Terms And Conditions

Gardeners Rainham Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Rainham to residential and commercial customers. By booking or receiving any service, 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:

Customer means the individual or business purchasing services from Gardeners Rainham.

Services means any gardening, garden maintenance, clearance, landscaping or related works provided by Gardeners Rainham.

Contract means the agreement between the Customer and Gardeners Rainham comprising these Terms and Conditions and any written quotation or booking confirmation.

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

2. Scope of Services

Gardeners Rainham provides general gardening, garden maintenance, lawn care, hedge cutting, pruning, planting, garden clearance, and related outdoor services within its service area. The exact scope of work for any booking will be confirmed in writing through a quotation or booking confirmation before the Services commence.

All descriptions of Services are for guidance only. Gardeners Rainham reserves the right to adapt working methods to suit the Site conditions and to comply with health and safety requirements, provided the overall nature of the Services remains substantially as agreed.

3. Booking Process

3.1 Initial enquiry

Customers may request a quotation or make a booking by contacting Gardeners Rainham through its usual communication channels. Following an enquiry, Gardeners Rainham may request details about the garden, photographs, or arrange a Site visit to assess the work required.

3.2 Quotations

Any quotation provided is based on the information supplied by the Customer and, where applicable, a Site visit. Quotations will normally specify whether the price is fixed for a defined scope of work, or based on an hourly or daily rate.

Unless expressly stated otherwise, quotations are valid for 30 days from the date of issue. Acceptance of a quotation by the Customer constitutes an offer to purchase the Services on these Terms and Conditions.

3.3 Acceptance and confirmation

A Contract is formed only when Gardeners Rainham confirms the booking in writing, which may be by message, letter, or other written form. Gardeners Rainham reserves the right to decline any booking at its discretion.

3.4 Changes to bookings

If the Customer wishes to change the date, time, or scope of Services after a booking is confirmed, Gardeners Rainham will attempt to accommodate the request but cannot guarantee availability. Any changes may require a revised quotation and may affect the price and timescale.

4. Access and Customer Responsibilities

The Customer must provide safe and reasonable access to the Site on the agreed date and time. This includes access through gates, communal areas, or other routes necessary for moving tools, machinery, and green waste.

The Customer is responsible for:

Ensuring that all pets, children, and other occupants are kept away from the working area while Services are carried out.

Informing Gardeners Rainham of any known hazards at the Site, including uneven ground, hidden cables or pipes, or previous use of chemicals.

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

If Gardeners Rainham cannot gain access to the Site or is unable to work safely due to circumstances within the Customer’s control, the visit may be treated as a cancellation and a call-out or cancellation fee may be charged as set out in these Terms and Conditions.

5. Pricing and Payments

5.1 Prices

Prices will be set out in the quotation or booking confirmation and may be calculated on a fixed-price basis or as an hourly or daily rate. Any additional works requested on the day that fall outside the agreed scope may be charged separately.

Unless expressly stated, prices do not include the supply of plants, decorative materials, or disposal fees for large volumes of waste. These items will be priced and agreed separately where applicable.

5.2 Deposits

Gardeners Rainham may require a deposit, particularly for large jobs, bespoke projects, or where materials and plants must be ordered in advance. The amount and due date of any deposit will be specified in the quotation or booking confirmation.

Deposits are generally non-refundable except where Gardeners Rainham cancels the Contract without fault on the part of the Customer, or where otherwise required by law.

5.3 Payment terms

Unless otherwise agreed in writing, payment is due immediately upon completion of the Services. For longer projects, staged payments may be required at agreed milestones.

Accepted payment methods will be confirmed directly by Gardeners Rainham. The Customer must ensure that payment is made in full and on time.

5.4 Late payment

In the event of late payment, Gardeners Rainham reserves the right to:

Charge interest on overdue sums at the statutory rate applicable under English law.

Withhold further Services until all outstanding amounts are paid in full.

Recover reasonable costs incurred in pursuing payment, including administrative and recovery expenses.

6. Cancellations and Rescheduling

6.1 Customer cancellations

If the Customer wishes to cancel or reschedule a booking, notice must be provided as early as possible. The following will normally apply unless otherwise agreed:

Cancellations or rescheduling with more than 48 hours notice before the scheduled start time will usually incur no charge, except for non-refundable deposits or special-order materials already purchased.

Cancellations or rescheduling with less than 48 hours notice may incur a cancellation fee up to a reasonable proportion of the quoted price, to cover lost time and costs.

Where the team attends the Site but cannot gain access or cannot work safely due to the Customer’s act or omission, Gardeners Rainham may charge a call-out fee equivalent to some or all of the agreed charge.

6.2 Cancellations by Gardeners Rainham

Gardeners Rainham aims to honour all bookings but may need to cancel or reschedule due to severe weather conditions, staff illness, equipment failure, or other circumstances beyond reasonable control.

In such cases, Gardeners Rainham will notify the Customer as soon as reasonably possible and will offer an alternative date. If the Customer does not wish to reschedule, any pre-paid amounts for the cancelled visit will be refunded, less any amounts already spent on non-returnable materials for the Customer.

7. Weather and Site Conditions

Gardening work is affected by weather and seasonal conditions. Gardeners Rainham reserves the right to postpone or modify Services if, in its professional opinion, conditions make it unsafe or impractical to proceed. This may include heavy rain, high winds, freezing conditions, or extreme heat.

