Gardeners Forestdale Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Forestdale provides gardening and related services to residential and commercial customers. By booking or receiving any service from Gardeners Forestdale, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the individual or organisation purchasing services from Gardeners Forestdale.
Company means Gardeners Forestdale, the gardening service provider.
Services means any gardening, garden maintenance, clearance, lawn care, hedge trimming, planting, soft landscaping, or related work supplied by the Company to the Client.
Site means the garden, outdoor space, or property at which the Services are to be carried out.
Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation or confirmation issued by the Company.
2. Scope of Services
Gardeners Forestdale provides general garden maintenance, lawn mowing and treatment, hedge and shrub trimming, planting, weeding, garden clearance, pruning, seasonal tidy-ups, and other related services as agreed with the Client.
The exact scope of the Services will be confirmed in writing, usually through a quotation, booking confirmation, or agreed schedule of work. Any descriptions, photographs, or examples of previous work are illustrative only and do not form part of the Agreement.
The Company reserves the right to refuse or amend any work which it considers unsafe, impractical, or beyond the agreed scope of the Services. Any variation must be agreed in writing and may result in additional charges.
3. Booking Process
Bookings for Services may be made by the Client through the Company’s accepted communication channels. The Client will be asked to provide details of the property, the required Services, preferred dates, and any particular requirements or access arrangements.
All bookings are subject to availability and acceptance by the Company. A booking is not confirmed until the Client has received written confirmation from the Company outlining the agreed Services, estimated or fixed price, and proposed date or schedule.
For larger projects, garden clearances, or ongoing maintenance plans, the Company may require a site visit before issuing a quotation. Quotations will usually specify whether the price is fixed, estimated, or based on an hourly or daily rate.
The Client is responsible for ensuring that all information provided during the booking process is accurate and complete. Any inaccuracy may result in additional charges, delays, or the need to reschedule the Services.
4. Access and Client Obligations
The Client must ensure that the Company has safe and reasonable access to the Site at the agreed time. This includes providing any necessary keys, codes, or instructions in advance and ensuring that passageways, gates, and working areas are clear and accessible.
The Client must inform the Company of any known hazards, underground services, or particular conditions at the Site, including but not limited to irrigation systems, cables, pipes, ponds, pets, or fragile structures. The Company will not be liable for damage to any concealed or undisclosed services or features.
The Client agrees to keep children, pets, and other persons away from the working area while Services are being carried out, to ensure safety and allow the Company to work efficiently.
Where water or electricity is reasonably required for the performance of the Services, the Client agrees to provide free-of-charge access to such utilities at the Site.
5. Prices and Quotations
Prices for Services will be set out in the Company’s quotation or confirmation. Unless stated otherwise, prices are in pounds sterling and are exclusive of any applicable taxes or statutory charges.
Quotations are based on the information provided by the Client and on the condition of the Site at the time of any inspection. If on arrival the Site conditions differ materially from those described or previously inspected, the Company reserves the right to revise the quotation or charge for additional time and materials.
Where prices are given as estimates, the final charge will reflect the actual time spent and materials used. The Company will use reasonable efforts to keep the Client informed if it appears that the estimate is likely to be exceeded.
6. Payment Terms
Unless otherwise agreed in writing, payment is due on completion of the Services on the day of the visit or in accordance with the payment schedule stated in the quotation or confirmation.
The Company accepts standard forms of payment as notified to the Client. Cash payments, where accepted, must be made directly to an authorised representative of the Company and a receipt will be issued on request.
For larger projects or multi-day work, the Company may require an advance deposit before commencing the Services. Any such deposit requirement will be clearly stated in the quotation or confirmation. Deposits are generally non-refundable once materials have been ordered or work has begun, except as required by law.
If payment is not received by the due date, the Company reserves the right to suspend further Services and to charge interest on the overdue amount at the statutory rate until payment is made in full. The Client shall be liable for all reasonable costs incurred by the Company in recovering overdue sums.
7. Cancellations and Rescheduling
The Client may cancel or reschedule a booking by providing reasonable notice to the Company. Unless otherwise stated, at least 48 hours notice is required for cancellation or rescheduling of standard maintenance visits and at least 5 working days notice for larger projects or clearances.
If the Client cancels or reschedules with less than the required notice, the Company reserves the right to charge a cancellation fee, which may be up to 50 percent of the quoted price for the scheduled visit, to cover lost time and allocated resources.
In the event of persistent short-notice cancellations or missed appointments, the Company may decline future bookings or require full prepayment.
The Company may need to cancel or reschedule a booking due to adverse weather, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases the Company will notify the Client as soon as practicable and offer an alternative date. The Company will not be liable for any loss arising from such cancellations or delays, but any advance payments for Services not yet provided will either be applied to the rescheduled visit or refunded.
