020 3744 3778Gardeners Cockfosters Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Cockfosters provides gardening and related services to residential and commercial customers in its service area. By booking or using any of our services, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions
In these Terms and Conditions, the following definitions apply:
1.1 Service Provider refers to Gardeners Cockfosters, the gardening company supplying the services.
1.2 Client refers to any individual, business, or organisation requesting or receiving services from the Service Provider.
1.3 Services refers to gardening, garden maintenance, lawn care, hedge trimming, planting, soft landscaping, clearance, and any other related services agreed between the Client and the Service Provider.
1.4 Site refers to the garden, land, or property where the Services are to be provided.
1.5 Agreement refers to the contract between the Client and the Service Provider, as set out in these Terms and Conditions and in any written quote or confirmation.
2. Scope of Services
2.1 The Services to be provided will be described in a written quote, message, or verbal agreement confirmed by the Service Provider. The description will normally include the nature of the work, any specific tasks to be carried out, and any limitations or exclusions.
2.2 The Service Provider reserves the right to refuse any work which is unsafe, unlawful, inappropriate for the tools and skills available, or beyond the agreed scope of Services.
2.3 Any additional work requested by the Client that is outside the original scope may be subject to separate charges and timescales, which will be agreed before commencement of such additional work.
3. Booking Process
3.1 A booking may be made by the Client via the Service Provider’s accepted communication methods, such as website enquiry form or written correspondence, as specified from time to time.
3.2 When the Client provides details of the required Services, the Service Provider may offer a provisional quote based on the information given. For certain jobs, a site visit may be necessary before a final quote can be confirmed.
3.3 A booking is only considered confirmed when the Client has received an explicit confirmation from the Service Provider, which may be given in writing or by electronic message. The confirmation may state the date or time window for the Services, the price or basis of charging, and any special conditions.
3.4 The Client must ensure that all information provided to the Service Provider at the time of booking is accurate, complete, and up to date. Any changes to the Site, access arrangements, or scope of work should be communicated promptly before the scheduled visit.
4. Site Access and Client Responsibilities
4.1 The Client must ensure that the Service Provider has safe and reasonable access to the Site at the agreed date and time. This includes access to gates, paths, parking areas, and any internal routes required to reach the garden or outdoor space.
4.2 The Client is responsible for securing necessary permissions for the Services to be carried out, including landlord, neighbour, or local authority consents where applicable.
4.3 The Client must ensure that the Site is free from hazards that could cause injury or damage, such as unsecured pets, dangerous structures, exposed cabling, or harmful substances. Any known hazards should be clearly disclosed before work begins.
4.4 The Service Provider reserves the right to suspend or refuse work if the Site is unsafe or if access is denied or significantly restricted. In such cases, a call-out or cancellation fee may be charged, as set out in the cancellation provisions below.
5. Pricing, Quotes, and Estimates
5.1 The Service Provider may offer fixed-price quotes, hourly rates, or day rates, depending on the nature and duration of the Services.
5.2 Any written quote provided will normally state whether it is a fixed price or an estimate. Estimates are indicative only and may vary depending on actual time taken, materials used, and conditions encountered on Site.
5.3 Unless stated otherwise, prices quoted are for labour only. Additional charges may apply for materials, plants, disposal of green waste, and any specialist equipment required.
5.4 The Service Provider reserves the right to revise a quote if the information initially provided by the Client was incomplete or inaccurate, or if the scope of work has changed. Any such revisions will be communicated to the Client for approval before proceeding.
6. Payments and Invoicing
6.1 The Client agrees to pay the Service Provider for the Services in accordance with the price and payment terms agreed at the time of booking or as subsequently confirmed in writing.
6.2 Payment is typically due on completion of the Services, unless otherwise agreed. For larger projects or ongoing maintenance arrangements, deposits or staged payments may be required.
6.3 The Service Provider may accept various forms of payment, such as bank transfer or card payment, as notified to the Client. Cash payments may be accepted only by prior agreement.
6.4 The Service Provider will issue an invoice or receipt upon completion of the Services or at agreed intervals for regular maintenance contracts.
6.5 If payment is not received by the due date, the Service Provider reserves the right to charge interest on overdue amounts at the statutory rate permitted under UK law, and to recover reasonable costs incurred in pursuing late payments.
6.6 The Service Provider may suspend or cancel future bookings if the Client has outstanding unpaid invoices.
7. Cancellations, Rescheduling, and Missed Appointments
7.1 The Client may cancel or reschedule a booking by giving the Service Provider advance notice. The required notice period will generally be at least 24 hours before the scheduled start time, unless a longer period is specified at the time of booking.
7.2 If the Client cancels or reschedules with insufficient notice, the Service Provider may charge a reasonable cancellation fee or call-out charge to cover time and costs already incurred.
7.3 If the Service Provider needs to cancel or reschedule a booking due to factors such as severe weather, staff illness, equipment failure, or other unforeseen circumstances, they will notify the Client as soon as reasonably possible and offer an alternative date. The Service Provider will not be liable for any loss arising from such cancellation, but any deposit for the affected visit may be transferred or refunded.
