Terms And Conditions

Gardeners New Malden Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners New Malden provides gardening and related services to residential and commercial customers in New Malden and nearby areas. By placing a booking or allowing work to commence, you agree to be bound by these Terms and Conditions.

If you ask us to start work, or continue with a booking, this will be taken as confirmation that you have read, understood and accepted these Terms and Conditions.

1. Definitions

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

Customer means the person, company, or organisation requesting the services.

Services means gardening, garden maintenance, garden clearance, lawn care, hedge cutting, planting, landscaping and any other services agreed between the Customer and Gardeners New Malden.

Property means the garden, land, and any external areas at which the Services are to be carried out.

Booking means a request by the Customer, and acceptance by Gardeners New Malden, for the provision of Services on a specific date and time or within a specified period.

Agreement means the contract between the Customer and Gardeners New Malden, comprising these Terms and Conditions together with any written or verbal quotation or confirmation of booking.

2. Scope of Services

Gardeners New Malden provides gardening and outdoor maintenance services in New Malden and surrounding areas. The exact scope of the Services for each Booking will be confirmed in a quotation, work specification, or by clear verbal agreement prior to starting work.

Unless clearly stated otherwise, Services do not include structural work, major tree surgery, electrical work, plumbing, or any work that requires specialist qualifications or separate statutory permissions.

We reserve the right to decline any work which we consider unsafe, unsuitable, outside our expertise, or in breach of relevant laws or regulations.

3. Booking Process

Bookings may be made by contacting Gardeners New Malden and providing details of the Property, required Services, and preferred dates and times. All Bookings are subject to availability and confirmation.

We may carry out an initial assessment, which may be in person or through photographs and descriptions provided by the Customer, to estimate the time, price, and resources required. Any quotation given on the basis of photographs or descriptions is subject to amendment if the actual conditions on site differ from those described.

A Booking will be treated as confirmed when we have agreed the date, approximate start time, and pricing basis with you. For larger or more complex work we may require a written acceptance of our quotation or a deposit before confirming the Booking.

The Customer is responsible for ensuring that access to the Property is available on the agreed date and time and that any necessary permissions from neighbours, landlords, management companies, or freeholders have been obtained.

4. Access and Site Conditions

The Customer must ensure safe and reasonable access to the Property and all relevant garden areas, including vehicle access for equipment and lawful parking where required.

The Customer must notify us of any hazards at the Property, including uneven ground, hidden obstructions, ponds, power cables, fragile surfaces, or any other risk that could affect the safety of our staff or third parties.

Where access is not available, is significantly restricted, or where conditions are unsafe, we may cancel or postpone the Booking or adjust the price to reflect additional time or equipment required. If we are unable to proceed due to lack of access or unsafe conditions, a call-out or cancellation charge may apply as set out in these Terms and Conditions.

5. Pricing and Quotations

Pricing may be on an hourly rate, a fixed price, or a combination of both, as agreed before work commences. All quotations are based on the information available to us at the time and assume normal site conditions.

Unless otherwise stated, quotations are valid for 30 days from the date of issue. If work is requested after this period, we may revise the quotation to reflect any changes in costs or site conditions.

If the scope of work changes, or if additional work is requested, we will inform you of any variation in price. Where reasonably possible, we will agree any additional charges with you before proceeding with extra work.

Prices quoted exclude any additional charges by third parties such as local authority fees, skip hire costs, specialist equipment hire or disposal fees, unless otherwise stated.

6. Payments and Invoicing

Payment terms will be confirmed at the time of Booking. Unless otherwise agreed, payment is due immediately on completion of the Services for smaller jobs, or in staged payments for larger projects as set out in our quotation.

We accept commonly used payment methods permitted under UK law, which will be confirmed to you at the time of Booking or invoicing. We do not accept payment in cash sent by post.

Invoices are payable in full by the due date shown. If payment is not received by the due date, we reserve the right to charge interest on the outstanding amount at the statutory rate, together with any reasonable costs incurred in recovering the debt.

Ownership of any materials supplied by Gardeners New Malden remains with us until full payment has been received. We may remove any supplied materials that have not been paid for, provided this can be done without damage to the Property.

7. Deposits

For certain Services, including larger landscaping projects, we may require a deposit before work is scheduled. The amount and due date for the deposit will be specified in our quotation or booking confirmation.

Deposits are normally non-refundable except where we cancel the work without good cause or as otherwise required by law. If you cancel within a permitted cooling-off period where applicable, any deposit paid will be refunded in accordance with your statutory rights.

8. Cancellations and Rescheduling

The Customer may cancel or reschedule a Booking by giving reasonable notice. Unless otherwise agreed, we require at least 48 hours notice before the scheduled start time.

If the Customer cancels with less than 48 hours notice, we may charge a cancellation fee to cover our administrative costs, lost time, and any non-refundable expenses incurred.

