Gardeners Sutton Terms and Conditions of Service
These Terms and Conditions govern the provision of gardening and related services by Gardeners Sutton to domestic and commercial customers within its service area in the United Kingdom. By making a booking, accepting a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before using our services.
1. Definitions
In these Terms and Conditions the following expressions have the meanings set out below:
Customer means the individual, business, or organisation requesting or receiving services from Gardeners Sutton.
Company means Gardeners Sutton, the gardening service provider.
Services means any gardening, garden maintenance, lawn care, hedge cutting, clearance, planting, seasonal work, or related services offered by the Company.
Appointment means a scheduled date and time agreed between the Customer and the Company for the provision of Services.
Contract means the agreement between the Customer and the Company incorporating these Terms and Conditions and any written quotation or confirmation issued by the Company.
2. Scope of Services
The Company provides gardening and related outdoor services, which may include but are not limited to lawn mowing, lawn care, hedge trimming, pruning, weeding, planting, garden tidy-ups, soft landscaping, and garden clearance. The exact scope of the Services for each job will be set out in a quotation or agreed verbally and confirmed by the Company.
The Company reserves the right to refuse work that is unsafe, unlawful, or beyond the reasonable capability or qualification level of its staff. The Company may make recommendations where specialist contractors or additional permissions are required.
3. Booking Process
Bookings for Services can be made by contacting the Company through its usual communication channels. When requesting a booking, the Customer should provide accurate details of the property, access arrangements, and the nature and scale of the required work.
The Company may offer an estimate based on information provided remotely or may arrange a site visit before issuing a quotation. Any quotation or estimate is based on the information available at the time and may be revised if the work required is materially different from what was initially described or inspected.
A booking is not confirmed until the Customer has accepted the quotation or estimate and the Company has acknowledged the booking and provided an Appointment date or time frame. The Company reserves the right to decline any booking at its discretion.
For certain Services or larger projects, the Company may require a written acceptance of the quotation and a deposit before confirming the booking and reserving the Appointment.
4. Access and Customer Obligations
The Customer must ensure that the Company has safe and reasonable access to the property and to the areas where Services are to be carried out. This includes providing any necessary keys, codes, or access instructions, and ensuring that pets, children, and other occupants are kept away from work areas during the Appointment.
The Customer must notify the Company in advance of any known hazards or restrictions on site, including but not limited to uneven ground, ponds, electrical cables, underground services, fragile structures, or neighbouring property issues.
The Customer is responsible for securing any necessary permissions, consents, or approvals, including landlord consent, planning permissions, or tree preservation order consents where applicable. The Company is not responsible for checking such permissions unless expressly agreed in writing.
5. Pricing, Estimates and Quotations
Prices may be provided as a fixed quotation for a defined scope of work, or as an hourly or daily rate based on time spent on site, plus the cost of materials and waste removal where agreed.
All estimates and quotations are provided in good faith based on the information available at the time. If, during the course of the work, it becomes apparent that additional work is required or that the nature of the work differs significantly from what was originally planned, the Company will inform the Customer and, where possible, provide a revised estimate or quotation. Additional work will only proceed with the Customer’s consent.
Unless otherwise stated, all prices are in pounds sterling and are exclusive of any applicable taxes. The Customer will be informed if any taxes are to be added.
6. Payments and Invoicing
Payment terms will be specified on the invoice or quotation. Unless otherwise agreed, payment for one-off Services is due immediately upon completion of the work, and payment for regular maintenance contracts is due in accordance with the billing schedule agreed with the Customer.
The Company accepts payment by standard UK methods as notified to the Customer. Cash payments may be accepted only where expressly agreed. The Company does not accept responsibility for cash payments made to individuals who are not authorised representatives of the Company.
If a deposit is required, this will be made clear before the booking is confirmed. Deposits are normally non-refundable, except as provided under the cancellation provisions in these Terms and Conditions or where the Company cancels the Contract without cause.
Invoices not paid within the agreed payment period may incur late payment charges and interest in accordance with applicable UK law. The Company also reserves the right to suspend ongoing or future Services until all outstanding invoices have been settled in full.
7. Cancellations and Rescheduling
The Customer may cancel or request to reschedule an Appointment by providing notice to the Company. For standard appointments, the Customer should give at least 24 hours notice. For larger projects or full-day bookings, the Company may require a longer notice period, which will be specified at the time of booking.
If the Customer fails to provide adequate notice of cancellation or rescheduling, the Company reserves the right to charge a cancellation fee, which may be up to a reasonable proportion of the estimated job value or the deposit paid, to cover lost time and costs incurred.
The Company may cancel or reschedule an Appointment where necessary due to adverse weather conditions, staff illness, safety concerns, equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will seek to notify the Customer as soon as practicable and offer an alternative Appointment. The Company will not be liable for any loss arising from such cancellation or rescheduling, but any deposit relating to a cancelled Appointment may be transferred to a new date or refunded at the Company’s discretion.
