Gardeners Arkley Service Terms and Conditions

These Terms and Conditions set out the basis on which garden services are provided by Gardeners Arkley. They are intended to be clear, fair and practical, so customers understand what to expect when booking, receiving and paying for gardening work. By requesting a service, the customer agrees to these terms, which apply to domestic and commercial gardening services unless agreed otherwise in writing.

The expression garden services includes, without limitation, routine maintenance, lawn care, pruning, hedge work, planting, clearance, soft landscaping and related outdoor work. These terms should be read alongside any written quotation, estimate, service schedule or work order. If there is any inconsistency, the written quotation or work order will usually take priority for the specific job, but these terms will still apply to everything else unless expressly varied.

These terms are designed to support a professional and transparent relationship between the customer and the gardener. They cover the booking process, payment terms, cancellations, liability, waste handling and the legal framework that applies to gardening services in the UK. Nothing in these terms is intended to limit rights that cannot lawfully be excluded.

1. Booking Process

Bookings may be made by telephone, email, online form or any other method accepted by the service provider. A booking is not confirmed until it has been accepted and, where applicable, a deposit or advance payment has been received. The customer should provide accurate details about the property, access arrangements, the scope of work, hazards, pet access, parking limitations and any special instructions that may affect the service.

When a booking is made, the customer agrees that the information provided is true, complete and not misleading. If the customer asks for a service to be carried out on a specific date or within a specified period, every reasonable effort will be made to accommodate that request, but dates remain subject to weather, staff availability, access conditions and other operational factors. The gardener may refuse, delay or reschedule work where conditions are unsafe, unsuitable or likely to prevent satisfactory completion.

Any quotation or estimate is normally based on the details supplied at the time of enquiry. If the actual site conditions differ materially from those described, the scope of work and price may need to be revised before work begins. Examples include excessive overgrowth, hidden debris, unstable ground, blocked access, pest activity, waterlogging, or the presence of protected plants or structures. If a revised price is not accepted, the service provider may decline to proceed.

2. Service Scope and Customer Responsibilities

Garden work will be carried out with reasonable skill and care, using suitable tools, methods and materials appropriate to the task. The customer is responsible for ensuring that access to the property is available on the agreed date and time, and that any keys, gate codes, security arrangements or other access instructions are provided in advance. If access is not available, any wasted attendance time may be charged.

The customer must remove or secure items that could be damaged or interfere with the work, including toys, ornaments, fragile garden features, personal belongings and valuable objects left outdoors. The gardener is not responsible for hidden damage caused by items that were not reasonably visible or disclosed before work began. The customer should also notify the service provider of any underground services, irrigation systems, buried cables, delicate edging, recent planting, wildlife concerns or other features that may require special care.

Where the service includes pruning, trimming or clearance, the customer accepts that some seasonal variation in appearance is normal and that certain plants may respond unpredictably to cutting back. Gardeners Arkley will not be liable for plant stress, seasonal dieback or natural changes in condition unless caused by proven negligence. Advice given during the service is offered in good faith, but final decisions remain the customer’s responsibility unless a separate written advisory service has been agreed.

3. Payments and Charges

Unless otherwise agreed in writing, prices are quoted in pounds sterling and may be based on hourly rates, fixed prices, minimum call-out charges or project-based fees. All prices will normally be stated exclusive of VAT unless expressly indicated otherwise. If VAT applies, it will be charged at the prevailing rate. Any materials, waste disposal fees, parking charges or third-party costs may be added where relevant and reasonably incurred.

Invoices are payable within the period stated on the invoice or quotation. For recurring maintenance, payment may be due after each visit, weekly, fortnightly, monthly or by another agreed schedule. The service provider may request a deposit, stage payment or full payment in advance for larger jobs, seasonal work or materials purchase. No work is guaranteed to start until any required deposit has cleared.

If payment is late, the service provider may charge statutory interest and reasonable recovery costs in accordance with the Late Payment of Commercial Debts legislation where applicable. For consumer customers, any interest or charges will be applied only where lawful and clearly stated. Failure to pay on time may result in suspension of services, withdrawal of future booking slots and legal recovery action. Any discount offered is conditional upon timely payment and full compliance with the agreed scope.

If a customer disputes an invoice, they should notify the service provider promptly and provide the reasons for the dispute. Undisputed amounts remain payable by the due date. The customer must not withhold payment for completed work without a genuine and clearly explained reason. Where a pricing error has occurred due to an obvious clerical mistake, the service provider may correct the error and issue an amended invoice.

4. Cancellations, Rescheduling and Delays

The customer may cancel or reschedule a booking, but reasonable notice should be given. For one-off visits, at least 24 hours’ notice is normally expected. For larger or specially scheduled works, more notice may be required. If cancellation occurs after work has been allocated, materials purchased, or staff dispatched, the customer may be charged for reasonable costs already incurred.

If the customer is not present when attendance is required and access cannot be gained, this may be treated as a late cancellation or wasted visit. In those circumstances, the customer may be charged the full call-out fee or a reasonable portion of the agreed price, depending on the circumstances. The same applies where the property is unavailable, unsafe or materially different from what was described.

