services. Quotations will normally specify the work included, any exclusions, and the applicable charges. Quotations are based on the information available at the time and may be revised if the information is inaccurate or incomplete, or if conditions at the Site differ materially from those described.

3.3 Acceptance and booking confirmation

A booking is considered accepted and an Agreement formed when the Client confirms acceptance of a quotation or expressly instructs the Company to proceed, and the Company confirms the booking. Confirmation may be provided in writing or verbally, depending on the nature of the service and prior communications.

3.4 Start dates and time windows

The Company will use reasonable efforts to meet requested dates and time windows, but all start times are approximate and may be affected by weather, traffic, previous jobs, and other factors beyond the Companys control. The Client accepts that minor delays or adjustments to timing do not constitute a breach of the Agreement.

4. Client Responsibilities

The Client shall ensure that:

The Company has safe and reasonable access to the Site at the agreed dates and times.

All necessary permissions, consents, or approvals from landlords, neighbours, local authorities, and other relevant parties are obtained prior to the commencement of the Services.

Any known underground services or hidden features such as pipes, cables, drains, and irrigation systems are clearly identified and communicated to the Company in advance.

Pets, children, and other persons are kept away from the work area for the duration of the Services to ensure safety.

Any specific instructions relating to plants, trees, or garden features to be preserved or treated with particular care are clearly communicated prior to the start of the work.

If the Client fails to comply with these responsibilities and this leads to delays, additional work, damage, or safety risks, the Company may charge reasonable additional fees or, where necessary, suspend or cancel the Services.

5. Materials and Equipment

Unless otherwise agreed, the Company will supply its own tools and standard horticultural equipment required to carry out the Services. Where specialist equipment, machinery, or access arrangements are needed, the Company may charge additional fees, which will be communicated to the Client in advance where reasonably possible.

Where the Company supplies plants, materials, or other goods, these remain the property of the Company until payment is received in full. The Company will use reasonable efforts to source healthy and appropriate plants and materials, but growth, longevity, and performance depend on factors beyond the Companys control, such as weather conditions, soil quality, and Client maintenance.

6. Pricing and Payments

6.1 Pricing basis

Charges may be based on an hourly or daily rate, a fixed price for a specified scope of work, or a combination of these. The applicable pricing method will be communicated to the Client before the Services commence.

6.2 Deposits

For larger projects, the Company may require a deposit prior to commencement of the Services, particularly where purchase of significant materials or plants is involved. Deposits are payable by the date specified in the quotation or booking confirmation.

6.3 Payment terms

Unless otherwise agreed, payment is due upon completion of the Services or, for ongoing maintenance, on the date of each visit or in accordance with an agreed invoicing schedule. The Company accepts various standard payment methods, which will be communicated to the Client in advance.

6.4 Late payment

If payment is not received by the due date, the Company may charge interest on the outstanding amount at the maximum rate permitted by applicable law and may suspend further Services until full payment is received. The Client shall also be responsible for any reasonable costs incurred by the Company in recovering overdue payments, including legal or debt collection fees.

7. Cancellations and Rescheduling

7.1 Client cancellations

If the Client wishes to cancel or reschedule a booked visit, the Client must provide reasonable notice. The Company may specify a minimum notice period for cancellations or changes, for example 24 to 48 hours before the scheduled visit, depending on the type of service.

Where insufficient notice is given, the Company reserves the right to charge a cancellation fee, which may be a fixed amount or a proportion of the quoted price, to cover allocated time, planning, and any non-refundable costs incurred.

7.2 Company cancellations

The Company may cancel or reschedule Services due to severe weather, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will use reasonable efforts to notify the Client as soon as possible and to arrange an alternative date. The Company shall not be liable for any indirect or consequential loss suffered by the Client as a result of such cancellations or delays.

7.3 Termination of ongoing services

Either party may terminate an ongoing maintenance arrangement by giving reasonable notice in writing, subject to any minimum term agreed between the parties. Any Services performed and costs incurred up to the date of termination shall remain payable.

8. Weather and Site Conditions

Gardening work is affected by weather and ground conditions. The Company reserves the right to postpone or adapt work if conditions are unsafe, likely to damage the Site, or would lead to poor results, such as during extreme heat, heavy rain, high winds, or waterlogged ground.

