Gardeners Falconwood Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Falconwood provides gardening and related services to residential and commercial clients. By placing a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming your booking.

1. Definitions

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

Client means the person, company, or organisation requesting the services.

Company means Gardeners Falconwood, the provider of the services.

Services means any gardening, garden maintenance, landscaping, clearance, or related works provided by the Company.

Site means the garden, outdoor area, or property where the Services are to be carried out.

Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation or schedule of work.

2. Scope of Services

The Company offers a range of gardening and garden maintenance services, which may include lawn care, hedge cutting, pruning, planting, weeding, garden clearance, soft landscaping, and related outdoor services. The exact scope of work for each job will be confirmed in writing, typically by way of quotation, schedule, or booking confirmation.

Any descriptions, images, or examples of previous work are provided for general information and illustration only. The Services provided will be as described in the specific quotation or written agreement for the Client.

3. Booking Process

3.1 Initial enquiries

Clients may request a quotation or make a booking enquiry for gardening services. The Company may request information about the Site, including size, access, current condition, and any particular requirements or hazards. The Client must provide accurate and complete information to enable the Company to prepare an appropriate quotation.

3.2 Quotations

Quotations are usually provided on a fixed-price or hourly-rate basis, depending on the nature and scope of the work. Unless otherwise stated, quotations are valid for a limited period from the date of issue. The Company reserves the right to revise or withdraw a quotation if the information provided by the Client is found to be incomplete or inaccurate, or if the condition of the Site has materially changed.

3.3 Accepting a booking

A booking is not confirmed until the Client has accepted the quotation or proposal in writing or by clear verbal confirmation and the Company has acknowledged the booking. For some Services, a deposit or pre-payment may be required to secure the booking. The Company reserves the right to decline or postpone any booking at its discretion.

3.4 Access and scheduling

The Client must ensure that the Company has safe and reasonable access to the Site on the agreed dates and times. This includes clear routes to the garden, unlocked access points where authorised, and any necessary instructions for entry. The Company will use reasonable efforts to attend on the agreed date and time, but all times are estimates and may be subject to delays arising from traffic, weather, or unforeseen circumstances.

4. Client Responsibilities

The Client is responsible for ensuring that the Site is suitable for the Services to be carried out. This includes:

Ensuring that pets, children, and other persons are kept away from work areas for safety.

Informing the Company of any known hazards, such as uneven ground, hidden cables, pipes, or contaminated soil.

Securing any valuable or fragile items that may be at risk during the performance of the Services.

Obtaining any permissions, consents, or approvals required from neighbours, landlords, management companies, or local authorities where applicable.

If the Company is unable to carry out the Services due to lack of access, safety concerns, or failure by the Client to comply with these responsibilities, the Company may charge a call-out fee or the full agreed price at its discretion.

5. Payments and Charges

5.1 Pricing

Prices will be as stated in the quotation or booking confirmation. Prices may be based on an hourly rate, a fixed price for the job, or a recurring service fee. The Company reserves the right to charge for additional time or materials where the scope of work exceeds that initially agreed, provided that the Client has been informed and has given consent for the additional work.

5.2 Payment terms

Unless otherwise agreed in writing, payment is due on completion of the Services for one-off jobs, or at the agreed intervals for ongoing maintenance contracts. The Company may, at its discretion, require partial or full payment in advance, especially for large or specialist projects.

Accepted methods of payment will be confirmed by the Company. Cash payments, where accepted, should be made directly to the Company representative and a receipt will be issued if requested.

5.3 Late payment

If the Client fails to pay any amount due under the Agreement by the due date, the Company reserves the right to:

Charge interest on the overdue amount at a reasonable rate from the due date until payment is received in full.

Suspend or cancel any further bookings or Services for the Client until outstanding sums have been settled.

Recover from the Client any reasonable costs incurred in pursuing late or non-payment, including debt recovery or legal costs.

6. Cancellations and Amendments

6.1 Client cancellations

If the Client wishes to cancel or reschedule a booking, they should provide as much notice as reasonably possible. For standard gardening visits, the Company may apply the following terms unless otherwise agreed:

Cancellations made with sufficient notice may incur no charge.

Late cancellations or same-day cancellations may be charged in full or subject to a cancellation fee, to cover the Company’s time and loss of opportunity.

Any deposit paid may be non-refundable if cancellation occurs within a specified period prior to the scheduled visit, especially for larger projects where materials have been purchased or staff booked specifically.

6.2 Company cancellations

The Company reserves the right to cancel or postpone a booking due to adverse weather, staff illness, safety concerns, or other circumstances beyond its reasonable control. In such cases, the Company will seek to reschedule the appointment at a mutually convenient time and will not be liable for any indirect loss or costs arising from the change.

6.3 Changes to the scope of work

If the Client requests changes or additions to the agreed Services, the Company will, where practical, accommodate the request and may revise the price and timeframe accordingly. Any significant alteration to the scope of work should be confirmed in writing.

