Gardeners Blackwall Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Blackwall provides gardening and related services to residential and commercial customers in the United Kingdom. By booking or using any of our services, you agree to be bound by these Terms and Conditions. Please read them carefully before placing any booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Company means Gardeners Blackwall, the provider of gardening and related services.
Customer means any individual, business, or organisation that books or receives services from the Company.
Services means gardening, garden maintenance, lawn care, planting, hedge trimming, clearance, and any other related work agreed between the Customer and the Company.
Site means the property, garden, or other location where the Services are to be carried out.
Contract means the agreement between the Company and the Customer comprising these Terms and Conditions and any written confirmation of booking or quotation.
2. Scope of Services
The Company provides a range of gardening and outdoor maintenance services. The precise scope of Services for each job will be agreed with the Customer in advance, either by quotation, written description, or verbal agreement confirmed in writing.
The Company may provide advice and recommendations regarding planting, maintenance, and garden improvements. Such advice is provided in good faith but does not constitute professional horticultural or structural engineering advice unless expressly stated otherwise.
The Customer is responsible for ensuring that any requested Services are suitable for the Site and do not infringe planning rules, property covenants, or any other legal or regulatory requirements.
3. Booking Process
Bookings for Services may be requested by the Customer through the communication methods offered by the Company from time to time. All bookings are subject to availability and acceptance by the Company.
Before confirming a booking, the Company may request information about the Site, including size, access, condition, and specific requirements. The Customer agrees to provide accurate and complete information to enable the Company to assess the work and allocate sufficient time and resources.
The Company may provide a quotation or estimated price based on the information supplied. Quotations may be issued on a fixed price basis or as an hourly rate with an estimate of total time required. Unless otherwise stated, quotations are valid for 30 days from the date of issue.
A booking is only confirmed when the Customer receives explicit confirmation from the Company, which may be provided in writing. The Company reserves the right to refuse any booking at its sole discretion.
4. Access and Site Preparation
The Customer must ensure that the Company has safe and reasonable access to the Site at the agreed dates and times. This includes providing access through any gates, shared areas, or secured entry systems.
Where parking permits or special access permissions are required, the Customer is responsible for arranging these in advance or reimbursing the Company for any associated costs. The Company is not liable for delays or additional charges arising from lack of access or parking restrictions.
The Customer should remove or secure any personal belongings, garden ornaments, or other items that may obstruct the work area. The Company is not responsible for damage to items left in the work area that reasonably could have been moved or secured by the Customer.
If pets are present at the Site, the Customer must ensure that they are kept safely away from the working area throughout the duration of the visit.
5. Customer Obligations
The Customer agrees to cooperate fully with the Company and to provide all information, instructions, and approvals needed for the Services to be carried out efficiently and safely.
The Customer is responsible for informing the Company of any known hazards at the Site, including but not limited to uneven ground, hidden cables or pipes, hazardous plants, or previous chemical treatments.
The Customer confirms they either own the Site or have the authority of the owner or occupier to request and approve the Services. The Customer indemnifies the Company against any claim brought by a third party arising from lack of such authority.
6. Pricing and Payment Terms
Prices for the Services will be confirmed to the Customer prior to commencement of work, either as a fixed quotation or an hourly or daily rate with an estimated duration. Prices may include or exclude materials, waste removal, and additional services, which will be clearly stated where possible.
The Company reserves the right to adjust prices if the information provided by the Customer prior to quotation proves to be incomplete or inaccurate, or if the condition of the Site is materially different from what was described.
Unless otherwise agreed, payment is due immediately upon completion of the Services. For larger projects, the Company may require deposits, staged payments, or advance payment for materials. Any such arrangements will be communicated to the Customer before work begins.
The Company accepts payment by the methods it makes available from time to time. The Customer agrees to pay all amounts in full and without deduction, set-off, or counterclaim.
If payment is not received by the due date, the Company may charge interest on the outstanding amount at the statutory rate applicable in the United Kingdom until payment is made in full. The Company may also suspend further Services until settled.
7. Cancellations and Rescheduling
The Customer may cancel or request to reschedule a booking by giving the Company reasonable notice. Unless otherwise agreed, at least 24 hours notice before the scheduled appointment is required for standard gardening visits, and at least 48 hours for larger or all-day projects.
If the Customer cancels or seeks to reschedule within the applicable notice period, the Company may charge a late cancellation fee or a percentage of the quoted price to cover costs and lost time slots.
In the event of adverse weather or conditions that make it unsafe or impractical to carry out the Services, the Company reserves the right to cancel or reschedule the appointment. The Company will endeavour to notify the Customer as early as reasonably possible and to offer an alternative date. The Company is not liable for any loss arising from such cancellation or delay.
