Gardeners Morden Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Morden provides gardening and related services to residential and commercial customers in the United Kingdom. By making a booking, accepting a quotation, or allowing our gardeners to commence work, you agree to be bound by these Terms and Conditions.

1. Definitions

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

Customer means the individual or organisation that requests or receives services from Gardeners Morden.

Company means Gardeners Morden, the gardening service provider.

Services means any gardening, garden maintenance, lawn care, soft landscaping, hedge trimming, planting, clearance or related work provided by the Company.

Booking means a confirmed appointment for the provision of Services on a specific date and time.

Contract means the agreement between the Customer and the Company for the provision of Services, incorporating these Terms and Conditions and any written quotation or confirmation.

2. Scope of Services

The Company provides a range of gardening and garden maintenance services, which may include but are not limited to lawn mowing, hedge cutting, pruning, planting, weeding, garden clearance, seasonal tidy-ups and soft landscaping. The specific Services to be provided will be agreed at the time of booking or as stated in any written quotation or confirmation.

The Company will use reasonable skill and care in the provision of the Services and will endeavour to complete the agreed work within the estimated timeframe. However, all time estimates are approximate and may be affected by weather conditions, access issues, and the actual condition of the garden on the day of service.

3. Booking Process

3.1 A booking may be made by the Customer through the Company’s accepted communication channels. A booking is not confirmed until the Customer has received explicit confirmation from the Company.

3.2 The Customer must provide accurate information regarding the property, access arrangements, parking availability, and the nature and size of the garden or outdoor space. The Company reserves the right to revise any earlier estimate or to decline the booking if the information provided is incomplete or inaccurate.

3.3 For larger projects or ongoing maintenance contracts, the Company may provide a written quotation following a site visit. The quotation will normally set out the scope of work, any specific exclusions, and the estimated cost. Acceptance of the quotation by the Customer creates a Contract subject to these Terms and Conditions.

3.4 The Customer is responsible for ensuring that an authorised person is available to grant access to the property at the agreed time. If access is not available, the provisions on failed attendance and cancellation may apply.

4. Pricing and Quotations

4.1 The Company may charge for Services on an hourly rate, a fixed price, or a project basis, as agreed with the Customer. Any prices or rates communicated prior to a site visit are indicative only and may be adjusted once the garden has been inspected.

4.2 Quotations are given on the assumption that the site is in a reasonably maintained condition and that there are no hidden obstructions or hazards. If, on arrival, the garden is in a significantly different condition from that described, or if additional work is required, the Company may revise the quotation or charge for the extra time and materials required, following discussion with the Customer.

4.3 Unless expressly stated otherwise, prices quoted are inclusive of labour and normal use of gardening equipment, but exclusive of the cost of plants, materials, specialist equipment hire, and green waste removal where applicable.

5. Payments

5.1 The Customer agrees to pay for the Services in accordance with the price and payment terms agreed at the time of booking or as stated in the quotation or invoice.

5.2 Payment terms may include payment on completion, partial deposits in advance, or staged payments for longer projects. The specific terms will be communicated to the Customer before the Services commence.

5.3 The Company accepts common forms of cashless payment. The precise methods available at the time of booking will be communicated to the Customer.

5.4 Where payment is not received on the due date, the Company reserves the right to charge reasonable late payment fees and interest, to suspend further Services until payment has been made, and to recover any costs incurred in the collection of overdue amounts.

6. Cancellations, Rescheduling and Failed Attendance

6.1 The Customer may cancel or reschedule a booking by giving the Company adequate notice. Unless otherwise stated in writing, at least 24 hours notice is required for cancellations or changes to standard gardening visits.

6.2 If the Customer cancels or reschedules with less than the required notice, the Company may charge a cancellation fee, which may be up to the full value of the booked visit, to cover the costs of allocated time and resources.

6.3 If the Customer fails to provide access to the property, or if the Company is unable to carry out the work at the appointed time due to circumstances within the Customer’s control, this may be treated as a late cancellation and a fee may be charged.

6.4 The Company reserves the right to cancel or postpone a booking due to adverse weather conditions, safety concerns, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will offer the Customer an alternative appointment. The Company will not be liable for any indirect losses suffered by the Customer as a result of such cancellation or postponement.

7. Customer Obligations and Access

7.1 The Customer shall provide safe and reasonable access to the garden or outdoor space where the Services are to be performed, including access to any relevant side passages, gates, or communal areas.

7.2 The Customer agrees to ensure that the garden is free from unreasonable hazards, such as sharp objects, animal waste, and unsecured items that may interfere with the work. The Company reserves the right to refuse to carry out work in unsafe or unsanitary conditions.

7.3 The Customer is responsible for securing pets and informing the Company of any known allergies, hazards, delicate plants or special requirements in the garden.

