Gardeners Queensbury Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Queensbury provides gardening and related services to domestic and commercial clients. By booking or receiving any service, 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 definitions apply:

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

Company, we, us, our means Gardeners Queensbury.

Services means any gardening, garden maintenance, landscaping, clearance or related work supplied by the Company to the Client.

Site means the property, premises or outdoor space where the Services are to be carried out.

Agreement means the contract between the Company and the Client incorporating these Terms and Conditions and any written confirmation, quotation or work order.

2. Scope of Services

The Company provides a range of gardening and outdoor services, including but not limited to lawn care, hedge trimming, pruning, planting, garden tidying, garden waste handling in accordance with applicable regulations, and general garden maintenance. Any specific services to be provided will be detailed in the quotation or booking confirmation.

The Company reserves the right to refuse any work which it reasonably considers unsafe, unsuitable for the skills or equipment available, or outside the scope of its normal activities.

3. Booking Process

3.1 Initial enquiry

The Client may request a quotation or make a booking enquiry by contacting the Company and providing accurate information about the Site, the requested Services, access arrangements and any special requirements.

3.2 Quotations

Where appropriate, the Company will provide a quotation, which may be based on an hourly rate, a fixed price, or an estimated price depending on the nature of the work. Quotations are typically valid for a limited period from the date of issue. The applicable period of validity will be communicated with the quotation.

3.3 Acceptance of quotation

A binding Agreement is formed when the Client expressly accepts the quotation in writing, or confirms a booking, or allows the Company to begin work after receiving the quotation. By doing so, the Client confirms that they have read and agree to these Terms and Conditions.

3.4 Recurring services

Where the Client books regular or recurring garden maintenance, the frequency, approximate duration and indicative price per visit will be agreed in advance. Recurring bookings continue until cancelled in accordance with these Terms and Conditions.

3.5 Changes to bookings

The Client must inform the Company as soon as reasonably possible if any details of the booking change, including access restrictions, parking constraints, significant changes to the size or condition of the garden, or additional tasks required. The Company may adjust the price or timings accordingly and will inform the Client of any changes.

4. Access, Parking and Site Conditions

The Client must ensure that the Company has safe and reasonable access to the Site at the agreed time. This includes providing any necessary keys, access codes or instructions, and ensuring that pathways and work areas are clear of unnecessary obstructions.

Where parking is required to carry out the Services, the Client should, where reasonably possible, provide or arrange suitable parking close to the Site. Any parking charges or fines arising from inaccurate instructions or unavailability of agreed parking may be chargeable to the Client.

The Client must notify the Company of any known hazards at the Site, including unstable surfaces, hidden ponds or features, uneven ground, buried utilities, or any other risk that could affect the safe provision of the Services. The Company may carry out a visual risk assessment upon arrival and may decline to carry out work that is unsafe.

5. Client Responsibilities

The Client agrees to:

Provide accurate information about the Site, its condition and the requested Services.

Ensure that all pets, children and other persons are kept away from the work area while Services are being provided.

Secure or remove any valuable, fragile or easily damaged items from areas where work will be undertaken.

Obtain any necessary consents from neighbours, landlords, freeholders or local authorities where required, such as permissions for boundary hedges, tree works or access across adjoining land.

Comply with any reasonable instructions or safety advice given by the Company while Services are carried out.

6. Pricing and Payment Terms

6.1 Pricing basis

Services may be charged on an hourly rate, a per-visit rate, or a fixed project price. Pricing details will be confirmed in the quotation or booking confirmation. All prices are in pounds sterling and are exclusive or inclusive of any applicable taxes only as expressly stated.

6.2 Payment methods

Accepted payment methods will be communicated to the Client during the booking process or on the invoice. The Company does not accept payment in any form not expressly offered or agreed. Cash payments, if accepted, should be made directly to the Company representative and will be receipted where appropriate.

6.3 Payment timing

Unless otherwise agreed in writing, payment is due immediately upon completion of the Services or upon receipt of invoice. For larger projects or where materials need to be purchased in advance, the Company may require a deposit or staged payments. The amount and timing of any deposit or instalments will be communicated before work begins.

6.4 Late payment

If the Client fails to pay any amount due by the payment date, the Company reserves the right to apply reasonable late payment charges and to charge interest on the overdue sum at the maximum rate permitted under applicable law, accruing on a daily basis until payment is received in full.

The Company may suspend ongoing or future Services if any invoice remains unpaid after the due date.

7. Cancellations and Rescheduling

7.1 Client cancellations

The Client may cancel or reschedule a booking by giving the Company reasonable notice. For most routine maintenance visits, at least 24 hours notice prior to the scheduled start time is requested. For larger projects where materials have been purchased or specific preparations made, a longer notice period may apply as communicated at the time of booking.

If the Client cancels with insufficient notice, the Company reserves the right to charge a cancellation fee to cover lost time and any non-refundable costs already incurred, including materials or disposal bookings. The amount of the fee will be reasonable and proportionate to the loss suffered.

