Terms And Conditions

Gardeners Old Malden Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Old Malden provides gardening and related services to residential and commercial clients. By booking or using any of our services, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

1. Definitions

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

Client means the person, firm or company who requests or receives services from Gardeners Old Malden.

Services means any gardening, garden maintenance, clearance, landscaping, lawn care, planting, hedge cutting, pruning, patio or driveway cleaning, and any other associated works carried out by Gardeners Old Malden.

Contract means the agreement between Gardeners Old Malden and the Client for the supply of Services, incorporating these Terms and Conditions and any written quotation or confirmation.

Visit means each occasion on which Gardeners Old Malden attends the Client property to perform the Services.

2. Scope of Services

Gardeners Old Malden provides gardening and outdoor maintenance services as agreed with the Client. The precise scope of work for each Visit or project will be described in a quotation, email confirmation, or written schedule provided to the Client prior to commencement, where reasonably practicable.

The Services may include, but are not limited to, lawn mowing, edging, weeding, pruning, hedge cutting, planting, turfing, garden clearance, seasonal tidy-ups, and general garden maintenance. Certain specialist services or large-scale landscaping projects may be subject to additional terms, which will be communicated to the Client before work starts.

3. Booking Process

3.1 A booking may be requested by the Client by telephone, online form, or other method made available by Gardeners Old Malden from time to time. By making a booking request, the Client confirms that they have the authority to enter into a Contract for the property and Services requested.

3.2 The Contract is formed when Gardeners Old Malden confirms acceptance of the booking verbally or in writing, or when work commences, whichever occurs first.

3.3 For one-off or project-based work, Gardeners Old Malden may provide an estimated price based on the information supplied by the Client. Any estimate is given in good faith but is not binding, and may be subject to adjustment if the actual work required is significantly different from that originally described.

3.4 For ongoing maintenance, Gardeners Old Malden may agree a regular schedule of Visits, such as weekly, fortnightly or monthly. The frequency and scope of such Visits will be agreed in advance and may be varied by mutual agreement.

3.5 Gardeners Old Malden reserves the right to decline any booking request at its discretion, including where the Services requested are outside its usual service area or capabilities.

4. Client Obligations and Access

4.1 The Client must ensure that Gardeners Old Malden has safe and reasonable access to the garden or outdoor areas where the Services are to be performed at the agreed dates and times. This includes providing access through gates, garages, side passages or communal areas where necessary.

4.2 The Client is responsible for informing Gardeners Old Malden of any conditions or restrictions that may affect performance of the Services, such as limited access, parking restrictions, pets on the property, water supply issues, or any known hazards.

4.3 The Client must ensure that any children or pets are kept clear of the working area for the duration of the Visit, and that personal items, toys, garden furniture or other obstacles are moved where reasonably necessary to allow the Services to be carried out safely and efficiently.

4.4 If access is not available at the agreed time, or if the Visit cannot proceed due to circumstances within the Clients control, Gardeners Old Malden may charge a call-out or cancellation fee in accordance with section 7.

5. Pricing, Estimates and Quotations

5.1 Prices for Services are usually based on either an hourly rate per gardener or a fixed price agreed in advance for a defined job.

5.2 Any written quotation provided by Gardeners Old Malden will normally be valid for 30 days from the date of issue, unless stated otherwise. After this period, Gardeners Old Malden may revise the quotation to reflect changes in costs or circumstances.

5.3 Where work is carried out on an hourly basis, the final charge will be based on the actual time taken to complete the Services, including reasonable time for loading, unloading, set-up, and tidy-up.

5.4 If, during the course of a Visit, it becomes apparent that additional work is required beyond the scope originally agreed, Gardeners Old Malden will seek the Clients consent before proceeding with such additional work where this will incur extra cost.

6. Payments and Invoicing

6.1 Unless otherwise agreed in writing, payment for one-off work is due on completion of the Services at each Visit, and payment for regular maintenance may be due on completion of each Visit or on a periodic billing cycle, as agreed with the Client.

6.2 Gardeners Old Malden accepts payment by bank transfer and may also accept other methods of payment as notified to the Client. Cash payments may be accepted only by prior agreement.

6.3 Invoices will normally be issued electronically. The Client is responsible for ensuring that payment is made in full by the due date stated on the invoice.

6.4 If payment is not received by the due date, Gardeners Old Malden reserves the right to charge interest on overdue amounts at the statutory rate allowable under UK law, accruing on a daily basis from the due date until payment is received in full.

6.5 Gardeners Old Malden also reserves the right to suspend or cancel future Visits or ongoing work if invoices remain unpaid, and may pass overdue accounts to a debt recovery agency where necessary. The Client may be liable for any reasonable costs incurred in recovering outstanding sums.

7. Cancellations, Rescheduling and Minimum Charges

7.1 The Client may cancel or request to reschedule a Visit by giving at least 24 hours notice. Cancellations or changes must be communicated directly to Gardeners Old Malden using the contact method agreed at the time of booking.

7.2 If the Client cancels or reschedules a Visit with less than 24 hours notice, Gardeners Old Malden may charge a cancellation fee up to a reasonable proportion of the expected Visit cost to cover lost time and expenses.

7.3 If Gardeners Old Malden is unable to attend a Visit due to illness, severe weather, equipment failure or other unforeseen circumstances, it will endeavour to inform the Client as soon as reasonably practicable and will seek to rearrange the Visit at a mutually convenient time. No cancellation fee will be charged in such circumstances.

