Gardeners Petersham Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Petersham provides gardening and related services to residential and commercial customers in the United Kingdom. By booking or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not proceed with a booking.

1. Definitions

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

Customer means the person, company, or organisation that requests or pays for the services.

Services means gardening, lawn care, planting, pruning, garden maintenance, clearance, and any related work provided by Gardeners Petersham.

Agreement means the contract between Gardeners Petersham and the Customer, comprising these Terms and Conditions and any written or verbal quotation or confirmation issued by Gardeners Petersham.

Site means the property or outdoor area where the Services are to be performed.

2. Scope of Services

Gardeners Petersham provides general garden maintenance, lawn care, hedge trimming, planting, pruning, garden clearance, and other related gardening services as agreed with the Customer. The specific scope of work, frequency of visits, and any special requirements will be set out in a quotation or booking confirmation.

Any additional tasks requested by the Customer that fall outside the original scope of work may be treated as a variation and may result in additional charges at our prevailing rates. We reserve the right to decline any request that falls outside our usual capabilities or that we consider unsafe or unsuitable.

3. Booking Process

Bookings may be made by the Customer by contacting Gardeners Petersham and providing details of the property, the required Services, and preferred dates and times. All bookings are subject to availability and confirmation by Gardeners Petersham.

Before accepting a booking, we may request photographs, a description of the garden, or a site visit to assess the condition of the garden and clarify the required work. Any quotation issued will be based on the information available at the time and may be revised if the actual conditions differ significantly.

A booking is only confirmed when we have expressly accepted it and provided a booking confirmation. Gardeners Petersham reserves the right to refuse or cancel a booking at its discretion, including where the requested work is unsafe, impractical, or not commercially viable.

4. Quotations and Pricing

Quotations may be provided as a fixed price for a specified job or as an hourly or daily rate, depending on the nature of the work. Unless stated otherwise, quotations are valid for 30 days from the date of issue and may be subject to change if the scope of work is altered or if there are significant changes in material costs.

Where work is charged by time, the Customer will be billed for the time spent on Site, rounded up to the nearest reasonable unit as specified at the time of booking. Travel time or parking costs may be charged separately where agreed.

Any pricing information provided before a full assessment of the garden is indicative only and is not binding until confirmed in writing or as part of the booking confirmation.

5. Access to the Property

The Customer must ensure that Gardeners Petersham has safe and reasonable access to the Site at the agreed dates and times. This includes access through any gates, common areas, and side entrances, as well as safe access to external water supplies and, where applicable, electrical points.

If we are unable to gain access to the Site or if the Site is not in a safe condition for work to commence, we may charge a call-out fee or a proportion of the agreed price to cover our time and travel costs.

The Customer is responsible for securing any pets and for informing us of any specific access arrangements, alarms, entry codes, or restrictions in advance of the scheduled visit.

6. Customer Obligations

The Customer agrees to provide accurate information about the Site and any particular risks, hazards, or restrictions relevant to the Services, such as uneven ground, fragile surfaces, underground cables, or irrigation systems.

The Customer must ensure that the Site is reasonably free from obstructions, such as garden furniture, toys, or other items that may impede the performance of the Services. If the gardener needs to move such items, this may reduce the time available for gardening work within the booked period.

The Customer must comply with all applicable laws and regulations in relation to the Site and must not instruct Gardeners Petersham to carry out any work that would be unlawful or unsafe.

7. Materials, Equipment, and Waste

Gardeners Petersham will normally provide the tools and standard equipment necessary to carry out the Services. In some cases, we may agree to use equipment supplied by the Customer, provided it is safe and suitable; however, we accept no liability for faults or failures arising from Customer-supplied equipment.

Where materials such as plants, compost, turf, aggregates, or timber are required, these may be supplied by Gardeners Petersham at an agreed cost or provided by the Customer following prior discussion. Title to materials supplied by Gardeners Petersham will not pass to the Customer until payment is received in full.

8. Garden Waste and Environmental Regulations

Gardeners Petersham will comply with applicable waste and environmental regulations in respect of the handling, transport, and disposal of green waste and other materials generated in the course of the Services.

Unless explicitly included within the quotation or booking confirmation, the removal of garden waste is not automatically included in the price. If waste removal is requested, an additional charge may apply based on volume, weight, and disposal costs. Where practical, we may recommend that green waste is recycled on Site, for example through composting, at the Customer's discretion.

The Customer is responsible for ensuring that any waste retained on Site is stored and disposed of in compliance with local regulations. Gardeners Petersham will not be responsible for any penalties, fines, or enforcement actions arising from waste that the Customer chooses to store or dispose of independently.

9. Payments and Invoicing

Payment terms will be specified at the time of booking or in the quotation. Unless otherwise agreed, payment is due on completion of the Services for one-off jobs, and in advance or on a regular agreed schedule for ongoing maintenance contracts.

