Terms And Conditions

Terms and Conditions for Gardeners Noak Hill Services

These Terms and Conditions set out the basis on which Gardeners Noak Hill provides gardening and related services. By making 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 using our services.

1. Definitions

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

Client means the person, firm, or organisation requesting or receiving services from Gardeners Noak Hill.

Company, we, us, or our means Gardeners Noak Hill as the provider of gardening services.

Services means any gardening, maintenance, clearance, soft landscaping, and related services provided by the Company.

Site or Property means the outdoor or garden area at which the Services are to be performed.

Contract means the agreement between the Client and the Company incorporating these Terms and Conditions.

2. Scope of Services

2.1 The Company provides a range of gardening services, which may include but are not limited to lawn care, hedge trimming, planting, weeding, pruning, garden clearance, and seasonal maintenance.

2.2 The exact scope of work will be agreed in writing or confirmed verbally and subsequently recorded by the Company in a job description, quotation, or schedule of works.

2.3 Any work or materials requested by the Client that fall outside the original agreed scope may be subject to additional charges and a revised completion timeframe.

3. Booking Process

3.1 Bookings for Services may be made by contacting the Company and providing the necessary details of the Property, requested services, and preferred dates.

3.2 All bookings are subject to availability. The Company reserves the right to refuse or reschedule any booking at its discretion.

3.3 The Client must ensure that all information supplied when making a booking is accurate and complete, including access requirements, parking constraints, and any known hazards at the Property.

3.4 A booking will be considered confirmed once the Company has issued a confirmation of the appointment date and time, and, where applicable, the Client has accepted any quotation provided.

3.5 For larger projects, regular maintenance contracts, or work involving significant materials, the Company may require a written acceptance or signature from the Client before commencing work.

4. Quotations and Pricing

4.1 Any quotation provided by the Company is based on the information supplied by the Client and, where relevant, an inspection of the Property.

4.2 Quotations are typically valid for a limited period from the date of issue, after which the Company may revise or withdraw the quotation without notice.

4.3 The Company may adjust the quoted price if the scope of work changes, if access to the Property is materially different from that described, or if unforeseen circumstances arise that significantly affect the time, labour, or materials required.

4.4 Unless explicitly stated otherwise, quotations do not include the cost of green waste removal, specialist equipment hire, or third party fees, which may be charged in addition.

5. Payments and Invoicing

5.1 The Client agrees to pay the Company the agreed fees for the Services in full and on time.

5.2 For one-off jobs or smaller works, payment is usually due on completion of the Services, unless otherwise agreed in advance.

5.3 For larger projects or ongoing maintenance, the Company may require a deposit prior to commencement and staged or periodic payments in accordance with an agreed schedule.

5.4 The Company will issue an invoice setting out the charges for labour, materials, waste disposal, and any additional services. The Client must pay each invoice by the due date specified on the invoice.

5.5 If the Client fails to pay any sum by the due date, the Company reserves the right to charge interest on the overdue amount at a reasonable rate, and to suspend or cancel further Services until payment is received in full.

5.6 All prices quoted are exclusive of any applicable taxes or statutory charges, which will be added to the invoice where required by law.

6. Cancellations and Rescheduling

6.1 The Client may cancel or reschedule a booking by giving the Company as much notice as reasonably possible.

6.2 For standard appointments, the Company may specify a minimum notice period for cancellations or rescheduling. If the Client fails to provide the required notice, the Company may charge a cancellation fee or a call-out charge to cover costs incurred.

6.3 For larger projects, deposits may be non-refundable if the Client cancels within a specified time frame prior to the scheduled start date, particularly where materials have been ordered or staff allocated.

6.4 The Company reserves the right to cancel or postpone a booking due to adverse weather conditions, staff illness, safety concerns, or other circumstances beyond its reasonable control. In such cases, the Company will endeavour to offer the Client an alternative date and time.

6.5 Where the Company cancels a booking and is unable to rearrange a suitable alternative, any pre-paid amounts will normally be refunded for services not yet rendered, provided that no irrecoverable costs have been incurred on behalf of the Client.

7. Access to the Property

7.1 The Client must ensure that the Company has clear, safe, and reasonable access to the Property for the duration of the Services.

7.2 The Client must inform the Company in advance of any parking restrictions, gated access, or other factors that may affect attendance or the delivery of Services.

7.3 If the Company is unable to gain access to the Property at the agreed time, or if access is significantly obstructed, the Company may treat the visit as a cancelled appointment and charge a reasonable fee to cover any wasted time and travel.

7.4 The Client is responsible for securing any pets and notifying the Company of any potential risks, including but not limited to uneven ground, ponds, sharp objects, or hazardous materials.

8. Client Obligations

8.1 The Client must provide accurate information about the Property and the requested Services, and promptly inform the Company of any changes.

8.2 The Client must ensure that any necessary permissions, consents, or approvals have been obtained before work starts, including permissions from landlords, neighbours, or local authorities where applicable.

