Gardeners Brimsdown Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Brimsdown provides gardening and related services to residential and commercial customers. By booking or using any service offered by Gardeners Brimsdown, you agree to be bound by these Terms and Conditions. If you do not agree, you should not proceed with a booking or use our services.

1. Definitions

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

Agreement means the contract between you and Gardeners Brimsdown for the provision of services, comprising these Terms and Conditions and the details confirmed in your booking.

Service or Services means any gardening, grounds maintenance, lawn care, hedge trimming, planting, garden clearance, soft landscaping, or related work agreed between you and Gardeners Brimsdown.

We, Us, Our means Gardeners Brimsdown.

You, Your, Customer means the individual, business, or organisation that makes a booking or uses our services.

Service Address means the property or location where the services are to be carried out, as agreed in your booking.

2. Scope of Services

Gardeners Brimsdown provides a range of gardening, outdoor maintenance, and related services within our usual service area. The specific services, scope of work, frequency, and any special instructions will be agreed at the time of booking and confirmed in writing where applicable.

Any description of services, pricing, or timings provided on our website, promotional material, or verbally is indicative and does not form part of the Agreement until confirmed in your booking.

We reserve the right to refuse or discontinue services if we believe that the work requested is unsafe, unlawful, unsuitable for the site conditions, or beyond the scope of our usual services and expertise.

3. Booking Process

3.1 Making a booking

You may request a booking for services by contacting us and providing clear details of the work required, the Service Address, access arrangements, and your preferred dates and times. We may request photographs or additional information to assess the works required.

A booking is only accepted when we confirm the date, time window, and an outline of the services to be provided. Confirmation may be given in writing or verbally, depending on the nature of the booking.

3.2 Site visits and quotations

For larger or more complex projects, we may carry out a site visit before confirming a quotation. Quotations are based on the information available at the time and on normal site conditions. If, upon arrival to carry out the work, we discover conditions that differ significantly from those described or expected, we may review and revise the quotation or agree an alternative approach.

Unless otherwise stated, quotations are valid for a limited period from the date of issue. If you wish to proceed after that period, we may need to review the quotation.

3.3 Regular maintenance bookings

For ongoing maintenance services, we may agree a schedule of visits such as weekly, fortnightly, or monthly. The specific days and times may vary due to weather, seasonality, and operational requirements. We will use reasonable efforts to maintain consistency, but timings are not guaranteed unless expressly agreed in writing.

4. Access and Customer Responsibilities

You must ensure that we have safe, sufficient access to the Service Address at the agreed time of the appointment. This includes providing correct keys, codes, or permission to access communal areas as necessary.

You are responsible for ensuring that all pets and children are kept safely away from the working area and any machinery or tools during our visit.

You must inform us in advance of any known hazards at the property, such as unstable structures, hidden cables or pipes, contaminated soil, known allergies, or any other relevant risks.

If we are unable to access the Service Address or to carry out the work safely due to access issues or site conditions that you have not disclosed, we may charge a call-out fee or a reasonable proportion of the quoted price to cover our time and costs.

5. Materials, Plants and Equipment

We will supply our own tools and standard equipment required to perform the services unless otherwise agreed. We take reasonable care to ensure that equipment is suitable for the tasks being undertaken.

Where services involve plants, turf, soil, compost, or other living materials, we will take reasonable care to select healthy and appropriate products. However, the success and longevity of plants and lawns depend on factors beyond our control, including weather conditions, pests, diseases, and aftercare by you. Accordingly, we cannot guarantee plant performance or survival beyond any explicit warranty agreed in writing.

Where you supply your own materials, tools, or plants, you do so at your own risk. We are not responsible for the quality, suitability, or condition of items you provide, and any delays or additional work arising from unsuitable materials may be chargeable.

6. Pricing and Payment Terms

6.1 Pricing

Our prices may be quoted as a fixed price for a defined scope of work or as an hourly or daily rate. Prices will be confirmed at the time of booking or in a written quotation. Any additional work requested by you that falls outside the agreed scope may be charged separately.

All prices are quoted in pounds sterling. Any applicable taxes will be stated where relevant.

6.2 Payment methods and timing

Unless otherwise agreed, payment for one-off services is due immediately upon completion of the work. For larger projects, we may require deposits or staged payments, which will be specified in the quotation or booking confirmation.

For regular maintenance services, we may invoice after each visit or on a periodic basis, such as monthly. Details of the payment schedule will be agreed with you in advance.

Payment may be made by commonly accepted methods as notified to you. We reserve the right to change accepted payment methods from time to time.

6.3 Late payment

If payment is not received by the due date, we may charge interest on the overdue amount at a reasonable rate and may suspend further work or visits until payment is brought up to date. You are responsible for all costs reasonably incurred by us in recovering overdue payments, including any debt recovery charges or legal fees.