The service provider may also reschedule or cancel a booking where weather conditions, staffing issues, equipment failure, vehicle problems, safety concerns or other events outside reasonable control make it impractical or unsafe to proceed. In such cases, a new date will be offered where possible. The provider will not be liable for indirect loss caused by a necessary reschedule, including inconvenience, missed appointments or changes to third-party arrangements, unless required by law.

5. Liability and Limitations

The gardener will take reasonable care while carrying out work, but the customer acknowledges that garden environments involve natural variation, weather exposure, hidden defects and fragile materials. Liability is limited to loss or damage caused directly by proven negligence, breach of contract or other legal duty. Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded.

The service provider is not responsible for pre-existing defects, structural issues, unstable paving, decayed timber, shallow roots, hidden services, underground obstacles or damage caused by the natural condition of the land. Nor is the provider responsible for incidental damage that occurs despite reasonable care where the risk was inherent in the task and not reasonably avoidable. The customer should ensure that valuables, fragile items and vulnerable fixtures are protected before work begins.

Where plants, turf, hedges or lawns are affected by weather, disease, pests, watering practices, soil conditions or previous maintenance decisions, the service provider cannot guarantee recovery or long-term results. Any recommendation given about plant care, pruning or treatment is based on professional experience but does not amount to a warranty. The customer accepts that outcomes in gardening services can vary according to seasonal and environmental conditions.

To the fullest extent permitted by law, the service provider shall not be liable for indirect, special or consequential losses, including loss of profit, loss of enjoyment, loss of opportunity or reputational loss. If liability is found to arise in relation to a particular service, any compensation will normally be limited to the amount paid or payable for that specific service, except where the law requires otherwise.

6. Waste Regulations and Disposal

Garden waste generated during the work may be removed, stored or left on site according to the service agreed. Where waste removal is included, it will be handled in line with applicable environmental and waste regulations in the UK. Green waste, soil, branches, turf, leaves and other organic material may be taken to a lawful disposal or recycling facility, where possible, rather than being fly-tipped or disposed of unlawfully.

The customer must disclose any materials that may require special handling, including asbestos, contaminated soil, chemical containers, sharps, broken glass, animal remains or domestic rubbish mixed with garden waste. Such items are not ordinary garden waste and may incur additional charges or require specialist disposal by a licensed contractor. The gardener may refuse to handle any material that appears hazardous, unlawful to move or beyond the agreed scope of work.

Where the customer wishes to retain waste for their own disposal, this must be agreed in advance. If the customer asks for waste to be stacked, bagged or left at a particular location, it will be done only where safe and lawful. The customer is responsible for ensuring that any onward disposal they arrange complies with applicable environmental rules. The service provider is not liable for the customer’s later use, storage or disposal of removed waste once handed over lawfully.

7. Customer Conduct and Site Safety

The customer must ensure that the site is reasonably safe for work to begin. This includes controlling pets, warning about aggressive animals, securing children, and removing or isolating hazards where possible. If the gardener believes a site is unsafe, work may be paused or stopped until the hazard is addressed. In such cases, a return visit may be chargeable if the issue was not disclosed in advance.

The customer must not ask the gardener to carry out work that is illegal, unsafe or outside competence. This includes entering enclosed spaces, working at height without suitable equipment, removing protected trees without consent, or using chemicals in a manner that breaches legal requirements. The service provider may decline any instruction that conflicts with law, safety practice or environmental responsibility.

Any use of pesticides, herbicides, fuels or other treatment products will be handled in accordance with product instructions and relevant law. The customer should keep children, pets and vulnerable persons away from treated areas for the advised period. The gardener is not responsible for misuse after completion of the service, including watering, overuse of products or re-entry before safety intervals have elapsed.

8. Termination and Variation

Either party may end an ongoing service arrangement by giving reasonable notice, unless a different notice period has been agreed. If the customer terminates after work has started, payment remains due for all work completed, materials used and costs reasonably incurred up to the date of termination. The service provider may also end the arrangement immediately where the customer repeatedly fails to pay, denies access, or behaves in a way that makes the working relationship unreasonable or unsafe.

No variation of these terms is valid unless agreed in writing. A written quote, invoice note or email confirmation may modify a specific aspect of the service for that job, but it does not automatically rewrite the entire agreement. If any provision is held to be invalid or unenforceable, the remaining terms will continue in effect to the fullest extent permitted by law.

9. Governing Law

These Terms and Conditions, and any dispute or claim arising from or connected with them, shall be governed by and interpreted in accordance with the laws of England and Wales. The parties agree that the courts of England and Wales shall have jurisdiction, subject always to any mandatory consumer rights or alternative dispute processes that may apply under UK law.

For business customers, any dispute should first be raised in good faith in an attempt to resolve the matter promptly and commercially. For consumer customers, the service provider will act in accordance with applicable consumer protection legislation and any statutory rights that cannot be limited by contract. These terms are intended to be lawful, proportionate and consistent with normal standards expected of professional garden services in the UK.

By confirming a booking, accepting a quotation or allowing work to proceed, the customer confirms that they have read and understood these terms. They also acknowledge that Gardeners Arkley may update the terms from time to time to reflect changes in law, business practice or service arrangements, with the version applying being the one in force at the time of booking unless otherwise stated.