7.4 If the Service Provider attends the Site at the agreed time and is unable to carry out the Services due to lack of access, unsafe conditions, or absence of required permissions, this may be treated as a late cancellation, and the relevant fee may apply.
8. Performance of Services and Service Standards
8.1 The Service Provider will carry out the Services with reasonable skill and care, in accordance with best practice for gardening and horticultural work, and in compliance with applicable UK regulations.
8.2 Timeframes for completing the work are estimates only and may be affected by weather, Site conditions, access limitations, or additional work requested. The Service Provider will aim to keep the Client informed of any significant delays or changes.
8.3 The Client should inspect the work promptly on completion and raise any concerns within a reasonable time. The Service Provider will make reasonable efforts to address any issues that arise directly from the standard of work, provided they are reported without undue delay.
9. Materials, Plants, and Warranties
9.1 Where the Service Provider supplies materials, plants, or products, these will be selected with reasonable skill and care, taking into account the Site conditions and the Client’s instructions.
9.2 All plants are living organisms and their survival depends on factors beyond the Service Provider’s control, including weather, pests, diseases, soil conditions, and aftercare. As such, the Service Provider cannot guarantee the long-term performance or lifespan of plants once they have been installed and handed over.
9.3 Any manufacturer’s warranties on products or materials supplied will be passed on to the Client where permitted. The Service Provider’s own liability for materials and plants is limited to the extent set out in the Liability section below.
10. Waste Handling and Environmental Regulations
10.1 The Service Provider will handle green waste and other materials in accordance with applicable UK waste and environmental regulations.
10.2 Unless otherwise agreed, the Client is responsible for the disposal of green waste generated during the Services, such as grass cuttings, branches, and foliage. The Service Provider may, by prior arrangement, remove green waste from the Site for an additional charge.
10.3 The Client must not request the Service Provider to dispose of controlled waste, hazardous substances, or prohibited materials in ways that would breach UK regulations. The Service Provider reserves the right to refuse to handle such materials.
10.4 Any waste removal undertaken by the Service Provider will be conducted using appropriate methods and in compliance with relevant licensing and duty of care obligations under UK law.
11. Client Property and Damage
11.1 The Client should remove or protect any garden ornaments, furniture, fixtures, or personal property that could be damaged during the performance of the Services. The Service Provider will take reasonable care but cannot be held responsible for items left in vulnerable positions.
11.2 Any pre-existing damage or defects in the garden, structures, or utilities should be reported to the Service Provider before work begins. The Service Provider will not be liable for damage arising from underlying conditions, such as unstable walls, old fencing, or hidden pipes.
11.3 The Client is responsible for any loss or damage caused to the Service Provider’s equipment or vehicles on Site due to the deliberate or negligent acts or omissions of the Client or their household, tenants, or visitors.
12. Liability and Limitations
12.1 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 be excluded under UK law.
12.2 Subject to the above, the Service Provider’s total liability for any claim arising out of or in connection with the provision of Services, whether in contract, tort, or otherwise, shall be limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.
12.3 The Service Provider shall not be liable for any indirect or consequential loss, including loss of profit, loss of enjoyment, or loss of opportunity, arising from or in connection with the Services.
12.4 The Service Provider will not be responsible for any loss or damage that results from the Client’s failure to follow advice or aftercare instructions, or from the Client’s alteration of the work after completion.
13. Insurance
13.1 The Service Provider will maintain appropriate public liability insurance and, where applicable, employer’s liability insurance in accordance with UK legal requirements.
13.2 Evidence of insurance may be provided to the Client on request, subject to reasonable notice.
14. Force Majeure
14.1 The Service Provider shall not be liable for any delay or failure to perform the Services where such delay or failure is due to events beyond its reasonable control. These events may include, but are not limited to, severe weather, flood, fire, industrial disputes, pandemics, war, or acts of government.
14.2 In such circumstances, the Service Provider may suspend the performance of the Services and reschedule at a mutually convenient time, without liability for any resulting loss to the Client.
15. Data Protection and Privacy
15.1 The Service Provider may collect and process personal data from the Client for the purposes of managing bookings, delivering Services, issuing invoices, and meeting legal obligations.
15.2 The Service Provider will handle personal data in accordance with applicable UK data protection laws and will take reasonable steps to protect such data from unauthorised access or disclosure.
16. Complaints and Dispute Resolution
16.1 If the Client is dissatisfied with any aspect of the Services, they should raise the matter with the Service Provider as soon as possible so that it can be addressed.
16.2 The Service Provider will make reasonable efforts to investigate and resolve complaints promptly and fairly, which may include revisiting the Site, rectifying identified issues, or offering an appropriate remedy where justified.
17. Amendments to Terms and Conditions
17.1 The Service Provider reserves the right to update or amend these Terms and Conditions from time to time. The latest version will apply to all new bookings and to ongoing arrangements notified after the change takes effect.
17.2 Where changes are material and affect existing Clients, the Service Provider will endeavour to inform those Clients of the updated Terms and Conditions in a reasonable manner.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions, 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 parties submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising under or in connection with this Agreement.
By booking or using the Services of Gardeners Cockfosters, the Client confirms that they have read, understood, and agreed to these Terms and Conditions.
