Gardeners East Ham Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners East Ham provides gardening and related services to residential and commercial customers. By making a booking, accepting a quotation, or allowing our gardeners to begin work at your property, you agree to be bound by these Terms and Conditions.

Please read this document carefully before placing an order for services. If you do not agree with any part of these terms, you should not proceed with your booking.

1. Definitions

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

Company means Gardeners East Ham, providing gardening and related services in East Ham and the surrounding areas.

Customer means the person, firm or organisation requesting the services from the Company.

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

Property means the garden, outdoor area, or other premises where the Services are to be performed.

Contract means the agreement between the Company and the Customer for the provision of Services, incorporating these Terms and Conditions and any written quotation or confirmation provided by the Company.

2. Scope of Services

The Company provides general gardening and garden maintenance services, including but not limited to lawn mowing, hedge trimming, pruning, weeding, planting, seasonal tidy-ups, garden clearance, and soft landscaping. Any description of Services given verbally or in promotional material is for guidance only. The exact scope of work will be set out in a quotation, booking confirmation, or work order agreed with the Customer.

The Company reserves the right to refuse any work that it considers unsafe, inappropriate for its gardeners, or outside its normal scope of operations. This may include, without limitation, work at excessive height without proper access, handling of hazardous materials, tree surgery requiring specialist qualifications, or work that would breach health and safety regulations.

3. Booking Process

Customers may request Services by contacting the Company and providing details of the Property, the type of work required, and any preferred dates or times. The Company may request photographs, video, or a site visit in order to assess the work and provide an accurate quotation.

A booking is not confirmed until the Customer has accepted the quotation or price estimate issued by the Company and the Company has acknowledged that acceptance. Acceptance may be given in writing or verbally, depending on the circumstances. The Company may at its discretion require a deposit or pre-payment in order to secure the booking.

The Customer is responsible for ensuring that all information provided to the Company is accurate and complete. If on arrival at the Property the Company finds that the information provided was incomplete or misleading, or the scope of work is materially different from that described at the time of booking, the Company may revise the quotation, adjust the work to fit the agreed budget and time, or refuse to carry out the Services. In such circumstances, a call-out or cancellation charge may apply.

4. Access and Customer Obligations

The Customer must ensure that the Company and its gardeners have safe and reasonable access to the Property at the agreed time. Gates, side entrances, and any necessary internal routes must be unlocked or otherwise made available. If access requires the Customer or a representative to be present, it is the Customer's responsibility to arrange this.

The Customer must ensure that the Property is in a suitable condition for the Services to be performed. This includes removing personal items, toys, pet waste, and any obstacles that may present a hazard or impede the work. The Company may refuse to work in areas that it considers unsafe or unhygienic, and a cancellation or waiting charge may be made.

Pets and children must be kept away from the working area at all times while Services are being carried out. The Customer is responsible for supervising any occupants and visitors at the Property to ensure their safety.

Where Services involve access to neighbouring properties or shared spaces, the Customer is responsible for obtaining any necessary permissions. The Company is not liable for delays, cancellations, or disputes arising from a failure to secure such permissions.

5. Pricing, Quotations and Estimates

Prices may be quoted as a fixed fee for a defined scope of work or as an hourly or daily rate according to the nature of the Services. All quotations issued by the Company are based on the information available at the time and are typically valid for a limited period as stated on the quotation.

If, during the performance of the Services, the Company discovers additional work that is reasonably necessary but not included in the original quotation, the Company will inform the Customer and, where possible, provide an updated price. No substantial extra work will be carried out without the Customer's agreement, except where required for immediate safety or to prevent damage.

Any estimate, as opposed to a fixed quotation, is an approximate indication of cost only and is not binding. The final price may vary depending on the actual time spent, materials used, and conditions encountered at the Property.

6. Payments and Invoicing

The Customer agrees to pay the Company the fees for the Services in accordance with the quotation, estimate, or prevailing price list. Unless otherwise agreed, payment is due immediately upon completion of the Services, or upon receipt of invoice where invoicing is used.

Payment methods accepted will be communicated by the Company and may include bank transfer, card payment, or other cashless methods. The Company may, at its discretion, choose not to accept cash payments.

For larger projects or ongoing maintenance plans, the Company may require a deposit or staged payments. Any such arrangements will be set out in writing prior to the commencement of the Services.

If payment is not made by the due date, the Company reserves the right to charge interest on the overdue amount at a reasonable rate and to recover from the Customer all costs and expenses incurred in pursuing payment. The Company may also suspend further Services to the Customer until all outstanding sums are paid in full.

7. Cancellations, Rescheduling and No-Show Policy

The Customer may cancel or reschedule a booking by giving the Company reasonable notice. Unless otherwise stated in writing, at least 24 hours' notice is required for cancellation or rescheduling of a standard visit, and at least 48 hours for larger or full-day projects.

If the required notice is not given, the Company may charge a cancellation fee. This may be a fixed amount, a percentage of the quoted price, or the equivalent of a minimum call-out charge, depending on the nature of the booking.

