Terms and Conditions for Gardening Services

These Terms and Conditions set out the basis on which gardening and related outdoor maintenance services are provided by Gardeners Southborough (referred to in these terms as “we”, “us”, or “our”) to the customer (referred to as “you” or “the client”). By booking any service, you agree to be bound by these terms, which apply to one-off and recurring work alike. They are designed to give a clear understanding of how appointments are arranged, how payment is handled, what happens if a booking is changed or cancelled, and how responsibility is allocated in relation to site conditions, waste, and legal obligations.

These terms apply to domestic and commercial customers unless a separate written agreement states otherwise. If a specific quotation, service schedule, or written contract contains different provisions, those provisions will take priority only to the extent that they clearly conflict with these terms. Nothing in these terms affects any rights you may have under UK consumer law where those rights cannot lawfully be excluded or limited.

For the avoidance of doubt, references to “garden maintenance”, “gardening services”, or “services” include routine tasks such as lawn care, pruning, hedge work, weeding, clearance, seasonal tidying, planting support, and other agreed outdoor tasks, but do not include professional landscaping design unless expressly agreed in writing.

1. Booking Process

A booking becomes effective only once we have confirmed the requested work, the proposed date or date range, and any relevant scope of service. An enquiry alone does not create an obligation on either party. We may provide an estimate first, followed by a final quotation or confirmed booking, depending on the nature of the work. Gardeners Southborough may request photos, site details, access information, or a brief description of the garden before confirming availability.

When you book, you must ensure that all information supplied is accurate and complete. This includes details about access routes, parking restrictions, water supply, pets, hidden hazards, recent treatment of lawns or beds, and any known restrictions on the use of equipment. If the information provided is incomplete or incorrect, we may revise the booking, amend the price, or decline to carry out the work if it would be unsafe or impractical to proceed.

A booking may be made by telephone, email, online form, or another written method we accept. In all cases, the booking is subject to availability and our confirmation. We reserve the right to refuse a booking where the requested service is outside our operational scope, the site conditions are unsuitable, or the required work would breach health and safety rules, waste rules, or other legal requirements.

Scope of Service and Site Conditions

The scope of the service will be the tasks expressly agreed at the time of booking or as later confirmed in writing. Any task not specifically included is excluded unless we agree to perform it and, where necessary, adjust the price or timeframe. Where a request changes materially after confirmation, we may treat it as a new booking or a variation to the existing one.

You are responsible for ensuring the site is reasonably accessible and safe for the agreed work. This includes moving fragile items, securing pets, and ensuring that service areas can be entered without risk. We may pause or stop work if we discover concealed hazards, unsafe structures, heavy contamination, aggressive animals, unmarked utilities, or other conditions that make completion unsafe. If such circumstances arise, any additional time, labour, or equipment needed may be charged extra.

We may use hand tools, powered tools, mechanical equipment, and vehicles appropriate to the task. You acknowledge that some noise, dust, temporary disturbance, and incidental debris are a normal part of gardening services. While we will take reasonable care to minimise disruption, you accept that outdoor work may affect nearby surfaces, plants, or materials through normal and unavoidable wear associated with garden maintenance.

2. Payments and Charges

Unless otherwise agreed in writing, charges will be based on the quotation, estimate, day rate, hourly rate, or fixed fee notified before work begins. Estimates are given in good faith but may change if the actual condition of the site or the scope of the work differs from what was described. We will aim to inform you as soon as reasonably practicable if the price needs to be revised.

Invoices are payable in accordance with the terms stated on the invoice or booking confirmation. If no specific term is stated, payment is due within seven days of the invoice date for business customers and immediately upon completion for domestic cashless payments, unless we have agreed a different arrangement in writing. We may require a deposit for larger bookings, recurring contracts, or work involving materials, equipment reservation, or specialist scheduling.

Gardeners Southborough may suspend future services where any invoice remains unpaid after the due date. We reserve the right to charge reasonable costs incurred in recovering overdue sums, including lawful administration fees, statutory interest where applicable, and any third-party collection costs permitted by law. You may not withhold payment because of a minor issue that does not materially affect the service outcome, although nothing in these terms prevents you from raising a genuine complaint in good faith.

3. Cancellations, Rescheduling, and Access Failures

Either party may request a change to a booking, but any cancellation or rescheduling must be made within a reasonable time. If you cancel or move a booking with less than 48 hours’ notice, we may charge a cancellation fee to cover reserved labour, travel, and scheduling costs. Where significant materials, specialist equipment, or third-party services have already been committed, you may also be liable for non-recoverable expenses actually incurred.

If we are unable to complete the work because you or anyone acting on your behalf fails to provide access, fails to be present where presence is required, or has not prepared the site as agreed, this may be treated as a late cancellation or failed appointment. In such cases, we may charge a call-out fee or the full agreed price, depending on the circumstances and the time lost. We will always act reasonably when assessing such charges.

We may cancel or postpone a booking where conditions are unsuitable due to severe weather, unsafe ground, equipment breakdown, illness, or other events outside our reasonable control. If we do so, we will try to rearrange the service at the earliest practical opportunity. We are not liable for any indirect losses resulting from a necessary postponement, provided we have acted reasonably and in good faith.

