Gardeners Lamorbey Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Lamorbey provides gardening and related services to residential and commercial customers. By booking or using our services, 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 Lamorbey, the gardening service provider.
Customer means the person or organisation requesting and paying for the services.
Services means gardening and associated services provided by the Company, including but not limited to lawn care, hedge trimming, planting, garden maintenance, garden tidy-ups, soft landscaping, and related work.
Property means the garden, grounds, or other outdoor areas at which the Services are to be provided.
Agreement means the contract between the Company and the Customer incorporating these Terms and Conditions and any confirmed quotation or booking details.
2. Scope of Services
The Company will provide the Services as agreed with the Customer at the time of booking or as set out in an accepted quotation. The scope of work may include regular maintenance or one-off gardening services. Any description of services given in marketing material is for general guidance and does not form part of the Agreement unless expressly confirmed in writing.
The Company reserves the right to refuse work that it considers unsafe, unsuitable, unlawful, or beyond its professional capabilities, including work at unsafe heights or involving hazardous materials.
3. Booking Process
Bookings may be made by the Customer through the Companys usual enquiry and booking channels. When making a booking, the Customer must provide accurate information about the Property, including access details, garden size, and any special features such as slopes, water features, or restricted areas.
The Company may provide an estimate or quotation based on the information supplied. In some cases, a site visit may be required before confirming the price. The Agreement is formed when the Customer accepts the quotation or booking details and the Company confirms the booking and appointment date.
The Customer is responsible for ensuring that a person authorised to approve the work is available on site, or that clear instructions are provided in advance. If the Customer is not present, the Company will proceed according to the agreed scope and cannot accept liability for differences in personal expectations where the work has been carried out with reasonable skill and care.
4. Pricing and Quotations
Prices for the Services are set out in the quotation or as otherwise agreed during the booking process. Quotations are normally based on the information supplied by the Customer and, where applicable, findings from any site visit.
Unless stated otherwise, quotations are valid for a limited period from the date they are issued. The Company reserves the right to amend or withdraw a quotation if the Customer does not confirm the booking within that period or if the information originally provided proves to be materially inaccurate.
If, during the performance of the Services, it becomes apparent that additional work is required or that the scope of work has materially changed, the Company will inform the Customer and may provide a revised price. Additional work will only be carried out with the Customers approval, except where health and safety measures are required immediately.
All prices are quoted in pounds sterling. Any applicable taxes will be included in the total price notified to the Customer, unless expressly stated otherwise.
5. Access to the Property
The Customer must ensure that the Company has safe and reasonable access to the Property and any relevant areas for the duration of the appointment, including access to external power and water supplies where needed.
The Customer is responsible for securing any pets, informing the Company of any known hazards such as uneven ground, ponds, or sharp objects, and ensuring that the work area is free from obstructions so far as reasonably possible.
If the Company is unable to gain access to the Property or to carry out the Services due to circumstances within the Customers control, the visit may be treated as a late cancellation and charges may apply as set out in the cancellation terms.
6. Customer Obligations
The Customer agrees to provide accurate information relating to the Property and requested Services, to co-operate reasonably with the Company, and to follow any safety advice given by the Company during and after the provision of Services.
The Customer must inform the Company of any restrictions imposed by landlords, management companies, local authorities, or similar bodies that may affect the Services, including access times or noise restrictions.
It is the Customers responsibility to obtain any necessary permissions, consents, or permits relating to the work, including but not limited to tree preservation orders, planning permissions, and restrictions relating to boundaries or shared spaces.
7. Payments and Invoicing
Payment terms will be confirmed at the time of booking or as stated on the invoice. Unless otherwise agreed, payment is due immediately upon completion of the Services or within the period stated on the invoice.
The Company may request a deposit or advance payment for certain types of work, such as larger projects, work requiring materials to be pre-ordered, or at its reasonable discretion. Deposits are typically non-refundable once materials have been purchased or specific labour has been allocated, subject to statutory rights.
Payment can be made using the methods notified by the Company from time to time. The Customer is responsible for ensuring that payments are made in full and on time. If payment is not received by the due date, the Company reserves the right to suspend further services, charge interest on late payments at the statutory rate, and recover any reasonable costs incurred in pursuing overdue sums.
8. Cancellations, Rescheduling and Missed Appointments
The Customer may cancel or request to reschedule an appointment, subject to giving reasonable notice. Specific notice periods and any applicable fees may be notified at the time of booking.
Where the Customer cancels or reschedules an appointment with insufficient notice, the Company may charge a cancellation fee to cover time allocated, travel, and any preparatory work already undertaken.
