020 3744 3778Gardeners Mitcham Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Mitcham provides gardening and related services. By making a booking or using any of our services, 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 words have the meanings set out below:
Client means the person, company or organisation requesting or receiving services from Gardeners Mitcham.
Company means Gardeners Mitcham, the gardening service provider operating in Mitcham and surrounding areas.
Services means any gardening, garden maintenance, lawn care, hedge trimming, planting, clearance, or related work carried out by the Company.
Visit means each occasion on which the Company attends the Client's premises to provide Services.
Agreement means the contract formed between the Client and the Company once a booking has been accepted.
2. Scope of Services
The Company offers a range of gardening services, which may include, but are not limited to, lawn mowing, hedge cutting, pruning, weeding, planting, turfing, garden tidy-ups, garden clearance, and seasonal maintenance. The specific Services to be provided for each Client will be agreed during the booking process and confirmed in writing where applicable.
All Services are subject to availability and to suitable access and conditions at the property. The Company reserves the right to decline or discontinue Services where it is unsafe, impractical or not in compliance with relevant regulations.
3. Booking Process
3.1 Initial enquiry
The Client may request a quotation or further information about Services by contacting the Company and providing details of the property location, the required work, and any relevant access or parking information.
3.2 Quotations
Where possible, the Company will provide an estimate based on the information provided by the Client. In some cases, a site visit may be required in order to provide an accurate quotation. Quotations are given in good faith based on the information available at the time and may be subject to adjustment if the nature or extent of the work is materially different when the team arrives on site.
3.3 Acceptance of booking
A booking is confirmed and an Agreement is formed when the Client accepts the quotation or proposal and the Company confirms the booking, whether verbally or in writing. The Client is responsible for ensuring that all details in the booking confirmation are correct and must promptly notify the Company of any errors.
3.4 Regular maintenance schedules
For regular garden maintenance, the Company and Client may agree a recurring schedule of Visits. The frequency, approximate duration, and indicative price will be confirmed as part of the Agreement. The schedule may be adjusted by mutual agreement to reflect seasonal needs, weather conditions, or changes in the Client's requirements.
4. Access and Client Responsibilities
4.1 Access to premises
The Client must ensure that the Company has clear and safe access to the garden and any areas requiring work at the agreed time. This includes providing keys, access codes, instructions for entry, and ensuring that gates and pathways are unlocked and free from obstruction.
4.2 Pets and children
The Client is responsible for keeping pets and children away from the working area during the Visit to ensure safety. The Company cannot be held liable for injury to pets or children where reasonable safety precautions have not been followed.
4.3 Utilities and water
The Client agrees to provide reasonable use of water and electricity where necessary for the performance of the Services. Any specific requirements, such as outdoor power points or water taps, should be discussed during the booking process.
4.4 Condition of garden
The Client must inform the Company of any known hazards in the garden, including uneven ground, hidden obstacles, fragile structures, cables, or pipes. The Company will use reasonable care to avoid damage but cannot be responsible for issues that were not disclosed or visible.
5. Pricing and Payments
5.1 Pricing structure
Services may be charged on an hourly rate, a fixed price for a defined job, or a regular maintenance fee, as agreed at the time of booking. All prices are quoted in pounds sterling unless otherwise stated and may be subject to applicable taxes.
5.2 Payment terms
Unless otherwise agreed in writing, payment is due upon completion of each Visit or, for larger projects, in accordance with staged payment terms set out in the quotation. The Company may require a deposit before commencing certain works, particularly for larger projects or where materials need to be purchased in advance.
5.3 Methods of payment
The Company accepts standard payment methods as communicated during booking or invoicing. The Client is responsible for ensuring that payment is made in full and on time.
5.4 Late payment
If payment is not received by the due date, the Company reserves the right to suspend further Services and to charge interest or reasonable administrative fees for late payment. The Company may also seek to recover any additional costs incurred in collecting overdue amounts.
6. Cancellations and Rescheduling
6.1 Client cancellations
If the Client wishes to cancel or reschedule a Visit, the Client should provide as much notice as reasonably possible. Cancellations or rescheduling with less than 24 hours notice may incur a charge, which will typically be a reasonable proportion of the quoted price or a minimum call-out fee.
6.2 Company cancellations
The Company reserves the right to cancel or reschedule a Visit due to circumstances beyond its control, including severe weather, staff illness, equipment failure, or access issues. In such cases, the Company will notify the Client as soon as reasonably practicable and will seek to arrange an alternative appointment. The Company will not be liable for any indirect loss or inconvenience arising from such cancellations.
6.3 Missed appointments due to access
If the Company attends at the scheduled time but is unable to gain access to the garden or premises, this may be treated as a late cancellation by the Client, and a call-out or cancellation fee may be charged.
