Terms And Conditions
Terms and Conditions for Gardeners Becontree Heath Services
These Terms and Conditions set out the basis on which Gardeners Becontree Heath provides gardening and related services to residential and commercial clients within its service area. By booking any service, you agree to be bound by these Terms and Conditions. If you do not agree, you should not proceed with a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person or organisation ordering services from Gardeners Becontree Heath.
Company means Gardeners Becontree Heath, providing gardening and related services within its operational area in the United Kingdom.
Services means gardening, garden maintenance, lawn care, hedge trimming, planting, clearance, and any other work agreed in writing between the Company and the Client.
Booking means a confirmed request by the Client for the Company to supply Services on a particular date or dates.
Service Area means the locations in which Gardeners Becontree Heath operates from time to time, primarily in and around Becontree Heath and nearby localities.
2. Scope of Services
The Company will provide gardening and related services as agreed with the Client. The specific scope of work, including the nature of the tasks, frequency of visits, and any special requirements, will be agreed verbally or in writing prior to commencement of work.
The Company reserves the right to decline any work which it considers unsafe, unlawful, unsuitable for its expertise, or beyond the practical capabilities of its staff or equipment.
Where estimates of time and materials are given, they are provided in good faith based on the information available at the time. They do not constitute a fixed price unless expressly confirmed as such in writing.
3. Booking Process
All Services are subject to availability and must be booked in advance. Bookings may be made by the Client through the Company’s accepted communication channels as advised from time to time.
When requesting a Booking, the Client must provide accurate details of the property, access arrangements, parking, and the type of gardening work required. The Company may request photographs or conduct a site visit to assess the work before confirming the Booking.
A Booking is considered confirmed only when the Company has accepted the work and provided the Client with a date or schedule for the Services. The Company may, at its discretion, request a deposit or pre-payment to secure a Booking.
The Client is responsible for ensuring that they, or an authorised representative, are available on the agreed date to provide access to the garden and any necessary facilities, unless otherwise agreed.
4. Estimates and Quotes
The Company may provide estimates or quotes for the cost of Services based on the information provided by the Client and any site assessment carried out. Estimates are indicative and may be adjusted if additional work or time is required due to conditions not apparent at the time of quoting.
Fixed-price quotes will be clearly identified as such and will specify the work covered. Any additional tasks requested by the Client that fall outside the quoted scope will be charged separately at the Company’s prevailing rates.
5. Pricing and Payments
All prices are quoted in pounds sterling unless expressly stated otherwise. The Company reserves the right to adjust its rates from time to time. Changes to standard pricing will not affect an already accepted fixed-price quote, but may apply to ongoing or future visits.
Payment terms will be confirmed at the time of Booking. Unless otherwise agreed, payment is due on completion of the Services or in accordance with the invoice terms provided by the Company.
The Company may accept payment by cash, bank transfer, or other methods it specifies from time to time. The Client is responsible for ensuring payments are made in full and on time.
If payment is not received by the due date, the Company reserves the right to charge interest on overdue sums at a reasonable rate and to suspend or cancel further Services until payment is brought up to date.
6. Deposits and Minimum Charges
The Company may require a deposit to secure certain Bookings, particularly for larger projects, garden clearances, or where significant materials must be purchased in advance. Deposits are generally non-refundable if the Client cancels within the timeframes set out in the cancellation clause below.
The Company may apply a minimum call-out charge or minimum job time, which will be communicated to the Client before confirming the Booking.
7. Client Obligations
The Client agrees to:
Ensure the Company’s staff have safe and reasonable access to the garden and any relevant facilities, including outdoor taps and electrical sockets where required.
Provide accurate information about the condition of the garden, including any known hazards such as unstable structures, hidden cables, or aggressive animals.
Keep pets and children away from the work area for the duration of the visit, to ensure safety and to allow the Company to carry out the Services efficiently.
Obtain any necessary consents, permissions, or approvals from neighbours, landlords, or local authorities for the Services to be carried out, particularly for boundary work or changes affecting shared spaces.
8. Cancellations and Rescheduling
The Client may cancel or request to reschedule a Booking by giving reasonable notice to the Company. Unless otherwise agreed, the following will generally apply:
If the Client cancels or reschedules with more than 48 hours notice, any deposit paid may, at the Company’s discretion, be applied to a future Booking or refunded.