Materials, Plants, and Client Instructions

Where we supply plants, mulch, soil, compost, or other materials, any description provided is intended as a reasonable estimate of type or quantity. Natural products vary, and some variation in size, colour, seasonal appearance, and growth performance is to be expected. Unless we expressly state otherwise, plant establishment and ongoing care remain subject to weather, soil conditions, and maintenance after the work is completed.

You are responsible for ensuring that any special instructions are given clearly and in writing where possible, especially if you require us to avoid certain areas, preserve particular plants, use specific products, or follow a preferred timing. We may refuse instructions that are unsafe, unlawful, or likely to damage property or plant health. If you insist on a method we consider unsuitable, we may decline the task or record the instruction as your responsibility.

4. Liability and Insurance

We will carry out the services with reasonable care and skill. If we are found liable for direct loss or damage caused by our negligence, our responsibility will be limited to repairing the damage, replacing the affected item, or paying reasonable compensation, depending on what is appropriate in the circumstances. We do not exclude liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under UK law.

To the fullest extent permitted by law, we are not liable for losses that are indirect, incidental, or consequential, including loss of profit, loss of enjoyment, loss of opportunity, or loss arising from business interruption. We are also not responsible for pre-existing defects, hidden weaknesses, structural issues, deteriorating fences, cracked paving, faulty irrigation, defective wiring, buried services that were not identified, or any item that fails due to age or inherent condition.

You are responsible for removing or protecting items of value, breakables, ornaments, fixtures, and any vulnerable property that might be affected by outdoor work. If you ask us to move or handle such items, you do so at your own risk unless we have expressly agreed to take special care and the circumstances make such handling reasonable. Any claim for damage must be notified promptly and, where possible, supported by photographs and a clear description of the incident.

We maintain insurance cover appropriate to the nature of our services. However, insurance does not change the allocation of risk set out in these terms. You accept that gardening and outdoor maintenance involve unavoidable risks linked to weather, terrain, tools, and the condition of the site. We are not responsible for deterioration caused by ordinary use, seasonal change, or the natural behaviour of plants and lawns.

Nothing in these terms limits your statutory rights where services are not provided with reasonable care and skill. If a problem arises, you should notify us within a reasonable time so that we can assess the matter and, where appropriate, offer a remedy. This may include a repeat visit, partial refund, or other fair resolution depending on the circumstances.

5. Waste Regulations and Green Waste Handling

All waste removed during the service will be handled in accordance with applicable UK waste legislation and duty of care obligations. This includes green waste such as grass cuttings, branches, hedge clippings, leaves, weeds, soil, and other organic matter, as well as any non-organic debris that is expressly agreed for removal. We will take reasonable steps to separate recyclable, compostable, and general waste where practical.

Unless stated otherwise in the quotation, waste removal is limited to the material generated by the agreed service. We do not accept responsibility for waste that is hazardous, clinical, contaminated, or subject to specialist disposal rules unless this has been expressly agreed in writing and properly priced. If prohibited items are found among the waste, we may leave them in situ, isolate them, or ask you to arrange lawful disposal at your cost.

You must tell us in advance if waste includes treated timber, asbestos-related material, oil, chemicals, syringes, invasive plant material requiring special handling, or any other regulated substance. We may refuse to transport such items without proper arrangements. Where waste transfer notes, consignment details, or other records are legally required, we will comply with our obligations and may ask you to provide information necessary for lawful disposal.

Ownership, Responsibility, and Compliance

Once waste has been lawfully transferred to an authorised carrier or disposal facility, responsibility for that waste passes in accordance with the relevant legal framework. Until that point, you remain responsible for ensuring that the site does not contain hidden hazards or unlawful materials that have not been disclosed. We may charge extra for delays caused by sorting, loading restrictions, contamination, or additional disposal requirements outside the original scope.

If you request that certain waste be left on site for your own use, reuse, or composting, you accept full responsibility for handling and storage from that point onward. We are not responsible for any later nuisance, decay, infestation, or environmental issue arising from such material once it has been left at your direction.

6. Termination and General Provisions

We may end a booking or ongoing service arrangement immediately if you fail to pay, refuse reasonable access, provide unsafe instructions, behave abusively, or otherwise breach these terms in a material way. In such cases, you must pay for all work properly completed and for any committed costs that cannot reasonably be recovered. You may also end an ongoing arrangement by giving reasonable notice, subject to payment for work already carried out and any agreed notice period.

We may update these Terms and Conditions from time to time. The version that applies to a booking will normally be the version in force at the time the booking was confirmed, unless a later version is expressly agreed by both parties. If any part of these terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force to the extent permitted by law.

Failure by either party to enforce a right or remedy immediately does not mean that right or remedy has been waived. Any waiver must be in writing and signed or otherwise clearly confirmed by the party granting it. Headings are for convenience only and do not affect interpretation.

7. Governing Law

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where consumer law provides otherwise or where another forum is required by mandatory legal rules. If you are a consumer resident elsewhere in the UK, nothing in this clause removes any protection given to you by applicable law.

By confirming a booking with Gardeners Southborough, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. These terms are intended to be fair, practical, and legally robust, while reflecting the nature of garden services provided under normal commercial arrangements.