7.2 Company cancellations

The Company may need to cancel or reschedule a booking due to severe weather, staff illness, equipment failure, or other circumstances beyond its control. In such cases, the Company will notify the Client as soon as reasonably practicable and will offer an alternative date or time. The Company will not be liable for any loss arising from such cancellations, but any deposits paid for work not carried out will either be refunded or allocated to a rescheduled appointment by agreement.

7.3 Weather conditions

Certain gardening tasks cannot be performed safely or effectively in particular weather conditions, such as heavy rain, snow, ice or high winds. The Company may decide at its discretion to postpone work if conditions are unsuitable, and will inform the Client as soon as possible to agree a new date.

8. Materials, Equipment and Waste Regulations

8.1 Materials and plants

Where the Company supplies materials, plants or products, it will use reasonable care in selecting suitable items for the agreed purpose. Natural variations in plants, turf and other living materials are expected, and the Company does not guarantee exact colour, size or growth outcomes. The ongoing health of plants is affected by factors beyond the Companys control, including weather, soil conditions and Client care.

8.2 Equipment

The Company will provide its own tools and equipment unless otherwise agreed. The Client must not use the Companys equipment without permission. The Company will take reasonable steps to maintain equipment in safe working order.

8.3 Garden waste and disposal

The Company complies with applicable UK regulations regarding the transport and disposal of garden waste. Unless agreed otherwise, the Company will either:

Leave green waste neatly bagged or stacked at the Site for the Client to dispose of via local collection or recycling services, or

Arrange removal and disposal of garden waste as part of the Services for an additional charge, which will be specified in the quotation or agreed in advance.

Where the Client requests waste removal, only garden waste and materials generated by the Companys work will be removed. The Company is not a general waste carrier and will not dispose of household or hazardous waste.

The Client is responsible for ensuring that any retained green waste is stored and disposed of in accordance with local authority rules, for example regarding bonfires or use of green waste bins.

9. Quality of Service and Complaints

The Company aims to deliver a high standard of gardening and customer service. If the Client is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as possible, ideally within 48 hours of completion of the visit or phase of work.

The Company will investigate any complaint promptly and, where appropriate, will take reasonable steps to remedy any shortcomings in the service provided. This may include rectifying work, offering advice, or providing a partial refund where justified.

10. Liability and Limitations

10.1 Duty of care

The Company will exercise reasonable care and skill in providing the Services. However, gardening work may involve inherent risks to plants, lawns and existing features, and certain outcomes cannot be guaranteed.

10.2 Damage to property

The Company will take reasonable care to avoid damage to property while carrying out the Services. The Client must highlight any particularly valuable or fragile items in or near the work area prior to commencement. Except where caused by the Companys negligence, the Company is not responsible for damage to items that should reasonably have been removed or protected by the Client.

10.3 Exclusions of liability

To the fullest extent permitted by law, the Company is not liable for:

Any indirect, consequential or economic loss, including loss of enjoyment, loss of use, or loss of anticipated savings.

Damage or loss arising from inaccurate information provided by the Client, or from the Clients failure to follow advice or aftercare instructions.

Natural events or conditions beyond the Companys control, including extreme weather, pest infestations, disease, or acts of third parties.

10.4 Financial cap

Except in respect of death or personal injury caused by the Companys negligence, or any other liability which cannot lawfully be limited, the Companys total aggregate liability to the Client arising out of or in connection with the Services shall not exceed the total fees paid or payable by the Client for the specific visit or project in question.

11. Insurance

The Company maintains appropriate insurance cover for its gardening operations as required by applicable UK law and industry practice. Details of insurance can be provided to the Client on reasonable request.

12. Health and Safety

The Company will carry out its work with regard to relevant health and safety legislation and good practice for gardening and outdoor work. The Client agrees to cooperate with any health and safety measures implemented by the Company, including temporary exclusion zones around machinery, restrictions on access to certain areas, and keeping people and pets away from work areas.

13. Termination

Either party may terminate an ongoing maintenance Agreement by giving reasonable notice, typically not less than 14 days, unless otherwise agreed. The Client remains liable for payment for all Services carried out up to the effective date of termination.

The Company may terminate the Agreement with immediate effect if the Client persistently fails to pay amounts due, creates unsafe working conditions, is abusive towards staff, or otherwise seriously breaches these Terms and Conditions.

14. Data Protection and Privacy

The Company will collect and use personal information about the Client only to the extent necessary to arrange and provide the Services, manage bookings, issue invoices and meet legal obligations. Personal information will be handled in accordance with applicable UK data protection laws. The Company will not sell personal data to third parties.

15. Variations to Terms

The Company may update these Terms and Conditions from time to time. The version in force at the time of booking will apply to that particular Agreement. The latest version may be supplied to the Client on request.

16. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

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 the provision of the Services.

By placing a booking or allowing work to commence, the Client confirms that they have read, understood and agreed to these Terms and Conditions as the basis for the provision of gardening services by Gardeners Queensbury.