Terms and Conditions for Gardeners Old Malden

These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Old Malden. They are designed to be clear, fair, and easy to understand, so that customers know what to expect before any work begins. By making a booking, the client agrees that these terms apply to the services requested, whether the work involves routine maintenance, seasonal tidying, planting, lawn care, hedge trimming, or other agreed garden services. These terms apply to all domestic and commercial customers unless a separate written agreement says otherwise.

The wording below uses the terms we, us, and our to refer to the service provider, and you or the client to refer to the person or organisation booking the work. Our aim is to keep the booking process straightforward while setting out the practical rules that help work run smoothly. If any part of these terms is unclear, it should be raised before the appointment is confirmed.

1. Booking process. All bookings are subject to availability and acceptance. A request for work does not guarantee a confirmed appointment until we have reviewed the details and agreed the date, scope, and expected duration of the service. We may ask for photographs, access notes, or further information to help assess the work properly. Any quotation, estimate, or proposed schedule is based on the information available at the time and may change if the circumstances on site differ from those described. The client must ensure that the service requested is described accurately, including any known restrictions, hazards, or special instructions. Where a visit is arranged for an assessment or quotation, this may be chargeable if stated in advance.

Confirmations may be provided verbally, by email, or in writing. The booking is only binding once both parties have agreed the core details, including the services to be carried out, the planned date or dates, and any deposit or prepayment requirements. We may reschedule a booking where weather, access, staff availability, equipment issues, or safety concerns make it impractical to proceed. In such cases, we will try to offer a suitable alternative date. The client is responsible for ensuring that someone is available to grant access if required, and that any gates, pets, locked areas, or security systems are managed in a way that allows the work to be completed safely.

2. Payments and charges. Unless otherwise agreed in writing, all prices are quoted in pounds sterling and may be subject to VAT where applicable. Estimates are not fixed prices unless expressly stated as such. The final charge may reflect the actual time spent, labour used, materials supplied, waste disposal costs, and any additional work agreed on site. If the client requests extra tasks that are outside the original scope, we may revise the price accordingly before continuing. We accept payment methods as agreed before the appointment, and payment is due in full by the deadline stated on the invoice or at the time of completion if no credit arrangement has been agreed. Late payment may result in administrative charges, interest, or suspension of further services where permitted by law.

Deposits may be required for larger jobs, repeat scheduling, or where specialist materials or subcontracted services are needed. A deposit reserves time and resources and may be non-refundable if the booking is cancelled without sufficient notice, subject to consumer law. Any materials purchased specifically for the client’s job remain chargeable once ordered or delivered, even if the service is later cancelled. Where a visit is interrupted due to circumstances beyond our control, we may charge for the work completed up to that point, together with any unavoidable costs already incurred.

3. Cancellations, postponements, and access. We understand that plans can change, and we ask clients to provide notice as early as possible if a booking needs to be cancelled or moved. A reasonable cancellation period helps us manage staff scheduling and equipment allocation fairly. If a client cancels with short notice, particularly after work has already been reserved in the diary, a cancellation fee may apply to cover lost time and administration. Where a cancellation fee is payable, it will be proportionate to the notice given and the work reserved. If we must cancel or postpone, we will aim to offer a new appointment at the earliest practical opportunity.

Failure to provide safe and reasonable access may be treated in the same way as a late cancellation. This includes situations where gates are locked, entry instructions are incomplete, water or power are unavailable when required, or the site is otherwise inaccessible on arrival. If we attend and are unable to carry out the service for reasons outside our control, we may charge a call-out or wasted journey fee. If weather conditions make garden work unsafe or ineffective, we may also postpone the appointment without liability for delay.

4. Scope of service and client responsibilities. We will carry out the agreed work with reasonable care and skill. The client is responsible for identifying any fragile items, concealed hazards, underground services, irrigation equipment, or boundary issues that could affect the service. Where plants, structures, lawns, or outdoor fixtures are old, damaged, unstable, or poorly maintained, results may be limited by their existing condition. The client should remove or secure valuables, ornaments, children’s toys, and personal items before work begins. Unless stated otherwise, we do not move heavy furniture, dismantle structures, or carry out work that requires specialist trade qualifications. If such work becomes necessary, it must be separately agreed.

5. Liability and limitation of responsibility. We will take reasonable care while carrying out services, but gardening work can involve uneven ground, live plant material, sharp tools, weather exposure, and pre-existing site conditions that are beyond our control. We are not responsible for damage resulting from inaccurate information supplied by the client, hidden defects, pre-existing weakness, or the natural behaviour of plants and materials. For example, some shrubs, lawns, and trees may react unpredictably to pruning, weather, pests, disease, or seasonal change. We cannot guarantee growth, survival, flowering, or appearance unless a specific written guarantee has been agreed.

