Gardeners Oakleigh Park Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Oakleigh Park to residential and commercial customers. By making a booking, accepting a quotation, or allowing our gardeners or contractors to commence work at your premises, you agree to be bound by these Terms and Conditions.

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 Oakleigh Park.

We, Us, Our means Gardeners Oakleigh Park and any gardeners, subcontractors, or agents engaged to carry out work on our behalf.

Services means any gardening, grounds maintenance, landscaping, clearance, or related work provided by us.

Site or Premises means the garden, grounds, or property where the services are to be performed.

Terms means these Service Terms and Conditions, as amended from time to time.

2. Scope of Services

We provide a range of gardening and grounds maintenance services, which may include lawn care, planting, pruning, hedge cutting, weeding, garden tidy-ups, regular maintenance visits, landscaping works, and green waste handling in accordance with applicable regulations.

The specific services to be provided will be agreed with you at the time of booking or as confirmed in our written quotation or confirmation of services. Any variation must be agreed in advance and may result in an adjustment to the price and schedule.

3. Booking Process

3.1 You may request services by contacting us and providing details of the work required, the site address, preferred dates, and any access information or restrictions.

3.2 We may offer an estimate or quotation based on your description, photos, or a site visit where necessary. In some cases, final pricing can only be confirmed on arrival once we have assessed the actual condition and size of the garden or grounds.

3.3 A booking is considered provisional until we confirm acceptance of the job, either verbally or in writing. We reserve the right to decline any booking request at our discretion.

3.4 For larger projects or ongoing contracts, we may issue a written quotation or service agreement setting out the scope of work, schedule, and pricing. Acceptance of that quotation or agreement by you will form a binding contract subject to these Terms.

4. Access and Client Responsibilities

4.1 You are responsible for providing safe and adequate access to the site at the agreed date and time. This includes ensuring gates are unlocked, parking or loading space is available where reasonably possible, and any security arrangements are communicated in advance.

4.2 You agree to inform us of any hazards or risks at the site, including uneven ground, hidden cables or pipes, unstable structures, or any substances that may pose a health and safety risk.

4.3 Pets and children must be kept away from the working area while services are being delivered. You should also inform us if there are any specific requirements relating to pets or boundaries with neighbouring properties.

4.4 If we are unable to access the site, or if it is unsafe for us to proceed with the services, we may cancel or postpone the visit and reserve the right to charge a call-out or cancellation fee in accordance with these Terms.

5. Pricing, Estimates, and Quotations

5.1 Unless expressly stated otherwise, pricing is given either as an hourly rate or a fixed price for the specified work. Any additional tasks not agreed in advance may incur further charges.

5.2 Estimates are provided as a guide only and may be revised if the work required materially differs from the description, if access is more difficult than anticipated, or if site conditions have changed.

5.3 Written quotations are usually valid for a specified period. If no validity period is indicated, a quotation will generally be valid for 30 days from the date of issue, after which we may review and update it.

5.4 Prices may be subject to reasonable adjustments for changes in taxes, disposal fees, or other external costs beyond our control. We will notify you of any such changes where possible prior to commencing or continuing the services.

6. Payments and Invoicing

6.1 Payment terms will be confirmed at the time of booking or within our quotation or invoice. We may require payment in advance or a deposit for certain types of work, including landscaping projects or large-scale clearances.

6.2 Unless otherwise agreed, payment is due immediately upon completion of the services or on receipt of invoice. For regular maintenance contracts, invoices may be issued on a weekly, fortnightly, or monthly basis.

6.3 We accept commonly used payment methods as advised at the time of booking or as described on our invoices. You are responsible for ensuring that payment is made in full and on time.

6.4 If payment is not received by the due date, we reserve the right to charge interest on overdue amounts at a reasonable rate and to suspend or terminate further services until all outstanding sums are paid.

6.5 You are responsible for any bank charges or fees associated with your chosen method of payment. We may also recover from you any reasonable costs incurred in pursuing unpaid invoices, including collection agency fees where applicable.

7. Cancellations and Rescheduling

7.1 If you wish to cancel or reschedule a booking, you must notify us as soon as reasonably possible. For standard visits, we typically require at least 24 hours notice during working days.

7.2 If you cancel with less than the required notice, or if we attend the site and are unable to gain access or proceed for reasons within your control, we may charge a cancellation fee or a minimum call-out charge to cover our costs.

7.3 For larger projects, landscaping works, or jobs requiring special materials, a longer notice period may apply. If you cancel after we have purchased materials or incurred other specific costs, we reserve the right to charge for those costs in full.

7.4 We may cancel or reschedule a booking due to adverse weather, staff illness, equipment failure, or other circumstances beyond our reasonable control. In such cases, we will endeavour to give you as much notice as practicable and offer a suitable alternative date. We will not be liable for any consequential losses arising from such cancellations.

8. Service Standards and Complaints

8.1 We aim to provide services with reasonable care and skill and in accordance with generally accepted standards for gardening and grounds maintenance.

8.2 If you are dissatisfied with any aspect of our services, you must notify us promptly, preferably within 48 hours of completion of the relevant work, so that we have an opportunity to investigate and, where appropriate, to remedy the issue.

