Gardeners Emerson Park Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Emerson Park provides gardening and related services to residential and commercial clients. By booking or receiving any services from Gardeners Emerson Park, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

1. Definitions

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

Client means the person, company or organisation ordering services from Gardeners Emerson Park.

Company means Gardeners Emerson Park, the gardening business providing the services.

Services means any gardening, grounds maintenance, landscaping, garden clearance, hedge cutting, lawn care, planting, or related work supplied by the Company to the Client.

Visit means the attendance of the Companys staff or subcontractors at the Clients property for the purpose of providing the Services.

Contract means the agreement between the Client and the Company for the provision of Services, incorporating these Terms and Conditions.

2. Scope of Services

The Company provides routine and one-off gardening services, including but not limited to lawn mowing, hedge trimming, pruning, planting, weeding, garden tidy-ups, soft landscaping and seasonal maintenance. The exact scope of the Services for each Client will be confirmed at the time of booking, either verbally or in writing, and may be accompanied by an estimate or quotation.

The Company reserves the right to decline work that it considers unsafe, outside its expertise, unlawful, or impractical with the equipment and resources available. The Company may also propose alternative solutions where it believes a requested service is unsuitable or may damage plants, soil health or property.

3. Booking Process

3.1 Bookings may be made by the Client through the Companys accepted communication channels, subject to availability. The Client must provide accurate and complete information about the property, access arrangements, parking availability, and the nature of the required work.

3.2 The Company may provide an estimate or quotation based on the information supplied by the Client and, where appropriate, following a site visit. Quotations are generally valid for a limited period as indicated by the Company at the time of issue, after which they may be revised.

3.3 For regular maintenance visits, the Company may agree a recurring schedule. Dates and times are offered in good faith but may be subject to changes due to weather conditions, operational reasons, public holidays or unforeseen circumstances. The Company will use reasonable efforts to notify the Client in advance of any changes.

3.4 A booking is considered accepted and a Contract formed when the Company confirms the booking to the Client and the Client accepts any applicable quotation and terms, including any deposit or prepayment requirements.

4. Access and Client Responsibilities

4.1 The Client must ensure that the Companys staff have safe and reasonable access to the property and to all areas where the Services are to be performed. This includes providing correct keys or access codes where necessary and ensuring that driveways, side passages and gates can be used without obstruction.

4.2 The Client is responsible for informing the Company of any relevant hazards, underground services, delicate structures, protected trees or plants, and any specific restrictions relating to the property. The Company is not liable for damage or delays arising from information that is inaccurate, incomplete or not provided by the Client.

4.3 The Client must ensure that pets and children are kept away from the work area and any equipment or chemicals used. The Company may refuse to proceed with work if it considers the environment unsafe or unsuitable, including where there is excessive animal waste, vermin, or hazardous materials present.

4.4 Where parking is required to carry out the Services, the Client is requested to make suitable arrangements or to inform the Company in advance if such arrangements are not possible. Any parking charges or penalties incurred as a direct result of performing the Services may be added to the Clients invoice.

5. Estimates, Quotations and Pricing

5.1 Estimates and quotations are based on the information available at the time. If, on arrival, the scope of work is materially different or the condition of the garden significantly varies from what was described or previously seen, the Company may revise the estimate or quotation and agree a new price with the Client before proceeding.

5.2 Unless expressly stated otherwise, prices are quoted for labour and standard equipment only. Additional charges may apply for materials, plants, disposal of waste, specialist equipment, or extended travel. Any such charges will be communicated to the Client as clearly as reasonably possible.

5.3 The Company may review and adjust its standard rates periodically. For ongoing maintenance arrangements, the Company will notify the Client of any rate changes, usually in advance of the next scheduled Visit.

6. Payments and Invoicing

6.1 The Client agrees to pay the Company the charges for the Services in accordance with the agreed quotation or pricing structure. Unless otherwise agreed, payment is due upon completion of the Services for one-off visits or in accordance with the billing schedule notified for regular maintenance.

6.2 The Company accepts payment through the methods it makes available from time to time. Cash payments are only accepted where expressly agreed and must be handed directly to a representative of the Company.

6.3 Invoices will be issued electronically or in another form agreed with the Client. Payment terms will be stated on the invoice. If no specific terms are stated, payment is due within 7 calendar days of the invoice date.

6.4 If the Client fails to pay any amount when due, the Company reserves the right to charge reasonable late payment fees and interest in line with applicable law. The Company may also suspend or cancel future Visits until all outstanding amounts have been settled.

6.5 The Client is responsible for any bank charges or fees arising from international or special payment methods where applicable.

7. Cancellations, Rescheduling and Missed Visits

7.1 The Client may cancel or reschedule a Visit by providing reasonable notice to the Company. Unless otherwise agreed, at least 24 hours notice prior to the scheduled Visit is required to avoid cancellation charges.

7.2 If the Client cancels a Visit with less than 24 hours notice, the Company may charge a cancellation fee up to a reasonable proportion of the estimated cost of the Visit, to cover lost time and scheduling costs.