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot legally be excluded under UK law. Subject to that, our liability for loss or damage is limited to the amount paid or payable for the particular service in question, except where the law requires otherwise. We are not liable for indirect or consequential losses such as loss of enjoyment, loss of business, loss of profit, or missed appointments caused by circumstances outside our reasonable control. Clients are encouraged to keep appropriate insurance for their own property where needed.

6. Waste, green waste, and environmental compliance. Garden work often produces soil, branches, grass cuttings, leaves, hedge trimmings, dead plants, packaging, and other organic waste. Unless otherwise agreed, responsibility for waste removal will be stated in the booking details. Where we remove waste, it will be handled in accordance with applicable UK waste regulations and transported only to licensed facilities or lawful disposal routes. We may separate reusable green waste from general waste where appropriate, and we may charge additional fees for the removal of bulky, contaminated, or unusually heavy material.

The client must tell us if the site contains hazardous materials, protected species, invasive plants, sharp debris, chemicals, asbestos, fly-tipped waste, or anything else that requires special handling. We reserve the right to refuse removal of waste that appears unsafe, unlawful, or outside the agreed service. If waste is left on site after completion, it becomes the client’s responsibility unless we have expressly agreed to collect it. The client must not instruct us to dispose of waste in a way that would breach environmental law, local authority rules, or general duty-of-care obligations. We will not knowingly support unlawful dumping or disposal.

7. Materials, plants, and substitutions. Where we supply plants, soil, mulch, fertiliser, turf, gravel, compost, or other materials, we will use commercially reasonable care in selection and handling. However, natural products vary in quality and performance, and exact colour, size, or form may differ from samples or descriptions. Substitutions may be made if the originally requested item is unavailable, provided the replacement is of similar quality and suitable for the purpose agreed. If the client requests a premium or rare plant, the client accepts that availability may change and that living stock is inherently variable. Ownership of supplied materials passes to the client once payment is made in full.

8. Complaints, corrections, and inspection. If the client is dissatisfied with any aspect of the service, they should notify us within a reasonable time after completion so that the issue can be reviewed. Where a correction is appropriate, we may offer a revisit, adjustment, or other reasonable remedy. This does not apply where the complaint relates to natural plant behaviour, changing weather, or outcomes that could not reasonably have been guaranteed. The client should inspect the completed work promptly and raise any concerns before the site is altered or further work is carried out by third parties. Any attempt to remedy the issue independently may affect our ability to assess the matter properly.

We may take photographs before, during, and after the service for internal records, quality control, training, and evidential purposes, provided this is done in a lawful manner. Any personal data handled during the booking process will be used only for legitimate business purposes and in accordance with applicable data protection law. We do not sell client data to third parties. Where subcontractors are used, they will be instructed to follow suitable standards of care and confidentiality.

9. Delay, force majeure, and safety. We are not liable for failure or delay caused by events beyond our reasonable control, including severe weather, accidents, illness, transport disruption, fire, flooding, strikes, supply shortages, power failures, or public authority restrictions. If such events occur, we may suspend or postpone the service until it is safe and reasonable to resume. Safety has priority over convenience, and we may stop work if conditions become dangerous or if the client’s instructions would create an unsafe situation. Any additional time required to complete work after an interruption may be charged if the delay was not caused by us.

We also reserve the right to withdraw staff from a site if abusive behaviour, harassment, dangerous animals, unlawful activity, or unsafe conditions are present. In such cases, the client may still be charged for time spent on site and any costs already incurred. We expect all dealings to remain respectful and lawful throughout the booking and completion process.

10. Governing law. These Terms and Conditions, and any dispute or claim arising from them, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where consumer law provides otherwise. If any part of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. No waiver of a right or remedy will be treated as a permanent waiver unless confirmed in writing.

11. General provisions. These terms represent the full agreement between the parties in relation to the booking, unless a different written contract has been signed. Any variation must be agreed in writing before it takes effect. If we choose not to enforce a term on one occasion, that does not prevent us from enforcing it later. Headings are included for convenience only and do not affect interpretation. By proceeding with a booking, the client confirms that they have read and understood these Terms and Conditions for Gardeners Old Malden and agree that the service will be carried out on that basis.

In summary, these terms are intended to support a professional, transparent, and well-managed gardening service. They cover the essentials of booking, payment, cancellation, liability, waste handling, and governing law while allowing flexibility for the practical realities of outdoor work. Where the service request changes, the parties should agree the new scope and any revised price before work continues. Clear communication helps ensure that the gardening service is completed efficiently and to a proper standard.