Terms And Conditions

Gardeners Cann Hall Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Cann Hall provides gardening and related services to residential and commercial customers. By placing a booking, accepting a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions.

These terms are intended to protect both you as the client and Gardeners Cann Hall as the service provider, and to ensure that gardening work is carried out safely, efficiently, and in compliance with applicable regulations.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below.

Client means the person, company, or organisation requesting and accepting the services of Gardeners Cann Hall.

Company means Gardeners Cann Hall, including its gardeners, employees, contractors, and authorised representatives.

Services means any gardening, garden maintenance, soft landscaping, clearance, planting, lawn care, hedge cutting, pruning, or related work provided by the Company.

Site means the garden or other area where the Services are to be carried out.

Contract means the agreement between the Client and the Company, consisting of these Terms and Conditions and any written or verbal quotation, booking confirmation, or schedule of work.

2. Booking Process

2.1 The Client may request Services by contacting the Company and providing details of the required work, the location of the Site, and preferred dates and times for attendance.

2.2 The Company may offer an estimate or quotation based on the information provided. In some cases, a visit to the Site may be required before confirming a quotation or booking.

2.3 A booking is not confirmed until the Company has accepted the request for Services, which may be done verbally or in writing. The Company reserves the right to refuse any booking at its discretion.

2.4 The Client is responsible for ensuring that all details provided to the Company are accurate and complete, including site address, access information, and any relevant restrictions or requirements.

2.5 Where recurring or regular maintenance visits are agreed, the Company will endeavour to attend on the days or within the time windows discussed, but all attendance times remain subject to weather conditions, staff availability, and operational requirements.

3. Scope of Services

3.1 The Company will carry out the Services with reasonable care and skill and in accordance with the description agreed with the Client at the time of booking or in any written quotation.

3.2 Any description of Services or timescales is given as a guide only and does not form a strict guarantee, as gardening work is dependent on weather, seasonality, plant growth, and other factors beyond the Companys control.

3.3 The Company may advise the Client that certain requested tasks are unsuitable, unsafe, or not recommended. In such cases, the Company may refuse to carry out that part of the work, suggest an alternative approach, or require the Client to sign a disclaimer.

3.4 The Company does not undertake structural work or work requiring specialist qualifications, such as complex tree surgery, major construction, or work on gas, electrical, or water systems, unless explicitly agreed in writing.

4. Access and Client Responsibilities

4.1 The Client must ensure that the Company has safe and adequate access to the Site at the agreed time. This includes arranging any keys, codes, permits, or permissions necessary for entry.

4.2 The Client must ensure that the Site is reasonably clear of obstacles and hazards and that pets and children are kept away from work areas during the provision of the Services.

4.3 The Client must inform the Company of any known underground services, cables, pipes, or other hidden features on the Site that could be affected by gardening work such as digging, edging, or planting.

4.4 If the Company arrives at the Site and is unable to access or safely carry out the work due to the Clients failure to meet these responsibilities, the Company may charge a call out or cancellation fee as set out in the cancellation section of these terms.

5. Pricing, Estimates, and Quotations

5.1 Prices for Services may be given as hourly rates, day rates, fixed price quotations, or a combination of these. The pricing method will be confirmed to the Client at the time of booking.

5.2 Any estimate or quotation is based on the information provided by the Client and any visible conditions at the time of assessment. The Company reserves the right to revise the price if the actual work differs substantially from the description initially provided or if unforeseen circumstances arise.

5.3 Where work is charged on an hourly basis, the Client will be billed for the actual time spent on the Site, rounded to the nearest agreed increment.

5.4 All prices are stated before the application of any applicable taxes or statutory charges, which will be added as required by law where relevant.

6. Payments and Invoicing

6.1 The Client agrees to pay the Company for the Services in accordance with the price and payment terms communicated at the time of booking or contained in any quotation or invoice.

6.2 Unless otherwise agreed, payment is due immediately upon completion of the Services or on receipt of an invoice. For larger projects or ongoing contracts, the Company may require deposits or staged payments.

6.3 The Company may accept various forms of payment, such as bank transfer, card payment, or other commonly used methods. Details of accepted payment methods will be provided to the Client upon request or at the time of invoicing.

6.4 If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at a reasonable rate and to recover any costs incurred in pursuing the debt.

6.5 The Company may suspend further work or refuse new bookings if invoices remain unpaid beyond the due date.

7. Cancellations, Rescheduling, and Missed Appointments

7.1 The Client may cancel or reschedule a booking by giving the Company reasonable notice. The required notice period and any applicable fees will be advised at the time of booking, having regard to the scale of the planned work.

7.2 Where the Client cancels or reschedules with short notice, the Company may charge a cancellation fee to cover lost time and operational costs. This may include a proportion of the estimated cost of the work or a fixed call out fee.

7.3 If the Company needs to cancel or reschedule a visit due to adverse weather, staff illness, equipment failure, or other circumstances beyond its control, it will notify the Client as soon as reasonably practical and offer an alternative date or time. The Company does not accept liability for any losses arising from such changes.

