Terms and Conditions for Gardening Services

These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Merton Park (“we”, “us”, “our”) to the client (“you”, “your”). By making a booking, accepting a quotation, or allowing work to begin, you agree to be bound by these terms. They are intended to create clear expectations for both sides and to ensure that garden maintenance, landscaping, pruning, clearance, and related services are carried out safely, lawfully, and with reasonable care. For the avoidance of doubt, these terms apply to all Gardeners Merton Park services unless we agree otherwise in writing.

We aim to provide a professional and reliable service, but gardening work often depends on weather, site access, plant condition, soil type, and the behaviour of living materials. As a result, any estimate, schedule, or scope of work may need to be adjusted where necessary. Nothing in these terms affects your statutory rights as a consumer under UK law.

If any part of these terms is unclear, the interpretation most consistent with the overall purpose of the agreement shall apply. Headings are included for convenience only and do not affect the meaning of the terms. These conditions should be read together with any quotation, written specification, or agreed job description.

1. Booking Process

Bookings may be made after an initial enquiry and quotation. A booking is not confirmed until we have accepted your request and, where applicable, received any required deposit or advance payment. Gardeners Merton Park may ask for details about the garden, the type of work required, access arrangements, parking limitations, water supply, disposal needs, and any known hazards. This information helps us allocate the correct team, tools, and time.

Any quotation is based on the information available at the time and may be revised if the site conditions or the requested work differ from the description initially provided. If we arrive and discover that the job is materially different, unsafe, or more extensive than expected, we may amend the price, adjust the schedule, or decline to proceed until you agree to the revised terms. We will try to explain any change before additional work is started.

We may confirm a booking by email, text message, written note, or another agreed method. You are responsible for checking that the details are correct, including the date, time window, service type, and any special instructions. If you need to change the booking, you should notify us as soon as possible so that we can try to accommodate the request. However, changes are subject to availability and may affect the price.

2. Scope of Services and Customer Responsibilities

Our services may include lawn care, hedge trimming, pruning, planting, weeding, clearance, seasonal tidy-ups, and other garden-related tasks agreed in advance. Unless expressly stated, we do not provide specialist tree surgery, invasive species treatment, structural landscaping, electrical work, or any service requiring qualifications or permissions beyond standard gardening practice. If such work appears necessary, we may recommend that a suitably qualified contractor is engaged.

You must ensure that the area to be worked on is reasonably accessible and that pets, children, and fragile items are kept clear of the work zone. You are also responsible for telling us about underground utilities, concealed hazards, protected plants, pest infestations, boundary disputes, or any other circumstances likely to affect the work. We are entitled to rely on the accuracy of the information you provide.

You must obtain any permissions needed for the work, including permission from a landlord, managing agent, freeholder, local authority, or neighbouring property owner where relevant. If a permit, consent, or licence is required for access, parking, or waste removal, you must arrange this in advance unless we have expressly agreed to do so. Delays caused by missing permissions may still be charged if they prevent us from working as planned.

3. Payments and Charges

Unless we agree otherwise, prices are quoted in pounds sterling and may be based on a fixed fee, hourly rate, or day rate. The total price may include labour, equipment use, consumables, and any agreed disposal charges. If the scope changes during the job, additional charges may apply. We will seek your approval before undertaking any significant extra work, where reasonably possible.

Invoices are payable within the period stated on the invoice or quotation. For some bookings, we may require a deposit, part-payment, or full advance payment to secure the appointment or to cover materials. Payment may be made by bank transfer or by another method we accept. Time is of the essence for payment, and failure to pay on time may result in suspension of services, cancellation of future bookings, or recovery action.

If any payment is overdue, we reserve the right to charge interest and reasonable costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 where applicable, or otherwise at a reasonable rate permitted by law. You remain responsible for all undisputed sums even if you later raise a complaint about an unrelated aspect of the service. Any set-off or deduction may only be made where required by law or expressly agreed by us.

4. Cancellations, Delays, and Rescheduling

You may cancel or reschedule a booking by giving us reasonable notice. Because gardening appointments are often arranged around staff availability, travel, and equipment preparation, short-notice cancellations may still be chargeable. If you cancel after we have begun travel or preparation, or if we arrive and cannot complete the work because of access problems or lack of permission, we may charge a call-out fee or a proportion of the quoted amount.

We may cancel or postpone a booking if weather conditions, unsafe site conditions, illness, vehicle failure, equipment issues, or other circumstances beyond our reasonable control prevent us from performing the service safely or effectively. In such cases, we will try to offer an alternative date. Gardeners Merton Park will not be liable for any loss arising from a delay or postponement that is caused by events outside our control, provided we act reasonably and keep you informed.