8. Customer Satisfaction and Service Standards
The Company aims to provide Services with reasonable care and skill and to meet agreed specifications. The Customer should inspect the work on completion and raise any concerns as soon as possible, and in any event within a reasonable time after the Appointment.
If the Customer reasonably believes that the Services have not been carried out in accordance with the Contract, the Customer should notify the Company with details of the issue. The Company may request photos, further information, or an opportunity to revisit the site. Where appropriate, the Company may offer to remedy the issue by redoing part of the work or by another reasonable solution.
9. Waste Handling and Garden Waste Regulations
As part of its gardening and clearance Services, the Company may offer the removal and disposal of garden waste such as grass cuttings, branches, leaves, and plant material. The terms for waste removal, including any additional charges, will be agreed with the Customer before the work starts.
The Company will handle and dispose of garden waste in accordance with relevant UK waste regulations and environmental requirements. This may include transporting waste to approved facilities or arranging lawful reuse or recycling where possible.
Unless waste removal is expressly included in the quotation or agreed in advance, the Customer is responsible for the disposal of any garden waste generated during the Services. The Customer should clarify, before the start of work, whether waste is to be left on site or removed by the Company.
The Company does not normally handle hazardous or controlled waste, including but not limited to asbestos, chemical containers, or contaminated soil. Where such materials are present, the Customer is responsible for arranging lawful disposal by an appropriate specialist contractor.
10. Tools, Equipment and Materials
The Company will provide its own tools and equipment necessary to perform the Services unless otherwise agreed. All tools and equipment remain the property of the Company and must not be used by the Customer or third parties without express permission.
Where materials such as plants, turf, compost, or aggregates are supplied by the Company, they will be sourced from suppliers chosen with reasonable care. Natural materials may vary in appearance and performance, and the Company cannot guarantee precise uniformity or longevity, especially where factors such as soil conditions, weather, and ongoing maintenance are beyond the Company’s control.
11. Health and Safety
The Company will take reasonable steps to operate in a safe manner and in accordance with relevant health and safety legislation. The Customer agrees to co-operate with any reasonable health and safety instructions given by the Company while Services are being carried out on the property.
The Customer must keep children, pets, and other occupants away from machinery, tools, chemicals, and work areas, both during and immediately after the Appointment where any residual risk may remain.
12. Liability and Limitations
The Company will exercise reasonable care and skill in the performance of the Services. However, the Company shall not be liable for:
Any loss or damage arising from inaccurate or incomplete information provided by the Customer.
Damage to hidden or underground installations such as pipes, cables, or irrigation systems not clearly identified or brought to the Company’s attention before the start of work.
Damage to plants, lawns, or garden features resulting from pre-existing conditions, disease, pests, poor soil, extreme weather, or lack of ongoing care after the Services have been completed.
Any indirect or consequential loss, loss of profit, or loss of enjoyment arising from the Services or from delays, cancellations, or rescheduling.
The Company’s total liability under or in connection with the Contract, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the Customer for the specific Services giving rise to the claim, except where liability cannot be limited or excluded under UK law, including liability for death or personal injury caused by negligence or for fraud.
13. Damage to Property
The Customer should notify the Company immediately if any damage is caused to property during the performance of the Services. The Company will investigate and, where appropriate, make good the damage or offer a reasonable contribution towards repair or replacement, taking into account fair wear and tear and any pre-existing condition.
No claim for damage will be accepted if the Customer or a third party has altered, repaired, or attempted to repair the alleged damage before the Company has had a reasonable opportunity to inspect it.
14. Force Majeure
The Company shall not be in breach of the Contract, nor liable for delay in performing or failure to perform any of its obligations, if such delay or failure results from events, circumstances, or causes beyond its reasonable control. These may include extreme weather, flooding, storms, fire, acts of government, labour disputes, or disruption to transport or utilities.
15. Data and Privacy
The Company may collect and store personal information about the Customer, such as name, address, and contact details, for the purpose of providing Services, managing bookings, issuing invoices, and handling queries. The Company will take reasonable steps to keep such information secure and will only use it for legitimate business purposes or as required by law.
16. Variation of Terms
The Company may update these Terms and Conditions from time to time. The version in force at the time of booking will apply to the Contract, unless a change is required by law or by a regulatory authority. Where feasible, material changes will be communicated to regular maintenance Customers in advance.
17. Governing Law and Jurisdiction
These Terms and Conditions, and any Contract between the Customer and the Company, are governed by and shall be construed in accordance with the laws of England and Wales.
Any dispute arising out of or in connection with these Terms and Conditions or the Services provided by the Company shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18. Severability
If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed severed from the remaining provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
19. Entire Agreement
These Terms and Conditions, together with any quotation, invoice, or written variation agreed with the Customer, constitute the entire agreement between the Customer and the Company in relation to the Services and supersede any prior discussions, correspondence, or understandings.
By making a booking or allowing Services to commence, the Customer confirms acceptance of these Terms and Conditions.