If the Company arrives at the Property and is unable to carry out the work because of issues within the Customers control, including but not limited to lack of access, health and safety concerns, or the absence of required permissions, the visit may be treated as a late cancellation and a charge may apply.
The Company reserves the right to cancel or reschedule appointments due to adverse weather conditions, staff illness, vehicle breakdown, or other circumstances beyond its reasonable control. In such cases, the Company will offer an alternative date and time as soon as reasonably possible. The Company will not be liable for any consequential loss arising from such cancellations or delays.
9. Materials, Plants and Equipment
Where materials, plants, or products are supplied by the Company, these will be of suitable quality for their intended purpose. The Customer accepts that the appearance and performance of living plants are subject to environmental conditions and ongoing care that are outside the Companys control.
Any guarantees relating to plants or materials will be limited to those expressly confirmed by the Company. The Company is not responsible for plant failure or deterioration where reasonable aftercare advice has not been followed, or where external factors such as extreme weather, pests, or disease are present.
All tools and equipment used in carrying out the Services remain the property of the Company. The Customer must not use or interfere with the Companys equipment without express permission.
10. Waste Removal and Environmental Regulations
Garden waste handling will be agreed in advance of the work. In many cases, the Company can bag or stack garden waste for the Customers own disposal via domestic green waste collections or local recycling facilities.
If the Customer requests removal of green waste or other garden refuse, this may incur an additional charge to cover transport, disposal fees, and handling time. The Company will inform the Customer of these charges before proceeding.
The Company complies with applicable UK regulations regarding the transport and disposal of waste. Garden waste will not be burned or disposed of illegally. The Company will not remove hazardous waste, contaminated soil, or materials such as asbestos, chemicals, or electrical items.
The Customer is responsible for informing the Company of any known contamination or issues affecting soil, plants, or water at the Property. The Company may refuse to handle or remove materials where there is a risk to health, safety, or the environment.
11. Health and Safety
The Company will conduct the Services in accordance with reasonable health and safety practices and any applicable regulations. The Customer agrees to support a safe working environment by following any instructions provided and by ensuring that children, pets, and other occupants are kept away from hazardous areas while work is in progress.
The Company will not be responsible for accidents or injuries arising from misuse of tools, equipment, or materials by the Customer or third parties.
12. Liability and Limitations
The Company will perform the Services with reasonable skill and care. If the Customer is dissatisfied with any aspect of the work, they should inform the Company as soon as possible so that any reasonable remedial action can be considered.
To the fullest extent permitted by law, the Companys total liability to the Customer arising out of or in connection with the Agreement 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 enjoyment, loss of anticipated savings, or any indirect or consequential loss arising from the Services, delays, or cancellations, except where such limitation is not permitted by law.
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 or limited.
13. Property Damage
The Company will take reasonable care to avoid damage to property, structures, plants, and features while performing the Services. However, minor damage may be unavoidable when carrying out gardening work, especially where access is restricted or where existing structures or plants are fragile.
The Customer must inform the Company of any underground services, cables, or pipes and any hidden features that could reasonably be expected to affect the work. The Company cannot accept liability for damage to unmarked or unidentified underground installations that are not reasonably apparent.
14. Complaints and Dispute Resolution
If the Customer has a concern or complaint about the Services, they should contact the Company promptly with details of the issue. The Company will review the matter and, where appropriate, may inspect the Property and propose reasonable steps to address the concern.
The Customer agrees to give the Company a fair opportunity to remedy any defects in the Services before seeking alternative remedies, except where immediate action is required by law.
15. Privacy and Data Protection
The Company may collect and use personal information about the Customer, such as name, address, and contact details, for the purposes of providing the Services, managing bookings, handling payments, and communicating about appointments and quotations.
The Company will handle personal data in line with applicable UK data protection laws and will not sell personal information to third parties. Information may be shared with service providers such as payment processors where necessary to deliver the Services.
16. Changes to Terms and Conditions
The Company reserves the right to update or amend these Terms and Conditions from time to time. Any changes will apply to new bookings from the date the updated Terms and Conditions are made available. Existing Agreements will continue to be governed by the Terms and Conditions in place at the time of booking, unless otherwise agreed with the Customer.
17. Governing Law and Jurisdiction
These Terms and Conditions, and any Agreement between the Company and the Customer, are governed by the laws of England and Wales. Any disputes arising out of or in connection with the Services or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the remaining provisions shall continue in full force and effect.
By proceeding with a booking or allowing the Services to commence, the Customer confirms that they have read, understood, and agree to these Terms and Conditions.