7.4 Certain Services may be subject to a minimum charge, such as a minimum time on site or a minimum call-out fee. This will be communicated to the Client in advance where applicable.

8. Weather and Seasonal Conditions

8.1 Gardening work is influenced by weather and seasonal conditions. Gardeners Old Malden reserves the right to postpone or modify planned work where weather conditions would make the Services unsafe, impractical or likely to cause damage to the garden or equipment.

8.2 In some cases, certain Services may not be suitable at particular times of year, such as specific planting or treatments. Gardeners Old Malden will advise the Client where seasonal timing is a factor, but the Client remains responsible for making the final decision to proceed.

9. Waste Removal and Environmental Compliance

9.1 Gardeners Old Malden will usually leave green waste neatly bagged or stacked at the Clients property, unless waste removal has been specifically agreed as part of the Service.

9.2 Where waste removal is requested, Gardeners Old Malden will handle and dispose of garden waste in accordance with applicable waste and environmental regulations. Additional charges may apply for the collection, transport and disposal of waste, particularly for large volumes.

9.3 Gardeners Old Malden is not responsible for the disposal of items not generated by its own work, such as old furniture, rubble, general household waste or hazardous materials, unless this has been expressly agreed in writing and priced accordingly.

9.4 The Client must not request or permit Gardeners Old Malden to dispose of waste in any manner that would breach local authority or national regulations.

10. Health, Safety and Property Protection

10.1 Gardeners Old Malden will take reasonable care to perform the Services safely and to avoid damage to property. Power tools and sharp equipment will be used in accordance with good practice and relevant guidance.

10.2 The Client must notify Gardeners Old Malden of any hidden or underground features which could be affected by the work, such as irrigation systems, pipes, cables, septic tanks, or buried services. Gardeners Old Malden cannot accept responsibility for damage to such features that were not reasonably identified or disclosed in advance.

10.3 The Client is responsible for securing any fragile items, ornaments, lighting, decorations, or other objects in the garden areas where work will take place. Gardeners Old Malden will not be liable for minor cosmetic damage or wear consistent with the nature of gardening work.

11. Liability and Insurance

11.1 Gardeners Old Malden will exercise reasonable skill and care in the delivery of the Services. If the Client believes that the Services have not been performed to a reasonable standard, the Client must notify Gardeners Old Malden promptly and in any event within a reasonable period after the Visit.

11.2 Where a valid complaint is made, Gardeners Old Malden may, at its discretion, re-perform the Services concerned or offer an appropriate reduction in the price paid.

11.3 Gardeners Old Malden maintains appropriate public liability insurance for the nature and scale of its operations. Details of cover can be made available on request.

11.4 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited under UK law.

11.5 Subject to the above, Gardeners Old Malden will not be liable for any indirect, consequential or economic loss, including loss of profit, loss of enjoyment, or loss of use, arising from the performance or non-performance of the Services.

11.6 Gardeners Old Malden total liability to the Client in respect of any claim arising out of the Contract shall, to the extent permitted by law, be limited to the total amount paid by the Client for the specific Visit or element of work giving rise to the claim.

12. Quality, Plants and Live Materials

12.1 Where Gardeners Old Malden supplies plants, turf or other living materials, it will use reputable suppliers and take reasonable care to select healthy stock.

12.2 Once planted or installed, the ongoing health and survival of plants, turf and other living materials depend on factors beyond Gardeners Old Malden control, including weather, soil conditions, pests, diseases, and aftercare by the Client. Accordingly, no guarantee is given that plants or turf will thrive or survive for any particular period, unless expressly stated in writing.

12.3 Gardeners Old Malden may provide general advice on aftercare, watering and maintenance. However, responsibility for following such advice and for the ongoing care of the garden lies with the Client unless a separate maintenance Contract is in place.

13. Complaints and Dispute Resolution

13.1 If the Client has any concerns or complaints about the Services, they should raise them directly with Gardeners Old Malden as soon as possible, giving clear details of the issue and, where relevant, photographs.

13.2 Gardeners Old Malden will aim to respond promptly and to work with the Client to reach a fair and practical resolution.

13.3 In the event of a dispute that cannot be resolved amicably, both parties agree to consider mediation or another form of alternative dispute resolution before commencing formal legal proceedings, where this is reasonable in the circumstances.

14. Data Protection and Privacy

14.1 Gardeners Old Malden may collect and store personal information about the Client, such as name, address and contact details, for the purpose of administering bookings, providing Services, and managing accounts.

14.2 Personal information will be handled in accordance with applicable data protection laws in the United Kingdom. Gardeners Old Malden will not sell or rent Clients personal details to third parties, and will only share such information where necessary to provide the Services, comply with legal obligations, or with the Clients consent.

15. Changes to Terms and Conditions

15.1 Gardeners Old Malden may update or amend these Terms and Conditions from time to time. The latest version will apply to new bookings and will be made available upon request.

15.2 For ongoing maintenance arrangements, Gardeners Old Malden will notify the Client of any material changes to these Terms and Conditions. Continued use of the Services after such notification will constitute acceptance of the updated terms.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions, and any Contract between Gardeners Old Malden and the Client, are governed by and construed in accordance with the laws of England and Wales.

16.2 The courts of England and Wales will have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms and Conditions or their subject matter.

By making a booking or using the Services of Gardeners Old Malden, the Client acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.