We may issue invoices electronically or in written form. The Customer is responsible for ensuring that invoice details are correct and for notifying us promptly of any queries. Failure to raise queries within a reasonable period may be treated as acceptance of the invoice.

If payment is not received by the due date, Gardeners Petersham may suspend further services, charge interest on overdue amounts at the maximum rate permitted by law, and recover any reasonable costs incurred in pursuing late payments, including collection or legal fees.

10. Cancellations, Rescheduling, and No-Shows

The Customer may cancel or reschedule a booking by giving us reasonable prior notice. Unless otherwise stated in the booking confirmation, at least 24 hours notice is required for standard maintenance visits, and at least 48 hours notice is required for larger projects or full-day bookings.

If adequate notice is not given, Gardeners Petersham reserves the right to charge a cancellation fee, which may be a fixed amount or a percentage of the quoted price, to cover time and costs incurred, including any materials purchased specifically for the job.

In the event that we need to cancel or reschedule a booking, for example due to severe weather, staff illness, or other circumstances beyond our control, we will endeavour to provide as much notice as reasonably possible and offer an alternative appointment. Gardeners Petersham will not be liable for any indirect loss or costs arising from such changes.

11. Weather and Safety Conditions

Gardening work is dependent on suitable weather and ground conditions. If, in our professional judgment, weather conditions make it unsafe or impractical to carry out the Services, we may suspend or reschedule the work. This includes, but is not limited to, heavy rain, storms, high winds, extreme temperatures, and waterlogged or frozen ground.

We reserve the right to refuse to perform any task that we consider unsafe, likely to cause damage to property, or inconsistent with good horticultural practice. This may include working at excessive heights without suitable equipment, operating power tools in hazardous conditions, or carrying out work that may seriously harm plants or trees.

12. Liability and Insurance

Gardeners Petersham will exercise reasonable skill and care in providing the Services and will take appropriate precautions to protect the Customer's property. We maintain appropriate public liability insurance for our activities.

Our liability to the Customer for any loss, damage, or expense arising out of or in connection with the Services is limited, to the maximum extent permitted by law, to the amount paid or payable by the Customer for the relevant Services. We will not be liable for any loss of profits, loss of enjoyment, loss of opportunity, or any indirect or consequential losses.

We are not responsible for pre-existing defects, weaknesses, or conditions in the Customer's property, garden structures, walls, fences, paving, or plants, nor for any damage arising from such pre-existing issues. We are also not liable for damage caused by pests, diseases, extreme weather, acts of vandalism, or other events beyond our reasonable control.

13. Plant and Lawn Performance

Gardeners Petersham will use reasonable care in selecting and planting materials and in providing lawn and plant care services. However, the ongoing health of plants and lawns depends on factors beyond our control, including soil conditions, watering, maintenance by the Customer, pests, diseases, and weather.

Accordingly, we do not guarantee the long-term survival or performance of plants, turf, or seeds once the initial Services are complete, unless a specific written guarantee has been provided that sets out the terms and limitations of any such assurance.

14. Complaints and Dispute Resolution

If the Customer is dissatisfied with any aspect of the Services, they should notify Gardeners Petersham as soon as possible, ideally within 48 hours of completion of the relevant work. We will investigate the issue and, where appropriate, offer to remedy any reasonable shortcomings in the Services.

Both parties agree to make reasonable efforts to resolve any disputes amicably and in good faith. If a dispute cannot be resolved directly, either party may consider using an appropriate mediation or alternative dispute resolution service before pursuing legal action.

15. Changes to Terms and Conditions

Gardeners Petersham may update or amend these Terms and Conditions from time to time to reflect changes in the law, best practice, or our service offerings. The latest version will apply to new bookings from the date of publication. For ongoing contracts, we will provide notice of any material changes and, where required by law, seek the Customer's consent.

16. Data Protection and Privacy

We will process any personal information provided by the Customer in accordance with applicable data protection laws in the United Kingdom. Personal data will be used only for the purposes of managing bookings, providing Services, taking payment, and communicating with the Customer about our services, except where further use is required or permitted by law.

The Customer is responsible for ensuring that any personal data they provide, including contact details and property information, is accurate and up to date.

17. Governing Law and Jurisdiction

These Terms and Conditions, and any non-contractual obligations arising out of or in connection with them, are governed by and shall be construed in accordance with the laws of England and Wales.

The parties agree that the courts of England and Wales will have exclusive jurisdiction to hear and determine any disputes or claims arising out of or in connection with these Terms and Conditions or the Services provided by Gardeners Petersham.

18. General Provisions

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or competent authority, the remaining provisions will remain in full force and effect. Failure by Gardeners Petersham to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy.

These Terms and Conditions constitute the entire agreement between Gardeners Petersham and the Customer in relation to the Services and supersede any previous understandings, representations, or agreements, whether written or oral, relating to the same subject matter.