Gardeners Berrylands Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Berrylands provides gardening and related services to residential and commercial customers. By booking or receiving any service, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.

1. Definitions

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

Client means the person, company, or organisation requesting or receiving services from Gardeners Berrylands.

Company means Gardeners Berrylands, the gardening services provider.

Services means any gardening, grounds maintenance, lawn care, hedge cutting, planting, clearance, or related work carried out by the Company.

Site means the garden or premises at which the Services are to be carried out.

Agreement means the contract between the Client and the Company formed under these Terms and Conditions, together with any written quotation or service confirmation issued by the Company.

2. Scope of Services

The Company provides a range of gardening and outdoor maintenance services, which may include but are not limited to lawn mowing, lawn treatments, weeding, pruning, hedge trimming, planting, garden tidy-ups, garden clearance, and seasonal maintenance.

The precise scope of the Services will be agreed with the Client during the booking process, by way of a written quotation, service schedule, or confirmation message. Only the Services specifically described in the quotation or confirmation are included. Any additional work requested by the Client may incur extra charges.

3. Booking Process

3.1 A booking may be made by the Client by contacting the Company using its published contact channels. The Client will be asked to provide details of the Site, the nature of the required work, and preferred dates and times. The Company may request photographs or arrange a site visit to assess the work required before confirming a quotation.

3.2 A booking is not confirmed until the Client has accepted the quotation or service proposal issued by the Company. Acceptance may be given verbally, in writing, or by clear confirmation message, as specified by the Company. Once accepted, a binding Agreement is formed, subject to these Terms and Conditions.

3.3 The Company reserves the right to decline a booking at its absolute discretion, including but not limited to situations where the work falls outside the Companys usual scope, where access is unsafe, or where previous payment issues have occurred.

3.4 For regular maintenance plans, the Company will agree a schedule of visits with the Client. This schedule is indicative only and may be adjusted by the Company to accommodate weather, seasonal conditions, or operational requirements, provided reasonable notice is given where practicable.

4. Access to the Site

4.1 The Client must ensure that adequate access to the Site is available on the agreed date and time of the visit. This includes ensuring that gates are unlocked, access routes are clear, and any necessary security codes or instructions have been provided.

4.2 If the Company arrives at the Site and is unable to gain access or safely carry out the Services due to circumstances within the Clients control, the visit may be treated as a late cancellation and a call-out or cancellation charge may be applied in accordance with these Terms and Conditions.

4.3 The Client must advise the Company of any known hazards or restrictions at the Site, including uneven ground, fragile surfaces, underground utilities, or any other conditions that may affect the safe delivery of the Services.

5. Client Responsibilities

5.1 The Client must provide accurate and complete information about the Site and the required works. If the information provided is materially inaccurate, the Company may vary the quotation or decline to carry out the Services.

5.2 The Client is responsible for removing or securing any personal items, outdoor furniture, toys, pet waste, or other obstacles that may impede the safe and efficient performance of the Services.

5.3 The Client must ensure that children and pets are kept away from the working area and from machinery and tools at all times while the Services are being carried out.

5.4 Where the Services include any treatments, fertilisers, weed control products, or similar materials, the Client must follow any aftercare instructions provided by the Company. The Company will not be liable for any issues arising from the Clients failure to follow such instructions.

6. Pricing, Quotations and Variations

6.1 Unless otherwise stated, all prices are quoted in pounds sterling and may be given as a fixed price for specified work or as an hourly or daily rate with an estimate of total time.

6.2 Quotations issued by the Company are usually valid for a limited period as stated in the quotation. If no period is stated, the quotation will be valid for 30 days from the date of issue, after which prices may be subject to change.

6.3 If, during the performance of the Services, the Company discovers additional work or conditions not reasonably apparent at the time of quotation, the Company may advise the Client and, if necessary, issue a revised quotation or agree an additional charge before proceeding.

6.4 Where Services are charged on a time basis, the Company will use reasonable endeavours to complete the work within any estimated time, but such estimates are not guaranteed and actual charges will be based on the time spent and materials used.

7. Payments and Invoicing

7.1 The Client agrees to pay the Companys charges for the Services in accordance with the agreed quotation or current price list. Payment terms will be stated in the quotation or on the invoice.

7.2 Unless otherwise agreed, payment is due immediately upon completion of the Services or within the period stated on the invoice. The Company may, at its discretion, require a deposit or full payment in advance for certain work.

7.3 The Company accepts payment by commonly used methods as specified on its invoices or by prior arrangement. The Client is responsible for ensuring that payment is made in cleared funds by the due date.

7.4 If the Client fails to pay any amount due by the due date, the Company reserves the right to suspend further Services, to charge interest on overdue sums at a reasonable rate, and to recover any costs of collection.

8. Cancellations, Rescheduling and Missed Appointments

8.1 The Client may cancel or request to reschedule a booking by giving the Company as much notice as reasonably possible. Specific notice requirements or charges may be set out in the quotation or booking confirmation.