7. Weather and Gardening Conditions
Gardening work is affected by weather and seasonal conditions. The Company may determine that certain tasks cannot be carried out safely or effectively in adverse weather, such as heavy rain, strong winds, ice, or extreme temperatures. In such circumstances, the Company may propose alternative tasks for the Visit or reschedule the work for another date.
The Client acknowledges that the success of planting, lawn care, and other horticultural services can be influenced by factors outside the Company's control, including soil conditions, pests, diseases, and weather. While the Company will use reasonable care and skill, it does not guarantee specific results in such matters.
8. Materials, Plants, and Equipment
8.1 Supply of materials
Where the Company supplies materials, plants, turf, or other items, these will be selected with reasonable care and skill to suit the agreed purpose. Any specific preferences or requirements must be communicated clearly by the Client at the time of booking.
8.2 Client-supplied materials
If the Client supplies their own materials or plants, the Company is not responsible for the quality or suitability of those items. The Company may decline to use materials that are unsafe, unsuitable, or likely to cause damage or failure of the work.
8.3 Equipment
The Company will provide the necessary tools and machinery for the Services, unless otherwise agreed. All equipment remains the property of the Company and may not be used by the Client or third parties without the Company's permission.
9. Waste Removal and Environmental Regulations
9.1 Green waste handling
As part of gardening and clearance work, the Company may generate green waste such as grass cuttings, branches, leaves, and plant material. The Client and Company will agree in advance whether waste will be left on site, placed in the Client's compost or garden waste bins, or removed by the Company for disposal.
9.2 Waste removal charges
Where the Client requests that the Company removes green waste from the property, an additional charge may apply to cover transport, disposal fees, and labour. The charge will be explained in the quotation or at the time of booking.
9.3 Compliance with regulations
The Company will handle and dispose of garden waste in accordance with applicable environmental and waste management regulations in the United Kingdom. The Company will not remove items that are classified as hazardous or unsuitable for normal garden waste channels.
9.4 Non-garden waste
The Company is not obliged to remove non-garden waste or household rubbish unless this has been expressly agreed as part of a specific clearance service. Additional charges may apply for such work.
10. Liability and Insurance
10.1 Duty of care
The Company will perform the Services with reasonable care and skill, using competent staff and appropriate equipment. The Company will take reasonable precautions to protect the Client's property while working.
10.2 Limitation of liability
To the fullest extent permitted by law, the Company's liability to the Client for any loss or damage arising from the provision of Services shall be limited to the total amount paid by the Client for the specific Visit or project giving rise to the claim. The Company is not liable for any indirect, consequential, or economic loss, including loss of enjoyment, loss of profit, or loss of use.
10.3 Exclusions
The Company shall not be liable for damage or loss arising from:
Defects, weaknesses, or pre-existing conditions in the Client's property, structures, or surfaces.
Information, instructions, or materials supplied by the Client that are incomplete, inaccurate, or unsuitable.
Events beyond the Company's reasonable control, including severe weather, vandalism, theft, or natural events affecting plants and lawns.
10.4 Personal belongings
The Client is responsible for removing or protecting any personal belongings, garden ornaments, or delicate items in the working area. The Company cannot accept liability for damage to such items that were not reasonably visible or were left in a vulnerable position.
10.5 Insurance
The Company maintains appropriate public liability insurance for the nature and scope of the Services provided. Details of cover may be made available to the Client on request.
11. Complaints and Quality of Service
If the Client is not satisfied with any aspect of the Services, the Client should notify the Company as soon as possible, ideally within 48 hours of the Visit. The Company will investigate the matter and, where appropriate, may offer to rectify the issue, provide a partial refund, or take other reasonable steps to address the concern.
The Client must allow the Company a reasonable opportunity to inspect and, where appropriate, remedy any alleged defects before engaging another contractor or undertaking remedial work themselves. Failure to do so may limit the Company's liability.
12. Health and Safety
The Company will carry out Services in accordance with applicable health and safety legislation and best practice for gardening work. The Client agrees to cooperate with any reasonable health and safety instructions given by the Company during the Visit.
The Company may suspend or modify work if it considers that conditions on site pose a risk to staff, the Client, or third parties. This may include issues such as unsafe access, aggressive animals, or hazardous materials.
13. Privacy and Data Protection
The Company will collect and use personal information about the Client, such as name, address, and contact details, for the purposes of managing bookings, providing Services, and handling payments. The Company will take reasonable steps to keep such information secure and will not share it with third parties except where needed to deliver the Services, comply with legal obligations, or with the Client's consent.
14. Amendments to Terms and Conditions
The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to that particular Agreement. Where the Client has an ongoing maintenance arrangement, the Company will notify the Client of any material changes to the Terms and Conditions that may affect future Visits.
15. Governing Law and Jurisdiction
These Terms and Conditions and any Agreement between the Client and the Company shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in connection with these Terms and Conditions, the Services, or the Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By placing a booking or using the Services of Gardeners Mitcham, the Client confirms that they have read, understood, and agree to these Terms and Conditions.