8.3 The Client must not instruct the Company’s staff or contractors to undertake work that is unsafe, unlawful, or outside the agreed scope of Services without the prior consent of the Company.

8.4 The Client shall be responsible for the safety and security of any personal belongings kept in the garden or outdoor areas while the Services are being performed.

9. Waste Handling and Regulations

9.1 Garden waste removal is not automatically included in every Service and will be clearly indicated in the quotation or job description where applicable.

9.2 Where the Company agrees to remove green waste or other materials from the Property, this will be carried out in compliance with relevant waste disposal regulations and environmental requirements.

9.3 The Client acknowledges that certain types of waste, such as soil, rubble, or contaminated materials, may require specialist handling and may incur additional charges.

9.4 The Company does not handle hazardous waste including, but not limited to, asbestos, chemicals, or medical waste. If such materials are discovered at the Property, the Company may suspend work until the Client arranges for safe removal by an authorised contractor.

9.5 If waste removal is not included, the Company may bag or neatly stack green waste at a suitable location on the Property for the Client to arrange disposal.

10. Materials, Plants, and Guarantees

10.1 Any plants, materials, or products supplied by the Company will be of a standard quality suitable for the intended purpose.

10.2 The survival and performance of living plants depend on factors beyond the Company’s control, including weather conditions, soil quality, pests, and ongoing care by the Client. For this reason, the Company cannot guarantee the long-term survival of plants unless explicitly stated and subject to specific conditions.

10.3 If the Company supplies products or materials from third party manufacturers, any guarantees or warranties provided by those manufacturers will apply, and the Company’s liability will be limited to the extent of any such warranties.

11. Health and Safety

11.1 The Company will take reasonable care to carry out the Services in a safe and responsible manner and in accordance with applicable health and safety requirements.

11.2 The Client must cooperate with the Company in matters relating to health and safety and must follow any reasonable instructions given by the Company’s staff while work is being carried out.

11.3 The Company may cease work immediately if, in its opinion, continuing would pose a risk to health and safety. Any resulting delay or change to the Services will be discussed with the Client.

12. Liability and Limitations

12.1 The Company will use reasonable skill and care in the provision of the Services. If the Client believes that the Services have not been carried out to a reasonable standard, the Client must notify the Company within a reasonable time so that any issues can be reviewed.

12.2 The Company’s liability for any loss or damage suffered by the Client arising from the provision of the Services shall, to the extent permitted by law, be limited to the total amount paid by the Client for the specific Services giving rise to the claim.

12.3 The Company shall not be liable for any loss of profit, loss of enjoyment, loss of opportunity, or any indirect or consequential loss or damage.

12.4 The Company shall not be responsible for pre-existing defects, structural issues, or damage at the Property, nor for damage caused by factors beyond its reasonable control, including severe weather, pests, or third party actions.

12.5 Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded or limited by law.

13. Complaints and Disputes

13.1 If the Client has any concern or complaint regarding the Services, they should contact the Company as soon as practicable to allow the matter to be investigated.

13.2 The Company will endeavour to resolve complaints promptly and fairly, which may include inspecting the Property, rectifying any issues where appropriate, or offering a partial refund where justified.

13.3 If a dispute cannot be resolved amicably, either party may seek to use appropriate alternative dispute resolution mechanisms or pursue their rights through the courts.

14. Force Majeure

14.1 The Company shall not be liable for any delay in or failure to perform its obligations where such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to extreme weather, flooding, drought, fire, industrial disputes, or interruptions to transport or utilities.

14.2 In such circumstances, the Company will inform the Client as soon as reasonably possible and will endeavour to resume the Services once the event or circumstance has passed or can be mitigated.

15. Termination

15.1 Either party may terminate the Contract for ongoing or regular services by giving reasonable notice, subject to any minimum term or notice requirements agreed between the parties.

15.2 The Company may terminate the Contract immediately if the Client commits a serious breach of these Terms and Conditions, fails to pay sums due within a reasonable period, or behaves in a threatening, abusive, or unsafe manner towards the Company’s staff or contractors.

15.3 Upon termination, the Client shall pay for all Services provided up to the date of termination and for any irrecoverable costs reasonably incurred by the Company in connection with the Contract.

16. Data Protection and Privacy

16.1 The Company may collect and store personal data relating to the Client for the purposes of managing bookings, providing Services, invoicing, and complying with legal obligations.

16.2 The Company will handle personal data in a lawful and secure manner and will not sell or disclose such data to third parties except where necessary to provide the Services or where required by law.

17. Variations to Terms

17.1 The Company reserves the right to amend or update these Terms and Conditions from time to time. Any changes will take effect from the date on which they are published or notified to the Client.

17.2 The Terms and Conditions in force at the time of booking will normally apply to that specific booking, unless otherwise agreed.

18. Governing Law and Jurisdiction

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

18.2 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 their subject matter.

19. Entire Agreement

19.1 These Terms and Conditions, together with any written quotation, job description, or schedule of works issued by the Company and accepted by the Client, constitute the entire agreement between the parties in relation to the Services.

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

By confirming a booking or allowing work to commence, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.