7.4 If the Company attends the Site at the agreed time and is unable to gain access or commence work due to issues within the Clients control, the visit may be treated as a late cancellation and a fee may be charged.

8. Health, Safety, and Site Conditions

8.1 The Company will take reasonable care to work safely and in accordance with relevant health and safety requirements when providing gardening Services.

8.2 The Client must promptly inform the Company of any potential risks or hazards on the Site, including uneven ground, unstable structures, contaminated soil, or aggressive animals.

8.3 The Company reserves the right to suspend or refuse to carry out work where it considers that health or safety would be compromised, including in extreme weather conditions or where protective equipment is insufficient for the risk presented.

8.4 The Client must not require or encourage the Company to carry out work that is unsafe or in breach of applicable regulations.

9. Garden Waste, Green Waste, and Waste Regulations

9.1 Gardening work may generate green waste such as grass cuttings, branches, leaves, and plants, as well as other waste materials such as soil, rubble, or packaging. The handling of such waste will be agreed with the Client before or at the time of booking.

9.2 Where the Company agrees to remove waste from the Site, it will do so in accordance with applicable waste regulations. Charges may apply for collection, transport, and disposal, particularly for larger volumes of waste.

9.3 The Client may choose to retain green waste on Site for composting or disposal via domestic garden waste collections. In that case, the Company may bag or stack the waste in an agreed area, and the Client remains responsible for its ongoing management and disposal.

9.4 The Company will not remove or handle hazardous waste, including but not limited to asbestos, chemicals, contaminated soil, or items requiring specialist licensing. If such materials are encountered, the Company may suspend work until the Client has arranged for safe removal by an authorised contractor.

9.5 The Client must not request that waste be disposed of in an unlawful manner. The Company will only transport and dispose of waste through lawful and compliant arrangements.

10. Damage, Liability, and Limitations

10.1 The Company will take reasonable care to avoid damage to property, plants, and garden features. However, minor damage or disturbance may be unavoidable when carrying out certain tasks such as pruning, digging, or clearance.

10.2 The Client is responsible for clearly identifying any items of particular value or sensitivity on the Site and for providing accurate information about underground services. The Company is not liable for damage resulting from inaccurate or incomplete information provided by the Client.

10.3 To the fullest extent permitted by law, the Companys total liability for any loss or damage arising from the Services, whether in contract, tort, or otherwise, is limited to the amount paid or payable by the Client for the specific Services giving rise to the claim.

10.4 The Company does not exclude or limit liability for death or personal injury caused by its negligence, for fraud, or for any other liability that cannot be excluded by law.

10.5 The Company is not liable for indirect or consequential losses, loss of profit, loss of enjoyment, or loss arising from delay, rescheduling, or cancellation of appointments, except where such loss cannot be excluded by law.

10.6 Gardening outcomes depend on natural factors beyond the Companys control, including weather conditions, pests, diseases, and soil quality. The Company does not guarantee specific results such as plant survival, growth rates, or lawn appearance, unless expressly agreed in writing.

11. Complaints and Disputes

11.1 If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as reasonably possible so that any issues can be investigated and, where appropriate, remedied.

11.2 The Client should provide clear details of the concern and, where relevant, allow the Company reasonable access to inspect the Site and carry out any agreed remedial work.

11.3 Making a complaint does not suspend the Clients obligation to pay for Services properly provided, although the Company will act reasonably when considering any disputed amounts.

12. Variations and Additional Work

12.1 If, during the provision of the Services, the Client requests additional or varied work, the Company will, where practical, advise of any change in price or timescale before proceeding.

12.2 Additional work may be charged at the Companys standard rates or added to any existing quotation or invoice as agreed with the Client.

12.3 Any variations to the Contract are valid only if agreed by the Client and the Company, either verbally or in writing.

13. Force Majeure

13.1 The Company is not liable for any delay or failure in performing its obligations where such delay or failure results from events beyond its reasonable control. This may include extreme weather, natural disasters, accidents, transport disruptions, strikes, or changes in law or regulations.

13.2 In such circumstances, the Company may suspend or reschedule Services and will notify the Client as soon as reasonably practical.

14. Data Protection and Privacy

14.1 The Company may collect and hold basic personal information about the Client, such as name, address, and contact details, for the purposes of administering bookings, providing Services, and managing accounts.

14.2 The Company will take reasonable steps to keep such information secure and will not share it with third parties except where necessary for the provision of Services, the collection of payments, or as required by law.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions and any Contract between the Client and the Company are governed by and interpreted in accordance with the law of England and Wales.

15.2 The courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim arising from or in connection with these Terms and Conditions or the provision of the Services.

16. General Provisions

16.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.2 The failure or delay by the Company to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.

16.3 The Client may not assign or transfer their rights or obligations under the Contract without the Companys prior consent. The Company may assign or subcontract its rights or obligations where reasonably necessary for the delivery of the Services.

16.4 These Terms and Conditions may be updated from time to time. The version in force at the time of booking or quotation will apply to the relevant Services, unless otherwise agreed.

By confirming a booking or allowing work to commence, the Client confirms that they have read, understood, and agree to be bound by these Service Terms and Conditions for Gardeners Cann Hall.