8.3 Our obligation will generally be limited to re-performing the relevant part of the services or offering a fair and reasonable adjustment to the charges, at our discretion and subject to the circumstances of the case.

9. Client Materials and Property

9.1 You must inform us in advance if there are any plants, trees, structures, ornaments, or features that must not be cut, moved, or disturbed, or which may require special care.

9.2 While we take reasonable care when working on your premises, gardening and grounds work inevitably involve the movement of tools, equipment, and waste, and some minor disturbance to soil, surfaces, or borders may occur.

9.3 You should remove or clearly mark any valuable or fragile items in the working area. We will not be liable for damage to items that we could not reasonably have identified as fragile or valuable, or which were left in an inappropriate location.

10. Waste Handling and Environmental Regulations

10.1 Garden waste generated as a direct result of our services may be handled in one of the following ways as agreed in advance: left on site in a suitable location designated by you, placed in your own garden waste container where permissible, or removed from site by us for disposal or recycling in line with applicable regulations.

10.2 Where we remove garden waste, an additional charge may apply based on volume, weight, and disposal fees. These charges will be explained to you prior to, or at the time of, booking where reasonably possible.

10.3 We do not remove hazardous waste, controlled substances, or items classified as commercial or construction waste unless expressly agreed and appropriately licensed. You are responsible for informing us of any such materials at the site.

10.4 We will seek to comply with all relevant waste and environmental regulations applicable in the jurisdiction where the services are provided. You agree not to request or require us to dispose of waste in an unlawful or inappropriate manner.

11. Health, Safety, and Use of Chemicals

11.1 We follow reasonable health and safety practices when delivering our services. However, gardening work inherently involves tools, machinery, and manual handling. You must ensure that our working area is kept clear of unnecessary persons and obstacles.

11.2 Where we use fertilisers, weed control products, or other treatments, we will do so in line with manufacturers instructions and applicable regulations. You should keep children and pets away from treated areas for the period we advise.

11.3 If you have particular concerns about allergies, environmental impact, or chemical use, you should discuss this with us before work commences so that we can consider alternative methods where feasible.

12. Liability and Limitations

12.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot lawfully be limited or excluded.

12.2 Subject to the above, our total liability to you in respect of all losses arising under or in connection with the services provided, whether in contract, tort, or otherwise, shall not exceed the total amount paid or payable by you for the specific services giving rise to the claim.

12.3 We shall not be liable for any indirect or consequential losses, including loss of profit, loss of enjoyment, or loss of opportunity, arising out of or in connection with our services.

12.4 We are not responsible for pre-existing damage or defects at the site, for damage arising from instructions given by you or from your failure to provide accurate information, or for issues caused by pests, diseases, weather conditions, acts of third parties, or other events beyond our reasonable control.

13. Insurance

13.1 We aim to maintain appropriate insurance cover for public liability and, where applicable, employers liability, in relation to the services we provide.

13.2 You are responsible for maintaining adequate insurance cover for your own property, including buildings, fixtures, and contents, and for notifying your insurer where any works may be relevant to your policy.

14. Force Majeure

14.1 We shall not be in breach of these Terms or liable for delay in performing, or failure to perform, any of our obligations if such delay or failure results from events, circumstances, or causes beyond our reasonable control.

14.2 Such events may include extreme weather, acts of government or public authorities, strikes, epidemics, equipment breakdowns not due to our negligence, or interruption to utilities or transport.

15. Termination of Ongoing Services

15.1 Either party may terminate an ongoing maintenance arrangement or recurring service by giving reasonable written or verbal notice, typically not less than 14 days, unless a different notice period is agreed within the specific service agreement.

15.2 We may terminate the services with immediate effect if you fail to pay sums due, repeatedly cancel visits without adequate notice, or act in a manner that makes it unreasonable or unsafe for us to continue providing services.

15.3 On termination, you shall pay all charges for services performed up to the date of termination, together with any agreed or unavoidable costs incurred by us in relation to the services.

16. Data and Privacy

16.1 We may collect and store basic personal and contact information for the purposes of managing bookings, delivering services, issuing invoices, and complying with legal obligations.

16.2 We will take reasonable steps to keep your information secure and will not sell your details to third parties. We may share data with subcontractors or service providers where necessary to deliver the services you have requested.

17. Changes to These Terms

17.1 We may update or amend these Terms from time to time. The current version will apply to all new bookings and to ongoing services from the date we notify you of the change or publish the updated Terms.

17.2 If you continue to use our services after being informed of any changes, you will be deemed to have accepted the updated Terms.

18. Governing Law and Jurisdiction

18.1 These Terms, and any dispute or claim arising out of or in connection with them or the services provided, shall be governed by and construed in accordance with the laws of England and Wales.

18.2 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 or their subject matter.

19. General Provisions

19.1 If any provision of these Terms is determined by a court or competent authority to be invalid, unlawful, or unenforceable, such provision shall be deemed severed and the remaining provisions shall continue in full force and effect.

19.2 No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

19.3 These Terms constitute the entire agreement between you and us in relation to the services, and supersede any prior discussions, correspondence, or understandings.