8.2 Where the Client cancels or reschedules a visit with short notice, the Company may charge a cancellation fee or call-out charge to cover time lost and costs incurred. As a general guideline, cancellations made less than 24 hours before the scheduled visit are likely to attract a fee.

8.3 If the Company is unable to attend the Site on the agreed date or time due to reasons beyond its reasonable control, such as severe weather, illness, or vehicle breakdown, the Company will inform the Client as soon as reasonably practicable and arrange an alternative date. The Company will not be liable for any loss arising from such rescheduling.

8.4 If the Company attends the Site and cannot gain access or otherwise cannot carry out the work due to circumstances within the Clients control, the visit may be treated as a late cancellation and a corresponding fee may be charged.

9. Garden Waste and Environmental Regulations

9.1 The Company aims to handle garden waste and materials in accordance with applicable waste management and environmental regulations. The specific approach to waste handling will be agreed with the Client as part of the quotation.

9.2 Depending on the nature and volume of waste, the Company may either bag and leave the waste neatly on Site for the Clients disposal, or arrange for removal and lawful disposal, which may incur an additional charge.

9.3 The Client is responsible for informing the Company in advance if there are any restrictions or requirements relating to waste handling at the Site. Where the Client requests that waste be left on Site, the Client is responsible for its subsequent handling and disposal.

9.4 The Company will not remove or dispose of hazardous waste, contaminated soil, or materials that fall outside normal garden waste categories. If such materials are encountered, the Client will be notified and may be required to arrange specialist disposal at their own cost.

10. Use of Chemicals and Treatments

10.1 Where herbicides, fertilisers, pesticides, or other treatments are used, the Company will use products appropriate for the task and in line with manufacturer instructions and relevant regulations.

10.2 The Client agrees to keep children, pets, and other persons away from treated areas for any recommended exclusion period and to follow all safety and aftercare instructions provided.

10.3 The Company cannot guarantee specific outcomes, such as complete eradication of weeds or pests, as these may depend on factors beyond the Companys control, including weather and subsequent care by the Client.

11. Liability and Insurance

11.1 The Company will exercise reasonable skill and care in providing the Services. If the Client is dissatisfied with any aspect of the work, the Client must notify the Company promptly, and in any event within a reasonable time after completion, so that the Company may, at its discretion, investigate and where appropriate rectify the issue.

11.2 The Company holds appropriate public liability insurance for its gardening activities. Details of cover can be provided upon reasonable request.

11.3 The Companys liability to the Client for any loss or damage arising out of or in connection with the Services, whether in contract, tort, or otherwise, shall be limited to the amount paid or payable for the specific Services in question, except to the extent that such limitation is prohibited by law.

11.4 The Company shall not be liable for any indirect or consequential loss, including loss of enjoyment, loss of profit, or loss of opportunity, arising from the provision of the Services.

11.5 The Company shall not be responsible for pre-existing defects, structural issues, or damage to underground services such as pipes, cables, or irrigation systems that were not reasonably apparent or disclosed prior to the work.

12. Damage to Property

12.1 While the Company will take reasonable care to protect the Clients property, gardening work by its nature involves the use of machinery, tools, and materials that may cause minor disturbance to lawns, beds, or surfaces.

12.2 The Client must inform the Company in advance of any hidden features or vulnerable areas, such as shallow pipes, cables, or fragile structures. The Company will not be liable for damage to features that were not reasonably identifiable and not disclosed by the Client.

12.3 If accidental damage is caused by the Companys negligence, the Company will, at its option, repair the damage, arrange for third-party repair, or compensate the Client to a reasonable extent, subject to the overall limitation of liability in these Terms and Conditions.

13. Health and Safety

13.1 The Company is committed to carrying out its Services safely and in accordance with relevant health and safety requirements. The Client agrees to cooperate with any reasonable requests or instructions relating to safety.

13.2 The Company may refuse to carry out or may suspend work if it considers that conditions at the Site are unsafe, including but not limited to severe weather, unsafe structures, aggressive animals, or threatening behaviour.

14. Complaints and Disputes

14.1 If the Client has any concern or complaint about the Services, the Client should contact the Company as soon as possible, providing a clear description of the issue and, where relevant, photographs or other evidence.

14.2 The Company will review the complaint and seek to resolve it fairly, which may include inspecting the Site, offering to rectify work, or discussing an appropriate adjustment. The Client must allow the Company a reasonable opportunity to put matters right before pursuing other remedies.

15. Force Majeure

15.1 The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure is due to circumstances beyond its reasonable control, including severe weather, acts of nature, strikes, transport disruptions, or other events that make performance impracticable.

16. Changes to These Terms

16.1 The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Clients booking will apply to that particular Agreement.

16.2 Updated Terms and Conditions may be made available on request or published through the Companys standard communication channels.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions, and any Agreement between the Client and the Company, are governed by and shall be construed in accordance with the laws of England and Wales.

17.2 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.

18. General Provisions

18.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

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

18.3 The Agreement is between the Client and the Company. No other person shall have any rights to enforce any of its terms.

By making a booking with Gardeners Berrylands or allowing work to commence, the Client confirms that they have read, understood, and agree to these Terms and Conditions.