Terms And Conditions

Gardeners Crossness Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners Crossness provides gardening and related services to residential and commercial clients. By placing a booking or otherwise engaging Gardeners Crossness, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any service.

Definitions

In these Terms and Conditions, the following expressions shall have the meanings given below.

Client means the person, company, or organisation that requests or receives services from Gardeners Crossness.

Services means gardening, garden maintenance, landscaping, clearance, and any other work or consultation carried out by Gardeners Crossness.

Contract means the agreement between the Client and Gardeners Crossness incorporating these Terms and Conditions and any written quotation or confirmation of booking.

Site means the garden, land, or property at which the Services are to be provided.

Scope of Services

Gardeners Crossness provides a range of gardening and outdoor maintenance services which may include lawn care, pruning, planting, hedge trimming, garden tidy-ups, soft landscaping, and general grounds maintenance. The exact scope will be set out in a quotation or service confirmation provided to the Client before work commences.

Any description of Services is for identification purposes only and does not constitute a binding obligation to perform every task mentioned unless specifically set out in the Contract. Gardeners Crossness reserves the right to reasonably adapt methods, materials, and timings to achieve substantially the same outcome, subject to professional judgment and site conditions.

Booking Process

Booking of Services can be made by the Client through reasonable written or verbal communication with Gardeners Crossness. A booking is not confirmed until Gardeners Crossness has accepted it and, where applicable, provided a quotation that the Client has approved.

For certain Services, Gardeners Crossness may request photographs, measurements, or a site visit prior to confirming the booking and price. The Client must ensure that information provided is accurate and complete, as this may affect the quotation, the time required, and the outcome of the work.

Gardeners Crossness may issue either a fixed-price quotation or an estimate based on an hourly or daily rate. Fixed-price quotations apply only to the specifically described work and conditions. Estimates are subject to variation according to the actual time, access, and conditions encountered on the day of the visit.

The Client is responsible for reviewing the details of the quotation or booking confirmation, including service description, rates, and any special conditions, before giving approval. By confirming the booking, the Client accepts these Terms and Conditions.

Access and Client Obligations

The Client shall provide Gardeners Crossness with safe and reasonable access to the Site at the agreed dates and times. This includes access to any necessary areas for storage of tools and materials and, where applicable, access to water, electricity, and waste storage points.

The Client must ensure that the Site is safe and free from unnecessary hazards. The Client shall inform Gardeners Crossness in advance of any known underground services or cables, as well as any features such as ponds, underground tanks, or fragile surfaces that may affect the safe provision of Services.

If Gardeners Crossness is unable to gain access to the Site at the agreed time, or if the Site is not in a suitable condition for work to proceed, Gardeners Crossness reserves the right to charge a call-out fee or an amount reflecting the time lost and any costs incurred.

The Client shall ensure that children and pets are kept away from the work area for the duration of the visit, and for a reasonable time afterward if advised, particularly where machinery, chemicals, or new installations are involved.

Materials, Plants, and Equipment

Gardeners Crossness will supply tools, machinery, and standard materials necessary for the provision of Services, unless otherwise agreed. Any specific materials, plants, or products requested by the Client may be subject to separate charges, including delivery and handling costs.

Where plants or living materials are supplied, Gardeners Crossness will take reasonable care to ensure they are of satisfactory quality and suitable for the intended use. However, once installed, ongoing performance and survival of plants depend on factors beyond the reasonable control of Gardeners Crossness, including weather, soil conditions, pests, diseases, and the level of care provided by the Client. No guarantee is given as to growth, flowering, or long-term survival after handover, unless expressly confirmed in writing.

All Gardeners Crossness equipment remains the property of Gardeners Crossness and must not be used or moved by the Client without explicit permission.

Payments and Pricing

All prices are stated in pounds sterling and, unless otherwise indicated, are exclusive of any applicable taxes or charges imposed by law. Gardeners Crossness reserves the right to adjust prices if there are significant changes in material costs, fuel prices, or other external factors affecting the cost of providing Services. Any change to quoted prices will be notified to the Client before work continues, wherever reasonably possible.

Payment terms will be set out in the quotation, invoice, or booking confirmation. Gardeners Crossness may require a deposit or advance payment to secure the booking, particularly for larger projects or where custom materials must be ordered. The balance is typically due on completion of the work or within a specified period as stated on the invoice.

Payment methods accepted will be communicated to the Client. The Client is responsible for ensuring that payments are made in full and on time. If payment is not received by the due date, Gardeners Crossness may charge interest at the statutory rate and reserve the right to suspend further work until outstanding amounts are settled.

Where Services are provided on an ongoing or regular basis, Gardeners Crossness may invoice periodically, for example monthly, in arrears or in advance. Continuation of regular Services is conditional on timely payment of all invoices.

Cancellations and Rescheduling

The Client may cancel or request to reschedule a booking by giving reasonable notice. Unless otherwise agreed, at least 48 hours notice prior to the scheduled visit is required to avoid charges. If less than 48 hours notice is given, Gardeners Crossness may charge a cancellation fee or a proportion of the expected service cost to cover time and expenses.

For larger projects or works requiring special materials, cancellation after materials have been ordered may result in charges to cover unrecoverable costs, including supplier restocking fees, delivery charges, and time spent on preparation.