Where work must be postponed for weather-related reasons, Gardeners Rainham will liaise with the Customer to arrange a new appointment. Postponement due to adverse weather will not normally constitute a breach of Contract.

8. Materials, Plants and Guarantees

8.1 Supply of materials and plants

Where the quotation includes the supply of materials or plants, Gardeners Rainham will endeavour to source these in accordance with the agreed specification. If a particular variety or product is unavailable, a suitable alternative of similar quality and value may be proposed, subject to the Customer’s approval.

8.2 Plant establishment

Once plants are installed and the Services completed, their ongoing health and survival will depend heavily on aftercare, including watering, feeding, and protection from pests and diseases. Unless a separate maintenance contract is in place, Gardeners Rainham cannot guarantee the long-term survival of plants, turf, or seeds after completion.

Any specific aftercare recommendations provided should be followed by the Customer. Failure to do so may invalidate any discretionary assurances given regarding plant performance.

9. Waste Handling and Regulations

9.1 Green waste

Gardeners Rainham will normally collect and tidy green waste arising from the work, such as grass cuttings, hedge trimmings, and prunings. The default arrangement will be specified in the quotation or booking confirmation and may include:

Leaving green waste neatly bagged or stacked on Site for the Customer to dispose of, or

Removing green waste from the Site, subject to an additional charge to cover disposal and transport costs.

9.2 Other waste

Soil, rubble, old fencing, garden furniture, and non-green waste are not included in standard green waste removal. If the Customer requires removal of such items, this must be agreed in advance and may involve additional charges, in accordance with relevant waste regulations.

9.3 Compliance with waste laws

Gardeners Rainham will handle and dispose of waste in compliance with applicable environmental and waste management regulations. The Customer agrees not to request or permit any unlawful disposal of waste and acknowledges that breaches of waste regulations may result in legal consequences.

10. Liability and Insurance

10.1 Reasonable care

Gardeners Rainham will exercise reasonable skill and care in performing the Services, consistent with normal professional practice for gardening and garden maintenance work.

10.2 Limits of liability

To the fullest extent permitted by law, Gardeners Rainham will not be liable for:

Any indirect or consequential losses, including loss of enjoyment, loss of business, or loss of profit.

Damage resulting from pre-existing structural issues, hidden defects, or underground services that were not reasonably apparent or disclosed.

Damage or loss arising from the Customer’s failure to follow aftercare advice or maintenance recommendations.

Gardeners Rainham’s total liability under any Contract, whether in contract, tort, or otherwise, shall not exceed the total price paid or payable by the Customer for the Services giving rise to the claim, except in cases of death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10.3 Insurance

Gardeners Rainham maintains public liability insurance suitable for the nature of its gardening activities. Details of cover can be provided upon request.

11. Customer Property and Damage

The Customer is responsible for securing any items on the Site that may be vulnerable to accidental damage, including ornaments, garden furniture, pots, and decorations. While Gardeners Rainham will take reasonable care, the working environment involves tools and machinery, and minor scuffs or incidental damage to surfaces may occur.

Any concerns regarding damage must be reported to Gardeners Rainham as soon as reasonably possible and, in any event, within 7 days of completion of the relevant work, so that an appropriate assessment can be made.

12. Complaints and Dispute Resolution

Gardeners Rainham aims to provide a professional and reliable service. If the Customer is dissatisfied with any aspect of the Services, the Customer should raise the issue promptly, ideally within 48 hours of completion of the work in question.

Upon receiving a complaint, Gardeners Rainham will review the concerns, may request photographs or a Site visit, and will seek to resolve the matter fairly. This may involve rectifying work where reasonable and proportionate.

If a dispute cannot be resolved informally, both parties agree to consider in good faith any appropriate form of alternative dispute resolution before pursuing legal action.

13. Health and Safety

Gardeners Rainham will conduct Services in accordance with relevant health and safety laws and industry practices. The Customer agrees to co-operate with any reasonable requests made to ensure safety at the Site, including keeping children and pets away from tools, chemicals, and machinery.

Certain tasks may involve the use of ladders, power tools, and garden chemicals. Gardeners Rainham may refuse to carry out any activity it considers unsafe or in breach of health and safety guidelines.

14. Data Protection and Privacy

Gardeners Rainham will collect and use personal information from Customers only to the extent necessary to manage enquiries, provide quotations, deliver Services, arrange payments, and comply with legal obligations.

Customer details will be stored securely and will not be sold to third parties. Information may be shared with trusted partners or service providers where this is necessary to perform the Services, subject to appropriate safeguards.

15. Variations to these Terms

Gardeners Rainham may update or amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to the relevant Contract. Any material changes will be made available to Customers on request.

16. Governing Law and Jurisdiction

These Terms and Conditions and any Contract between Gardeners Rainham and the Customer shall be governed by and construed in accordance with the laws of England and Wales.

Both 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, the Services, or any Contract.

17. Severability

If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed severed and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms and Conditions, together with any written quotation or booking confirmation, constitute the entire agreement between the Customer and Gardeners Rainham in relation to the Services and supersede any prior discussions, correspondence, or understandings.

No variation to the Contract will be binding unless agreed in writing by Gardeners Rainham.