Terms And Conditions

Gardeners Elm Park Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Elm Park provides gardening and related outdoor services to residential and commercial clients. By making a booking, accepting a quotation, or allowing our gardeners to commence work at your premises, you agree to be bound by these Terms and Conditions.

These terms are intended to be fair and transparent and to clarify the respective responsibilities of Gardeners Elm Park and the client. If you do not agree with any part of these Terms and Conditions, you should not proceed with a 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 that engages Gardeners Elm Park to provide services.

Services means gardening, garden maintenance, clearance, planting, lawn care, hedge trimming, landscaping, and any other related services supplied by Gardeners Elm Park as agreed with the client.

Agreement means the contract between the client and Gardeners Elm Park comprising these Terms and Conditions, any written quotation, and any specific written variations agreed between the parties.

Premises means the garden, outdoor area, or property at which the services are to be carried out.

2. Scope of Services

Gardeners Elm Park provides a range of gardening and outdoor services within its designated service area. The specific services to be provided will be set out in a quotation, booking confirmation, or other written communication.

All services are subject to availability, suitable weather conditions, and access to the premises. Gardeners Elm Park reserves the right to refuse or suspend services where conditions are unsafe, access is obstructed, or the nature of the work differs materially from the original description provided by the client.

3. Booking Process

Bookings may be made by contacting Gardeners Elm Park through the communication methods advertised on its official materials. Bookings are not confirmed until they have been expressly accepted by Gardeners Elm Park and a date and time have been agreed.

When requesting a booking, the client must provide accurate and complete information about the premises, the type of services required, and any relevant access or safety considerations. Gardeners Elm Park relies on this information to allocate staff, equipment, and time.

For more complex or larger projects, Gardeners Elm Park may arrange an initial visit to assess the premises and scope of work before issuing a quotation. Any such assessment does not constitute acceptance of a booking until confirmed in writing.

4. Quotations and Estimates

Gardeners Elm Park may provide either a fixed quotation or an estimate depending on the nature of the work.

A quotation is a price for specific services and is valid for a limited period as stated in the quotation. Acceptance of a quotation within the stated period forms part of the Agreement.

An estimate is an approximate price based on the information available at the time. The final price may vary to reflect the actual time, labour, materials, and disposal costs required. Where the final price is likely to exceed the estimate significantly, Gardeners Elm Park will endeavour to inform the client as soon as reasonably practicable.

5. Access to the Premises

The client must ensure that Gardeners Elm Park staff have safe and reasonable access to the premises at the agreed times. This includes arranging for gates to be unlocked, providing necessary access codes or keys where agreed, and ensuring that pets or animals are secured.

If access is not available at the agreed time and this prevents Gardeners Elm Park from carrying out the services, the visit may be treated as a late cancellation and a charge may apply as set out in the cancellations section below.

The client is responsible for informing Gardeners Elm Park of any known hazards at the premises, including uneven ground, fragile structures, ponds, cables, or buried services.

6. Client Responsibilities

The client agrees to:

Ensure that the premises are reasonably clear of obstacles that would prevent or delay the provision of services.

Provide access to water and electricity where required for the services and where it is safe and reasonable to do so.

Advise Gardeners Elm Park of any plants, trees, structures, or garden features that must not be disturbed or removed.

Comply with any instructions or guidance provided by Gardeners Elm Park in relation to the use or care of treated areas, newly planted areas, or lawns.

7. Materials, Plants, and Equipment

Where services include the supply of plants, materials, or products, Gardeners Elm Park will endeavour to source these in line with any specifications agreed with the client. However, all plants and materials are subject to availability, and reasonable substitutions of equivalent quality may be made where necessary.

Plants are living organisms and their performance is dependent on factors such as soil condition, weather, pests, and ongoing care by the client. While Gardeners Elm Park will exercise reasonable skill and care in planting and initial treatment, it cannot guarantee the long-term survival or performance of any plantings once the work has been completed and responsibility has passed to the client.

Gardeners Elm Park will provide its own professional tools and equipment unless otherwise agreed. Clients must not use Gardeners Elm Park equipment without express permission.

8. Payments and Charges

The client agrees to pay Gardeners Elm Park the charges for the services as set out in the quotation, estimate, or booking confirmation. Charges may be based on a fixed price, an hourly rate, or a schedule of rates, as communicated to the client.

Payment terms will be confirmed at the time of booking or quotation. Gardeners Elm Park may request full or partial payment in advance, particularly for larger projects or where materials need to be purchased specifically for the client.

Unless otherwise agreed in writing, payment is due on completion of the services or, for ongoing maintenance, on the date of each visit. Gardeners Elm Park reserves the right to suspend further services where invoices remain unpaid.

Late payment may result in additional charges, including reasonable administrative costs associated with chasing overdue amounts. Gardeners Elm Park may also charge interest on overdue sums in accordance with applicable law.

9. Cancellations and Rescheduling

The client may cancel or request to reschedule a booking by giving reasonable notice. The required notice period will be confirmed at the time of booking but is generally at least 24 hours before the scheduled visit for standard maintenance services and longer for larger projects.

If the client cancels or seeks to reschedule with less than the required notice, Gardeners Elm Park may apply a cancellation fee to cover lost time and costs incurred, including any materials already purchased specifically for the job.

Gardeners Elm Park reserves the right to cancel or reschedule services due to severe weather, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases, Gardeners Elm Park will endeavour to provide as much notice as practicable and will arrange a new appointment at a mutually convenient time.