7.3 If the Company arrives at the property and is unable to gain access, or the Visit cannot proceed for reasons within the Clients control, the Company may charge a call-out fee or the full cost of the scheduled Visit, at its discretion.

7.4 The Company may need to cancel or postpone a Visit due to severe weather, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will seek to reschedule the Visit at the earliest convenient opportunity and will not be liable for any consequential loss arising from such changes.

8. Garden Waste and Environmental Regulations

8.1 As part of many gardening services, green waste such as grass clippings, branches and plant material may be generated. The default approach is usually to place waste in the Clients green waste bin, compost area or other suitable location on site, unless agreed otherwise.

8.2 Where the Client requests removal of green waste from the property, an additional charge may apply to cover labour, transport and disposal costs. The Company will comply with applicable waste carriage and disposal regulations when removing waste from site.

8.3 The Client must not ask the Company to dispose of controlled, hazardous or non-garden waste. This includes items such as soil contaminated with chemicals, building rubble, electrical items, plastics, general household refuse or any materials classified as hazardous. The Company reserves the right to refuse to handle such waste.

8.4 The Company seeks to operate in an environmentally responsible manner, including through the responsible use of water, fuel and garden chemicals. The Client agrees to allow the Company to determine appropriate working methods that balance garden care with environmental considerations and legal requirements.

9. Use of Chemicals and Products

9.1 If herbicides, pesticides, fertilisers or other garden products are used, they will be applied in accordance with manufacturers instructions and relevant regulations. The Client will be informed, where appropriate, about any specific safety precautions or exclusion periods.

9.2 The Client must follow any advice or instructions given by the Company in relation to treated areas, including keeping pets and children away for any recommended period. The Company accepts no liability for adverse effects resulting from failure to follow such instructions.

10. Liability and Limitations

10.1 The Company will exercise reasonable care and skill in providing the Services. However, gardening work is subject to natural conditions and variables, and outcomes such as plant growth, flowering and lawn condition cannot be guaranteed.

10.2 The Company is not liable for normal wear and tear to plants, grass, soil or garden structures arising from standard gardening work, nor for pre-existing damage or issues on the property. The Client is responsible for maintaining adequate property insurance.

10.3 The Company will not be liable for any loss or damage arising from inaccurate or incomplete information provided by the Client, from hidden defects or underground services not reasonably apparent, or from events beyond the Companys reasonable control, including extreme weather, pests, disease, or acts of third parties.

10.4 To the fullest extent permitted by law, the Company excludes liability for indirect or consequential losses, including loss of enjoyment, loss of use, loss of profit or loss of opportunity. Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.

10.5 If the Company is found liable for damage to property, the liability will, where lawful, be limited to the reasonable cost of repair or replacement of the damaged item, taking into account age, condition and fair wear and tear.

11. Complaints and Service Issues

11.1 If the Client is dissatisfied with any aspect of the Services, they are encouraged to raise the matter with the Company as soon as possible, ideally within 48 hours of the relevant Visit, so that any issues can be investigated and, where appropriate, remedied.

11.2 The Company will consider all complaints in good faith and may offer to revisit the property, adjust work carried out, or make another form of reasonable resolution, depending on circumstances.

12. Health and Safety

12.1 The Company takes health and safety seriously and expects Clients to support safe working practices. The Company reserves the right to withdraw staff from any situation where there is a risk to health or safety.

12.2 The Client must not ask the Company to undertake work that is unsafe, requires specialist safety equipment not available, or would breach regulations or industry guidance.

13. Data Protection and Privacy

13.1 The Company may collect and store personal information about the Client, such as name, address and contact details, for the purposes of managing bookings, providing Services, invoicing and administration.

13.2 The Company will take reasonable steps to keep such information secure and will not sell personal data to third parties. Information may be shared with staff or subcontractors only as necessary to perform the Services or manage the Client relationship, and with authorities where required by law.

14. Subcontractors

14.1 The Company may, at its discretion, use carefully selected subcontractors to carry out some or all of the Services. The Company will remain responsible for the overall performance of the Contract and will ensure that any subcontractors follow appropriate standards.

15. Termination of Ongoing Services

15.1 For ongoing maintenance arrangements without a fixed term, either party may terminate the Contract by giving reasonable notice, typically at least 14 calendar days, unless otherwise agreed.

15.2 The Company may terminate or suspend the Contract immediately if the Client persistently fails to pay on time, breaches these Terms and Conditions, behaves in an abusive or unreasonable manner towards staff, or creates an unsafe working environment.

15.3 On termination, the Client shall pay for all Services provided up to the termination date and any committed costs that cannot reasonably be avoided.

16. Changes to These Terms and Conditions

16.1 The Company may update these Terms and Conditions from time to time. The latest version will apply to all new or renewed bookings after the date of publication. Where there is an ongoing maintenance arrangement, the Company will use reasonable efforts to inform the Client of any material changes.

17. Governing Law and Jurisdiction

17.1 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.

17.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or relating to these Terms and Conditions or the provision of the Services.

By booking Services with Gardeners Emerson Park, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions.