Gardeners Merton Park Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Merton Park provides gardening and related services to residential and commercial customers in the United Kingdom. By booking or receiving any services from Gardeners Merton Park, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

1. Definitions

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

Company means Gardeners Merton Park, the provider of the services.

Customer means the person, firm, or business requesting or receiving the services from the Company.

Services means gardening, garden maintenance, landscaping, soft landscaping, hedge trimming, lawn care, planting, clearance, and any other related services that the Company agrees to provide.

Site means the property, garden, or outdoor space where the Services are to be provided.

Agreement means the contract formed between the Company and the Customer in accordance with these Terms and Conditions and any written confirmation of booking.

2. Scope of Services

The Company will provide the Services as agreed with the Customer at the time of booking and as later confirmed in writing where applicable. The description of the Services will be based on the information supplied by the Customer and, where necessary, an assessment of the Site by the Company.

Any additional work requested by the Customer that falls outside the original scope may be subject to extra charges, which will be agreed before the additional work is carried out. The Company reserves the right to decline work that falls outside its normal scope or that it considers unsafe, unlawful, or unsuitable.

3. Booking Process

Bookings may be made by the Customer through the methods made available by the Company from time to time, such as by online enquiry or written request. The Customer must provide accurate and complete information about the Site, the required Services, and any access constraints.

A booking will not be considered confirmed until the Company has notified the Customer that the booking is accepted. This may include providing a written confirmation, quotation, or schedule of works. The Company may refuse a booking at its discretion, including where there is insufficient capacity, where the Site is not suitable, or where the Customer has outstanding payments due.

For larger or ongoing projects, the Company may carry out an initial Site visit to assess requirements. Any indicative prices given before such an assessment are estimates only and are subject to change following inspection. The final quotation provided after inspection will supersede any prior indications of price.

4. Quotation and Pricing

Quotations are based on information provided by the Customer and any Site visit carried out by the Company. Unless stated otherwise, quotations are valid for a limited time period specified by the Company and may be withdrawn or amended if not accepted within that period.

Prices may be calculated on an hourly, daily, or fixed-fee basis, or according to a schedule of rates, as specified in the quotation or booking confirmation. Prices are exclusive of waste disposal charges, materials, and specialist equipment hire unless expressly stated otherwise. Any additional costs will be clearly communicated to the Customer prior to work commencing or as soon as reasonably practicable.

Where the scope of work changes due to inaccurate information supplied by the Customer, unforeseen conditions at the Site, or Customer requests, the Company reserves the right to adjust the price accordingly.

5. Access and Customer Obligations

The Customer must ensure that the Company and its personnel have clear, safe, and reasonable access to the Site at the agreed times. This includes providing any keys, codes, or instructions required for entry and ensuring that access routes are unobstructed.

The Customer is responsible for informing the Company of any hazards, restrictions, underground services, tree preservation orders, conservation area controls, or other legal or physical issues that may affect the Services. If the Customer fails to provide such information, the Company will not be liable for delays, additional costs, or damage arising from those undisclosed matters, except where this cannot be excluded by law.

The Customer must ensure that pets, children, and other persons are kept away from work areas for the duration of the Services and while machinery is in use. The Customer must not interfere with or obstruct the Company while it is carrying out the Services.

6. Health and Safety

The Company will carry out the Services in accordance with applicable health and safety laws and reasonable industry practice. The Company may suspend or modify the Services if, in its opinion, there is a health and safety risk that cannot be managed adequately.

The Customer agrees to follow any safety instructions given by the Company during the performance of the Services and to maintain a safe environment at the Site. The Company may refuse to work or may leave the Site if it considers conditions unsafe. In such cases, the Customer may still be responsible for any costs incurred up to that point and any reasonable call-out charges.

7. Materials, Plants, and Equipment

Where the Company supplies materials, plants, or equipment, it will use reasonable care to ensure they are of satisfactory quality and suitable for their intended purpose. Natural products, including plants, turf, and soil, are subject to variations in appearance and performance. The Company cannot guarantee specific growth, flowering, or long-term survival, as these depend on factors beyond its control, including weather, pests, and the Customer’s aftercare.

Title to any plants, materials, or products supplied by the Company shall not pass to the Customer until full payment has been received. The Company reserves the right to recover any unpaid items to the extent permitted by law.

8. Waste Removal and Environmental Regulations

The Customer is responsible for clarifying at the time of booking whether garden waste removal is required. Unless expressly included in the quotation, the Services will not automatically include the removal of cuttings, soil, turf, or other waste.

Where waste removal is included or requested, the Company will dispose of garden waste in accordance with applicable UK regulations and local authority requirements. The Company will not remove hazardous waste, contaminated soil, or non-garden refuse. If the Company encounters such materials, it may suspend work and discuss alternative arrangements or additional charges with the Customer.

The Customer must not request the Company to dispose of waste in a way that breaches environmental or waste management regulations. The Company reserves the right to refuse any such request.

9. Payments and Invoicing

The Customer agrees to pay the price for the Services as stated in the quotation or booking confirmation, together with any additional agreed charges. Payment terms will be communicated to the Customer and may include requirements for deposits or advance payments, particularly for larger projects or where substantial materials must be purchased.

Unless otherwise stated, invoices are payable within the timeframe specified on the invoice. The Company may suspend or cancel further work if payment is not received by the due date. The Company may also charge interest on overdue amounts at the statutory rate permitted under UK law for late payment, accruing on a daily basis until payment is made in full.