Where a deposit has been paid, it may be retained in full or in part if the Customer cancels without sufficient notice, subject to the Companys reasonable discretion and applicable consumer protection laws.
8. Changes to the Scope of Work
If the Customer requests additional work or changes to the Services after a booking has been confirmed, the Company will advise whether such changes are possible and what impact they may have on price and timescales.
Any variation to the Contract must be agreed by both parties. Additional work may be charged on a time and materials basis or by a separate quotation, as determined by the Company.
9. Materials, Plants, and Guarantees
Where the Company supplies plants, materials, or products, it will use reasonable care to select appropriate and good quality items. However, the long-term performance of living plants depends on factors beyond the Companys control, including weather, soil conditions, pests, disease, and ongoing maintenance by the Customer.
Unless expressly stated in writing, the Company does not guarantee the lifespan, growth rate, or performance of plants after completion of the Services. Any manufacturer warranties on products or materials supplied will be passed on to the Customer where legally permissible.
10. Waste Handling and Environmental Regulations
The Company will comply with relevant UK regulations relating to green waste and environmental protection. By default, garden waste generated during the Services will be left neatly on site for the Customers own disposal unless waste removal has been expressly included in the quotation.
If the Customer requests waste removal, this may incur additional charges that will be communicated in advance where possible. The Company will handle and dispose of waste in accordance with applicable waste carrier and disposal rules.
The Customer agrees not to request the Company to dispose of hazardous, controlled, or non-garden waste in a manner that would breach environmental legislation. The Company reserves the right to refuse to handle any waste it reasonably believes to be unsafe or unlawful to transport or dispose of.
11. Health and Safety
The Company takes health and safety seriously and will take reasonable steps to ensure that work is carried out safely for its personnel, the Customer, and third parties. The Customer agrees not to interfere with the work in a way that may compromise safety.
The Customer must keep children, pets, and any unauthorised persons away from the work area while the Services are being carried out and for as long as any equipment or materials may pose a risk.
12. Liability and Insurance
The Company will exercise reasonable care and skill in providing the Services. If the Company is found liable for any loss or damage arising from the Services, its liability will be limited to the amount paid or payable by the Customer for the specific Services giving rise to the claim, except where such limitation is not permitted by law.
The Company is not liable for any indirect, consequential, or economic losses, including loss of profit, business, or opportunity, arising out of or in connection with the Contract.
Nothing in these Terms and Conditions limits or excludes the Companys liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited under UK law.
The Customer is responsible for notifying the Company promptly of any damage or issue they believe has been caused by the Services. The Company reserves the right to inspect and, where appropriate, to remedy any damage before the Customer seeks alternative repair or replacement.
13. Delays and Events Beyond Our Control
The Company will not be liable for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by events beyond its reasonable control. Such events may include severe weather, strikes, accidents, illness, transport disruptions, or changes in law or regulations.
Where an event beyond the Companys control occurs, the Company will inform the Customer as soon as reasonably practicable and will take reasonable steps to minimise the impact. The obligations of both parties may be suspended for the duration of the event.
14. Complaints and Dispute Resolution
The Company aims to provide a professional and reliable service. If the Customer is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as possible, providing clear details of their concerns.
The Company will investigate complaints in good faith and seek to resolve them promptly, which may include carrying out reasonable remedial work where appropriate.
If a dispute cannot be resolved directly between the parties, either party may seek advice from a relevant consumer body or pursue their legal rights through the UK courts as set out in these Terms and Conditions.
15. Data Protection and Privacy
The Company will collect and use certain personal data about Customers in order to manage bookings, deliver the Services, and handle payments and communication. The Company will handle such data in accordance with applicable UK data protection laws.
The Customer agrees that their contact details may be used for communication about current and future appointments and for essential service-related notices. The Customer may request that marketing communications be discontinued at any time.
16. Termination of Services
Either party may terminate an ongoing service arrangement by giving reasonable notice, subject to any specific notice periods agreed in writing for regular maintenance contracts.
The Company may terminate the Contract immediately if the Customer fails to pay any amount due, behaves abusively or threatens Company staff, or materially breaches these Terms and Conditions.
17. Amendments to these Terms
The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Customers booking will usually apply to that booking, unless a change is required by law or regulation to take immediate effect.
18. Governing Law and Jurisdiction
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.
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, except where consumer protection legislation allows the Customer to bring proceedings in another jurisdiction within the United Kingdom.
19. Entire Agreement
These Terms and Conditions, together with any written quotation or booking confirmation issued by the Company, constitute the entire agreement between the Company and the Customer in relation to the Services. They supersede any prior discussions, correspondence, or understandings between the parties.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or competent authority, the remaining provisions shall continue in full force and effect.