Gardeners Crossness reserves the right to reschedule or cancel a booking due to adverse weather conditions, unsafe site conditions, staff illness, breakdown of essential equipment, or other circumstances beyond reasonable control. In such cases, Gardeners Crossness will aim to offer an alternative suitable date. Gardeners Crossness shall not be liable for any indirect or consequential loss arising from such changes.

Service Standards and Complaints

Gardeners Crossness aims to perform all Services with reasonable care and skill in accordance with good horticultural practice and industry standards. The Client is encouraged to inspect the work on completion or at reasonable intervals for longer projects.

If the Client is not satisfied with any aspect of the Services, the Client should raise the issue with Gardeners Crossness as soon as reasonably practicable, providing clear details of the concern. Where a complaint is justified and directly related to the quality or completeness of the Services, Gardeners Crossness may, at its discretion, revisit the Site to remedy the issue or offer an appropriate adjustment.

Complaints should be raised within a reasonable time after the Services have been provided. Gardeners Crossness is not obliged to consider complaints raised after a substantial delay, particularly where circumstances may have changed or where subsequent work by others has altered the original condition.

Waste Handling and Environmental Regulations

Gardeners Crossness will follow applicable waste and environmental regulations when handling, transporting, and disposing of green waste and other materials arising from the Services. The Client will be informed in advance if waste removal is included in the price or charged separately.

Where waste removal is included, Gardeners Crossness will take reasonable steps to ensure that green waste, such as grass cuttings, prunings, and branches, is disposed of at authorised facilities or through lawful reuse and recycling options. Non-green waste, including rubble, plastics, metal, or hazardous materials, may be subject to additional charges or may not be accepted for removal unless agreed beforehand.

The Client may choose to retain green waste on the Site for composting or disposal by the Client. In such cases, Gardeners Crossness may leave materials in a designated area within the Site boundary as instructed by the Client, provided that it does not create safety or environmental hazards.

The Client is responsible for ensuring that any waste left on the Site at the Client's request is handled and disposed of in accordance with local regulations after completion of the Services.

Health and Safety

Gardeners Crossness will operate in accordance with relevant health and safety requirements and will take reasonable measures to protect staff, the Client, and any third parties while carrying out the Services. This includes appropriate use of tools, machinery, and personal protective equipment.

The Client agrees not to interfere with, or instruct others to interfere with, tools, materials, or work areas while Gardeners Crossness is on Site. The Client must notify Gardeners Crossness of any particular health and safety concerns, including allergies, hazardous substances, or site-specific risks.

Liability and Limitations

Gardeners Crossness will be responsible for any direct physical damage to the Site or property caused by negligence in the performance of the Services. The Client must report any such damage as soon as reasonably practicable and allow Gardeners Crossness a reasonable opportunity to inspect and, where appropriate, repair or make good the damage.

Gardeners Crossness shall not be liable for any loss or damage arising from pre-existing defects, structural issues, hidden obstructions, inherent site conditions, or third-party actions beyond its control. Gardeners Crossness is not responsible for indirect or consequential losses, including loss of enjoyment, loss of business, loss of profit, or loss of anticipated savings, arising from the provision or non-provision of the Services.

Any advice or recommendations given by Gardeners Crossness regarding plants, design, maintenance, or usage of the garden are provided in good faith based on the information available. However, Gardeners Crossness cannot guarantee specific outcomes where external factors, including weather, pests, soil variation, and ongoing maintenance by the Client, have an impact.

Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter that cannot be lawfully limited or excluded.

Insurance

Gardeners Crossness will maintain appropriate insurance cover in respect of its legal liabilities arising out of the Services, in accordance with industry practice. Evidence of insurance may be provided to the Client on reasonable request.

Intellectual Property

Any designs, plans, or creative concepts produced by Gardeners Crossness in connection with the Services remain the intellectual property of Gardeners Crossness unless expressly assigned in writing. The Client is granted a non-exclusive licence to use such designs solely for the purpose of implementing and enjoying the garden or landscape at the Site.

Force Majeure

Gardeners Crossness shall not be in breach of the Contract nor liable for any delay in performing, or failure to perform, any of its obligations where such delay or failure results from events, circumstances, or causes beyond its reasonable control. These may include extreme weather, natural disasters, fire, flood, acts of government, labour disputes, or interruptions to utilities. In such cases, Gardeners Crossness will take reasonable steps to resume Services as soon as practicable.

Termination

Either party may terminate the Contract for ongoing or regular Services by giving reasonable written notice, subject to any minimum term or agreed notice period set out in the booking or quotation. Gardeners Crossness may terminate immediately if the Client fails to pay sums due, refuses access to the Site without good reason, behaves abusively toward staff, or otherwise materially breaches these Terms and Conditions.

On termination, the Client shall pay for all Services provided up to the termination date and for any materials purchased or committed to for the Client's project that cannot reasonably be cancelled or reused.

Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them, the Services, or the Contract 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.

General Provisions

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

No failure or delay by Gardeners Crossness in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent any further exercise of that or any other right or remedy.

These Terms and Conditions, together with any quotation or written agreement, constitute the entire agreement between Gardeners Crossness and the Client in relation to the Services and supersede any prior understandings or arrangements.

Gardeners Crossness reserves the right to amend these Terms and Conditions from time to time. The version in force at the time of booking shall apply to that Contract, and updated versions will apply to future bookings after they have been made available to clients.