Gardeners Malden Rushett Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Malden Rushett to residential and commercial customers. By placing a booking, accepting a quotation, or allowing our gardeners to commence work at your property, you agree to be bound by these Terms and Conditions.

These terms are intended to comply with applicable laws of England and Wales and to provide clear expectations on both sides, ensuring that services are carried out safely, efficiently, and transparently.

1. Definitions

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

Client means the person, firm, or organisation ordering services from Gardeners Malden Rushett or on whose property the services are carried out.

Company means Gardeners Malden Rushett, which provides gardening and related services.

Services means any gardening, grounds maintenance, landscaping, lawn care, hedge trimming, tree and shrub work, planting, garden tidy-up, pressure washing, or other services supplied by the Company to the Client.

Booking means a confirmed request for Services made by the Client and accepted by the Company, whether verbally or in writing.

Property means the outdoor or garden area at which the Services are to be carried out.

2. Scope of Services

The Company provides general gardening and grounds maintenance services, which may include lawn mowing, trimming, pruning, weeding, planting, hedge cutting, garden clearance, soft landscaping, and similar tasks as agreed.

The exact Services to be provided will be set out in a quotation, booking confirmation, or verbal agreement confirmed at the time of booking. Any description of Services on advertising materials or online is indicative only and does not form a binding specification.

The Company reserves the right to refuse to carry out any work that is unsafe, unlawful, unsuitable for the condition of the Property, or beyond the competence or equipment available to the Company.

3. Booking Process

Bookings may be made by the Client through the Companys accepted booking channels. The Client must provide accurate information about the Property, access arrangements, the nature of the work required, any known hazards, and any restrictions that may affect the provision of the Services.

A booking will be considered provisional until confirmed by the Company. Confirmation may be given verbally or in writing and will include, where possible, the agreed date, time window, and an outline of the Services to be provided.

The Company may request photographs or additional details to better estimate the scope of work. Any estimate based on limited information may be adjusted on site if the actual work required differs materially from what was described.

Where a quotation is provided, it will be based on the information available at the time and will normally be valid for a specified period. Acceptance of a quotation and confirmation of a booking constitutes agreement to these Terms and Conditions.

4. Access and Client Responsibilities

The Client must ensure that the Companys staff have safe and reasonable access to the Property for the duration of the booking. This includes access to gates, paths, garden areas, and any parking spaces or loading areas necessary for equipment and materials.

The Client must ensure that pets, children, and vulnerable persons are kept away from the immediate working area while Services are being carried out, and that any valuables, breakable items, or obstructions are moved or protected in advance where possible.

The Company will not be responsible for delays or incomplete work caused by lack of access, obstructions, or unsafe conditions. In such cases, a call-out or cancellation fee may be charged in accordance with these Terms and Conditions.

5. Pricing, Estimates, and Quotations

Services may be charged on a fixed-price basis, hourly rate, daily rate, or other agreed pricing structure. The applicable pricing will be communicated to the Client before work commences, either in a quotation or at the time of booking.

Where an estimate or quotation is given, it is based on the information provided and current pricing. If the scope of work changes, or if the work is found on arrival to be substantially more extensive than described, the Company will inform the Client and seek approval for any revised price before proceeding, where reasonably practical.

The Company may apply minimum call-out charges or minimum service durations for smaller jobs. Any such minimums will be explained to the Client prior to booking or on request.

6. Payments and Invoicing

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 on the same day.

The Company may accept various payment methods, which will be advised to the Client, and may require payment in advance or a deposit for larger or multi-day projects. Deposits are generally non-refundable unless the Company cancels the Services without offering a reasonable alternative date.

For regular maintenance contracts or ongoing services, the Company may issue periodic invoices. The Client agrees to pay all invoices by the due date stated on the invoice. Late payments may incur interest or administrative charges as permitted by law.

Ownership of any materials supplied by the Company does not pass to the Client until payment is received in full. The Company reserves the right to recover outstanding sums through appropriate legal channels if necessary.

7. Cancellations, Rescheduling, and Missed Appointments

The Client may cancel or request to reschedule a booking by giving reasonable notice. The Company asks that at least 24 hours notice is given wherever possible so that time slots can be offered to other Clients.

If the Client cancels with less than 24 hours notice, or fails to provide access upon arrival, the Company reserves the right to charge a cancellation or call-out fee, which may be a fixed amount or a percentage of the expected service charge.

The Company may need to cancel or reschedule an appointment due to adverse weather conditions, staff illness, vehicle or equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will aim to notify the Client as soon as possible and rearrange the booking at a mutually convenient time. The Company will not be liable for any loss or inconvenience caused by such cancellations or rescheduling, provided it uses reasonable efforts to offer an alternative appointment.