If the Client cancels or reschedules with less than 48 hours notice, the Company may retain all or part of any deposit to cover lost time and costs.
If the Company attends the property at the agreed time and is unable to gain access or commence work for reasons within the Client’s control, the Company may charge a call-out fee or a reasonable proportion of the agreed price.
The Company reserves the right to cancel or reschedule a Booking due to adverse weather, staff illness, equipment failure, safety concerns, or other circumstances beyond its reasonable control. In such cases, the Company will seek to offer an alternative date as soon as reasonably practicable.
9. Service Standards and Limitations
The Company will carry out the Services with reasonable skill and care, consistent with professional standards for gardening work in the UK. However, gardening outcomes can be influenced by factors beyond the Company’s control, including weather conditions, soil quality, plant health, and subsequent care by the Client.
The Company does not guarantee specific growth results or the long-term survival of plants, lawns, or trees, unless expressly agreed in writing as part of a separate guarantee scheme.
The Client is responsible for ongoing watering, feeding, and maintenance of plants and lawns after the Company has completed the agreed Services, unless a separate ongoing maintenance contract is in place.
10. Materials and Equipment
Unless otherwise agreed, the Company will supply its own tools and equipment necessary to perform the Services. Any materials such as plants, turf, soil, mulch, or aggregates may be supplied by the Company or, if agreed, by the Client.
Where materials are supplied by the Company, ownership of those materials will usually pass to the Client once they have been delivered to the site and payment in full has been made.
The Company accepts no liability for defects or failures in materials supplied by third parties where those materials were chosen or provided by the Client.
11. Garden Waste and Waste Regulations
The Company will comply with applicable UK waste regulations in relation to the transport and disposal of garden waste. Where garden waste removal is included in the quoted price, the Company will remove and dispose of such waste responsibly.
Where waste removal is not included, the Client will be responsible for the disposal of garden waste using local authority garden waste collections or other lawful means. The Company will make this clear at the time of Booking.
The Company does not handle or remove hazardous waste, including but not limited to asbestos, chemical containers, medical waste, or contaminated soil. If such materials are discovered, the Company may suspend work until the Client has arranged for safe and lawful removal.
12. Damage and Liability
The Company will take reasonable care to avoid damage to property while carrying out the Services. However, the Client must ensure that any valuable, fragile, or easily damaged items are removed from the immediate work area prior to the Company’s visit.
If the Company causes damage to property through negligence, the Company’s liability will be limited to the reasonable cost of repair or replacement of the damaged item, subject to any applicable insurance cover.
The Company will not be liable for:
Any pre-existing damage or defects at the property.
Incidental damage to plants, lawns, or structures that could not reasonably have been avoided while carrying out the agreed Services.
Losses arising from factors outside the Company’s control, including weather, pests, disease, or subsequent misuse or neglect by the Client.
Any indirect, consequential, or economic loss, including loss of enjoyment, loss of use, or loss of profits.
13. Insurance
The Company aims to maintain appropriate public liability insurance in relation to its gardening operations. Details of insurance cover can be made available on request. The Client is responsible for maintaining their own household or property insurance as appropriate.
14. Health and Safety
The Company will operate in accordance with applicable health and safety legislation. The Client agrees to co-operate with reasonable health and safety requests, including keeping pets and children away from machinery and work areas.
The Company may refuse to carry out work it considers unsafe, including tasks at excessive height, work on unstable structures, or work in conditions that risk injury or damage. In such cases, the Company will discuss alternative approaches with the Client where possible.
15. Complaints and Disputes
If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, ideally within 48 hours of the visit. The Company will investigate and, where appropriate, endeavour to rectify reasonable issues or defects.
Any disputes that cannot be resolved informally may be referred to an appropriate alternative dispute resolution scheme if both parties agree, or otherwise dealt with through the courts of England and Wales as set out below.
16. Force Majeure
The Company will not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including extreme weather, natural disasters, strikes, transport disruptions, or governmental restrictions.
17. Variation of Terms
The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Client’s Booking will apply to that Booking. Updated terms may be provided to the Client or made available 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 their subject matter.
19. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court, that provision will be deemed severed from the remaining provisions, which will continue to be valid and enforceable.
20. Entire Agreement
These Terms and Conditions, together with any written quote or service agreement issued by the Company, constitute the entire agreement between the Company and the Client in relation to the Services and supersede any prior discussions, correspondence, or understandings.