Gardeners New Barnet Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners New Barnet provides gardening and related services to residential and commercial clients. By booking or receiving any services from us, 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, company or organisation requesting the services.

Services means gardening, garden maintenance, soft landscaping, garden clearance, lawn care and any other work agreed between the Client and Gardeners New Barnet.

Agreement means the contract between Gardeners New Barnet and the Client incorporating these Terms and Conditions and any written quotation or confirmation.

Site means the garden or property at which the Services are to be carried out.

2. Scope of Services

Gardeners New Barnet provides a range of gardening and garden maintenance services within its service area. The exact scope of work for each booking will be agreed with the Client prior to commencement of the Services and may be set out in a quotation, service description or written confirmation.

Unless expressly stated otherwise in writing, Services do not include structural landscaping, major building works, tree surgery requiring specialist qualifications or equipment, pest control treatments, electrical or plumbing works, or any services that require separate specialist licences or permissions.

The Client is responsible for ensuring that the requested Services are appropriate for the Site, taking into account any planning restrictions, property covenants and neighbouring properties.

3. Booking Process

Bookings for Services can be made by request and will be confirmed by Gardeners New Barnet in writing or verbally. An Agreement is formed once the Client accepts a quotation or confirmation and a date for the Services is agreed.

Gardeners New Barnet may request details about the Site, the condition of the garden, access arrangements and any specific requirements before confirming a booking. The Client must provide accurate and complete information so that an appropriate estimate of time, cost and materials can be made.

Any quotation provided is based on the information supplied by the Client. If on arrival at the Site the actual conditions differ significantly from those described, Gardeners New Barnet reserves the right to revise the quotation, adjust the scope of the Services, or decline to carry out the work.

Gardeners New Barnet may offer recurring or regular maintenance bookings. These arrangements will be agreed with the Client, including frequency of visits and scope of work. Regular bookings are subject to these Terms and Conditions and may be varied by agreement between the parties.

4. Access to the Site

The Client must ensure that Gardeners New Barnet has safe and reasonable access to the Site on the agreed dates and times. This includes access through any gates, communal areas, driveways or side entrances as required to carry out the Services and to transport tools and materials.

If access is not available at the agreed time, Gardeners New Barnet may at its discretion wait for a reasonable period, reschedule the visit, or treat the visit as cancelled by the Client. In such cases, a call-out or cancellation fee may apply as set out in these Terms and Conditions.

The Client must inform Gardeners New Barnet of any access restrictions, parking limitations, security systems, pets, or other factors that may affect entry to or work at the Site. Any charges for parking, access permits or entry fees are the responsibility of the Client.

5. Client Responsibilities

The Client is responsible for:

Ensuring that the Site is safe and suitable for the Services to be carried out.

Informing Gardeners New Barnet in advance of any known hazards, including uneven ground, hidden obstructions, ponds, sharp objects, contaminated soil or materials, or the presence of invasive plants.

Identifying and informing Gardeners New Barnet of any underground services such as cables, pipes, irrigation systems or storage tanks that could be affected by the Services.

Keeping children and pets away from the working area for the duration of the visit.

Obtaining any necessary consents from landlords, neighbours, freeholders or management companies before the Services take place.

The Client confirms that they are either the owner of the Site or are authorised to instruct work to be carried out at the Site.

6. Pricing and Quotations

Gardeners New Barnet may charge for Services on a fixed price basis, by the hour, by the visit, or by reference to an agreed schedule. The method of charging will be confirmed to the Client before an Agreement is formed.

Any quotation provided is valid for a limited period as specified on the quotation or, if not specified, for 30 days from the date of issue. Quotations are based on the information available at the time and may be revised if the scope of work changes or if additional Services are requested.

Prices are exclusive of any disposal charges, materials, plants, turf, compost, or other items unless expressly stated. Additional costs will be agreed with the Client where reasonably practicable before being incurred.

7. Payments

Payment terms will be confirmed at the time of booking or in the quotation. Unless otherwise agreed, payment is due on completion of the Services for single visits, or as invoiced for ongoing maintenance contracts.

Gardeners New Barnet may require a deposit or advance payment, particularly where materials or plants must be purchased specifically for the Client. Deposits are non-refundable once materials have been ordered or work has been scheduled, except as set out in these Terms and Conditions.

If payment is not received by the due date, Gardeners New Barnet reserves the right to charge interest on overdue sums, to suspend further Services, and to recover any reasonable costs incurred in pursuing payment.

8. Cancellations and Rescheduling

The Client may cancel or reschedule a booking by giving reasonable notice to Gardeners New Barnet. Except where otherwise agreed, a minimum of 48 hours notice before the scheduled start time is required to avoid cancellation charges.

If the Client cancels or reschedules with less than 48 hours notice, Gardeners New Barnet may charge a cancellation fee. This fee may reflect the time reserved, travel time, and any materials or plants purchased specifically for the booking.

If Gardeners New Barnet needs to cancel or reschedule a booking due to weather conditions, staff availability, safety concerns or other factors beyond its reasonable control, the Client will be offered an alternative date and time. Gardeners New Barnet will not be liable for any loss or inconvenience arising from such cancellations or rescheduling.

For regular maintenance bookings, the Client may terminate the arrangement by giving written or verbal notice in accordance with any agreed notice period. If no specific notice period has been agreed, a minimum of 14 days notice will apply.