7. Cancellations and Rescheduling

7.1 Cancellations by you

You may cancel or reschedule a booked visit by giving us reasonable notice. For most standard visits, we request at least 24 hours notice prior to the scheduled start time. For larger projects or services involving special order materials, we may specify a longer notice period in your quotation or booking.

If you cancel with less than the required notice, we may charge a cancellation fee to cover our time, travel, and any costs incurred including materials that cannot reasonably be reused or returned.

7.2 Cancellations by us

We may need to cancel or reschedule services due to adverse weather, staff illness, equipment failure, or other circumstances beyond our reasonable control. Where this occurs, we will notify you as soon as reasonably practicable and arrange an alternative appointment. We are not liable for any loss or inconvenience caused by such cancellations, but you will not be charged for services that are not carried out.

7.3 Weather and seasonal conditions

Certain gardening tasks may not be suitable or safe to carry out in specific weather or seasonal conditions. We reserve the right to adapt, postpone, or replace certain tasks with suitable alternatives when conditions are not appropriate for the planned work.

8. Waste Handling and Legal Compliance

We are committed to handling green waste and general waste responsibly and in accordance with applicable UK waste and environmental regulations.

Where agreed, we can remove green waste such as grass cuttings, branches, and non-invasive plant material arising from our work at the Service Address. Any waste removal service may be subject to an additional charge, which will be set out in your quotation or confirmed at the time of booking.

If waste removal is not included, we will neatly stack or bag green waste on site in an agreed location for your disposal. You are then responsible for disposing of this waste lawfully.

We do not handle or remove hazardous, contaminated, or prohibited waste. If we encounter such waste at the Service Address, we may suspend work until the material is removed and the area is safe.

9. Health and Safety

We follow reasonable health and safety practices when providing our services. Our staff are instructed to use appropriate protective equipment and to operate machinery in a safe manner.

You agree not to interfere with our equipment or work methods and to keep a safe distance from the working area. If at any time we consider that our staff or others are at risk, we may pause or cease work until the risk is addressed.

10. Liability and Limitations

Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.

Subject to the above, our total liability to you for any loss or damage arising out of or in connection with the Agreement, whether in contract, tort, or otherwise, shall not exceed the total price paid or payable by you for the services that gave rise to the claim.

We are not liable for:

Any loss or damage arising from inaccurate, incomplete, or misleading information provided by you.

Any indirect, consequential, or purely economic loss, such as loss of profit, loss of enjoyment, or loss of opportunity.

Normal wear and tear or deterioration of plants, lawns, or materials due to weather, pests, disease, or lack of appropriate aftercare.

Damage to underground cables, pipes, or other services that were not reasonably identifiable or disclosed to us in advance.

You are responsible for promptly inspecting the services provided and notifying us within a reasonable time if you believe there is a defect or issue. We will make reasonable efforts to investigate and, where appropriate, remedy any justified concerns.

11. Complaints and Disputes

If you are dissatisfied with any aspect of our services, you should contact us as soon as possible with details of your concern. We aim to handle complaints fairly and promptly and may request further information or a site visit to assess the issue.

Where we agree that services have not been provided with reasonable care and skill, we may offer a remedy such as re-performing the service, rectifying specific issues, or providing a partial refund, depending on the circumstances.

12. Property Damage

We will take reasonable care to avoid damage to your property while carrying out our services. In the event that damage is caused by our negligence, you must notify us as soon as reasonably practicable and provide evidence of the damage. Our liability will be limited to the reasonable cost of repair or, where repair is not feasible, the reasonable replacement value, subject to the liability limitations in these Terms and Conditions.

13. Force Majeure

We are not liable for any delay or failure to perform our obligations where such delay or failure is due to events beyond our reasonable control. This may include extreme weather, flooding, fire, industrial disputes, acts of government, disruption of utilities, or other circumstances that make it impractical or unsafe to carry out the services.

14. Data Protection and Privacy

We will collect and use personal information about you only to the extent necessary to manage your booking, provide our services, and meet our legal obligations. We will take reasonable steps to keep your information secure and will not sell your details to third parties.

We may use your contact details to provide service updates or information about similar services that may be of interest to you. You may ask us to stop this at any time.

15. Variations to These Terms

We may update or modify these Terms and Conditions from time to time. The version in force at the time of your booking will apply to that Agreement. Any material changes will normally be reflected on our service documentation or otherwise communicated to you where appropriate.

16. 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 or formation, are governed by and construed in accordance with the laws of England and Wales.

You and we agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from or relating to these Terms and Conditions or the services provided.

By proceeding with a booking or using the services of Gardeners Brimsdown, you confirm that you have read, understood, and agree to these Terms and Conditions.