Terms And Conditions

Gardeners Hatton Service Terms and Conditions

These Terms and Conditions apply to all gardening and related services provided by Gardeners Hatton to consumer and business customers within the United Kingdom. By making a booking, accepting a quotation or allowing work to commence, you agree to be bound by these Terms and Conditions.

If you do not agree with any part of these terms, you should not proceed with a booking or allow work to start. These terms do not affect your statutory rights under applicable UK law.

Definitions

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

Company means Gardeners Hatton.

Customer means the person, firm or organisation ordering or receiving services from the Company.

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

Site means the property, land or premises where the Services are to be carried out.

Agreement means the contract between the Company and the Customer, comprising these Terms and Conditions, any written quotation, and any additional written variations agreed between the parties.

Scope of Services

The Company provides a range of gardening and outdoor services, which may include general garden maintenance, lawn care, pruning, hedge trimming, planting, turfing, light landscaping, garden clearance and related activities. The exact scope of work will be described in the quotation or booking confirmation.

The Company reserves the right to decline work that is outside its competence, unsafe, unlawful or impracticable, or which would require permissions or consents not obtained by the Customer.

Booking Process

Bookings may be made following an enquiry and, where necessary, a Site assessment. The Company may provide a written or verbal quotation based on the information supplied by the Customer and any inspection carried out.

The Customer is responsible for providing accurate information about the Site, including access arrangements, parking availability, size of the garden, current condition, and any known hazards or restrictions. The Company is not liable for any delay, extra cost or inability to complete the work arising from inaccurate or incomplete information.

A booking is deemed accepted and an Agreement formed when the Customer confirms acceptance of the quotation or proposed charges and a start date is agreed. The Company may confirm acceptance in writing, but failure to do so will not invalidate an Agreement formed by mutual consent.

The Company may at its discretion require a deposit or advance payment to secure a booking, particularly for larger projects, the purchase of materials, or during busy periods.

Access and Customer Responsibilities

The Customer must ensure that the Company has safe and reasonable access to the Site for the duration of the work, including any agreed arrival times. This includes providing access to gates, side passages, communal areas and any necessary building entrances.

The Customer must ensure that the working area is clear of unnecessary obstacles, pet waste, and personal items that may be damaged or obstruct the work. Pets and children should be kept away from the working area and equipment at all times.

The Customer is responsible for notifying the Company of any underground services, such as pipes, cables, drains or irrigation systems, and any known structural issues or hidden hazards. The Company will take reasonable care, but cannot be liable for damage to undisclosed or inaccurately marked services.

If access is not available, or the work cannot be carried out safely on arrival, the Company may charge a missed appointment or call out fee to cover travel and lost time.

Materials and Products

Where the Company supplies plants, turf, soil, aggregates, timber, fixtures, fittings or other materials, these remain the property of the Company until full payment has been received. Risk passes to the Customer on delivery or installation.

The Company will use materials of suitable quality and will make reasonable efforts to match styles, colours and finishes as requested by the Customer. Natural variations may occur, and the Company cannot guarantee identical appearance or performance.

Plants, turf and other living materials are living organisms and require appropriate care after installation. The Company cannot guarantee their long-term survival or performance where aftercare instructions are not followed, weather conditions are extreme, or factors beyond the Company’s control affect growth.

Pricing and Payments

Prices may be quoted as a fixed price for a defined scope of work, or as an hourly or daily rate. Any quotation is based on the Company’s assessment at the time and on the information supplied by the Customer. If the scope of work changes, or if unforeseen conditions arise, the Company may revise the price or agree a variation with the Customer.

Unless otherwise stated, all prices are quoted in pounds sterling and are inclusive or exclusive of VAT in accordance with the Company’s tax status at the relevant time. Any applicable taxes will be stated or included as required by law.

Payment terms will be notified to the Customer at the time of booking. Unless agreed otherwise, payment for smaller jobs is due on completion of the Services, and payment for larger projects may be staged, with deposits or interim payments required as work progresses.

Payments may be made by accepted methods as notified by the Company. The Company reserves the right to refuse payment in cash above reasonable limits for security reasons.

If payment is not made by the due date, the Company may charge interest on overdue sums at the statutory rate permitted under applicable UK law, and may suspend or cancel further work or bookings until payment is received. The Customer will be responsible for any reasonable costs incurred in recovering overdue amounts.

Cancellations and Rescheduling

The Customer may cancel or reschedule a booking by giving reasonable notice. The Company requests that the Customer provides as much advance notice as possible to minimise disruption.

For standard maintenance visits and smaller jobs, the Company may specify a minimum notice period for cancellation or rescheduling. If notice is not given within that period, the Company may charge a cancellation fee to cover lost time and travel costs.

For larger projects or where materials have been specially ordered, the Company may retain any deposit or charge for materials and labour already incurred if the Customer cancels. Any remaining balance of prepaid sums will be refunded where appropriate.

The Company reserves the right to reschedule or cancel a booking due to adverse weather, staff illness, safety concerns, mechanical breakdowns, or other circumstances beyond its reasonable control. In these cases, the Company will seek to agree a new appointment time with the Customer as soon as practicable.

Weather and Working Conditions

Gardening and outdoor work are dependent on weather and seasonal conditions. Some tasks may not be safe or appropriate in heavy rain, frost, snow, high winds or extreme heat.

