Terms And Conditions
Gardeners Limehouse Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Limehouse provides gardening and related services to residential and commercial clients. By making a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. If you do not agree, you should not proceed with a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, firm or organisation booking or receiving the services.
Company means Gardeners Limehouse, the gardening service provider.
Services means gardening, garden maintenance, soft landscaping, planting, clearance, lawn care, hedge cutting, and any related services agreed between the Client and the Company.
Site means the garden, land or premises where the Services are to be provided.
Agreement means the contract between the Client and the Company incorporating these Terms and Conditions, any written quotation and any subsequent written variation agreed by both parties.
2. Scope of Services
The Company will provide the Services as described in the quotation, booking confirmation or agreed written specification. The Client is responsible for checking that the scope of work is correct and complete before confirming the booking.
Any additional work requested by the Client that is outside the agreed scope may be chargeable at the Company’s standard rates or at a separately agreed price. The Company is under no obligation to carry out additional work unless confirmed by both parties.
The Company may refuse to undertake any work that it considers unsafe, unlawful, or inappropriate for the Site or surrounding properties, or that may cause damage to existing structures, utilities or neighbouring land.
3. Booking Process
3.1 Enquiries
Clients may request Services by contacting the Company and providing details of the Site, required work and preferred dates. The Company may request photographs, measurements or a Site visit to prepare an accurate quotation.
3.2 Quotations
Any quotation is an estimate based on the information provided at the time. Quotations are normally valid for a limited period, which will be stated where applicable. Prices may be revised if the Client’s requirements change or if the actual Site conditions differ from those initially described or shown.
3.3 Confirming a Booking
A booking is considered confirmed when the Client has accepted the quotation or agreed price and, where required, paid any deposit or booking fee specified by the Company. The Company reserves the right to decline any booking at its discretion.
3.4 Start Dates and Time Slots
The Company will use reasonable efforts to attend the Site on the agreed date and within an approximate time window. However, all dates and times are estimates and subject to change due to weather conditions, traffic, operational issues, or other circumstances beyond the Company’s control. The Company will endeavour to notify the Client of any significant delay or need to reschedule.
4. Access and Client Obligations
The Client must ensure that the Company has clear, safe and reasonable access to the Site for the duration of the work, including access for vehicles, machinery, tools and materials.
The Client must inform the Company in advance of any known hazards, underground services, cables, pipes, drainage features, restricted access, or other risks on or near the Site. The Company will not be liable for damage to items or services that were not reasonably identifiable or disclosed.
The Client agrees to remove or secure pets, personal belongings and valuables from the working area. The Company is not responsible for loss or damage arising from items left in the work area contrary to this requirement.
If the Company is unable to access the Site at the agreed time due to circumstances under the Client’s control, the visit may be treated as a late cancellation and a charge may apply, as set out in the cancellations section.
5. Health, Safety and Site Conditions
The Company operates in accordance with applicable health and safety requirements relevant to gardening and outdoor work. The Client agrees not to interfere with or override any safety measures used by the Company.
The Company may suspend or modify work if weather conditions or Site conditions are, in the Company’s reasonable opinion, unsafe or unsuitable for the Services. This may include heavy rain, high winds, extreme temperatures, or waterlogged or unstable ground.
In such cases, the Company may reschedule the work for another date. Where reasonable, the Company will discuss any changes to the schedule or method of work with the Client.
6. Materials, Plants and Equipment
Any plants, turf, materials or products supplied by the Company remain the property of the Company until paid for in full. The Company will use materials appropriate for the agreed Services and suitable for typical garden and soil conditions in the service area, unless the Client specifies otherwise in writing and the Company agrees.
The Company does not guarantee the long-term performance or lifespan of plants, turf or living materials, as these depend on factors outside the Company’s control, including weather, pests, diseases and the Client’s ongoing care and maintenance.
The Client is responsible for following any aftercare or maintenance advice provided by the Company. The Company will not be liable for plant loss or garden deterioration resulting from inadequate watering, feeding, weeding, or other maintenance by the Client or third parties.
7. Payments and Pricing
7.1 Payment Terms
Unless otherwise agreed in writing, payment for Services is due on completion of the work or in accordance with staged payments set out in the quotation or invoice. For ongoing maintenance contracts, payment terms will be specified in the maintenance agreement or invoice schedule.
7.2 Deposits
The Company may require a deposit or advance payment for certain jobs, especially where materials, plants or significant labour are involved. Deposits are typically non-refundable once the Company has committed resources, ordered materials or scheduled staff specifically for the Client’s project.
7.3 Methods of Payment
Accepted payment methods will be communicated by the Company. The Client must ensure that cleared funds are received by the due date. Any bank or transaction charges incurred due to incorrect payment details or returned payments may be passed on to the Client.
7.4 Late Payments
Where payment is not received by the due date, the Company reserves the right to charge interest and reasonable administrative fees on the outstanding amount and to suspend further work until payment is brought up to date. Continued non-payment may result in legal recovery action and the Client will be liable for any associated costs.