Where severe weather conditions or other factors beyond our control make it unsafe or impractical to carry out the Services, we may postpone the Booking to the next available date and time. In such cases no cancellation fee will be charged to the Customer.

We reserve the right to cancel a Booking at any time if the Customer is in breach of these Terms and Conditions, has provided misleading information, or if we consider the work to be unsafe or not reasonably practicable. We will, where possible, offer alternative dates or partial services, but we are not liable for any consequential loss arising from such cancellation.

9. Waste Removal and Environmental Regulations

Garden waste removal is not automatically included in every Service and will only be carried out if specified in the quotation or Booking. Where included, we will remove garden waste such as grass cuttings, leaves, prunings, and small branches up to the volume agreed.

We comply with applicable waste and environmental regulations in the United Kingdom, including any requirements for the lawful transport and disposal of green waste. Where third party waste carriers or disposal facilities are used, we will use reputable providers.

Soil, rubble, large tree trunks, bulky debris, and hazardous materials may require specialist disposal and may incur additional charges. We will advise you of these costs where reasonably possible before proceeding.

If waste removal is not included, we will leave garden waste neatly bagged or stacked in an agreed area of the Property for your disposal through local council schemes, recycling centres, or private waste contractors.

The Customer must not request or permit any unlawful or fly-tipping disposal of waste. We decline any request that would cause a breach of environmental regulations.

10. Customer Obligations

The Customer must provide accurate information about the Property, access, and any relevant restrictions or requirements.

The Customer is responsible for keeping children, pets, and third parties away from working areas for their own safety and to allow the work to proceed without interruption.

The Customer must ensure that any sprinkler systems, timers, buried cables, or irrigation lines are clearly identified to us before work commences. We are not responsible for damage to undisclosed or hidden services that could not reasonably have been identified.

11. Our Standards and Materials

We aim to provide Services with reasonable skill and care in accordance with industry standards for general gardening work. Planting, seeding, and turfing work is subject to natural conditions outside our control, including weather, soil conditions, and ongoing maintenance by the Customer.

Any materials, plants, or products supplied by us will be of suitable quality for their intended purpose, but living plants are subject to natural variation and cannot be guaranteed to thrive in every circumstance.

The Customer is responsible for ongoing watering, feeding, pruning, and general care of plants and lawns after we have completed our work, unless we have agreed an ongoing maintenance plan.

12. Liability and Limitations

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

Subject to the above, our total liability to the Customer for any loss or damage arising out of or in connection with the Agreement shall not exceed the total amount paid or payable by the Customer for the specific Services giving rise to the claim.

We are not liable for any indirect or consequential loss, including loss of enjoyment, loss of profit, or loss of opportunity, arising from delays, cancellations, or performance of the Services, except where such liability cannot lawfully be excluded.

We are not responsible for pre-existing damage or defects at the Property, for damage arising from defective materials supplied by the Customer, or for issues caused by pests, disease, extreme weather, or other factors outside our reasonable control.

13. Complaints and Rectification

If you are dissatisfied with any aspect of the Services, you must notify us as soon as reasonably possible and in any event within 7 days of completion of the relevant work.

We will investigate any complaint and, where we consider it appropriate and reasonable, may offer to rectify the issue, carry out remedial work, or provide a partial refund. Any remedial work must be carried out by us or with our agreement in order for us to accept responsibility.

We reserve the right to inspect the Property and any alleged defect or issue before agreeing any remedy.

14. Force Majeure

We are not liable for any delay or failure to perform our obligations where such delay or failure is due to events beyond our reasonable control. This may include extreme weather, flooding, drought restrictions, industrial disputes, power failures, epidemics, or acts of government or local authorities.

Where a force majeure event occurs, we will notify you as soon as reasonably practicable and will aim to reschedule the Services once conditions allow.

15. Data Protection and Privacy

We will handle any personal information you provide in accordance with applicable UK data protection laws. We will use your details only for the purposes of managing your bookings, providing the Services, and administering our relationship with you.

We will not sell your personal data to third parties. We may share information with trusted contractors or suppliers where necessary to fulfil the Services or comply with legal obligations.

16. Amendments to these Terms

We may update or amend these Terms and Conditions from time to time to reflect changes in the law, our business practices, or the Services we offer. The version in force at the time of your Booking will apply to your Agreement.

Any changes will not affect bookings already accepted unless required by law or with your consent.

17. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them, or the Services provided by Gardeners New Malden, shall be governed by and construed in accordance with the laws of England and Wales.

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.

18. Severability

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

19. Entire Agreement

These Terms and Conditions, together with any quotation or booking confirmation provided by Gardeners New Malden, constitute the entire Agreement between the Customer and Gardeners New Malden in relation to the Services and supersede any prior discussions or understandings.