Terms and Conditions for Garden Services

These Terms and Conditions set out the basis on which gardening and grounds maintenance services are provided by Gardeners New Cross. By making a booking, requesting a quotation, or allowing work to begin, the customer agrees to these terms. They are intended to create a clear understanding between the parties and to ensure that all work is delivered safely, fairly, and in accordance with applicable UK law.

The terms below apply to all domestic and commercial gardening services, including routine maintenance, hedge work, pruning, lawn care, seasonal clearance, planting, soft landscaping, and related support tasks. Unless agreed otherwise in writing, these conditions will apply from the time a booking is accepted until the relevant work has been completed and any outstanding balances have been paid.

In these Terms and Conditions, references to “we”, “us”, and “our” mean the service provider, and references to “you” or “the customer” mean the person, business, landlord, tenant, or authorised representative who arranges the work. If a third party books on behalf of another property owner or occupier, that person confirms they have authority to act for the customer.

1. Booking Process

A booking with Gardeners New Cross is usually formed through an enquiry, quotation, acceptance, scheduling of a date, and confirmation of the job details. A quotation may be provided verbally or in writing and will normally be based on the information supplied at the time of enquiry. If the actual site conditions differ from the information given, the price, timing, or scope of work may need to be revised.

We may ask for photographs, measurements, access details, or other relevant information before confirming a quotation. This helps us assess the work accurately and plan the appropriate materials, equipment, and staffing. A booking is not guaranteed until it has been accepted by us, and we reserve the right to decline work that is unsafe, impractical, outside our service scope, or not suitable for the available time slot.

Once a date is arranged, the customer is responsible for ensuring that access is available and that the garden or work area is ready for service. If gates, entrances, or shared access points require special arrangements, these should be communicated in advance. If we arrive and are unable to complete the work due to lack of access, incorrect information, or conditions beyond our control, a call-out or wasted time charge may apply.

2. Scope of Services

We provide professional gardening services with reasonable care and skill. The exact scope of each job will depend on the quotation, the agreed specification, and the condition of the garden at the time of attendance. Where a task is requested on-site that falls outside the original agreement, we may provide a new quotation or decline to proceed until the change has been confirmed.

Our gardeners may use hand tools, powered equipment, ladders, cutting tools, and other suitable items required to complete the work safely. We do not guarantee that plants, turf, lawns, or other living materials will respond in a particular way after pruning, cutting, transplanting, or treatment, as natural growth and weather conditions can affect outcomes.

Customers are responsible for informing us of any known hazards before work begins, including buried cables, hidden utilities, asbestos, contaminated soil, unstable structures, aggressive pests, or any protected species or trees known to them. If we identify a risk during the job, we may pause or modify the service to protect people, property, and the environment.

3. Payments and Charges

All charges will be based on the agreed quotation, hourly rate, fixed fee, or other pricing method stated at the time of booking. Unless stated otherwise, prices are quoted exclusive of VAT where applicable. Additional charges may arise if the work takes longer than expected, if extra waste is generated, if access is delayed, or if the customer requests extra tasks on the day.

Payment terms will be confirmed during booking or on the invoice. Unless otherwise agreed, payment is due upon completion of the work or within the timeframe stated on the invoice. We may require a deposit for larger jobs, recurring contracts, or works that involve ordering materials, reserving time, or mobilising specialist equipment.

Gardeners New Cross may accept payment by bank transfer, card, cash, or another method agreed in advance. Any returned payment, chargeback, or failed transfer may result in additional administration charges and suspension of further bookings until the account is settled in full. We may also charge interest on overdue sums in accordance with applicable law.

4. Cancellations, Postponements, and Missed Appointments

If you need to cancel or rearrange a booking, please give as much notice as possible. For standard appointments, we may require at least 24 hours’ notice. For larger or scheduled works, longer notice may be needed because time, labour, and materials may already have been allocated. Cancellation terms may vary where specific terms were agreed in writing at the time of booking.

If you cancel after we have started preparing for the job, we may charge for time already spent, materials purchased, or costs reasonably incurred. If we attend the site and cannot complete the work because you are unavailable, access is denied, or the area is unsuitable for service, we may charge the agreed call-out fee or a reasonable portion of the service fee.

If we need to postpone due to weather, safety concerns, equipment failure, staff illness, or other operational reasons, we will try to rearrange the appointment as soon as reasonably practicable. We are not liable for delays caused by circumstances beyond our control, including severe weather, road closures, transport disruption, or events affecting the safe delivery of services.

5. Customer Responsibilities

To enable the work to be carried out safely and efficiently, you must ensure that the area is reasonably clear and accessible. This includes removing fragile items, securing pets, informing occupants of the visit, and ensuring that water, electricity, or other services are available where needed. We are not responsible for delays caused by conditions that the customer could reasonably have addressed beforehand.