8. Cancellations and Rescheduling
8.1 Client Cancellations
The Client may cancel or request to reschedule a booking by giving the Company reasonable notice. For one-off visits, the Company may apply a cancellation charge if the Client cancels with short notice, particularly where staff or materials have already been allocated.
If the Company arrives at the Site at the agreed time and is unable to start work due to lack of access or other reasons within the Client’s control, the visit may be charged in full or at a minimum call-out rate.
8.2 Company Cancellations
The Company may cancel or reschedule a booking due to bad weather, staff illness, vehicle breakdown, safety concerns or other operational reasons. The Company will seek to provide as much notice as reasonably possible and will offer an alternative date. The Company will not be liable for any indirect costs or losses incurred by the Client as a result of such changes.
9. Waste, Green Waste and Recycling
9.1 Waste Handling
The Company will handle garden waste and other waste materials in accordance with applicable waste regulations and good environmental practice. This may include the removal of green waste, soil, turf or limited quantities of non-hazardous waste generated by the Services.
9.2 Waste Removal Charges
Unless expressly included in the quotation, waste removal is a separate charge. The Client should confirm in advance whether waste will be left on Site for composting or disposal by the Client, or whether the Company is to remove it. Additional charges may apply where waste volumes are higher than initially estimated.
9.3 Hazardous or Prohibited Waste
The Company does not handle hazardous, controlled or prohibited waste, including asbestos, chemical containers, electrical items, or contaminated soil. If such waste is encountered, the Company may suspend work until it is safely removed by the Client or an appropriate contractor. Any associated delays or costs are the responsibility of the Client.
10. Liability and Insurance
The Company will exercise reasonable skill and care in providing the Services. The Company holds appropriate insurance cover for its activities, subject to policy terms and limits.
To the fullest extent permitted by law, the Company’s total liability to the Client in respect of any claim arising out of or in connection with the Services or the Agreement shall be limited to the total price paid or payable for the relevant Services.
The Company will not be liable for any indirect, special or consequential loss, loss of profits, loss of enjoyment, or loss of use arising from the Services or any delay, except where liability cannot be excluded by law.
The Company is not liable for damage caused by pre-existing defects, hidden obstructions, subsidence, unstable structures, or failures of materials supplied by the Client. The Client remains responsible for the condition of existing walls, fences, paths, buildings, utilities and other structures on the Site.
11. Complaints and Defects
If the Client is dissatisfied with any aspect of the Services, the Client must notify the Company as soon as reasonably possible, providing details of the issue and, if relevant, photographs. The Company will investigate and, where appropriate, seek to remedy any defect in the Services within a reasonable time.
The Client must allow the Company a reasonable opportunity to inspect and, if agreed, rectify any alleged defect before instructing another contractor to carry out corrective work. The Company is not responsible for costs incurred by the Client in engaging third parties without the Company’s prior written consent.
12. Ongoing Maintenance and Garden Care
Where the Services include regular garden maintenance, the terms, frequency, tasks and pricing of visits will be set out in a separate maintenance schedule or written agreement. Either party may terminate a maintenance arrangement by giving any notice period specified in that agreement.
The appearance and condition of a garden over time depend on regular care. The Company does not guarantee the long-term performance of the garden where the Client does not follow reasonable maintenance practices between visits.
13. Intellectual Property and Photographs
Any designs, planting plans or layouts created by the Company remain the intellectual property of the Company unless otherwise agreed in writing. The Client is granted a non-exclusive licence to use such designs for the Site covered by the Agreement only.
The Company may take photographs of the Site before, during and after the Services for records, quality control and portfolio purposes. The Company will avoid including identifiable images of individuals without consent.
14. Force Majeure
The Company shall not be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations where such delay or failure results from events, circumstances or causes beyond its reasonable control. This may include extreme weather, natural disasters, acts of government, strikes, civil unrest, or disruption to transport or utilities.
15. Data Protection and Privacy
The Company will collect and process personal information about the Client only to the extent necessary to provide the Services, manage bookings, issue invoices and maintain records. The Company will take reasonable steps to keep such information secure and will not sell Client data to third parties.
The Client has the right to request details of personal information held by the Company and to ask for corrections where appropriate, subject to applicable data protection laws.
16. Governing Law and Jurisdiction
These Terms and Conditions, and any Agreement between the Client and the Company, are governed by and construed in accordance with the laws of England and Wales.
Any dispute arising out of or in connection with the Services or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless mandatory legal provisions specify otherwise.
17. Amendments and Entire Agreement
The Company may update these Terms and Conditions from time to time. The version in force at the time of the booking will apply to that booking unless otherwise agreed in writing.
These Terms and Conditions, together with any quotation, booking confirmation or written variation, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions or understandings.
By proceeding with a booking or allowing work to commence, the Client confirms that they have read, understood and agree to these Terms and Conditions.