7.4 Where access to electricity or water is required for the performance of the Services, the Customer shall make such utilities available at no additional charge.

8. Waste Handling and Disposal

8.1 The Company will aim to leave the working area tidy on completion of the Services. Standard gardening Services may generate green waste such as grass cuttings, leaves, branches, and prunings.

8.2 Unless expressly included in the quotation or booking confirmation, the removal and disposal of green waste is not automatically included. The Customer will be advised in advance if separate charges apply for collection, transport and lawful disposal of garden waste.

8.3 The Company handles and disposes of waste in accordance with applicable UK regulations, including duty of care obligations relating to controlled waste. Where the Company removes waste from the Customer’s property, it will take reasonable steps to ensure disposal through authorised facilities.

8.4 The Customer may choose to retain green waste for composting or other use on site, provided this does not create a hazard or contravene any local regulations. In such cases the Company may cut or stack waste in a designated area agreed with the Customer.

8.5 The Company is not responsible for the disposal of non-garden waste, such as building rubble, household rubbish, or hazardous materials, unless this has been specifically agreed and quoted for in advance in compliance with relevant regulations.

9. Equipment and Materials

9.1 The Company will normally supply its own tools and standard gardening equipment necessary to carry out the Services. The Customer agrees not to misuse or interfere with such equipment.

9.2 Where the Company supplies plants, turf, soil, mulch, fertilisers, or other materials, these will be of a quality suitable for the intended use, subject to natural variation. The Company does not guarantee the future performance of plants or turf, which can be affected by weather, soil conditions, pests, diseases, and aftercare outside the Company’s control.

9.3 If the Customer chooses to supply their own materials or products, the Company accepts no liability for defects or failures arising from those materials, nor for any incompatibility with existing plants or soil.

10. Liability and Insurance

10.1 The Company will use reasonable care and skill in providing the Services and will take reasonable precautions to avoid damage to the Customer’s property.

10.2 The Company holds appropriate public liability insurance for the type of Services it provides. Further details of cover can be made available on request.

10.3 The Company’s liability for any loss or damage arising out of or in connection with the Services shall be limited to the amount paid or payable by the Customer for the specific visit or project during which the incident occurred, except where liability cannot lawfully be limited.

10.4 The Company will not be liable for any indirect or consequential losses, including loss of enjoyment, loss of profit, or loss of opportunity, arising from delays, cancellations, or the performance of the Services.

10.5 The Customer is responsible for removing or securing any fragile items, ornaments, garden furniture, or other valuables prior to the commencement of work. The Company does not accept responsibility for damage to items left in the working area that could reasonably have been removed or protected by the Customer.

10.6 Nothing in these Terms and Conditions limits or excludes the Company’s liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

11. Health and Safety

11.1 The Company will carry out the Services in a manner consistent with relevant health and safety regulations and good industry practice.

11.2 The Customer agrees not to interfere with or obstruct the gardeners while they are working and to keep children and pets at a safe distance from tools, machinery, and work areas.

11.3 The Company reserves the right to cease work immediately if it reasonably considers that continuing would pose a risk to health or safety. In such circumstances, the Customer may still be liable for charges relating to the time already spent on site.

12. Complaints and Service Issues

12.1 If the Customer is dissatisfied with any aspect of the Services, they should contact the Company as soon as reasonably practicable, ideally within 48 hours of completion of the work.

12.2 The Company will review any complaint, may request photographs or a site visit, and will seek to reach a fair resolution, which may include rectification of the work where appropriate and feasible.

12.3 A complaint does not entitle the Customer to withhold payment for undisputed amounts.

13. Changes to Booked Services

13.1 Any material changes to the agreed scope of Services must be agreed between the Customer and the Company in advance of the work being carried out.

13.2 Changes requested by the Customer may affect the price and time required to complete the work. The Company will inform the Customer of any revised costs or timeframes before proceeding.

14. Force Majeure

14.1 The Company shall not be liable for any delay in or failure to perform its obligations where such delay or failure is due to circumstances beyond its reasonable control, including extreme weather, natural disasters, acts of government, strikes, or serious equipment failure.

15. Governing Law and Jurisdiction

15.1 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.

15.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation.

16. General Provisions

16.1 If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining provisions, which shall continue in full force and effect.

16.2 No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that right or remedy.

16.3 The Customer may not assign or transfer any of their rights or obligations under the Contract without the prior written consent of the Company. The Company may assign or subcontract its rights and obligations where this does not materially affect the nature or quality of the Services.

16.4 These Terms and Conditions, together with any quotation or written confirmation provided by the Company, constitute the entire agreement between the parties and supersede any prior representations, agreements, or understandings relating to the Services.

By proceeding with a booking or allowing work to commence, the Customer confirms that they have read, understood, and agree to be bound by these Terms and Conditions.