9. Weather and Safety

Outdoor gardening work is subject to weather conditions. Gardeners New Barnet may decide at its discretion that work cannot be carried out safely or effectively in certain conditions, including heavy rain, high winds, extreme temperatures or other adverse weather.

If the weather prevents the Services from being completed as planned, Gardeners New Barnet will discuss alternatives with the Client, which may include partial completion, rescheduling or modifying the scope of work for that visit.

Gardeners New Barnet will not be required to carry out any task that it reasonably considers unsafe, unsuitable for the equipment available, or outside the agreed scope of Services.

10. Materials, Plants and Products

Where Gardeners New Barnet supplies plants, turf, soil, mulch, compost, fertilisers, treatments or other products as part of the Services, it will use reasonable care and skill in selecting and sourcing appropriate materials.

All plants and living materials are subject to natural variation and cannot be guaranteed to survive or thrive, as this depends on factors beyond the control of Gardeners New Barnet, including soil condition, weather, pests, diseases and aftercare. Gardeners New Barnet does not provide a guarantee on plant survival unless expressly stated in writing.

The Client is responsible for following any aftercare advice provided, including watering, feeding, pruning and protection from pests or extreme weather. Failure to follow such advice may affect the outcome of the Services.

11. Waste Removal and Garden Waste Regulations

Gardeners New Barnet will endeavour to leave the Site tidy and free from unnecessary debris following completion of the Services. However, the handling and removal of garden waste is subject to local waste regulations and the specific arrangements agreed with the Client.

Unless explicitly included in the quotation or confirmation, the standard Service does not automatically include the removal of green waste, soil, rubble or other materials from the Site. The Client may choose from the following options where available:

Garden waste left in the Client's designated compost area or green waste bin.

Bagging of waste for the Client's own disposal, subject to additional time charges where applicable.

Collection and lawful disposal of waste by Gardeners New Barnet for an additional fee, in accordance with applicable waste handling regulations.

Where Gardeners New Barnet agrees to remove garden waste from the Site, it will do so in compliance with relevant waste disposal laws and regulations. The Client must not request or permit any unlawful dumping or disposal of waste.

12. Damage and Liability

Gardeners New Barnet will exercise reasonable care and skill while carrying out the Services. If damage to the property occurs as a direct result of negligence by Gardeners New Barnet, it will work with the Client to address the issue, which may include repair, replacement or reasonable compensation.

The Client must notify Gardeners New Barnet of any alleged damage as soon as reasonably practicable and, in any event, within 7 days of the Services taking place. Photographic evidence and access for inspection may be required.

Gardeners New Barnet will not be liable for damage resulting from pre-existing defects, hidden structures, underground services not properly identified by the Client, or the inherent risks of gardening work such as disturbance of soil, minor marking of surfaces or wear to grass in areas of heavy activity.

To the fullest extent permitted by law, Gardeners New Barnet will not be liable for any indirect or consequential loss, including loss of enjoyment, loss of profits, loss of use, or loss of opportunity arising from the provision of the Services.

13. Limitations of Liability

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

Subject to the above, the total aggregate liability of Gardeners New Barnet to the Client in respect of any claim arising out of or in connection with the Agreement or the Services, whether in contract, tort or otherwise, will be limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.

14. Complaints and Service Issues

If the Client is dissatisfied with any aspect of the Services, they should raise the issue with Gardeners New Barnet as soon as possible so that it can be addressed. Gardeners New Barnet may, at its discretion, arrange a revisit, carry out remedial work, or offer an adjustment where it considers this to be reasonable.

Complaints about the quality of work must be raised within a reasonable time, and in any event within 7 days of completion of the relevant Services.

15. Variations to the Services

Any change to the agreed scope of Services after work has commenced must be agreed between the Client and Gardeners New Barnet. Variations may result in adjustments to the price and timeframe.

Gardeners New Barnet is not obliged to carry out additional tasks beyond those agreed, but will use reasonable efforts to accommodate reasonable requests where time and resources permit.

16. Force Majeure

Gardeners New Barnet will not be liable for any delay or failure to perform its obligations under the Agreement where such delay or failure results from events or circumstances beyond its reasonable control. These may include extreme weather, accidents, illness, transport disruption, acts of authorities, or other unforeseen events.

In such circumstances, Gardeners New Barnet may suspend the Services for the duration of the event, reschedule bookings, or, where necessary, cancel the Agreement without liability to the Client.

17. Privacy and Personal Data

Gardeners New Barnet may collect and use personal data from the Client for the purposes of administering bookings, providing Services, managing payments and communicating with the Client. Personal data will be handled in accordance with applicable data protection laws.

The Client is responsible for ensuring that the contact details they provide are accurate and kept up to date so that Gardeners New Barnet can communicate effectively in relation to the Services.

18. Governing Law and Jurisdiction

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 laws of England and Wales.

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 their subject matter.

19. General Provisions

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or other competent authority, the remaining provisions shall remain in full force and effect.

No failure or delay by Gardeners New Barnet in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy.

The Agreement is between Gardeners New Barnet and the Client. No other person shall have any rights to enforce its terms.

Gardeners New Barnet may update or amend these Terms and Conditions from time to time. The version in force at the time of the Client's booking will apply to that booking, unless otherwise agreed in writing.