8. Health, Safety, and Working Conditions

The Company is committed to carrying out Services in a safe and responsible manner. Clients must inform the Company of any known hazards at the Property, including uneven ground, hidden ponds, exposed cables, or substances that could pose a risk to staff or third parties.

The Companys staff may decline to carry out or continue any task they consider unsafe or inappropriate, including but not limited to work at height without suitable access equipment or work in severe weather conditions.

Use of machinery and tools may generate noise, dust, and temporary disruption. The Client is responsible for ensuring that neighbours or other occupants are informed where necessary and for any permissions required from landlords, freeholders, managing agents, or local authorities.

9. Waste Removal and Environmental Regulations

The handling and disposal of garden waste and other materials will be agreed with the Client in advance. In many cases, the Company can collect and remove green waste, such as grass cuttings, leaves, branches, and plant material, either as part of the service or for an additional charge.

All waste removal is carried out in line with applicable waste and environmental regulations. The Company will not remove hazardous waste, contaminated materials, or items that require specialist disposal.

If waste removal is not included, the Company may leave green waste neatly bagged or stacked at the Property for the Client to dispose of through local council collections or other lawful means. The Client remains responsible for any waste not explicitly agreed to be removed by the Company.

The Client must not request the Company to dispose of waste unlawfully, including fly-tipping or burning in prohibited areas. The Company reserves the right to refuse any such requests and may terminate the Services if unlawful disposal is insisted upon.

10. Quality of Service and Complaints

The Company aims to provide Services with reasonable care and skill. If the Client is dissatisfied with any aspect of the work, they should raise the issue with the Company as soon as possible, ideally within 48 hours of completion.

The Company will investigate any complaint, and where appropriate and reasonably practicable, may return to the Property to inspect the work and, if necessary, carry out remedial works. The extent of any remedial works will be at the Companys discretion, taking into account the nature of the complaint and the original scope of Services.

Minor variations in appearance and finish are to be expected in gardening and outdoor work due to weather, soil conditions, plant growth, and other factors beyond the Companys control. The Company cannot guarantee specific outcomes such as exact plant survival, growth rates, or long-term appearance, but will use reasonable care consistent with good horticultural practices.

11. Liability and Limitations

The Company will exercise reasonable care to avoid damage to property, plants, and structures while carrying out the Services. However, the Client acknowledges that certain tasks, such as pruning, felling, or heavy clearance, inherently carry a risk of incidental damage.

The Companys total liability for any loss or damage arising from the provision of Services, whether in contract, tort, or otherwise, shall be limited to the total price paid or payable by the Client for the specific booking in question, except where such limitation is not permitted by law.

The Company will not be liable for any indirect, consequential, or economic loss, including loss of enjoyment, loss of profit, or loss of anticipated savings, arising out of or in connection with the Services.

Nothing in these Terms and Conditions shall exclude or limit the Companys liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot legally be excluded or limited.

12. Planting, Materials, and Warranties

Where the Company supplies plants, turf, or other living materials, their survival and long-term performance depend on aftercare, weather conditions, pests, and diseases. The Company cannot guarantee the lifespan of living materials once they have been installed and handed over to the Client.

Any manufacturer or supplier warranties on materials such as paving, fencing, or fixtures will be passed on to the Client where possible. The Companys responsibility is limited to the proper installation of such materials in accordance with general industry practice.

13. Insurance

The Company will maintain appropriate public liability insurance for the Services it provides. Evidence of insurance may be made available to the Client upon reasonable request.

14. Data Protection and Privacy

The Company will collect and use personal information about the Client, such as name, address, and service details, only as necessary to manage bookings, deliver Services, and handle accounts and queries.

The Company will take reasonable steps to keep such information secure and will not sell or disclose it to third parties except where required to process payments, comply with legal obligations, or deliver the Services requested.

15. Variation of Terms

The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Clients booking will apply to that booking unless a written agreement to the contrary is made.

Any variation to these Terms and Conditions requested by the Client will only be binding if agreed in writing by the Company.

16. Termination

Either party may terminate an ongoing service arrangement by giving reasonable notice, subject to any specific contract terms agreed for long-term or large-scale projects.

The Company may terminate or suspend Services immediately if the Client fails to pay sums due, behaves abusively or inappropriately towards staff, requests unlawful activities, or otherwise materially breaches these Terms and Conditions.

17. Governing Law and Jurisdiction

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.

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.

18. Severability

If any provision of these Terms and Conditions is held to be invalid, unlawful, or unenforceable by a court or competent authority, that provision shall be deemed severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms and Conditions, together with any written quotation or booking confirmation, constitute the entire agreement between the Client and the Company in relation to the Services. They supersede any prior understandings, statements, or representations, whether oral or written.

By proceeding with a booking, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.