Gardeners Old Oak Common Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Old Oak Common provides gardening and related services to residential and commercial customers. By booking or accepting any service, 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 given below:

Customer means the person, firm, or organisation requesting or receiving services from Gardeners Old Oak Common.

Company means Gardeners Old Oak Common, the gardening service provider.

Services means any gardening, garden maintenance, soft landscaping, lawn care, hedge trimming, planting, garden clearance or related work carried out by the Company.

Site means the garden or property where the Services are to be provided.

Contract means the agreement between the Customer and the Company incorporating these Terms and Conditions and any written quotation or confirmation.

2. Scope of Services

The Company provides gardening and related services, which may include but are not limited to routine garden maintenance, one-off tidy ups, hedge and shrub care, lawn treatments, planting, light landscaping, and garden waste removal as agreed.

The precise scope of the Services will be set out in a quotation, booking confirmation, or written description provided to the Customer. Any additional work requested that falls outside the agreed specification may incur extra charges, which will be confirmed with the Customer before such work is carried out where reasonably possible.

3. Booking Process

3.1 Bookings may be made by the Customer through the Company’s chosen communication channels. A booking is only accepted when the Company confirms the booking and, where applicable, the Customer has accepted any quotation or estimate.

3.2 The Customer must provide accurate information about the Site, including size, access arrangements, current condition, and any known hazards. The Company reserves the right to amend the quotation, adjust the scope of work, or cancel the booking if the information provided is incomplete or misleading, or if on arrival the conditions differ significantly from those described.

3.3 For larger or more complex projects, the Company may require a Site visit before confirming the quotation and booking. Any such visit will be arranged at a mutually convenient time.

3.4 Provisional dates and times are subject to availability and are not guaranteed until confirmed by the Company. All appointments are approximate and may vary due to weather, traffic, or delays on other jobs. The Company will use reasonable endeavours to inform the Customer of any significant delay or the need to rebook.

4. Quotations and Prices

4.1 Unless stated otherwise, quotations are estimates based on the information available at the time and are valid for a limited period as stated in the quotation or, if not stated, for 30 days.

4.2 If, after work has commenced, it becomes apparent that additional work or time is required due to unforeseen conditions, extra growth, undisclosed obstacles, or changes requested by the Customer, the Company will notify the Customer and may provide an updated price or estimate. The Customer’s instruction to proceed will be treated as acceptance of any revised price.

4.3 Prices are normally quoted either as a fixed fee for the job or as an hourly or daily rate plus any materials and waste disposal charges. The basis of charging will be clearly stated in the quotation or booking confirmation.

5. Payments and Invoicing

5.1 The Customer agrees to pay the Company’s charges for the Services in accordance with the quotation, booking confirmation, or any subsequent written agreement.

5.2 Payment terms will be specified in the invoice or confirmation. Unless otherwise agreed in writing, payment is due immediately upon completion of the Services for domestic customers, and within the agreed credit terms for commercial customers.

5.3 The Company may require a deposit or advance payment for certain bookings, including large projects, special orders of materials, or ongoing contracts. The deposit amount and payment schedule will be confirmed in writing.

5.4 Payments may be made using the methods accepted by the Company at the time of booking or as stated on the invoice. The Company does not accept cash sent by post and accepts no liability for loss of any such cash.

5.5 If the Customer fails to make payment by the due date, the Company may suspend further work, charge interest on the overdue amount, and recover any reasonable costs incurred in pursuing the outstanding payment. Title to any materials supplied remains with the Company until all sums due are paid in full.

6. Cancellations and Rescheduling

6.1 The Customer may cancel or reschedule a booking by giving the Company reasonable notice. Unless otherwise specified in writing, the following minimum notice periods apply:

a. For standard gardening visits of one day or less, at least 24 hours notice.

b. For larger projects involving multiple days or special materials, at least 72 hours notice.

6.2 If the required notice is not given, the Company reserves the right to charge a cancellation fee, which may be up to the full price of the scheduled work, particularly where staff have been allocated or materials obtained.

6.3 The Company may cancel or reschedule a booking due to exceptional circumstances, including severe weather, staff illness, equipment failure, or other events beyond its reasonable control. In such cases, the Company will offer an alternative appointment date. The Company will not be liable for any loss caused by such cancellation or rescheduling, but any deposit for work not yet carried out will be applied to the rearranged service or, where appropriate, refunded.

6.4 If the Customer repeatedly cancels or reschedules, the Company may decline further bookings or require prepayment in full before accepting future appointments.

7. Access to the Site

7.1 The Customer must ensure that the Company’s staff have safe and reasonable access to the Site at the agreed time, including access to gates, passages, parking where necessary, and any relevant codes or keys.

7.2 If the Company cannot gain access to the Site at the agreed time due to the Customer’s act or omission, the visit may be treated as cancelled without notice and a call-out or cancellation charge may apply.

7.3 The Customer must ensure that the Site is reasonably clear of obstructions not related to the work, and that any pets or children are kept safely away from the working area during the Services.