The Company may at its discretion postpone or modify work where conditions are unsuitable or unsafe. This may affect the timing of work such as lawn treatments, planting, spraying, tree work or use of powered machinery.

The Company is not liable for delays or rearrangements caused by adverse weather but will make reasonable efforts to complete the Services within a reasonable timeframe.

Health, Safety and Equipment

The Company will carry out work with reasonable skill and care and in accordance with applicable health and safety requirements. Staff will use suitable tools, machinery and personal protective equipment as appropriate to the task.

The Customer must not interfere with the Company’s equipment or attempt to operate machinery or tools. Children, pets and third parties should be kept away from machinery, vehicles and work areas at all times.

If the Customer observes any matter of concern relating to safety during the works, they should raise it with the Company as soon as possible so that it can be addressed.

Waste Handling and Environmental Regulations

Gardeners Hatton will comply with applicable UK regulations relating to the handling, transport and disposal of garden and green waste. In many cases, the Company can remove and dispose of green waste generated by its work, subject to an agreed charge.

The standard service may or may not include waste removal, depending on what has been quoted. The quotation or booking confirmation will indicate whether waste removal is included, limited or excluded. If waste removal is not included, the Customer will be responsible for disposing of any waste left on Site.

Where the Company arranges removal and disposal of waste, this will be carried out in accordance with relevant environmental and waste management legislation. The Company may use approved disposal sites or authorised carriers as required.

The Company does not routinely remove hazardous waste or controlled substances, including contaminated soil, asbestos, chemicals, or other materials subject to special handling rules. If such materials are discovered, the Company may suspend work and advise the Customer to obtain specialist assistance.

Liability and Limitations

The Company will exercise reasonable skill and care in the provision of the Services. If the Customer believes that there is a problem with the work carried out, they must notify the Company promptly and within a reasonable time so that any issues can be investigated and, if appropriate, remedied.

The Company’s liability for loss or damage arising from the Services is limited to losses that are reasonably foreseeable and caused by the Company’s negligence or breach of contract. The Company is not liable for any loss of profits, business interruption, loss of opportunity or other indirect or consequential losses.

Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot lawfully be excluded or limited under UK law.

The Customer is responsible for protecting any fragile items, garden ornaments, pots, decorations, lighting, cables and similar items in the garden or surrounding property. The Company will take reasonable care but is not liable for minor breakages of low value items that could reasonably have been removed or protected by the Customer.

The Customer is responsible for ensuring that any necessary permissions, consents or approvals from landlords, neighbours or local authorities have been obtained where required, such as for boundary changes, tree works, or alterations affecting shared areas. The Company is not liable for any consequences arising from the absence of such permissions.

Guarantees and Complaints

Any guarantees or assurances relating to specific Services, materials or workmanship will be described in writing where offered. Such guarantees are subject to proper use and reasonable maintenance of the garden and installed items.

If the Customer has a complaint about the Services provided, they should raise it directly with the Company at the earliest opportunity, preferably within 14 days of the relevant work. The Company will investigate the complaint and seek a fair resolution, which may include rectification of the work, a partial refund or other appropriate remedy.

Changes to Booked Work

If the Customer wishes to change the scope or details of the booked work, they should notify the Company as soon as possible. The Company will advise whether the requested change is feasible and may adjust the price and timescales accordingly.

The Company is not obliged to carry out additional work beyond that originally agreed, but will endeavour to accommodate reasonable changes where resources and scheduling allow.

Data Protection and Privacy

The Company may collect and store basic personal data required to manage bookings, deliver Services and issue invoices, such as names, addresses and payment details. This information will be handled in accordance with applicable data protection laws in the UK.

Personal data will not be sold to third parties. It may be shared with third parties only where necessary to provide the Services, process payments, comply with legal obligations, or support the Company’s operations, such as with accountants or waste carriers.

Force Majeure

The Company is not liable for any failure or delay in performing its obligations under the Agreement where such failure or delay is caused by events beyond its reasonable control. These events may include extreme weather, natural disasters, accidents, illness, epidemics, strikes, transport disruptions, or changes in law or regulation.

In such cases, the Company will contact the Customer as soon as reasonably practicable and will seek to reschedule or otherwise minimise any disruption to the Services.

Termination

Either party may terminate the Agreement if the other party commits a serious breach of these Terms and Conditions and, where the breach is capable of remedy, fails to remedy it within a reasonable time after being asked to do so.

On termination, the Customer will pay the Company for all work completed up to the date of termination and for any materials purchased or committed in good faith for the Customer’s project. Any overpayments will be refunded where appropriate.

Governing Law and Jurisdiction

These Terms and Conditions, and any Agreement between the Company and the Customer, are governed by and interpreted in accordance with 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, unless otherwise required by applicable consumer protection legislation.

General Provisions

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

No failure or delay by the Company in exercising any right or remedy will operate as a waiver of that right or remedy, nor will any single or partial exercise prevent any further exercise of the same or another right or remedy.

These Terms and Conditions, together with any quotation and written variations, constitute the entire agreement between the Company and the Customer in relation to the Services. No verbal statement or representation not confirmed in writing will be binding on the Company.

The Company reserves the right to update or amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to that booking, unless changes are agreed in writing between the parties.