Terms and Conditions for Gardeners Shirley

These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Shirley. They are intended to give customers a clear understanding of how bookings are made, how charges are applied, what responsibilities apply to each party, and how service issues are handled. By requesting or confirming a service, the customer agrees to these terms, which form the agreement between the customer and the service provider. These conditions are written for residential and commercial gardening work and should be read carefully before any appointment is arranged.

For the purposes of this document, references to “we”, “us” and “our” mean the gardening service provider, and references to “you” or “the customer” mean the person requesting the service or the person legally responsible for the property where the work is to be carried out. The term garden services includes routine maintenance, one-off garden clearance, seasonal work, planting, hedge care, lawn care, pruning, and related outdoor tasks agreed in advance. Any work not specifically agreed before the visit may be treated as additional work and may be subject to extra charges.

We aim to provide a professional and reliable gardening service in Shirley, but every job depends on the condition of the site, access, weather, and the scope of work requested. These terms are designed to be fair and transparent so that expectations are clear from the outset. Where a quote, estimate, or service description is provided, it should be treated as part of the overall agreement, together with these Terms and Conditions.

1. Booking Process

Bookings are generally made after the customer has described the required work and provided relevant details about the garden or outdoor area. We may request photographs, approximate measurements, or further information to help assess the job. Any quotation or estimate provided is based on the information available at that time. If the condition of the site is materially different on arrival, we may revise the quote or adjust the work to remain within the agreed scope.

Once a quote is accepted, the booking will be confirmed verbally or in writing, depending on the method used to arrange the service. A confirmed booking means that time has been reserved for the customer and, where relevant, materials or labour have been scheduled. The customer is responsible for ensuring that the property is accessible on the agreed date and that any special instructions are provided in advance. If access is restricted, the appointment may be delayed, shortened, or rescheduled.

The customer must ensure that the area to be worked on is safe and suitable for gardening activity. This includes making us aware of any hidden hazards, such as unstable ground, buried cables, sharp objects, aggressive animals, or contaminated materials. If, during the visit, we identify a hazard that could affect safe completion of the work, we may pause the service until the issue is resolved or withdraw from the job if necessary for safety reasons.

2. Prices and Payments

All prices will be stated in advance wherever possible. We may charge on a fixed-price basis, an hourly rate, or a combination of both depending on the type of gardening work and the condition of the site. Estimates are not binding unless expressly confirmed as a fixed quotation. If the customer requests additional tasks after the booking has been made, these may be billed separately. Materials, specialist disposal charges, and plant purchases may also be charged in addition to labour unless otherwise agreed.

Payment terms will be confirmed at the time of booking or on issue of the invoice. Unless a different arrangement is agreed, payment is due immediately on completion of the work or within the period specified on the invoice. We may accept bank transfer, card payment, cash, or other methods that are made available from time to time. Where a deposit is required for larger projects or pre-ordered materials, the booking may not be secured until the deposit has been received.

If payment is not made by the due date, we reserve the right to charge reasonable recovery costs and any interest permitted by law on overdue sums. Continued non-payment may result in suspension of further services and, where necessary, debt recovery action. Any dispute about an invoice must be raised promptly and in good faith. Disputes do not remove the customer’s obligation to pay any undisputed amount by the original due date.

3. Cancellations and Rescheduling

We understand that plans change. If you need to cancel or rearrange a booking, notice should be given as soon as possible. Where a visit has been scheduled, the amount of notice required may depend on the type and size of the job. For routine bookings, reasonable notice is expected so that we can reallocate time and resources. If insufficient notice is given, a cancellation fee may be charged to cover lost time, travel, or preparation costs.

If we arrive at the property and are unable to proceed because of lack of access, no one present to authorise the work, or a condition that prevents safe completion, the visit may be treated as a late cancellation or aborted appointment. In such cases, a charge may still apply. Where weather conditions make it unsafe or impractical to continue, we may reschedule the work without liability for delay. Weather-related decisions will be made reasonably and with safety in mind.

We also reserve the right to cancel or postpone a booking if circumstances beyond our control prevent attendance, including illness, vehicle failure, severe weather, or supplier issues. If this happens, we will aim to notify the customer as soon as reasonably possible and offer a new date. Our liability in such circumstances is limited to rescheduling the service or refunding any prepaid amount for work not carried out.

4. Scope of Work and Customer Responsibilities

The scope of work is limited to the tasks agreed before the visit. Any changes requested during the appointment may be accepted or declined at our discretion, depending on time, equipment, and site conditions. The customer should remove or protect fragile items, ornaments, furniture, and valuables before the work begins unless we have agreed to handle them as part of the service. We will take reasonable care when working near property features, but the customer remains responsible for securing items that may be affected by normal gardening activity.

The customer is also responsible for ensuring that lawns, borders, pathways, and working areas are accessible. This may include moving vehicles, opening gates, unlocking side access, and providing information about shared spaces or neighbour boundaries. If boundary ownership is unclear, the customer must clarify which areas are to be included. We are not responsible for disputes between neighbours or third parties concerning land ownership, access rights, or overhanging vegetation unless such matters were specifically included in the agreed service.