If access to the Site is obstructed or conditions are materially different from those reasonably anticipated, the Company may adjust the scope of work, extend the time required, or revise the price accordingly. Any significant changes will be discussed with the Client where possible.

9. Waste Handling and Environmental Regulations

9.1 Garden waste

As part of the Services, the Company may cut, prune, remove, or clear vegetation and other garden materials. The handling of such waste will be agreed in advance with the Client. Options may include leaving waste on Site for composting or disposal by the Client, or removal of waste by the Company for an additional charge.

9.2 Waste removal charges

Where the Company removes garden waste from the Site, charges will reflect the volume, weight, and type of waste, as well as transportation, disposal fees, and compliance with applicable waste regulations. These charges will be communicated clearly to the Client before or during the booking process.

9.3 Compliance with regulations

The Company will comply with relevant UK regulations relating to waste handling and disposal. The Client shall not request the Company to dispose of waste in an unlawful manner, such as fly-tipping or burning where prohibited.

10. Health and Safety

The Company is committed to working safely and responsibly. All reasonable steps will be taken to minimise risks to persons, property, and the environment during the provision of Services.

The Client agrees to cooperate with the Company in maintaining a safe working environment, including keeping access routes clear, informing the Company of any known hazards, and ensuring that members of the household, employees, visitors, and pets remain clear of the work area while Services are in progress.

11. Liability and Limitations

11.1 General liability

The Company will exercise reasonable care and skill in providing the Services. If the Company is found liable for loss or damage arising from the Services, such liability shall, to the fullest extent permitted by law, be limited to the amount paid or payable by the Client for the specific Services giving rise to the claim.

11.2 Exclusions

The Company shall not be liable for any indirect, consequential, or economic losses, including loss of profit, loss of enjoyment, or loss of opportunity. The Company is not liable for any damage or deterioration to plants, lawns, or garden features arising from adverse weather, pests, diseases, lack of watering, inappropriate aftercare, or other factors beyond its reasonable control.

The Company is not responsible for damage to underground utilities, pipes, cables, or other hidden services that were not reasonably disclosed or identifiable before work began.

11.3 Non-excludable liability

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

12. Complaints and Rectification

If the Client is dissatisfied with any aspect of the Services, the Client should notify the Company as soon as reasonably possible, ideally within a short period after completion of the work. The Company will review the concerns and, where appropriate, discuss possible remedies, which may include re-attending the Site to rectify issues within a reasonable time.

The Clients right to a remedy may be affected if the garden has been materially altered, additional work has been undertaken by third parties, or recommended aftercare instructions have not been followed.

13. Intellectual Property

Any designs, planting plans, layouts, or written materials produced by the Company in the course of providing Services remain the intellectual property of the Company unless otherwise agreed in writing. The Client is granted a licence to use such materials solely for the purpose of implementing and enjoying the garden or outdoor improvements at the Site.

14. Privacy and Personal Data

The Company may collect and process basic personal data about Clients, such as names, addresses, and contact details, for the purposes of providing Services, managing bookings, processing payments, and maintaining records. The Company will take reasonable steps to keep such data secure and will not sell personal information to third parties.

The Company may use Client contact details to send essential information about bookings, invoices, or service changes. Clients may request access to or correction of the personal data held about them, subject to applicable data protection laws.

15. Variations to Terms

The Company reserves the right to amend these Terms and Conditions from time to time. The version in force at the time of the Clients booking or acceptance of a quotation will normally apply to that Agreement. Updated terms may be provided to Clients or made available upon request.

16. Governing Law and Jurisdiction

These Terms and Conditions, and any Agreement between the Client and the Company, shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising out of or in connection with these Terms and Conditions or the provision of the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales, without prejudice to any rights the Client may have under applicable consumer protection laws.

17. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect.

18. Entire Agreement

These Terms and Conditions, together with any written quotation or booking confirmation issued by the Company, constitute the entire agreement between the Client and the Company in relation to the Services. They supersede any prior promises, representations, or understandings, whether written or oral, relating to the subject matter of the Agreement.

By proceeding with a booking or allowing work to commence, the Client confirms acceptance of these Terms and Conditions.