You should also notify us in advance if any plants, fixtures, ornaments, lighting, irrigation systems, or decorative items are valuable, fragile, or particularly delicate. We will take reasonable care, but you remain responsible for securing or removing items that could be damaged by routine gardening operations. If keys are provided, the customer confirms that permission has been granted for us to enter the premises.

Where a property is shared, rented, managed, or occupied by more than one party, the person placing the booking confirms that they have authority to instruct the work. If the customer does not own the property, it is their responsibility to obtain any necessary permissions before the service begins.

6. Liability and Limitations

We will perform all services with reasonable care and skill, but no gardener can eliminate every risk associated with outdoor work. To the fullest extent permitted by law, we shall not be liable for indirect, special, or consequential loss, loss of profit, loss of enjoyment, or any business interruption arising from the use of our services.

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded under UK law. Where we are found liable for direct loss or damage, our liability will be limited to the amount paid or payable for the specific service giving rise to the claim, unless a different limit is required by law.

We are not responsible for pre-existing defects, hidden damage, natural wear and tear, or issues arising from poor prior maintenance. This includes, for example, brittle fencing, unstable paving, weak tree limbs, decayed timber, broken irrigation parts, or overgrown structures that fail during normal garden work. Customers should inform us of any known weaknesses before work starts.

7. Waste Handling and Regulations

Garden waste produced during a job will be handled in accordance with applicable waste and environmental regulations. Unless otherwise agreed, the quotation will state whether waste removal is included. If disposal is included, we will take reasonable steps to transport green waste to an appropriate facility or authorised disposal route in line with UK requirements.

Some materials cannot be treated as ordinary green waste. These may include soil contaminated by chemicals, asbestos-containing materials, treated timber, broken glass, electrical items, household rubbish, or potentially hazardous substances. If such items are encountered, we may refuse to remove them, suspend the work, or apply additional charges where specialist handling is required.

Gardeners New Cross expects customers to disclose any waste that may fall outside standard garden clearance. If the customer asks us to remove non-green or regulated waste, the request must be agreed in advance and may require separate arrangements. The customer remains responsible for ensuring that waste presented to us is accurately described and legally suitable for collection.

Where relevant, we may leave green waste on site in compost heaps, designated bins, or agreed collection points if that is part of the service specification. If waste is to be retained by the customer, they are responsible for its onward storage, composting, or disposal. We do not guarantee that all waste can be removed on the same day if access, vehicle capacity, or disposal restrictions prevent it.

8. Materials, Plants, and Product Suitability

If we supply plants, soil, mulch, fertiliser, or other materials, we will aim to provide items that are reasonably suitable for the agreed purpose. However, growth, survival, and long-term performance depend on many factors outside our control, including weather, watering, soil conditions, pests, and aftercare. Unless expressly guaranteed in writing, plant establishment and horticultural performance are not assured.

Where a customer supplies their own materials or products, we are not responsible for defects, incompatibility, or unsuitability in those items. If the customer insists on using a specified product or method against our advice, any resulting risk lies with the customer to the extent permitted by law.

9. Complaints and Rectification

If you believe there is a problem with the service, you should notify us as soon as reasonably possible after completion. We may ask for photographs, a description of the issue, and details of the work carried out. This allows us to assess whether any corrective action is appropriate.

Where a genuine fault is identified and we are responsible, we may choose to revisit the site, correct the issue, or offer a partial refund, depending on the circumstances. We will not be obliged to remedy problems caused by misuse, lack of aftercare, weather damage, third-party interference, or changes made by anyone other than us after the job was completed.

Any complaint must be made in good faith and with reasonable cooperation from the customer. We reserve the right to inspect the work in person or by image before deciding on a resolution.

10. Events Outside Our Control

We are not in breach of these terms if our performance is hindered or prevented by events beyond our reasonable control. Such events may include adverse weather, fire, flood, storm damage, power failure, supply shortages, strikes, accident, epidemic, transport disruption, or changes in law or official guidance.

If such an event occurs, we may postpone, amend, or cancel the affected service. We will use reasonable efforts to minimise disruption and communicate any necessary change as soon as practicable. However, we are not liable for losses arising from delays or non-performance caused by such events.

These provisions do not affect your statutory rights, nor do they prevent either party from agreeing a fair alternative arrangement where practical.

11. Governing Law

These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales. Any dispute, claim, or matter arising from or connected with the services will be subject to the exclusive jurisdiction of the courts of England and Wales, unless mandatory consumer law provides otherwise.

By proceeding with a booking, the customer acknowledges that they have read and understood these conditions and agree to be bound by them. If any part of these terms is found to be unenforceable, the remaining provisions will continue in full force to the extent permitted by law.