We may refuse to use chemicals, machinery, or tools in circumstances where doing so would be unsafe, inappropriate, or contrary to legal requirements. If the customer insists on a method that we consider unsuitable, we may decline that aspect of the work without breaching the agreement. Garden maintenance services are carried out with reasonable skill and care, but living plants, lawns, and soil conditions are naturally variable and may respond differently depending on season, weather, and prior treatment.

5. Liability and Limitations

We will use reasonable skill, care, and attention in providing the gardening work agreed. However, we are not liable for ordinary wear and tear, pre-existing defects, hidden faults, or damage caused by circumstances outside our control. This includes damage arising from poor soil structure, diseased plants, weak roots, concealed utilities, unstable paving, or property features that were already in a vulnerable state. Gardening often involves living materials and natural surfaces, and outcomes can vary even when work is carried out properly.

Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be limited. Subject to that, our liability for any loss or damage arising from the service shall be limited to the amount paid, or payable, for the specific work giving rise to the claim. We are not responsible for indirect losses such as loss of profit, loss of enjoyment, or inconvenience, unless the law requires otherwise.

If damage occurs and is reported, we may inspect the issue, request photographs, and take reasonable steps to assess whether the damage was caused by our work. We must be given a reasonable opportunity to investigate before repairs or replacement work is carried out by others, unless urgent action is necessary to prevent further damage. Any claim should be made as soon as possible after the issue is discovered.

6. Waste, Green Waste and Disposal Regulations

Green waste, including grass cuttings, hedge trimmings, leaves, branches, weeds, and similar material, will usually be collected and handled in accordance with the agreed service. Unless otherwise stated, the removal of waste is limited to the materials created by the work being carried out. We do not automatically remove household rubbish, builder’s waste, hazardous waste, or large items unless this has been expressly agreed and legally can be taken.

The customer is responsible for telling us about any waste that may be subject to special handling requirements. This includes asbestos, chemicals, pesticides, oils, paint, contaminated soil, sharps, invasive plant material, and any other regulated substance. If such materials are present or discovered during the work, we may stop the relevant task and require the customer to arrange suitable disposal through lawful channels. We will not knowingly handle waste in a way that breaches environmental or waste management rules.

Waste transfer, storage, and disposal may be carried out by us or by authorised third parties, depending on the nature of the job and the disposal arrangements in place. We may separate green waste from other materials and may charge an additional fee for disposal where necessary. The customer must not ask us to dispose of prohibited items in a way that could create legal risk. All parties should comply with applicable waste duty of care obligations and environmental protection requirements.

7. Weather, Plants and Seasonal Variations

Gardening work is influenced by weather and seasonal conditions. Frost, heavy rain, drought, wind, and prolonged heat can all affect the timing and quality of certain tasks. We will use professional judgement when deciding whether a job can proceed safely and effectively. Some activities, including turf work, pruning, planting, and treatment application, may need to be postponed or adapted to suit the season. Delays caused by weather do not usually amount to a breach of contract where reasonable steps have been taken.

Plant health cannot be guaranteed in all circumstances, particularly where the customer has supplied plants, where the soil is poor, or where external conditions are unsuitable. We will take reasonable care when planting, pruning, and maintaining vegetation, but natural growth patterns, pests, disease, and climate conditions are beyond our full control. Any advice given about maintenance timing or plant care is provided in good faith and reflects general professional practice, not a guarantee of outcome.

Where a service includes hedge cutting, shaping, pruning, or clearance, the exact appearance of the finished work may vary depending on the existing condition of the plants and the time of year. We may recommend postponing certain tasks if they would harm the plant or reduce recovery. The customer accepts that some garden work requires judgment based on conditions on the day rather than a rigid outcome.

8. Complaints and Service Issues

If the customer believes that the service has not been delivered as agreed, the concern should be raised promptly so that the matter can be reviewed. We may ask for photographs, a description of the issue, and any relevant details about the booking. Where appropriate, we may return to inspect the work, carry out a correction, or offer another reasonable remedy. Any remedy will depend on the nature of the issue and whether the complaint is made within a reasonable time.

We are not obliged to correct issues caused by changes made after completion, interference by third parties, misuse, lack of follow-up care, or natural deterioration. Complaints should relate to the specific services agreed and should be based on objective concerns rather than personal preference, unless a particular aesthetic result was expressly agreed in advance. We aim to deal with disputes fairly and in a practical manner.

These Terms and Conditions are intended to be read alongside any quotation, invoice, or written service summary. If any part of the agreement is found to be unlawful or unenforceable, the remaining parts will continue in effect. No failure or delay in enforcing a right under these terms shall be treated as a waiver of that right.

9. Governing Law

These Terms and Conditions, and any dispute or claim arising from or connected with them, shall be governed by and interpreted in accordance with the laws of England and Wales. Both parties agree that the courts of England and Wales will have exclusive jurisdiction, unless the law requires otherwise. This applies to questions relating to contract formation, performance, liability, payment, cancellation, and any other matter arising from the gardening service arrangement.

By booking a service, the customer confirms that they have read, understood, and agreed to these Terms and Conditions. We may update these terms from time to time to reflect legal, operational, or administrative changes. The version in force at the time of booking will apply to that booking unless a later change is expressly agreed by both parties. Keeping this agreement clear and current helps ensure that Shirley gardening services are delivered in a fair and professional way.