8. Customer Responsibilities

8.1 The Customer must inform the Company of any known hazards or risks on the Site, including uneven surfaces, hidden cables or pipes, fragile structures, ponds, allergies, or any protected plants or wildlife that must not be disturbed.

8.2 The Customer must ensure compliance with any local rules or property restrictions that may affect the Services, such as limitations on noise, access times, or changes to shared gardens.

8.3 If the Customer requests the use of their own tools, machinery, or materials, this is at the Customer’s sole risk. The Company may decline to use such items if they are unsafe or unsuitable.

9. Waste Removal and Environmental Regulations

9.1 The handling and disposal of garden waste will be agreed in advance. Unless specifically included in the quotation, the Company is not obliged to remove waste from the Site.

9.2 Where waste removal is included, any charges will be stated clearly. The Company will dispose of garden waste in compliance with applicable environmental and waste regulations.

9.3 The Company is not responsible for the disposal of hazardous or prohibited materials, including but not limited to asbestos, contaminated soil, chemical containers, or sharp objects not arising from the Services. If such materials are found, the Company may suspend work until they are removed by a licensed contractor at the Customer’s expense.

9.4 The Customer may elect to retain clippings, logs, or other green waste for their own use, for example as mulch or habitat piles. In this case, the Company will position such waste as instructed by the Customer, within reasonable limits, but accepts no responsibility for its later use or stability.

10. Health and Safety

10.1 The Company will carry out the Services with reasonable skill and care and in accordance with applicable health and safety requirements. Staff will use suitable tools, machinery, and protective equipment.

10.2 The Customer agrees not to interfere with or misuse any equipment used by the Company and to keep clear of the work area while machinery is in operation.

11. Liability and Limitations

11.1 The Company will exercise reasonable care and skill in providing the Services. If the Customer believes that any part of the work has not been carried out as agreed, the Customer must notify the Company as soon as reasonably possible and within a reasonable time after completion. The Company may inspect the work and, if appropriate, remedy defects or provide a fair adjustment.

11.2 The Company is not liable for any pre-existing damage, structural weakness, pest issues, disease, or deterioration of plants or lawns due to factors beyond its control, such as weather extremes, unsuitable soil, neglect, or incorrect aftercare by the Customer.

11.3 Any advice on plant selection, positioning, or future growth is given in good faith but cannot guarantee specific outcomes, as gardening is influenced by variable environmental conditions.

11.4 The Company’s liability for any loss or damage arising out of or in connection with the Services, whether in contract, tort, or otherwise, is limited to the price paid or payable for the specific visit or project in question, except where such limitation is not permitted by law.

11.5 The Company is not liable for any indirect or consequential losses, including loss of enjoyment, loss of profit, or loss of opportunity, arising from the provision or non-provision of the Services.

11.6 Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, for fraud, or for any other liability that cannot lawfully be limited or excluded.

12. Plants, Materials and Guarantees

12.1 Plants, turf, and other living materials are subject to natural variation. The Company will take reasonable care in selecting, transporting, and installing them, but cannot guarantee their long-term performance where ongoing care is outside the Company’s control.

12.2 Any guarantees in respect of plants, turf, or products will be confirmed in writing and may be conditional upon adequate watering, feeding, protection from pests, and other aftercare instructions being followed by the Customer.

12.3 Where materials or products are supplied by third parties, the Company will, where possible, pass on the benefit of any manufacturer’s or supplier’s warranties to the Customer.

13. Force Majeure

13.1 The Company is not responsible for any delay or failure to perform its obligations where such delay or failure is due to events or circumstances beyond its reasonable control, including but not limited to severe weather, floods, storms, droughts, strikes, accidents, pandemics, or interruptions to supply chains.

13.2 In such cases, the Company may suspend the Services for the duration of the event, reschedule the work, or, if performance becomes impossible, terminate the Contract without liability, subject to refunding any payment received for work not carried out.

14. Data Protection and Privacy

14.1 The Company will use the Customer’s personal information only for the purposes of managing bookings, providing Services, processing payments, and related administration, or as otherwise required by law.

14.2 The Company will take reasonable steps to keep personal data secure and not share it with unauthorised third parties, except where this is necessary for the performance of the Services or to comply with legal obligations.

15. Complaints

15.1 If the Customer has a concern or complaint about the Services, they should contact the Company as soon as reasonably possible. The Company will review the matter and seek to resolve it promptly and fairly.

15.2 The Customer must allow the Company a reasonable opportunity to inspect and, where appropriate, remedy any issues before arranging third-party repairs or withholding payment. Failure to do so may limit the Company’s liability.

16. Amendments to Terms

16.1 The Company may update these Terms and Conditions from time to time. The version in force at the time of the Customer’s booking will apply to that booking.

16.2 Updated terms may be supplied or made available to the Customer on request. Continued use of the Services after any update may constitute acceptance of the revised terms.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them or the Services shall be governed by and construed in accordance with the law of England and Wales.

17.2 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 the Company.

18. General Provisions

18.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.2 No waiver by the Company of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach.

18.3 The Contract is between the Customer and the Company. No other person shall have any rights to enforce its terms.

By making a booking or accepting the provision of Services by Gardeners Old Oak Common, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.