10. Service Quality and Complaints

Gardeners Elm Park aims to carry out all services with reasonable skill and care. If the client is dissatisfied with any aspect of the services, they should inform Gardeners Elm Park as soon as possible so that any issues can be investigated and, where appropriate, remedied.

Complaints relating to the quality of work should be raised within a reasonable time, ideally within 48 hours of completion, and before any further work by other parties is undertaken on the same area. This enables Gardeners Elm Park to assess the situation accurately.

Where a complaint is upheld, Gardeners Elm Park may, at its discretion, re-perform the services, offer a partial refund, or provide another suitable remedy, taking into account the nature and extent of the issue.

11. Liability and Limitations

Nothing in these Terms and Conditions shall exclude or limit any liability that cannot be excluded or limited under applicable law.

Subject to the preceding paragraph, Gardeners Elm Park shall not be liable for any indirect, consequential, or economic losses arising out of or in connection with the services, including loss of enjoyment of the garden, loss of profits, or loss of opportunity.

Gardeners Elm Park will take reasonable care to avoid damage to the premises. However, the client accepts that minor wear and tear to lawns, borders, or access routes may occur as a result of normal gardening activities, particularly when heavy equipment or waste removal is involved.

Gardeners Elm Park shall not be responsible for pre-existing defects, structural weaknesses, or damage resulting from inaccurate or incomplete information supplied by the client.

Where Gardeners Elm Park is found liable for any loss or damage, its total aggregate liability in respect of any single event or series of connected events shall be limited to the total fees paid or payable by the client for the relevant services, unless a higher amount is required by law.

12. Waste Removal and Environmental Regulations

Garden waste and other materials generated during the provision of services will be dealt with in accordance with applicable waste and environmental regulations.

Unless otherwise specified in the quotation or agreed in advance, standard services do not automatically include the removal of green waste or other refuse from the premises. Where waste removal is included, this will be set out clearly, and charges may apply to cover transport, disposal fees, and labour.

Gardeners Elm Park will not remove hazardous waste, including but not limited to asbestos, chemicals, oils, or contaminated soil. The client is responsible for arranging specialist removal of such materials through appropriately licensed providers.

Where possible, Gardeners Elm Park will encourage environmentally responsible practices, such as composting suitable green waste on site, provided the client agrees and there is adequate space and suitability for such arrangements.

13. Health and Safety

Gardeners Elm Park takes health and safety seriously and will operate in accordance with applicable health and safety legislation and best practice. Clients and any third parties present at the premises must not interfere with Gardeners Elm Park equipment or obstruct working areas.

The client is responsible for ensuring that children, pets, and other individuals are kept away from equipment, tools, and active work areas for the duration of the visit. Gardeners Elm Park may suspend work if it considers that continuing would be unsafe.

14. Insurance

Gardeners Elm Park maintains appropriate insurance cover for its business activities as required by law and good industry practice. Details of insurance cover are available on request.

The client is responsible for maintaining appropriate buildings and contents insurance for their own property, including garden structures, ornaments, and fixtures.

15. Intellectual Property

Any designs, plans, planting schemes, or other creative materials produced by Gardeners Elm Park as part of its services remain the intellectual property of Gardeners Elm Park unless otherwise agreed in writing.

The client is granted a licence to use such designs and plans solely for the purpose of implementing and maintaining the garden at the premises. The client must not reproduce or share such materials for commercial use without prior written consent.

16. Data Protection and Privacy

Gardeners Elm Park will collect and use personal data about clients only as necessary to provide services, manage bookings, issue invoices, and comply with legal obligations.

Personal information will be handled in accordance with applicable data protection laws. Gardeners Elm Park will not sell client data to third parties and will only share information where required for service delivery, legal compliance, or with the clients consent.

17. Force Majeure

Gardeners Elm Park shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions where such failure or delay results from events beyond its reasonable control, including but not limited to extreme weather, natural disasters, strikes, pandemics, or the actions of government authorities.

Where a force majeure event occurs, Gardeners Elm Park will notify the client as soon as reasonably practicable and will seek to resume services once it is safe and feasible to do so.

18. Variations to the Agreement

Any changes to the scope of services, pricing, or other terms must be agreed between the client and Gardeners Elm Park. Variations may be confirmed in writing, which may include electronic communication, and will then form part of the Agreement.

Gardeners Elm Park reserves the right to update these Terms and Conditions from time to time. The version in force at the time of booking will apply to that particular engagement, unless otherwise agreed.

19. Termination

Either party may terminate an ongoing maintenance agreement by giving reasonable notice, typically at least one full service cycle in advance, unless a different notice period has been agreed in writing.

Gardeners Elm Park may terminate the Agreement with immediate effect where the client persistently fails to pay fees when due, obstructs access, creates unsafe working conditions, or otherwise materially breaches these Terms and Conditions.

Termination shall not affect any rights or obligations that have accrued prior to the date of termination, including obligations to pay for services already rendered.

20. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them, or their subject matter or formation, 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 or formation.

21. Entire Agreement

These Terms and Conditions, together with any quotation, booking confirmation, or written variation agreed between the parties, constitute the entire agreement between the client and Gardeners Elm Park in relation to the services. They supersede any prior understandings, representations, or agreements, whether oral or written.

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

By proceeding with a booking, the client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.