Gardeners New Cross Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners New Cross provides gardening and related services to residential and commercial customers. By booking or accepting any service, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.
1. Definitions and Interpretation
In these Terms and Conditions, the following definitions apply.
Client means any individual, business, or organisation that requests or receives services from Gardeners New Cross.
Services means gardening and garden maintenance services provided by Gardeners New Cross, including but not limited to lawn care, planting, pruning, hedge trimming, garden clearance, soft landscaping, and related work as agreed.
Booking means a confirmed appointment or series of appointments for the provision of Services.
Agreement means the contract between the Client and Gardeners New Cross formed under these Terms and Conditions.
Team means any gardener, contractor, or representative engaged by Gardeners New Cross to deliver the Services.
2. Scope of Services
Gardeners New Cross provides a range of gardening and garden maintenance services in and around the New Cross area and nearby locations. The exact scope of work will be agreed with the Client at the time of booking, based on the information provided and any site visit if applicable.
The description of the Services, including estimated duration, required materials, and any limitations, will be confirmed by Gardeners New Cross prior to commencement. Any items not expressly included in the description of Services will be deemed excluded and may require a separate quotation.
Gardeners New Cross reserves the right to decline any work that is unsafe, unlawful, or beyond the practical or professional capability of the Team.
3. Booking Process
3.1 Initial enquiries
Clients may request a quotation or make an enquiry by contacting Gardeners New Cross through its chosen communication channels. At the enquiry stage, the Client should provide accurate information about the property, garden size, access arrangements, and the type of work required.
3.2 Quotations
Where possible, Gardeners New Cross will provide an estimate based on the information supplied. For larger or more complex jobs, a site visit may be required before issuing a quotation. Any quotation is an estimate only and may be adjusted if the actual conditions differ from those described by the Client or discovered on site.
3.3 Confirming a booking
A Booking is confirmed only when Gardeners New Cross has accepted the job and provided a date or schedule, and the Client has agreed to proceed on the basis of these Terms and Conditions. For some Services, Gardeners New Cross may require a deposit or prepayment as a condition of confirming the Booking.
3.4 Access and preparation
The Client must ensure that Gardeners New Cross has safe and reasonable access to the property and garden at the agreed time. The Client should remove any personal items, waste not related to the gardening work, and obstacles that could hinder the Team. If access is delayed or prevented, additional charges may apply.
4. Prices, Estimates, and Variations
4.1 Pricing structure
Services may be charged on an hourly, daily, or fixed-price basis, as confirmed at the time of Booking. All prices will be stated in pounds sterling unless otherwise specified.
4.2 Estimates and changes
Any estimate provided is based on the information available at the time. If, on arrival, the Team discovers significantly different conditions, additional work, or hazards, Gardeners New Cross will inform the Client and may propose a revised price before proceeding. The Client will have the option to accept the revised price, limit the scope of work, or cancel the remaining work that has not yet been carried out, subject to any applicable cancellation charges.
4.3 Additional work
If the Client requests additional work on site that was not included in the original scope, this may be charged at the prevailing hourly rate or may require a new quotation. Gardeners New Cross is not obliged to carry out any additional work beyond the agreed Services.
5. Payments and Invoicing
5.1 Payment terms
Unless otherwise agreed in writing, payment is due immediately upon completion of the Services or upon receipt of invoice, whichever occurs first. For ongoing maintenance contracts, payment terms will be as set out in the contract or invoice.
5.2 Deposits and prepayments
For some Services, including but not limited to large projects, multi-day works, or jobs requiring the purchase of materials in advance, Gardeners New Cross may request a deposit or full prepayment. Deposits are generally non-refundable if the Client cancels within the applicable cancellation period detailed in these Terms and Conditions.
5.3 Accepted payment methods
Accepted payment methods will be communicated to the Client at or before the time of Booking or invoicing. The Client is responsible for ensuring that payment is made using one of the accepted methods and within the specified time.
5.4 Late payment
If payment is not received by the due date, Gardeners New Cross reserves the right to charge interest on any overdue amounts and to suspend or cancel future Services until all outstanding sums are paid in full.
6. Cancellations, Rescheduling, and Access
6.1 Client cancellations
The Client may cancel or reschedule a Booking by giving reasonable notice. Unless otherwise agreed, notice of at least 48 hours before the scheduled start time is required to avoid cancellation charges.
If the Client cancels within 48 hours of the appointment, Gardeners New Cross reserves the right to charge a cancellation fee, which may include a proportion of the estimated labour cost and any non-refundable costs incurred for materials or travel.
6.2 Gardeners New Cross cancellations
On rare occasions, Gardeners New Cross may need to cancel or reschedule a Booking due to unforeseen circumstances such as severe weather, staff illness, or logistical issues. In such cases, Gardeners New Cross will notify the Client as soon as reasonably practicable and will aim to offer an alternative appointment. Gardeners New Cross will not be liable for any indirect losses caused by such cancellations.
6.3 Failure to provide access
If the Team attends the property at the agreed time and is unable to gain access, or if the work cannot proceed due to the Client failing to fulfil their obligations, Gardeners New Cross may charge a call-out or cancellation fee to cover travel time and any lost labour.