If repeated cancellations or missed appointments occur because of inaccurate information, non-access, or failure to prepare the site, we may require prepayment for future bookings or decline further work. Any amounts already paid will be dealt with fairly, taking into account work completed, materials used, and costs already incurred. This does not affect any legal right you may have to a refund where we have not provided the agreed service.

5. Liability and Limitations

We will carry out services with reasonable skill and care, but gardening involves natural variables and, in some cases, inherent risk. Plants may respond unpredictably to pruning, transplanting, fertilising, or environmental conditions. Lawns, hedges, trees, and beds can also be affected by hidden disease, poor prior maintenance, drought, frost, or infestation. Accordingly, we do not guarantee that every plant will survive, nor can we promise a particular aesthetic or growth result unless specifically agreed in writing.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under UK law. Subject to that, our total liability arising from any one claim or series of related claims shall be limited to the amount paid or payable for the specific service giving rise to the claim, except where a higher limit is required by law.

We are not responsible for indirect or consequential losses, including loss of profit, loss of enjoyment, loss of opportunity, or damage caused by pre-existing faults, concealed defects, or circumstances outside our control. You are responsible for securing valuables, ornaments, vehicles, and any personal items before work begins. If you ask us to move items, we will do so with reasonable care, but we cannot accept responsibility for damage caused by unstable, defective, or improperly installed objects.

6. Waste Removal and Regulations

Where garden waste is collected, transported, or disposed of by us, it will be handled in accordance with applicable UK waste laws, including the duty of care requirements. We may use licensed waste carriers or approved disposal facilities where required. Unless specifically stated otherwise, the service price only includes the disposal of the waste generated by the agreed work, not the removal of unrelated rubbish, contaminated materials, or hazardous substances.

You must tell us in advance if the site contains items that may need special handling, such as asbestos, chemicals, fuel, sharps, animal waste, invasive plant material, or other hazardous waste. We are not obliged to remove hazardous or regulated waste, and we may suspend the job if such material is discovered unexpectedly. Any additional compliance steps, specialist disposal costs, or protective equipment needed for that waste may be charged separately.

We may leave waste on your property in an agreed location for collection or composting if that is part of the service. If you choose to retain garden waste on site, you are responsible for its lawful storage and further disposal. You must not ask us to dispose of waste in a way that would breach environmental law, local rules, or the duty of care. We reserve the right to refuse any instruction that may be unlawful or unsafe.

7. Quality, Access, and Property Conditions

You agree to provide safe access to the property at the agreed time and to ensure that gates, paths, and work areas are reasonably clear. If we cannot gain access, or if access is delayed because of locked gates, parking restrictions, or missing codes, the appointment may be shortened, rescheduled, or charged as a failed visit. We may use ladders, cutting tools, powered equipment, and other standard gardening tools, and you must keep others away from operational areas.

We will take reasonable care to avoid unnecessary damage to lawns, paving, borders, and surrounding property. However, some disturbance is unavoidable in normal gardening work, especially where soil is soft, roots are dense, or plants are overgrown. We are not liable for minor scuffing, compression, or surface disruption that is reasonably incidental to the service. If you require special precautions, you should inform us before the job starts.

Any claim that the service was not performed with reasonable skill and care must be raised within a reasonable time after completion and, where possible, with photographs or a clear description of the issue. We may inspect the concern and, where appropriate, offer to remedy the problem, adjust the invoice, or provide another fair resolution. If you use a third party to alter the completed work without giving us an opportunity to inspect, this may affect any claim.

8. Changes to Terms, Termination, and Governing Law

We may update these Terms and Conditions from time to time to reflect legal, operational, or service changes. The version in force at the time of your booking will apply to that booking unless a different version is expressly agreed in writing. If any clause is found to be invalid or unenforceable, the remaining clauses shall continue in full force and effect.

Either party may terminate an ongoing arrangement by giving reasonable notice, unless the arrangement is for a fixed one-off service that has already been scheduled or partly performed. We may end the agreement immediately if you commit a serious breach, fail to pay, provide unsafe access, or request unlawful conduct. On termination, you must pay for work already completed and any reasonable costs already incurred.

These Terms and Conditions and any dispute or claim arising from them shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where consumer law gives you the right to bring proceedings elsewhere. By booking with Gardeners Merton Park, you confirm that you have read, understood, and accepted these terms.