Gardeners Penge Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Penge provides gardening and related services to residential and commercial customers. By booking or receiving any service from Gardeners Penge, 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 expressions have the meanings set out below:

Customer means the person or organisation requesting or receiving services from Gardeners Penge.

Services means gardening, garden maintenance, clearance, landscaping, or any related services provided by Gardeners Penge.

Visit means each occasion on which Gardeners Penge attends the property to provide services.

Property means the garden or external area at which the services are to be provided.

Agreement means the contract between Gardeners Penge and the customer, incorporating these Terms and Conditions and any written or verbal quotation or confirmation.

2. Scope of Services

Gardeners Penge provides a range of gardening and outdoor maintenance services which may include lawn care, hedge trimming, pruning, planting, weeding, garden tidy-up, seasonal maintenance, garden clearance, and certain light landscaping tasks as agreed in advance.

The exact scope of services for each visit will be agreed at the time of booking or during an initial consultation. Any services not expressly agreed are excluded from the agreement. Gardeners Penge reserves the right to decline work that is unsafe, unlawful, beyond the agreed scope, or outside the company’s capabilities or insurance cover.

3. Booking Process

3.1 Enquiries and quotations

Customers may request a quotation by providing details of the property, required services, access arrangements, and preferred dates. Quotations may be given verbally or in writing. Any quotation is based on the information provided by the customer and, where applicable, an inspection of the property.

3.2 Acceptance of quotation

An agreement is formed when the customer accepts a quotation or confirms a booking, whether verbally or in writing, and Gardeners Penge confirms the booking and date. By confirming a booking, the customer acknowledges that they have read and accepted these Terms and Conditions.

3.3 Regular and one-off services

Services may be booked as a one-off visit or on a regular schedule. For regular services, Gardeners Penge will agree a frequency such as weekly, fortnightly, or monthly. The schedule may be adjusted by mutual agreement, subject to availability.

3.4 Access and attendance

The customer must ensure that Gardeners Penge has safe and reasonable access to the property on the agreed date and time. If Gardeners Penge is unable to gain access or carry out the work due to circumstances within the customer’s control, this may be treated as a late cancellation and charges may apply as set out in the cancellation section below.

4. Customer Obligations

The customer agrees to:

Provide accurate information about the property and the work required.

Ensure safe access to the property and any relevant facilities, such as outdoor taps or power points, where these are reasonably needed for the services.

Inform Gardeners Penge in advance of any known hazards, such as loose paving, exposed cables, sharp debris, or the presence of aggressive animals.

Keep pets and children away from work areas during visits to maintain safety.

Obtain any necessary permissions, consents or approvals from landlords, neighbours, or local authorities where required, for example in relation to boundary hedges, trees, or listed properties.

5. Pricing and Payments

5.1 Pricing

Prices may be quoted as a fixed price for a defined piece of work, an hourly rate, or a visit rate, depending on the nature of the services. Any estimate of time or cost is given in good faith but is not guaranteed if the scope of work changes or if information initially provided by the customer proves to be incomplete or inaccurate.

5.2 Additional work

If, during a visit, it becomes apparent that additional work or time is required beyond what was agreed, Gardeners Penge will where possible seek the customer’s approval before proceeding. Additional work will be charged at the agreed rates or at a reasonable rate in line with the company’s standard charges.

5.3 Payment terms

Unless otherwise agreed, payment is due on completion of each visit or on receipt of invoice. For larger projects or multi-day work, Gardeners Penge may require a deposit or stage payments. Details of any deposit or staged payment schedule will be provided before work begins.

Payments must be made using accepted payment methods as notified by Gardeners Penge. The customer is responsible for ensuring that payment is made in full and on time.

5.4 Late payment

If payment is not received by the due date, Gardeners Penge reserves the right to suspend further visits until the account is brought up to date. Interest may be charged on overdue invoices at a reasonable rate from the due date until payment is received in full. The customer will be liable for any reasonable costs incurred in recovering overdue sums.

6. Cancellations and Rescheduling

6.1 Customer cancellations

If the customer wishes to cancel or reschedule a visit, they must give reasonable notice. For regular maintenance visits, at least 24 hours notice is required. For larger projects or full-day bookings, at least 48 hours notice is recommended to avoid charges.

Gardeners Penge reserves the right to charge a cancellation fee where insufficient notice is given, to cover lost time and any costs incurred. If no notice is given, or if access is not provided on arrival, the full or a substantial portion of the visit fee may be charged at the company’s discretion.

6.2 Cancellations by Gardeners Penge

Gardeners Penge may occasionally need to cancel or reschedule a visit due to severe weather, staff illness, equipment failure, or other circumstances beyond reasonable control. In such cases, the company will aim to notify the customer as soon as possible and arrange an alternative date. Gardeners Penge will not be liable for any loss arising from such cancellations but will not charge for work that has not been carried out.

6.3 Adverse weather

Certain tasks may not be practical or safe in adverse weather conditions. Gardeners Penge will assess whether it is appropriate to proceed and may modify the planned work or reschedule where necessary. Where a visit must be curtailed due to weather, charges may be adjusted to reflect the time spent and work completed.

7. Health, Safety, and Site Conditions

Gardeners Penge will take reasonable care to work safely and in accordance with relevant health and safety practices. Customers must cooperate in providing a safe working environment.