7. Client Responsibilities
The Client agrees to
Provide accurate and complete information about the property, including any relevant hazards such as uneven ground, ponds, loose structures, or underground services.
Ensure that Gardeners New Cross has safe access to water supply and electricity if these are required for the Services.
Keep children, pets, and other occupants away from the work area for the duration of the visit to help maintain a safe environment.
Obtain all necessary permissions from landlords, neighbours, or local authorities, where applicable, before work commences.
Comply with any reasonable instructions given by the Team to ensure the safety and effectiveness of the Services.
8. Health, Safety, and Site Conditions
Gardeners New Cross takes health and safety seriously and will operate in line with relevant regulations and good practice for gardening and outdoor work.
The Team may refuse to carry out any task that they consider unsafe, such as working at excessive height without proper equipment, attempting to remove hazardous substances, or operating in extreme weather conditions.
If the condition of the site presents health or safety risks, including but not limited to hazardous waste, broken glass, or aggressive animals, Gardeners New Cross may suspend work until the issue is resolved or may cancel the Booking, applying any reasonable charges for time and travel already incurred.
9. Garden Waste and Environmental Regulations
9.1 Handling of green waste
As part of the Services, Gardeners New Cross may generate garden waste such as grass cuttings, branches, leaves, and plant material. How this waste is handled will be agreed with the Client at the time of Booking.
Gardeners New Cross may offer to remove and dispose of garden waste for an additional charge. If the Client chooses not to use this service, the waste will be left neatly on site in a designated area, as agreed, for the Client to dispose of.
9.2 Compliance with waste regulations
Any waste removal undertaken by Gardeners New Cross will be carried out in accordance with applicable waste and environmental regulations. The Client agrees not to request or permit the Team to dispose of waste in an unlawful manner.
9.3 Non-garden waste
The Services do not include removal of household rubbish, building rubble, hazardous materials, or other non-garden waste unless explicitly agreed in writing. Additional charges may apply for any such work that is agreed.
10. Materials, Plants, and Guarantees
Where Gardeners New Cross supplies materials, plants, or products, these will be sourced from reputable suppliers. Any descriptions or images given to the Client are indicative only and do not guarantee exact colour, size, or appearance, as natural variations may occur.
Gardeners New Cross does not guarantee the long-term survival or performance of plants, turf, or living materials, as these depend on factors outside its control, including weather conditions, soil quality, pests, diseases, and the Client’s ongoing maintenance. The Team may provide aftercare advice, but it is the Client’s responsibility to follow it and to provide appropriate care.
11. Liability and Limitations
11.1 Duty of care
Gardeners New Cross will exercise reasonable care and skill in providing the Services. However, gardening work by its nature can involve disturbance to soil, borders, and existing planting, and some incidental damage may be unavoidable when carrying out the agreed works.
11.2 Exclusions of liability
Gardeners New Cross will not be liable for
Any pre-existing damage or defects at the property.
Damage resulting from inaccurate information supplied by the Client.
Consequential or indirect losses, such as loss of enjoyment, loss of profit, or loss of use of the garden.
Failure of plants, turf, or seeds to establish or thrive, except where directly caused by proven negligence.
11.3 Limitation of liability
To the maximum extent permitted by law, the total liability of Gardeners New Cross to the Client for any claim arising out of or in connection with the Services shall be limited to the total amount paid or payable by the Client for the specific Booking in question.
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.
12. Complaints and Dispute Resolution
If the Client is dissatisfied with any aspect of the Services, they should raise the issue with Gardeners New Cross as soon as possible, ideally within 48 hours of the work being carried out.
Gardeners New Cross will investigate any reasonable complaint and, where appropriate, may offer to rectify the issue, provide partial reimbursement, or take other remedial action at its discretion. The Client agrees to allow the Team an opportunity to inspect and address any concerns before undertaking repairs or hiring another contractor, as this may limit the ability of Gardeners New Cross to resolve the matter.
13. Data Protection and Privacy
Gardeners New Cross will collect and process personal information about Clients only for the purposes of providing Services, managing bookings, and administering accounts. Personal information will be handled in accordance with applicable data protection laws.
By making a Booking, the Client consents to the use of their contact details for communication about current and future Services, unless they inform Gardeners New Cross that they do not wish to receive such communications.
14. Force Majeure
Gardeners New Cross will not be in breach of these Terms and Conditions, nor liable for any delay or failure to perform any of its obligations, where such delay or failure results from events, circumstances, or causes beyond its reasonable control. These may include extreme weather conditions, natural disasters, acts of government, strikes, utility failures, or other events that materially affect the ability to perform the Services.
15. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, shall be governed by and construed in accordance with the laws 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 Services provided by Gardeners New Cross.
16. Changes to These Terms and Conditions
Gardeners New Cross may update or amend these Terms and Conditions from time to time to reflect changes in law, best practice, or the scope of Services. The version in force at the time of the Booking will apply to that Booking, unless the Client agrees in writing to an updated version.
17. Entire Agreement
These Terms and Conditions, together with any written quotation or confirmation of Booking, constitute the entire agreement between the Client and Gardeners New Cross in relation to the Services. No other statement, promise, or representation, whether oral or written, shall be binding unless expressly incorporated into the Agreement in writing.
By proceeding with a Booking, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.