8. Weather and Working Conditions
Gardening Services are affected by weather and seasonal conditions. The Company reserves the right to postpone or modify work where weather conditions render the Site unsafe, make the Services impracticable, or risk damage to the garden or equipment.
The Company will use professional judgment to decide whether Services can proceed and may adjust the scope of work on the day to suit conditions, for example by carrying out alternative tasks if mowing or certain treatments are unsuitable.
9. Materials, Plants, and Products
Where the Company supplies materials, plants, or products as part of the Services, these will be of satisfactory quality and suitable for the intended purpose as described. Specific varieties, sizes, or brands are subject to availability and may be substituted with equivalent items if reasonably required.
Once supplied and planted, the ongoing health and performance of plants depend on factors outside the Company’s control, including weather, soil, pests, diseases, and Client aftercare. While the Company will use reasonable skill and care, no guarantee can be given that any plant will thrive or survive.
Ownership of any materials or products supplied by the Company passes to the Client on receipt of full payment for the relevant Services.
10. Waste Removal and Green Waste Regulations
Gardeners Forestdale will handle garden waste in accordance with applicable waste and environmental regulations. By default, the Company will either bag or stack green waste neatly at the Site for the Client’s use or disposal, unless the quotation expressly includes waste removal.
Where waste removal is included or requested, an additional charge may apply to cover transport, disposal fees, and the Company’s time. This will be stated in the quotation or agreed with the Client before work begins.
The Company will not remove hazardous waste, contaminated soil, asbestos, chemicals, or any items classified as controlled waste. The Client is responsible for arranging appropriate specialist disposal where required.
The Client must not request or permit the Company to dispose of waste in any unlawful manner. The Company will refuse any request that would breach waste or environmental regulations.
11. Health and Safety
The Company is committed to carrying out Services in a safe and responsible manner. All work will be undertaken in accordance with applicable health and safety requirements.
The Client agrees not to interfere with the Company’s equipment or instructions while Services are underway. The Client must ensure that the working area is free from hazards so far as reasonably possible and must promptly draw attention to any risks on Site.
12. Liability and Insurance
The Company will exercise reasonable skill and care in providing the Services. If the Client is dissatisfied with any aspect of the work, they must notify the Company within a reasonable time so that any issues can be investigated and, where appropriate, remedied.
The Company carries appropriate insurance for its operations. Liability for any loss or damage arising from the Services shall be limited, to the fullest extent permitted by law, to the amount paid or payable by the Client for the relevant Services.
The Company shall not be liable for any indirect or consequential loss, loss of profit, or loss of opportunity arising out of or in connection with the Services. The Company is not responsible for pre-existing defects, structural weaknesses, infestation, or disease present at the Site, or for damage resulting from such conditions.
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited.
13. Damage to Property
The Company will take reasonable care to avoid damage to the Client’s property. The Client must inform the Company of any particularly sensitive areas, fragile items, or underground services before work begins.
Minor cosmetic damage that is reasonably incidental to gardening work, such as scuffs to lawn edges or minor marks on hard surfaces, will not normally give rise to liability. Any significant damage caused directly by the Company’s negligence will, where practicable, be repaired or compensated for up to the value of the damage and subject to the overall limitation of liability.
14. Complaints and Dispute Resolution
If the Client has any concerns about the Services provided, they should contact the Company as soon as possible, providing details of the issue and any relevant evidence. The Company will investigate complaints promptly and seek to reach a fair resolution, which may include rectifying work or offering an appropriate reduction where justified.
Both parties agree to act in good faith and attempt to resolve any disputes informally before considering formal legal action.
15. Data Protection and Privacy
The Company will collect and use personal information about the Client, such as name, address, and contact details, only as necessary to manage bookings, provide Services, and administer the business relationship.
Client information will be stored securely and will not be sold or disclosed to third parties except where required by law or where reasonably necessary for the performance of the Services, for example to subcontractors assisting with the work.
16. Subcontracting
The Company may, at its discretion, use suitably qualified subcontractors to carry out part or all of the Services. The Company remains responsible for ensuring that Services are provided in accordance with this Agreement.
17. Amendments to Terms
The Company may update these Terms and Conditions from time to time. The version in force at the date of the Client’s booking will apply to that Agreement. Any material changes will be made available to Clients on request.
18. 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 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 Services provided by Gardeners Forestdale.
19. 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 modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
20. Entire Agreement
These Terms and Conditions, together with any quotation or confirmation issued by the Company, constitute the entire Agreement between the Client and Gardeners Forestdale in relation to the Services. No other terms, whether oral or written, form part of this Agreement unless expressly agreed in writing by the Company.
By proceeding with a booking or allowing the Services to commence, the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.