Terms And Conditions
Gardeners Colney Hatch Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Colney Hatch provides gardening and related services to residential and commercial clients. By booking or receiving any service from Gardeners Colney Hatch, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions and Interpretation
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, business, or organisation that requests or receives services from Gardeners Colney Hatch.
Services means any gardening, garden maintenance, soft landscaping, garden clearance, or related work carried out by Gardeners Colney Hatch, whether as a one-off job or an ongoing arrangement.
Agreement means the contract between Gardeners Colney Hatch and the Client, which is formed when a booking is confirmed in accordance with these Terms and Conditions.
Site means the property, garden, or external area at which the Services are to be performed.
2. Scope of Services
Gardeners Colney Hatch provides general gardening, lawn care, plant care, pruning, hedge trimming, planting, garden tidy-ups, garden clearance, and related services. Any specific tasks or specialist work will be agreed with the Client at the time of booking or in subsequent written confirmation.
All Services are subject to staff availability, weather conditions, access to the Site, and any legal or regulatory restrictions in the area where the Services are to be provided.
3. Booking Process
3.1 Initial enquiries and quotations
Clients may request a quotation for Services by providing details of the required work, the Site, and preferred dates. Quotations may be given verbally or in writing and are based on the information supplied by the Client at the time of the request.
Any quotation is an estimate only and may be adjusted if the actual work required differs from the information originally supplied or if Site conditions are materially different from those described.
3.2 Confirming a booking
A booking is considered confirmed when Gardeners Colney Hatch has accepted the Client’s request for Services and provided a date and time for attendance. Acceptance may be given verbally or in writing.
Gardeners Colney Hatch reserves the right to decline any booking request at its discretion and without the need to provide a reason.
3.3 Access and site information
The Client must ensure that Gardeners Colney Hatch is given accurate information regarding access to the Site, any parking restrictions, security arrangements, pets, and any known hazards. If access is restricted or withheld at the agreed time of the visit, Gardeners Colney Hatch may treat the visit as a late cancellation and apply the relevant charges.
4. Service Times and Attendance
Gardeners Colney Hatch will use reasonable efforts to attend the Site on the agreed date and within the agreed time slot. However, all dates and times are approximate and may be affected by weather conditions, traffic, previous jobs, emergencies, or other circumstances beyond reasonable control.
In the event of a delay or the need to reschedule, Gardeners Colney Hatch will make reasonable efforts to notify the Client as soon as practicable and arrange an alternative date or time.
5. Client Responsibilities
The Client is responsible for:
Ensuring safe and reasonable access to the Site on the agreed dates and times.
Removing or securing any valuable or fragile items that could be damaged during the provision of Services.
Informing Gardeners Colney Hatch of any hazards, underground services, cables, pipes, or other risks that may be present at the Site.
Ensuring pets and children are kept away from work areas while Services are being performed.
Ensuring that any required permissions, consents, or approvals from landlords, neighbours, or local authorities have been obtained where necessary.
6. Pricing and Payments
6.1 Rates and estimates
Services may be charged on an hourly rate, day rate, fixed price, or a combination of these methods, as agreed at the time of booking. Any estimate or quotation is based on normal working conditions and on the description provided by the Client.
If additional time, labour, or materials are required due to unforeseen circumstances, further work requested by the Client, or Site conditions that differ materially from those described, Gardeners Colney Hatch may adjust the price accordingly. Any significant changes will be discussed with the Client where practicable.
6.2 Payment terms
Unless otherwise agreed in writing, payment is due immediately upon completion of the Services. For ongoing or regular work, Gardeners Colney Hatch may issue periodic invoices in accordance with an agreed schedule.
Payment methods will be advised to the Client at the time of booking or invoicing. The Client must ensure that payment is made in full and on time.
6.3 Late payment
Where payment is not received by the due date, Gardeners Colney Hatch reserves the right to suspend further Services and to charge interest on overdue amounts at a reasonable rate, as well as any reasonable costs of collection.
7. Cancellations and Rescheduling
7.1 Client cancellations
The Client may cancel or reschedule a booking by giving reasonable notice. Gardeners Colney Hatch may specify minimum notice periods for cancellations and rescheduling, which will be communicated at the time of booking.
If the Client cancels or requests a reschedule with insufficient notice, Gardeners Colney Hatch reserves the right to apply a cancellation fee. This may be a fixed fee or a proportion of the estimated charge for the booking.
7.2 Company cancellations
Gardeners Colney Hatch may cancel or reschedule a booking due to adverse weather, staff illness, equipment failure, unsafe Site conditions, or other circumstances beyond reasonable control. In such cases, the Client will not be charged a cancellation fee, and an alternative date or time will be offered where possible.
7.3 Failure to provide access
If the gardening team is unable to access the Site, or access is materially obstructed, at the agreed time, this may be treated as a late cancellation by the Client, and a cancellation or call-out charge may apply.
8. Materials, Plants, and Equipment
Unless otherwise agreed, Gardeners Colney Hatch will supply all necessary tools and equipment to perform the Services. Where materials or plants are to be supplied, these will be charged in addition to labour unless otherwise agreed in a fixed price quote.
All materials and plants remain the property of Gardeners Colney Hatch until paid for in full. Once installed or planted and paid for, risk in such items passes to the Client.
Gardeners Colney Hatch does not guarantee the lifespan of plants after installation, as plant health depends on ongoing care, weather, soil conditions, pests, and other factors beyond its control. Any aftercare instructions provided should be followed carefully by the Client.
9. Waste Removal and Environmental Regulations
9.1 Green waste handling
Gardeners Colney Hatch will normally collect and stack green waste in an appropriate area on the Site unless waste removal has been expressly included in the quotation or agreed separately.
Where waste removal is requested, separate charges may apply depending on the volume and type of waste. These charges will be communicated to the Client in advance where possible.
9.2 Compliance with regulations
Gardeners Colney Hatch complies with applicable waste and environmental regulations in the jurisdiction where the Services are provided. Certain types of waste, such as soil, rubble, or contaminated materials, may be subject to specific handling requirements or may not be removed by Gardeners Colney Hatch.
The Client is responsible for informing Gardeners Colney Hatch of any known contamination, hazardous materials, or special waste on the Site. Gardeners Colney Hatch reserves the right to refuse to handle or remove any waste that it reasonably believes to be hazardous or unlawful to transport or dispose of.
10. Health and Safety
Gardeners Colney Hatch is committed to operating in a safe manner and in accordance with relevant health and safety laws. The Client must co-operate with any reasonable health and safety instructions given by the gardening team while Services are being performed.
The Client must not ask the gardening team to perform tasks that are unsafe, unlawful, or outside the agreed scope of Services. Gardeners Colney Hatch reserves the right to suspend or modify the work if it considers that health and safety may be compromised.
11. Liability and Limitations
11.1 General liability
Gardeners Colney Hatch will exercise reasonable care and skill in providing the Services. If damage occurs to the Site or property as a direct result of negligence on the part of Gardeners Colney Hatch, it will consider appropriate repair or compensation, subject to the limitations in this clause.
11.2 Exclusions
Gardeners Colney Hatch is not liable for:
Any pre-existing damage or defect at the Site.
Damage arising from inaccurate or incomplete information provided by the Client.
Loss or damage resulting from pests, diseases, adverse weather, natural events, or other circumstances beyond reasonable control.
Indirect, consequential, or economic loss, including loss of profit, loss of enjoyment, or loss of opportunity.
11.3 Limitation of liability
To the fullest extent permitted by law, the total liability of Gardeners Colney Hatch to the Client in respect of any claim arising out of or in connection with the Services or these Terms and Conditions shall be limited to the total fees paid or payable by the Client for the specific booking or job to which the claim relates.
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 limited or excluded by law.
12. Complaints and Service Issues
If the Client is dissatisfied with any aspect of the Services, they should raise the issue as soon as possible, preferably within 48 hours of the work being carried out. Gardeners Colney Hatch will investigate the matter and, where appropriate, offer a remedy which may include rectification of the work or a partial refund, at its discretion.
Failure to notify Gardeners Colney Hatch of any issues within a reasonable period after completion may affect the ability to investigate and resolve the matter.
13. Intellectual Property
Any designs, planting schemes, plans, or proposals created by Gardeners Colney Hatch remain the intellectual property of Gardeners Colney Hatch unless otherwise agreed in writing. The Client may use such materials only for the purpose of implementing the agreed Services at the relevant Site.
14. Termination of Ongoing Services
Where Services are provided on a regular or ongoing basis, either party may terminate the arrangement by giving reasonable notice in writing. Gardeners Colney Hatch may specify a minimum notice period depending on the nature and frequency of the Services.
Gardeners Colney Hatch may terminate the Agreement with immediate effect where the Client commits a serious or repeated breach of these Terms and Conditions, fails to pay invoices when due, or behaves in an abusive or threatening manner towards staff.
15. Data Protection and Privacy
Gardeners Colney Hatch will collect and process personal information about Clients only for the purposes of managing bookings, providing Services, handling payments, and communicating regarding the work. Personal information will be handled in accordance with applicable data protection laws.
16. Amendments to Terms and Conditions
Gardeners Colney Hatch 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 particular booking. Continued use of the Services following any updates may indicate acceptance of the revised terms.
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, 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 the provision of Services by Gardeners Colney Hatch.
18. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court or other competent authority, that provision shall be deemed severed from the remaining provisions, which will continue in full force and effect.
19. Entire Agreement
These Terms and Conditions, together with any written quotation or booking confirmation issued by Gardeners Colney Hatch, constitute the entire agreement between the parties in relation to the Services. They supersede any prior understandings, representations, or agreements, whether written or oral, relating to the same subject matter.