Gardeners Penge may refuse to carry out work where it considers the conditions unsafe, for example due to dangerous structures, electrical hazards, unstable trees, or aggressive animals. In such cases, the visit may be treated as a cancellation by the customer if the risk arises from conditions within the customer’s control.

8. Waste Removal and Environmental Regulations

8.1 Green waste

Gardeners Penge will, where agreed, collect and consolidate green waste such as grass cuttings, leaves, and prunings. The standard service may include leaving green waste in designated areas, compost bins, or garden waste containers at the property, as agreed with the customer.

Where customers require removal and disposal of green waste from the property, this may incur an additional charge to cover transport and disposal fees in accordance with applicable regulations. The customer will be informed of any such charges in advance where possible.

8.2 Non-green waste

Removal of non-green waste, such as soil, rubble, old fencing, plastics, metals, or garden furniture, is not included unless specifically agreed. Separate charges and arrangements may apply for such waste, and certain items may not be removable due to environmental or regulatory restrictions.

8.3 Compliance with regulations

Gardeners Penge will handle waste in a manner that is compliant with applicable waste and environmental regulations. Customers must not request or expect disposal methods that would breach such regulations, including burning waste in unsuitable conditions or fly-tipping. Where customers choose to dispose of waste themselves, they are responsible for doing so lawfully.

9. Property Care and Damage

Gardeners Penge will take reasonable care when working at the property. However, gardening work inherently involves the use of tools, machinery, and manual labour, and some wear or disturbance to soil, turf, existing plants, and surfaces is a natural consequence of the services.

The customer is responsible for identifying and clearly marking any hidden features that could be damaged, such as buried cables, irrigation systems, or fragile ornaments. Gardeners Penge cannot be held liable for damage to items that were not reasonably visible or disclosed.

Any alleged damage must be reported as soon as reasonably possible and in any event within seven days of the relevant visit. Gardeners Penge will investigate and, where the company is at fault, will at its discretion arrange repair, replacement, or a reasonable financial adjustment.

10. Plants, Materials, and Guarantees

Where Gardeners Penge supplies plants, turf, or materials, these will be of a quality appropriate to the agreed specification. However, the survival and performance of living plants depend on factors beyond the company’s control, including weather, pests, diseases, soil conditions, watering, and ongoing care by the customer.

Unless expressly stated otherwise in writing, Gardeners Penge does not provide guarantees for the long-term survival or growth of plants or turf once the initial work is completed. The customer is responsible for following any care instructions provided, such as watering regimes and seasonal maintenance.

11. Liability and Limitations

Gardeners Penge will exercise reasonable skill and care in providing services. If the customer is dissatisfied with any aspect of the services, they must notify the company promptly and allow a reasonable opportunity to remedy the issue.

Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under applicable law.

Subject to the foregoing, Gardeners Penge shall not be liable for:

Any indirect, consequential, or purely economic loss, including loss of profit, loss of enjoyment, or loss of opportunity.

Any loss arising from factors beyond the company’s reasonable control, such as severe weather, pest infestations, plant diseases, or actions of third parties.

The total liability of Gardeners Penge in respect of any claim arising from a visit or project shall be limited to the total fees paid by the customer for the relevant visit or, in the case of a project, the relevant portion of the project.

12. Insurance

Gardeners Penge maintains appropriate insurance cover for its activities, including public liability insurance, to the extent reasonably required for the nature of its services. Details of insurance cover can be provided upon request.

13. Complaints and Dispute Resolution

If the customer has any complaint about the services, they should raise it as soon as possible with Gardeners Penge, providing clear details of the issue. Gardeners Penge will aim to respond promptly, investigate the matter, and, where appropriate, propose a resolution.

Both parties agree to act in good faith and attempt to resolve disputes amicably. If a dispute cannot be resolved through discussion, either party may seek independent advice or take further steps available under applicable law.

14. Changes to Bookings and Terms

Gardeners Penge may amend these Terms and Conditions from time to time. The latest version will apply to new bookings and, where reasonably appropriate, to ongoing services after the customer has been informed of the changes.

Customers requesting significant changes to the scope of an existing booking, such as additional areas to be maintained or new work, may receive an updated quotation and pricing. Any changes will take effect once agreed by both parties.

15. Data Protection and Privacy

Gardeners Penge will collect and use customer information only for the purpose of managing bookings, providing services, processing payments, and communicating about appointments or relevant updates. Customer details will be handled with appropriate care and will not be sold to third parties.

Information may be shared with service partners or suppliers solely where necessary to deliver the services, such as arranging deliveries of materials. Customers may request details of the personal information held about them and may ask for corrections where necessary, in line with applicable data protection laws.

16. Governing Law and Jurisdiction

These Terms and Conditions, and any agreement between Gardeners Penge and the customer, are governed by and construed in accordance with the laws of England and Wales.

Both parties agree that any dispute 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.

17. General Provisions

If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be treated as modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

Any failure or delay by Gardeners Penge in enforcing any right or remedy under these Terms and Conditions shall not be deemed a waiver of that or any other right or remedy.

The customer may not assign or transfer their rights or obligations under the agreement without the prior consent of Gardeners Penge. The company may assign or subcontract its rights and obligations where reasonably necessary to deliver the services, provided that this does not reduce the level of service or protections afforded to the customer under these Terms and Conditions.

These Terms and Conditions constitute the entire agreement between Gardeners Penge and the customer in relation to the services, and supersede any previous understandings or agreements, whether written or verbal, relating to the same subject matter.