Payment methods accepted by the Company will be notified to the Customer. The Company is not responsible for any bank charges or transaction fees incurred by the Customer in making payment.

10. Cancellations and Rescheduling

The Customer may cancel or reschedule a booking by providing reasonable notice before the scheduled start time. The minimum notice period required and any associated fees will be communicated by the Company at the time of booking or in its current cancellation policy.

Where the Customer cancels with insufficient notice, the Company reserves the right to charge a cancellation fee, which may be a fixed amount or a percentage of the estimated total price, to cover lost time and costs incurred. Where materials have already been purchased specifically for the Customer, the Company may charge the Customer for those materials if they cannot be reused or returned.

The Company may cancel or reschedule a booking where necessary due to reasons including severe weather, staff illness, equipment failure, safety concerns, or other circumstances beyond its reasonable control. In such cases, the Company will seek to provide as much notice as possible and will aim to offer an alternative date. The Company will not be liable for any indirect or consequential losses arising from such cancellations or rescheduling.

11. Changes to Bookings

If the Customer wishes to change the scope, timing, or location of the Services after a booking has been confirmed, the Customer should contact the Company as soon as possible. The Company will consider the requested changes and will confirm whether they can be accommodated and whether any price adjustments or new terms apply.

The Company is under no obligation to accept changes requested at short notice or once personnel are already en route to the Site. Where a requested change cannot be accommodated and the Customer elects to cancel, the cancellation terms in these Terms and Conditions will apply.

12. Service Standards and Complaints

The Company aims to carry out the Services with reasonable care and skill and in accordance with applicable standards. If the Customer is dissatisfied with any aspect of the Services, the Customer must notify the Company as soon as reasonably practicable, giving details of the concern and allowing the Company a reasonable opportunity to inspect and, where appropriate, remedy the issue.

Complaints raised more than a short period after completion of the Services may be more difficult to assess, especially where subsequent weather, third-party actions, or Customer activities may have affected the Site. The Company will, however, consider all complaints in good faith and respond within a reasonable timeframe.

13. Liability

Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Subject to the above, the Company’s total liability arising out of or in connection with the Agreement and the Services, whether in contract, tort, or otherwise, shall be limited to the total amount paid or payable by the Customer for the specific Services giving rise to the claim.

The Company will not be liable for any loss of profit, loss of business, loss of use, loss of anticipated savings, or any indirect or consequential loss or damage arising from the provision of the Services. The Company is not responsible for pre-existing defects at the Site or for damage resulting from hidden or unknown structures, services, or conditions that could not reasonably have been identified in advance.

The Customer is responsible for moving or protecting any items of value, garden ornaments, outdoor furniture, or fragile objects before the Services commence. The Company will not be liable for damage to such items where the Customer has not removed or appropriately protected them, except where caused by the Company’s negligence and where such exclusion is not permitted by law.

14. Weather and External Factors

Certain Services are weather-dependent and may be delayed, modified, or temporarily suspended in adverse conditions such as heavy rain, high winds, extreme heat, or frost. The Company will use its professional judgement to determine whether it is appropriate to proceed and may reschedule if conditions are unsuitable.

The Company cannot guarantee specific outcomes of gardening work, including plant growth, lawn recovery, or pest resistance, as these depend on weather, soil conditions, and the Customer’s ongoing maintenance and care. Advice may be provided, but it is the Customer’s responsibility to follow any guidance on aftercare.

15. Insurance

The Company will maintain appropriate insurance cover as required by UK law and applicable to the nature of its Services. Details of insurance cover can be made available to the Customer on reasonable request.

16. Force Majeure

The Company will not be liable for any failure or delay in performing its obligations under the Agreement where such failure or delay results from events, circumstances, or causes beyond its reasonable control. These may include, but are not limited to, extreme weather, natural disasters, pandemics, acts of government, strikes, lockouts, or other industrial disputes, and failures of utility services.

In such circumstances, the Company may suspend the Services for the duration of the event or, where performance becomes impossible or impractical, may cancel the affected part of the Services, in which case the Customer will only be charged for work actually completed and reasonable costs incurred.

17. Data Protection and Privacy

The Company will handle any personal information provided by the Customer in accordance with applicable UK data protection laws. Personal information will be used for purposes including managing bookings, delivering the Services, processing payments, and communicating with the Customer.

The Company will take reasonable steps to keep personal information secure and will not sell such information to third parties. The Company may share relevant details with trusted partners or subcontractors where necessary to provide the Services, subject to appropriate safeguards.

18. Subcontracting

The Company may use subcontractors or appointed agents to carry out all or part of the Services. The Company will remain responsible for ensuring that the Services are performed in accordance with these Terms and Conditions, even where subcontractors are used.

19. Variations to Terms

The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Customer’s booking will apply to that booking. Updated terms may be provided or made available to the Customer by appropriate means.

20. 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 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 provision of the Services, subject to any mandatory rights the Customer may have under consumer protection law to bring proceedings in other competent courts.

21. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court or competent authority, that provision shall be deemed severed from the remaining provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

22. Entire Agreement

These Terms and Conditions, together with any quotation, booking confirmation, or other agreed written terms, constitute the entire agreement between the Company and the Customer in relation to the Services and supersede any prior understandings, statements, or representations, whether oral or written.

By proceeding with a booking or allowing the Services to be carried out, the Customer confirms acceptance of these Terms and Conditions.