Where the Company arrives at the Property at the agreed time but is unable to gain access, or the Customer is not present where their presence is required, this may be treated as a late cancellation and a fee may be charged.

The Company may cancel or reschedule a booking due to adverse weather, staff illness, vehicle breakdown, safety concerns, or other circumstances beyond its reasonable control. In such cases, the Company will aim to offer the Customer the next available suitable appointment. The Company is not liable for any loss or inconvenience arising from such cancellations.

8. Garden Waste, Rubbish and Environmental Regulations

During the performance of Services, the Company will normally place garden waste such as cuttings, leaves, and branches into designated bags or heaps within the Property, unless removal has been expressly included in the quotation.

Removal and disposal of garden waste is subject to local waste management and environmental regulations. Where waste removal is requested, this will be itemised as a separate service or included as a specific line in the quotation. Waste disposal charges reflect transport, labour, and lawful disposal costs.

The Company does not remove hazardous waste, builders' rubble, household rubbish, electrical items, or materials classified as controlled waste. The Customer is responsible for arranging disposal of such items through appropriate licensed carriers or local services.

The Customer must not request, and the Company will not undertake, any disposal practice that would breach environmental laws or local authority rules, such as fly-tipping or the burning of waste where prohibited. The Company reserves the right to refuse any request it believes may be unlawful or environmentally harmful.

9. Tools, Materials and Property Care

The Company will provide its own tools and standard equipment necessary to carry out the Services, unless otherwise agreed. Where specific plants, materials, or products are requested by the Customer, the Company may source and supply them, or the Customer may provide them directly.

Where the Company purchases materials on behalf of the Customer, the cost will be added to the invoice, along with any agreed handling or sourcing charges. The Company may require upfront payment for bespoke or special-order items.

While working at the Property, the Company will take reasonable care to avoid damage to lawns, plants, borders, paths, fences, and other features. However, certain minor disturbance to soil, grass, and planting may be unavoidable in the normal course of gardening work. The Customer acknowledges that the appearance of the garden may temporarily change following clearance, pruning, or similar services.

10. Liability and Limitations

The Company will perform the Services with reasonable care and skill. If the Customer is not satisfied with any aspect of the work, they must inform the Company as soon as reasonably practicable so that any issues can be reviewed and, where appropriate, rectified.

Except where prohibited by law, the Company's total liability to the Customer for any loss or damage arising from the Services or the Contract, whether in contract, tort, or otherwise, is limited to the total fees paid or payable by the Customer for the specific visit or project during which the event giving rise to the claim occurred.

The Company is not liable for any indirect or consequential loss, including loss of enjoyment, loss of use, loss of profit, or loss of opportunity. The Company is also not liable for pre-existing defects, weaknesses, or disease in plants, trees, lawns, or structures, or for any deterioration that arises naturally or due to weather conditions, pests, or factors beyond the Company's control.

The Customer is responsible for notifying the Company of any hidden services or hazards at the Property, such as underground cables, pipework, irrigation systems, or fragile surfaces. The Company is not liable for damage to any such items that have not been clearly identified prior to the work.

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

11. Insurance

The Company maintains appropriate insurance cover for its gardening operations, including public liability insurance to a reasonable level. Details of insurance cover can be provided upon request.

The Customer is responsible for ensuring that their own property insurance is adequate and that any necessary permissions have been obtained from landlords, managing agents, or insurers for the Services to be carried out at the Property.

12. Complaints and Dispute Resolution

If the Customer has any concerns or complaints about the Services, they should raise these with the Company as soon as possible, ideally within 48 hours of the work being completed. The Company will investigate the matter and may request photographs, site access, or additional information to assist its assessment.

Where a complaint is upheld, the Company may, at its discretion, offer to rectify the work, provide a partial refund, or apply a credit against future services. Any remedy will be tailored to the circumstances and the degree to which the Company is responsible for the issue.

The Company aims to resolve complaints amicably wherever possible. If a dispute cannot be resolved directly, either party may seek recourse through appropriate legal channels.

13. Termination

Either party may terminate an ongoing maintenance or repeat service agreement by giving reasonable written or verbal notice, subject to any specific notice periods agreed at the outset. The Customer will remain liable for payment of all Services delivered up to the date of termination.

The Company may terminate the Contract immediately if the Customer fails to pay sums due, behaves in an abusive or threatening manner towards staff, requests unlawful practices, or otherwise breaches these Terms and Conditions in a material way.

14. Amendments to Terms and Conditions

The Company may update or amend these Terms and Conditions from time to time. The latest version will apply to new bookings and, where reasonable, to ongoing services after the Customer has been notified of the changes or the updated terms have been made available.

15. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, are 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 under or in connection with these Terms and Conditions or the Services provided by the Company.

By proceeding with a booking or allowing the Company to commence work at the Property, the Customer confirms that they have read, understood, and agree to these Terms and Conditions.