7. Performance of Services

The Company will perform the Services with reasonable care and skill, in accordance with good horticultural practice and industry standards. Timescales for completion are estimates only, as gardening work is often influenced by weather, seasonal conditions, and the natural growth of plants.

The Client acknowledges that horticultural results cannot be guaranteed. Outcomes such as plant growth, flowering, and long-term lawn condition depend on ongoing care, weather patterns, soil quality, and other factors beyond the Company’s control. The Company will provide reasonable advice for aftercare where appropriate, but the Client remains responsible for implementing that advice.

8. Tools, Equipment, and Materials

Unless otherwise stated, the Company will provide its own tools, machinery, and equipment necessary to carry out the Services. If the Client’s own tools or equipment are used, this is entirely at the Client’s risk and the Company will not be liable for any damage to such items.

Any plants, turf, soil, aggregates, or other materials supplied by the Company will be of reasonable quality and suitable for their intended purpose based on the information provided by the Client. Natural materials may vary in appearance and the Company does not warrant uniformity of colour, size, or texture.

9. Waste Removal and Environmental Regulations

9.1 Green waste

Where garden waste is generated as part of the Services, the Company will deal with it in one of the following ways, as agreed with the Client:

Leaving the waste neatly bagged or piled on Site for the Client to dispose of.

Using the Client’s own composting facilities, garden waste bin, or other on-site disposal arrangements if available and authorised.

Removing the waste from the Site for disposal at an authorised facility, which may incur an additional charge.

9.2 Waste regulations

The Company will comply with applicable waste and environmental regulations when transporting and disposing of green waste and any other materials arising from its work. The Client agrees not to request disposal methods that would breach such regulations or local requirements.

Where non-green waste is present on Site, such as rubble, plastics, or general household rubbish, this must be disclosed in advance. Additional charges may apply for its removal, and the Company reserves the right to refuse handling of prohibited or hazardous materials.

10. Health and Safety

The Company is committed to carrying out its work safely and in accordance with relevant health and safety requirements. Clients and any occupants of the property must follow any reasonable instructions given by the Company to ensure a safe working environment.

The Client must inform the Company in advance of any potential hazards at the Site, including unstable structures, ponds, sharp objects, or harmful substances. If the Site is considered unsafe, the Company may suspend or cancel the work until the issue is resolved.

11. Liability and Insurance

11.1 Company liability

The Company shall take reasonable care to avoid damage to the Client’s property while carrying out the Services. However, the Company’s total liability for any direct loss or damage arising from negligence or breach of contract shall be limited to the value of the job in question or any amount recoverable under the Company’s relevant insurance policy, whichever is greater.

The Company will not be liable for any indirect or consequential loss, such as loss of enjoyment, loss of profits, or loss of use of the property, howsoever caused.

11.2 Exclusions

The Company shall not be liable for:

Damage resulting from pre-existing defects, structural weaknesses, or hidden hazards at the Site.

Damage or loss arising from the Client’s failure to follow advice or instructions regarding aftercare of lawns, plants, or newly landscaped areas.

Loss or damage caused by extreme weather, pests, diseases, or other natural events beyond the Company’s control.

Any issues arising from the use of materials, plants, or products specified or supplied by the Client.

Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

12. Complaints and Defects

If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, preferably within a reasonable time of the work being carried out. The Company will investigate the complaint and, where appropriate, may arrange a visit to inspect the work and discuss any concerns.

Where the Company is found to be at fault, it may, at its discretion, offer to rectify the issue, provide a partial refund, or take other reasonable remedial action. The Client should give the Company a fair opportunity to remedy any defect before seeking alternative solutions.

13. Termination

For ongoing maintenance contracts, either party may terminate the Agreement by giving reasonable written notice in accordance with the terms of the specific contract. The Company may terminate the Agreement immediately if the Client commits a serious breach of these Terms and Conditions, fails to pay sums due, or behaves in a manner that makes continuation of the Services unreasonable.

On termination, the Client shall pay the Company for all Services provided up to the date of termination, together with any agreed charges for materials or costs incurred specifically for the Client’s project.

14. Data Protection and Privacy

The Company will collect and use personal information provided by the Client, such as name, address, and contact details, for the purposes of supplying the Services, managing bookings, and handling payments. The Company will take reasonable steps to keep such information secure and will not sell or share it with unrelated third parties except as required by law or where necessary to deliver the Services.

15. Amendments to These Terms

The Company may update or revise these Terms and Conditions from time to time. The version in force at the time of confirming a booking will apply to that particular Agreement. Any changes will not affect existing confirmed bookings unless required by law.

16. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that 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 their subject matter.

17. General Provisions

If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court or competent authority, the remaining provisions shall continue in full force and effect. Any failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall not constitute a waiver of that or any other right or remedy.

These Terms and Conditions, together with any written quotation, schedule of work, or other agreed documentation, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior understandings or representations, whether oral or written.